Title: Rule 40D-2.301, FAC and need for renumbering required
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Permanent Link: http://ufdc.ufl.edu/UF00052736/00001
 Material Information
Title: Rule 40D-2.301, FAC and need for renumbering required
Alternate Title: Letter from L. M. Blain to Zane H. Leeper, Legislative Analyst, Joint Administrative Procedure Committee re: Rule 40D-2.301, FAC and need for renumbering required
Physical Description: 2p.
Language: English
Publication Date: December 22, 1980
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052736
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


,k LAW OFFICES *am
BI:N & CONE, P. A.

L.M. BLAIN December 22, 1980 202 MADISON STREET
THOMAS E. CONE, JR. P. O. BOX 399
RUSSELL M. BLAIN TAMPA, FLORIDA 33601
GARY A. GIBBONS (813) 223-3888
FRED A. McCORMACK
206 SOUTH MONROE STREET
P. O. BOX 10449
TALLAHASSEE. FLORIDA 32301
(904) 222-0960

Zane H. Leeper, Esquire
Legislative Analyst REPLY TO: Tampa
Joint Administrative
Procedure Committee
120 Holland Building
Tallahassee, Florida 32304

Re: Rule 40D-2.301, FAC

Dear Zane:

This letter will confirm conversations on December 17, 1980,
between you and Liz Cloud on your end, and Russ Blain and
Jay Ahern on our end, regarding the text to be published in
the current Florida Administrative Code amendments for Rules
16J-2.11 and 40D-2.301.

The understanding reached during those conversations was that
Rule 40D-2.301 will be published as filed on April 7, 1981,
with the Department of State, with subsections (3) [the so-
called "water crop rule"] and (11) ["Statement of Policy
Relating to Water Crop"] deleted and the remaining subsections
(4) through (10) renumbered accordingly as subsections (3)
through (9).

We further understand that no rules will be published under
Title 16J.

The basis for this understanding is as follows: The recodified
rules, including Rule 40D-2.301, as renumbered from Title 16 to
Title 40, were filed with the Department of State on April 7,
1980. At the time of filing, subsection (3) of Rule 16J-2.11,
renumbered as 40D-2.301(3), was the subject of an administrative
proceeding pending before the Division of Administrative Hear-
ings. For this reason, the Department of State rejected sub-
section (3) of Rule 40D-2.301, and that subsection has not been
refiled with the Department of State.

Subsection (11) of Rule 40D-2.301 as filed on April 7, 1980,
containing the statement of policy relating to Rule 40D-2.301(3),
could also be deemed to have been rejected by the Department of
State. The resulting Rule 40D-2.301, as it should be published,
contains subsections (1) and (2) as submitted, and subsections
(4) through (10) as submitted but renumbered as subsections (3)
through (9).





Zane H. Leeper, 'quire
December 22, 198,
Page Two


For your information at the next time of amendment of the FAC,
we are.filing with the Department of State new subsections (6)
and (7) of Rule 40D-2.301. Addition of these subsections will
call for the renumbering of subsections (6) through (9) as sub-
sections (8) through (11).

Please call us if you have any questions about this rule.

Since rel



L. M. Bllin
LMB/RMB/mb
cc: Ms. Liz Cloud
Jay T. Ahern, Esquire
Donald R. Feaster, P.E.




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