Rule Review Process under Rule 17-40.10, F.A.C.
1. Informal review of water management district (WMD) rules
commenced by DER to check for consistency with Ch. 17-40, F.A.C.
2. Conferences with representatives of each WMD shall be scheduled
as required to obtain any necessary clarification or interpre-
tation of existing rules.
3. If necessary, requests for declaratory statements may be posed
to WMD's by DER, pursuant to Section 120.565, Fla. Stat.
4. Propriety of initiating rule making to modify, repeal, or add
rules may be suggested by DER upon conclusion of review of rules.
5. Notice of intent to request rulemaking shall be provided by DER
at least 60 days before making such a request.
6. If necessary, DER may request a WMD to commence rulemaking to
consider changes determined by DER to be necessary to assure
consistency with Ch. 17-40, F.A.C.
"7. Upon conclusion of rulemaking proceeding any remaining matters
of disagreement shall be referred to the Land and Water Adjudi-
catory Commission, pursuant to Section 373.114, Fla. Stat.
8. When consistency has been determined, DER shall furnish letter
confirming that review has occurred and that consistency exists.