Florida Administrative Code

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) For a period of two years following separation of employment, or expiration of term of office, no former specified employee or official shall personally represent another person or entity for compensation before the District in connection with any matter where the person part…

Rulemaking Authority 112.311, 112.313(6), 373.044 FS. Law Implemented 112.311, 112.313(6) FS. History-New 10-22-97, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 119.01, 119.085, 120.53, 282.303(1), 286.011, 373.044, 373.113 FS. Law Implemented 119.01, 119.07, 119.021, 119.085, 120.53, 286.011, 373.044, 373.113 FS. History-New 9-3-81, Formerly 16K-1.16(4), (7), Amended 5-11-93, 9-19-95, Repealed by Section 3, Chapter …

(1) It is the policy of the District to provide an equal opportunity for access to District services, programs, activities, and facilities which are held open to the public by handicapped and disabled persons in keeping with Title III of the Americans With Disabilities Act of 199…

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 112.3143, 120.53(1), 373.044, 373.113 FS. Law Implemented 120.53, 373.079 FS. History-New 5-11-93, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.54(5), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.569, 120.57, 373.146, 373.413, 668.003, 668.004, 668.50 FS. History-New 7-2-98, Amended 6-12-00, 10-1-06, Repealed 12-1-11.

Rulemaking Authority 120.54(5), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.569, 120.57, 120.60, 373.146, 373.413, 373.427, 668.003, 668.004, 668.50 FS. History-New 9-3-81, Amended 7-26-87, 5-11-93, 10-3-95, 7-2-98, 6-12-00, 10-1-06, Repealed by …

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 373.113 FS. History-New 9-3-81, Formerly 16K-1.09(1), 16K-1.112(1)-(3), 16K-1.12, Amended 5-11-93, 7-2-98, 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 373.113 FS. History-New 9-3-81, Formerly 16K-1.11(10), Amended 5-11-93, 7-2-98, 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.60, 373.085, 373.116, 373.119, 373.175, 373.229, 373.239, 373.243, 373.246, 373.413, 373.416, 373.429, 373.433, 373.436, 373.439 FS. History-New 9-3-81, Amended 5-11-93, 7-2-98, Repealed by S…

Unless expressly exempt by statute or District rule, permits must be obtained from the District prior to commencement of the following activities: (1) A water use individual or general permit pursuant to Chapter 40E-2, F.A.C., must be obtained prior to use or withdrawal of water …

(1) Application procedures for environmental resource permits are set forth in Chapter 62-330, F.A.C. The following procedures for processing permit applications or notices of intent apply in addition to the requirements of Section 120.60, F.S., and Chapter 28-106, F.A.C. (a) Wit…

(1) The Board may require the applicant for a permit to furnish a bond made payable to the District and its successors, with a reputable bonding corporation authorized to do business in this State as surety, conditioned upon full compliance with terms of the permit, including the…

(1) Notice of Receipt of Permit Application or Notice of Intent. Persons who wish to be notified of any permit application or notice of intent which affects a designated geographic area shall notify the District through the District's RegPermitting website at https://www.sfwmd.go…

(1) After the application for a permit is declared by staff to be complete, the District shall prepare a Staff Review Summary, which shall contain its recommendations regarding the subject application and which shall constitute intended agency decision. A notice of intended agenc…

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. An application shall not be considered complete until the appropriate application fee is submitted. These fees are assessed in order t…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.60 FS. History-New 9-3-81, Amended 10-3-95, 7-2-98, 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Procedures concerning the District's suspension, revocation and modification of a permit are contained in the Uniform Rules of Procedure, Rule 28-106.2015, F.A.C. (2) The District may temporarily suspend or revoke a permit, in whole or in part, when it determines that the per…

(1) Holders of renewable permits shall make timely application as required by Rule 40E-1.603, F.A.C., for renewal so as to avoid expiration during the renewal process. When timely application is made, the existing permit shall not expire until final agency action, or if the permi…

Within 30 days of any transfer of interest or control of the real property at which any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing or electronically at the District's RegPermitting website, of the transf…

(1) The procedures for the transfer of environmental resource permits are set forth in Rule 62-330.340, F.A.C. To transfer a surface water management, water use, or wetland resource permit, the permittee, in addition to satisfying the applicable provisions in Rule 40E-2.351, F.A.…

Rulemaking Authority 120.54(5), 373.439 FS. Law Implemented 120.54(5), 373.439 FS. History-New 9-3-81, Amended 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.54(5), 373.439 FS. Law Implemented 120.54(5), 373.439 FS. History-New 7-2-98, Amended 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) This rule applies to applications for environmental resource, surface water management, and water use permits for projects located in the Florida Keys Area of Critical State Concern when the applicant has elected coordinated agency review under Section 380.051, F.S. (2) The f…

Rulemaking Authority 218.075, 373.044, 373.113, 373.171, 373.4136, 373.416, 695.03, 704.06 FS. Law Implemented 218.075, 373.113, 373.4135, 373.4136, 373.416, 704.06 FS. History-New 9-3-81, Amended 12-1-82, 3-9-83, Formerly 16K-1.90, Amended 7-26-87, 11-21-89, 1-4-93, Formerly 40E…

The following guidelines apply to the District's Environmental Resource, Consumptive Use and Surface Water Management Permit enforcement programs: (1) Adverse impacts to water resources shall be recovered by requiring complete restoration. (2) In those cases where restoration of …

(1) Orders of Corrective Action. (a) An order of corrective action may accompany and be served with an administrative complaint upon an alleged violator pursuant to Rule 28-106.2015, F.A.C. An order of corrective action shall include a description of remedial action, with impleme…

(1) The District has the authority under Section 373.129, F.S. to assess civil penalties of up to $15,000 per day, per violation. (2) Because an economic advantage can be derived through avoidance of expenditures necessary to achieve compliance with District permitting rules and …

(1) Any person may file a written complaint with the District alleging that a person is in violation of any of the provisions of Chapter 373, F.S., or provisions of Chapter 403, F.S., for which authority has been delegated to the District, or the rules promulgated thereunder or a…

(1) A person who is a "lobbyist" as defined in Section 112.3215, F.S., may not lobby the South Florida Water Management District (the "District") until he or she has registered as a lobbyist with the District. Registration shall be made by completing, under oath, the "Lobbyist Re…

(1) All public meetings of the South Florida Water Management District are open to the public at all times and are authorized to be conducted, in whole or in part, via communications media technology. The Executive Director, or designee, shall determine the use and availability o…

The purpose of this chapter is to define the quantity, location and timing of waters reserved from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified waterbodies. Water reservations are implemented in the water use program pursu…

(1) Fakahatchee Estuary - The area within the Ten Thousand Islands region including the following river/bay systems, from west to east: Blackwater River/Blackwater Bay, Whitney River/Buttonwood Bay, Pumpkin River/Pumpkin Bay, Wood River, Little Wood River and Faka Union Canal/Fak…

(1) Applicants for consumptive use permits shall meet the requirements of this rule by providing reasonable assurances that Rule 40E-2.301, F.A.C., and Section 3.11 of the "Applicant's Handbook for Water Use Permit Applications within the South Florida Water Management District,"…

(1) Picayune Strand as defined in subsection 40E-10.021(2), F.A.C.: (a) Surface waters: 1. All surface water contained within the Picayune Strand are reserved from allocation (see Figure 1). 2. All surface water flowing into the Picayune Strand identified below is reserved from a…

North Fork of the St. Lucie River, as defined in subsection 40E-10.021(3), F.A.C.: Surface waters up to and including the mean monthly flow of 130 cubic feet per second flowing over the Gordy Road Structure from November 1st through May 31st; see Appendix 2, Figure 2-2; are reser…

(1) Nearshore Central Biscayne Bay as defined in subsection 40E-10.021(6), F.A.C.: All surface water contained within Nearshore Central Biscayne Bay is reserved from allocation (see Figure 3-1). (2) Surface water flowing into Nearshore Central Biscayne Bay as identified below is …

(1) Upper Chain of Lakes (a) Lakes Hart-Mary Jane Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(a), F.A.C.: 1. Surface Water: All surface water in Lakes Hart-Mary Jane (Figure 4-2A) up to the water reservation stages depicted in Figure 4-2B and listed in Table 4-…

Consumptive use permit applications are processed pursuant to Section 120.60, F.S., and Chapters 40E-1 and 28-106, F.A.C. Rulemaking Authority 120.54(5), 120.60 FS. Law Implemented 120.54(5), 120.60 FS. History-New 7-2-98, Amended 10-23-12.

(1) It is the policy of the District to control all water uses within its boundaries, pursuant to the provisions of Chapter 373, F.S. and Chapter 62-40 and Division 40E, F.A.C. (2) The rules in this chapter implement the comprehensive water use permit system contemplated in Chapt…