Title: 1985 Fla. Stat. Sec. 373.114 Land and Water Adjudicatory Commission, review of district rules and orders, department review of district rules. 1p.
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Permanent Link: http://ufdc.ufl.edu/UF00052196/00001
 Material Information
Title: 1985 Fla. Stat. Sec. 373.114 Land and Water Adjudicatory Commission, review of district rules and orders, department review of district rules. 1p.
Physical Description: Book
Spatial Coverage: North America -- United States of America -- Florida
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052196
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


373.114 Land and Water Adjudicatory Commis- (c) An order of the department requiring amend-
sion; review of district rules and orders; department re- ment or repeal of a rule may be appealed to the Land
view of district rules.- and Water Adjudicatory Commission by the water man-
(1) Except as provided in subsection (2), the Gover- agement district or any other party to the proceeding
nor and Cabinet, sitting as the Land and Water Adjudi- before the secretary.
catory Commission, have the exclusive authority to re- History.-s 11, ch 75-22, s 72, ch 83-310
view any order or rule of a water management district, 373.116 Procedure orwater use and impou
other than a rule relating to an internal procedure of the 373.116 otructoer for a at n impoundment
district, to ensure consistency with the provisions and (1) Applications for wapplicater use permits, unde.-
purposes of this chapter. (1) Applications for water use permits, under part II
purpo(a) Such review may be initiated by the department of this chapter; for permits for construction or alteration
(a) Such review may be initiated by the department of dams, impoundments, reservoirs, and appurtenant
or by a party to the proceeding by filing a request for re-works, under part IV of this chapter and for pertn
view with the Land and Water Adjudicatory Commission der s. 403812 shall be filed with the water management
and serving a copy on the department and on any per- district on appropriate forms provided by the governing
son named in the rule or order within 20 days after adop- board.
tion of the rule or the rendering of the order; however, (2) Upon receipt of an application for a permit of the
when the rule or order to be reviewed has statewide or type referred to in subsection (1) the governing board
regional significance, as determined by the Land and shall cause a notice thereof to be published in a newspa-
Water Adjudicatory Commission within 60 days after re- per having general circulation within the affected area.
ceipt of a request for review, the commission may ac- In addition, the governing board shall send, by regular
cept a request for review from any affected person with- mail, a copy of such notTce to any person who has filed
in 30 days after adoption of the rule or the rendering of a written request for notification of any pending applica-
the order. tions affecting this particular designated area.
(b) Review by the Land and Water Adjudicatory History.-s 21, part I, ch 72-299 s. 14, ch. 78-95; s 73, ch. 83-310
Commission is appellate in nature and shall be based on
the record below. The matter shall be heard by the com- 373.117 Certification by professional engineer.-
mission not more than 60 days after receipt of the re- (1) If an application for a permit or license to conduct
quest for review or the determination by the commission an activity regulated under this chapter requires the ser-
that the rule or order has statewide or regional signifi- vices of a professional engineer as regulated and de-
cance, whichever is later. fined by chapter 471, the department or governing
(c) If the Land and Water Adjudicatory Commission board of a water management district may require, as
determines that a rule or order is not consistent with the a condition of granting a permit or license, that a profes-
provisions and purposes of this chapter, it may, in the sional engineer licensed under chapter 471 certify upon
case of a rule, require the water management district to completion of the permitted or licensed activity that
initiate rulemaking proceedings to amend or repeal the such activity has been completed in substantial con-
rule or, in the case of an order, rescind or modify the or- formance with the plans and specifications approved by
der or remand the proceeding to the water management the department or board.
district for further action consistent with the order of the (2) The cost of such certification by a professional
Land and Water Adjudicatory Commission. engineer shall be borne by the permitted.
(d) A request for review under this section shall not (3) No permitted or licensed activity which is re-
be a precondition to the seeking of judicial review pursu- quired to be so certified shall be placed into use or oper-
ant to s. 120.68 or the seeking of an administrative deter- ation until the professional engineer's certificate is filed
mination of rule validity pursuant to s. 120.56. with the department or board.
(2) The department shall have the exclusive authori-., c
ty to review rules of the water management districts, 373.118 General permits.-
other than rules relating to internal management of the (1) The governing board may adopt rules establish-
districts, to ensure consistency with the state water poli- ing a general permit system under this chapter for proj-
cy as set forth in the rules of the department. Within 30 ects, or categories of projects, which have, either singly
days after adoption or revision of any water manage- or cumulatively, a minimal adverse impact on the water
ment district rule, the department shall initiate a review resources of the district. Such rules shall specify design
of such rule pursuant to this section. or performance criteria which, if applied, would result in
(a) Within 30 days after adoption of a rule, any af- compliance with the conditions for issuance of permits
fected person may request that a hearing be held before established in this chapter and district rules.
the secretary of the department, at which hearing evi- (2) A general permit system relating to water use
dence and argument may be presented relating to the may provide for the granting of permits for the use of wa-
consistency of the rule with state water policy, by filing ter in specified amounts within identified areas of the
a request for hearing with the department and serving district. General permits for water use shall be subject
a copy on the water management district, to all the provisions of part II except the provisions of s.
(b) If the department determines that the rule is in- 373.229.
consistent with the state water policy, it may order the (3) In lieu of the publication of notice requirements
water management district to initiate rulemaking pro- of ss. 373.116, 373.229, and 373.413, the governing
ceedings to amend or repeal the rule. board may establish alternative notice requirements for

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