reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.664 - Suspension, Debarment, Revocation or Decertification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.569,
					 373.113 FS. Law Implemented
					 120.569,
					 120.57,
					 373.607
					 FS.
New 9-25-96, Amended 12-23-01, Repealed
					 2-17-03.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.6645 - Penalties for Fraudulent MBE Representation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.113 FS. Law Implemented
					 373.607
					 FS.
New 9-25-96, Amended 12-23-01, Repealed
					 2-17-05.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.665 - Application for Additional Areas of Certification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 373.113 FS. Law Implemented
					 120.53,
					 373.607
					 FS.
New 9-25-96, Amended 12-23-01, Repealed
					 2-17-05.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.667 - Administrative Hearings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 373.113 FS. Law Implemented
					 120.53,
					 373.607
					 FS.
New 9-25-96, Amended 12-23-01, Repealed
					 2-17-05.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.668 - Policy

Current through Reg. 50, No. 138; July 16, 2024
(1) The rules under this Small Business
				Enterprise Contracting Program (the "Program") establish policies and
				procedures designed to help small businesses, including those owned by women
				and minorities, to participate in the South Florida Water Management District's
				("District") procurement and contract activities.
(2) It is the purpose of the Program to spur
				economic development and support small businesses, including woman-owned and
				minority-owned businesses, to successfully expand in the marketplace.
(3) The District shall annually evaluate the
				progress of this Program and determine whether the specific provisions require
				any modification, expansion, and curtailment.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.1135
					 FS.
New 8-3-06, Amended
					 12-9-20.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.671 - District Implementation

Current through Reg. 50, No. 138; July 16, 2024
The District shall ensure all small businesses have the
				  maximum opportunity to participate in the District's contracting and
				  procurement processes. The following are examples of efforts to be taken by the
				  District:
(1) Establish a Small
				Business Enterprise program to implement the rules established under this
				Part.
(2) Identify all competitive
				contracting opportunities within the District budget for SBE
				participation.
(3) Analyze SBE
				availability to provide the products or services identified for contracting at
				either the prime contract or subcontract levels.
(4) Maintain a database of all
				SBEs.
(5) Monitor and maintain
				records of steps taken and results achieved to maximize SBE
				participation.
(6) Monitor the
				District's efforts to achieve SBE objectives.
(7) Provide training to District staff on the
				District's SBE Rule.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.1135
					 FS.
New 8-3-06, Amended
					 8-29-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.673 - Certification Eligibility - Small Business Enterprise

Current through Reg. 50, No. 138; July 16, 2024
District staff shall have the authority to accept, review,
				  approve, certify, decertify and deny applications for SBE Certification.
				  Applicants must be registered with the District as a vendor prior to submitting
				  an application for Certification.
(1)
				Applicants shall submit applications for SBE Certification using Form No. 1231,
				"SBE Certification Application", (
http://www.flrules.org/Gateway/reference.asp?No=Ref-12424
)
				effective August 3, 2006, which is incorporated by reference herein and is
				available at no cost by contacting the South Florida Water Management District
				Clerk's Office, South Florida Water Management District, 3301 Gun Club Road,
				West Palm Beach, FL 33406, (800)432-2045, ext. 6805, or
				(561)682-6805.
(2) To establish SBE
				eligibility, the Applicant shall:
(a) Provide
				documentation to demonstrate that the 3-year average gross receipts of the
				Applicant, together with its Affiliate Business, does not exceed $13 million
				for Construction, $5 million for Commodities, and $6 million for Services. In
				determining the gross receipts of the business and its Affiliate Business, the
				District shall consider the 3 federal tax returns filed by the Applicant for
				the 3 years immediately preceding application submittal. If 3 federal income
				tax returns have not been filed for the 3 years immediately preceding
				application submittal, then the Applicant must submit a financial statement for
				any of the 3 years immediately preceding the application in which the Applicant
				did not file a federal income tax return(s). The financial statement must be
				prepared by a Certified Public Accountant as defined by Section
				 473.301, F.S., not employed by
				the Applicant, but retained for the purpose of preparing financial statements
				for the Applicant. Applicants in business less than 1 year shall submit an
				opening balance sheet and income statement for the months in which it was in
				business. The opening balance sheet and income statement must be submitted on
				letterhead from the Applicant's Certified Public Accountant.
(b) The Applicant must demonstrate that the
				business is licensed as required by law to do business in the State of Florida
				if the business requires a license.
(c) An Applicant shall have only 1 business
				certified with the South Florida Water Management
				District.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.674 - Certification Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				receipt by the District, all applications for SBE Certification shall be
				screened to ensure appropriate signature and completeness. The application must
				be signed by the individual with the authority to bind the Applicant.
(2) Within 60 days following receipt of the
				application, the District will request that the Applicant furnish omitted items
				or additional information, if any. All requested information must be received
				by the District within 60 days from the date of the request or the Applicant
				will be deemed ineligible for Certification. Applicants may however,
				re-apply.
(3) Applicants determined
				eligible shall receive Certification as an SBE from District staff. Once
				certified, Applicant shall remain certified for a period of 3 years. If the
				Applicant does not adhere to the District's SBE Program they will be subject to
				decertification. The District retains the right to re-evaluate the
				Certification of any business at any time.
(4) Applicants determined ineligible shall
				receive notification from the District. Ineligible Applicants shall not submit
				a new application for 180 days after District
				notification.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.1135
					 FS.
New 8-3-06, Amended 8-29-07, 8-29-13,
					 12-9-20.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.675 - Recertification Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Applications for Recertification shall be submitted using Form No., 1232 "SBE
				Application for Recertification", effective August 3, 2006, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-12423
),
				which is incorporated by reference herein and is available at no cost by
				contacting the South Florida Water Management District Clerk's Office, South
				Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL
				33406, (800)432-2045, ext. 6805, or (561)682-6805.
(2) The District may notify SBEs no later
				than 60 days before the end of the Certification period that the SBE's
				Certification is about to expire. Regardless of notification, SBE is
				responsible to timely apply for Recertification. If the Recertification
				application document is no longer applicable because of changes to the
				Applicant SBE's business, the SBE shall notify the District in writing of the
				changes to its company before their exisiting certificate expires. The District
				shall determine if the company still complies with the Certification criteria
				set forth in Rule  40E-7.673, F.A.C.
				Recertification requests must be filed with the District no later than the last
				effective date of the current Certification period.
(3) Upon receipt, all Recertification
				requests shall be given an initial screening to ensure appropriate signature
				and completeness. Within 60 days following initial receipt of the Applicant's
				Recertification request, the District will request the applicant to furnish
				omitted or additional information. If the requested information or items are
				not received by the District within 60 days from the date of the request, the
				District will deny the application for Recertification.
(4) Recertification shall be granted when the
				Applicant has complied with recertifcation and review procedures and
				substantiates continued eligibility for SBE status.
(5) Applicants deemed eligible shall receive
				a Recertification letter. The Applicant shall remain certified for a period of
				3 years unless the SBE is decertified. The District retains the right to
				reevaluate the Certification of any SBE business at any time.
(6) Applicants determined ineligible for
				Recertification shall receive a letter citing which specific criteria of Rule
				 40E-7.673, F.A.C., that they
				failed to meet and advising that they shall not be eligible to submit new
				applications until 180 days after the date of the notice or the District's
				final agency order denying Recertification.
(7) If an application for Recertification is
				timely submitted, an SBE shall remain certified until the District has made a
				determination concerning eligibility.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.1135
					 FS.
New 8-3-06, Amended 8-29-13,
					 12-9-20.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.676 - Decertification

Current through Reg. 50, No. 138; July 16, 2024
The Decertification of an SBE shall occur when the District
				  determines that an SBE no longer complies with the District's Certification
				  criteria. The District will also Decertify an SBE if the District learns that
				  the SBE submitted false information in order to obtain SBE Certification. The
				  District may also decertify an SBE if the SBE materially breaches its contract
				  with the District as defined in subsection
				   40E-7.215(5),
				  F.A.C. Further, an SBE subcontractor will be decertified if it causes a Prime
				  Contractor to materially breach its contract with the District as defined in
				  subsection  40E-7.215(5),
				  F.A.C., including, but not limited to, performance delay.
(1) District staff shall inform the SBE in
				writing by certified mail, return receipt requested, of the facts or conduct
				which formed the basis for Decertification.
(2) The Decertification notice issued by the
				District shall contain:
(a) The statutory
				provisions(s) or rules(s) of the Florida Administrative Code which the District
				alleges that the SBE violated; and
(b) The specific facts or conduct relied upon
				to justify the Decertification; and,
(c) A statement that the firm has the right
				to file a request for an administrative hearing pursuant to Sections
				 120.569 and
				 120.57, F.S., within 21 days of
				receipt of the Decertification notice; and,
(d) A statement that the Decertification
				shall become conclusive and final agency action if no request for a hearing is
				filed with the District Clerk's office within 21 days from receipt of the
				Decertification notice.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.677 - Reciprocity

Current through Reg. 50, No. 138; July 16, 2024
Reciprocal Certification shall be granted to an Applicant
				  that is certified by another Florida government agency, provided that the
				  agency has a small business program, including those owned by women and
				  minorities. The Applicant shall provide the District with official
				  documentation from the other governmental agencies stating the Certification
				  and expiration dates. Once certified, Applicant shall remain certified with the
				  District for a period of 3 years. The District reserves the right to request
				  any additional documentation to verify or clarify the authentication of the
				  information provided.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.1135
					 FS.
New 8-3-06, Amended 8-29-13,
					 12-9-20.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.678 - Administrative Hearings

Current through Reg. 50, No. 138; July 16, 2024
If an Applicant believes it has been wrongly denied
				  Certification or Recertification, or that it has been inappropriately
				  Decertified as an SBE, it may file a request for hearing pursuant to Sections
				   120.569 and
				   120.57, F.S., by submitting a
				  petition in accordance with Chapter 28-106, F.A.C., within 21 days of receipt
				  of Notice of Denial of Certification or Recertification or Notice of
				  Decertification as a District SBE.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.1135
					 FS.
New 8-3-06, Amended
					 12-9-20.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-8 - MINIMUM FLOWS AND LEVELS › Part I - GENERAL › Section 40E-8.011 - Purpose and General Provisions

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				  purpose of this chapter is:
(a) To establish
				  minimum flows for specific surface watercourses and minimum water levels for
				  specific surface waters and specific aquifers within the South Florida Water
				  Management District, pursuant to Section
				   373.042, F.S.; and
(b) To establish the rule framework for
				  implementation of recovery and prevention strategies, developed pursuant to
				  Section  373.0421,
				  F.S.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-8 - MINIMUM FLOWS AND LEVELS › Part I - GENERAL › Section 40E-8.021 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The terms set forth herein shall have the meanings ascribed
					 to them, unless the context clearly indicates otherwise, and such meanings
					 shall apply throughout the rules contained in this chapter. The terms defined
					 in Rule  40E-8.021, F.A.C., shall apply
					 throughout the District's consumptive use permit rules. In the event of a
					 conflict or difference between the definitions contained in Rule
					  40E-8.021, F.A.C., and the
					 definitions set forth in other District rules, the definitions in this Rule
					  40E-8.021, F.A.C., shall control
					 for purposes of this chapter.
(1)
				  Biscayne Aquifer - means the highly permeable surficial strata (hydraulic
				  conductivities generally greater than 500 ft/day) that occur within Monroe,
				  Miami-Dade (excluding those portions of coastal Monroe and Miami-Dade counties
				  that discharge groundwater into Florida and Biscayne Bays), eastern Broward,
				  and portions of eastern Palm Beach counties.
(2) Caloosahatchee River - means the surface
				  waters that flow through the S-79 structure, combined with tributary
				  contributions below S-79 that collectively flow southwest to San Carlos
				  Bay.
(3) C&SF Project - means
				  the project for Central and Southern Florida authorized under the heading
				  'CENTRAL AND SOUTHERN FLORIDA' in section 203 of the Flood Control Act of 1948
				  (Chapter 771).
(4) CERP - means the
				  Comprehensive Everglades Restoration Plan contained in the 'Final Integrated
				  Feasibility Report and Programmatic Environmental Impact Statement', dated
				  April 1, 1999, as modified by the Water Resources Development Act of
				  2000.
(5) Certification or Certify
				  - means the formal determination by the District, through a validation process
				  consistent with state and federal law, of the total amount of water made
				  available by a project or project phase of a recovery or prevention strategy,
				  as appropriate, for natural systems and other uses.
(6) Direct Withdrawal means:
(a) A ground water withdrawal that causes a
				  water table drawdown greater than 0.1 feet, as determined using a model
				  accepted by the District, at any location beneath the MFL surface water body or
				  aquifer, up through a 1 in 10 year drought; or
(b) A surface water withdrawal from
				  facilities physically located within the boundaries of a MFL surface water
				  body.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-8 - MINIMUM FLOWS AND LEVELS › Part II - MFL CRITERIA FOR LOWER EAST COAST REGIONAL PLANNING AREA › Section 40E-8.221 - Minimum Flows and Levels (MFLs): Surface Waters

Current through Reg. 50, No. 138; July 16, 2024
The MFLs contained in this Part identify the point at which
					 further withdrawals would cause significant harm to the water resources, or
					 ecology, of the area as applicable, pursuant to Sections
					  373.042 and
					  373.0421, F.S. It is the
					 District's intent to correct or prevent the violation of these MFLs through
					 management of the water resources and implementation of a recovery
					 strategy.
(1) Lake Okeechobee. An MFL
				  violation occurs in Lake Okeechobee when an exceedance, as defined herein,
				  occurs more than once every six years. An "exceedance" is a decline below 11
				  feet NGVD for more than 80, non-consecutive or consecutive, days, during an
				  eighteen month period. The eighteen month period shall be initiated following
				  the first day Lake Okeechobee falls below 11 feet NGVD, and shall not include
				  more than one wet season, defined as May 31st through October 31st of any given
				  calendar year.
(2) Caloosahatchee
				  River. The MFL for the Caloosahatchee River is the 30-day moving average flow
				  of 457 cubic feet per second (cfs) at S-79.
(a) A MFL exceedance occurs during a 365-day
				  period when the 30-day moving average flow at S-79 is below 457 cfs.
(b) A MFL violation occurs when a MFL
				  exceedance occurs more than once in a 5-year period.
The flow, combined with tributary contributions below S-79,
					 shall be sufficient to maintain a salinity gradient that prevents significant
					 harm to mobile and immobile indicator species within the Caloosahatchee River.
					 If significant harm occurs once the Caloosahatchee MFL recovery strategy is
					 fully implemented and operational, the recovery strategy and MFL will be
					 reviewed in accordance with Rule
					  40E-8.421, F.A.C. Mobile and
					 immobile species shall be monitored as described in the recovery
					 strategy.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-8 - MINIMUM FLOWS AND LEVELS › Part II - MFL CRITERIA FOR LOWER EAST COAST REGIONAL PLANNING AREA › Section 40E-8.231 - Minimum Levels: Aquifers

Current through Reg. 50, No. 138; July 16, 2024
Biscayne Aquifer - The minimum level for the Biscayne
					 aquifer is the level that results in movement of the saltwater interface
					 landward to the extent that ground water quality at an established withdrawal
					 point is insufficient to serve as a water supply source. A MFL violation occurs
					 when water levels within the aquifer produce this degree of saltwater movement
					 at any point in time.
Rulemaking Authority
						373.044,
						373.113,
						373.171 FS. Law Implemented
						373.016,
						373.036,
						373.042,
						373.0421,
						373.709
						FS.
New 9-10-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-8 - MINIMUM FLOWS AND LEVELS › Part III - MFL CRITERIA FOR LOWER WEST COAST REGIONAL PLANNING AREA, MFL CRITERIA FOR KISSIMMEE BASIN REGIONAL PLANNING AREA, AND MFL CRITERIA FOR UPPER EAST COAST REGIONAL PLANNING AREA › Section 40E-8.321 - Minimum Flows and Levels (MFLs): Surface Waters

Current through Reg. 50, No. 138; July 16, 2024
The MFLs contained in this Part identify the point at which
					 further withdrawals would cause significant harm to the water resources or
					 ecology, of the area, as applicable, pursuant to Sections
					  373.042 and
					  373.0421, F.S. It is the
					 District's intent to correct or prevent the violation of these criteria through
					 management of the water resources.
Rulemaking Authority
						373.044,
						373.113,
						373.119,
						373.129,
						373.136,
						373.171 FS. Law Implemented
						 373.016,
						 373.036,
						 373.042,
						 373.0421,
						 373.175,
						 373.216,
						 373.219,
						 373.223,
						 373.246,
						 373.709 FS.
New 9-10-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-8 - MINIMUM FLOWS AND LEVELS › Part III - MFL CRITERIA FOR LOWER WEST COAST REGIONAL PLANNING AREA, MFL CRITERIA FOR KISSIMMEE BASIN REGIONAL PLANNING AREA, AND MFL CRITERIA FOR UPPER EAST COAST REGIONAL PLANNING AREA › Section 40E-8.331 - Minimum Levels: Aquifers

Current through Reg. 50, No. 138; July 16, 2024
The minimum levels for the lower Tamiami aquifer, the
					 Sandstone aquifer and the mid-Hawthorn aquifer shall equal the structural top
					 of the aquifer. A violation of this criteria occurs when the water levels drop
					 below the top of the uppermost geologic strata that comprises the aquifer, at
					 any point in time. Water level measurements that are made to monitor the
					 conditions of the aquifers for the purpose of this rule shall be located no
					 closer than 50 feet from any existing pumping well.
Rulemaking Authority
						373.044,
						373.113,
						373.171 FS. Law Implemented
						373.016,
						373.036,
						373.042,
						373.0421,
						373.709
						FS.
New 9-10-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-8 - MINIMUM FLOWS AND LEVELS › Part III - MFL CRITERIA FOR LOWER WEST COAST REGIONAL PLANNING AREA, MFL CRITERIA FOR KISSIMMEE BASIN REGIONAL PLANNING AREA, AND MFL CRITERIA FOR UPPER EAST COAST REGIONAL PLANNING AREA › Section 40E-8.341 - Minimum Flows and Levels (MFLs): Surface Waters for Upper East Coast Regional Planning Area

Current through Reg. 50, No. 138; July 16, 2024
St. Lucie Estuary - mean monthly flows to the St. Lucie
					 Estuary should not fall below 28cfs from the Gordy Road structure to the St.
					 Lucie River North Fork for two consecutive months during a 365-day period, for
					 two consecutive years.
Rulemaking Authority
						373.044,
						373.113,
						373.171 FS. Law Implemented
						373.016,
						373.036,
						373.042,
						373.0421,
						373.709
						FS.
New 11-11-02.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-8 - MINIMUM FLOWS AND LEVELS › Part III - MFL CRITERIA FOR LOWER WEST COAST REGIONAL PLANNING AREA, MFL CRITERIA FOR KISSIMMEE BASIN REGIONAL PLANNING AREA, AND MFL CRITERIA FOR UPPER EAST COAST REGIONAL PLANNING AREA › Section 40E-8.351 - Minimum Levels: Surface Waters for Kissimmee Basin Regional Planning Area

Current through Reg. 50, No. 138; July 16, 2024
Lake Istokpoga - An MFL violation occurs in Lake Istokpoga
					 when surface water levels fall below 36.5 feet NGVD for 20 or more weeks,
					 within a calendar year, more often than once every four
					 years.
Rulemaking Authority
						373.044,
						373.113,
						373.171 FS. Law Implemented
						373.016,
						373.036,
						373.042,
						373.0421,
						373.709
						FS.
New 1-19-06.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-8 - MINIMUM FLOWS AND LEVELS › Part IV - IMPLEMENTATION › Section 40E-8.431 - Consumptive Use Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Consumptive use
				  permit applications that propose to withdraw water directly or indirectly from
				  a MFL water body, that meet the conditions for permit issuance in Chapter 373,
				  Part II, F.S. (including implementing rules in this chapter, Chapter 40E-2,
				  F.A.C., and the "Applicant's Handbook for Water Use Permit Applications within
				  the South Florida Water Management District, " incorporated by reference in
				  Rule  40E-2.091, F.A.C., as
				  applicable), and are consistent with the approved recovery and prevention
				  strategies under Section
				   373.0421, F.S., will be
				  permitted. Consumptive use permit applications will be reviewed based on the
				  recovery and prevention strategy approved at the time of permit application
				  review.
(2) An existing permit will
				  not be subject to revocation or modification by the District, prior to permit
				  expiration, based on its impact on a MFL water body, unless the District has
				  determined in the regional water supply plan that the reasonable-beneficial use
				  served by the existing permitted allocation can otherwise be met from new or
				  alternative water sources available (in place and operational) concurrent with
				  such revocation or modification.
(3) A permittee must comply with the
				  requirements of Rule  40E-2.351, F.A.C., in order to
				  obtain a permit transfer to a new permittee.
Rulemaking Authority
						373.044,
						373.113,
						373.171 FS. Law Implemented
						373.016,
						373.036,
						373.042,
						373.0421,
						373.709
						FS.
New 9-10-01, Amended 7-14-14,
						9-7-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-8 - MINIMUM FLOWS AND LEVELS › Part IV - IMPLEMENTATION › Section 40E-8.441 - Water Shortage Plan Implementation

Current through Reg. 50, No. 138; July 16, 2024
(1) Water shortage restrictions will be
				  imposed as required by District rules on the direct or indirect withdrawals
				  from a MFL water body if a MFL exceedance occurs or is projected to occur
				  during climatic conditions more severe than a 1 in 10 year drought, to the
				  extent consumptive uses contribute to such exceedance. Under these
				  circumstances, the District will equitably distribute available supplies to
				  prevent serious harm to the water resources, pursuant to Sections
				   373.175 and
				   373.246, F.S., and the
				  District's Water Shortage Plan, Chapter 40E-21, F.A.C. The Water Shortage Plan
				  utilizes a phased cutback approach with the severity of use restrictions
				  increasing commensurate with increased potential for serious harm to the water
				  resources.
(2) Water shortage
				  restrictions will not be used in place of a component in an approved recovery
				  plan to provide hydrologic benefits that are ultimately to be provided by such
				  recovery strategy.
(3) MFL criteria
				  will not be utilized to trigger water shortage restrictions during climatic
				  conditions less severe than a 1 in 10 year level of drought.
(4) Water shortage restrictions will be
				  implemented considering the factors in Chapter 40E-21, F.A.C., and this rule.
				  In declaring a water shortage to protect a MFL water body, the governing board
				  shall give consideration to:
(a) The level of
				  drought;
(b) Whether the MFL
				  criteria will be or is being exceeded due to direct or indirect
				  withdrawals;
(c) The magnitude of
				  the impact on the MFL water body, including water resource functions addressed
				  by the MFL, from such withdrawals;
(d) The magnitude of the regional hydrologic
				  improvements projected to be derived from the proposed cutbacks;
(e) Water management actions significantly
				  contributing to the MFL exceedance; and
(f) The practicality of using other methods,
				  such as deliveries of water from the regional system, to reduce MFL
				  exceedances.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-9 - REAL PROPERTY ACQUISITION AND DISPOSAL › Section 40E-9.011 - Policy and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.056,
					 373.086,
					 373.089,
					 373.093,
					 373.096,
					 373.099,
					 373.139
					 FS.
New 9-3-81, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-9 - REAL PROPERTY ACQUISITION AND DISPOSAL › Section 40E-9.951 - Land Acquisition (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.056,
					 373.086(1),
					 373.139
					 FS.
New 9-3-81, Formerly 16K-6.01(2), (3), 16K-6.02(1),
					 Repealed 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-9 - REAL PROPERTY ACQUISITION AND DISPOSAL › Section 40E-9.953 - Relocations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044 FS. Law Implemented
					 373.044,
					 373.086(1)
					 FS.
New 9-3-81, Formerly 16K-6.03, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-9 - REAL PROPERTY ACQUISITION AND DISPOSAL › Section 40E-9.955 - Sale or Exchange of Surplus Lands (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.089
					 FS.
New 9-3-81, Formerly 16K-6.05, Amended 4-28-88, 2-2-89,
					 Repealed 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-9 - REAL PROPERTY ACQUISITION AND DISPOSAL › Section 40E-9.957 - Lease of Lands (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.093
					 FS.
New 9-3-81, Formerly 16K-6.06, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-9 - REAL PROPERTY ACQUISITION AND DISPOSAL › Section 40E-9.959 - Releases and Non-Use Commitments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.096
					 FS.
New 9-3-81, Formerly 16K-6.04, Amended 2-2-89, 3-3-91,
					 Repealed 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-9 - REAL PROPERTY ACQUISITION AND DISPOSAL › Section 40E-9.961 - Conveyances to Other Governmental Entities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.056(4)
					 FS.
New 9-3-81, Formerly 16K-6.02, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-9 - REAL PROPERTY ACQUISITION AND DISPOSAL › Section 40E-9.963 - Sale of Surplus Spoil Material (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.086(1),
					 373.103(6)
					 FS.
New 9-3-81, Formerly 16K-6.07, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-9 - REAL PROPERTY ACQUISITION AND DISPOSAL › Section 40E-9.965 - Fee Schedule

Current through Reg. 50, No. 138; July 16, 2024
The following schedule of non-refundable fees shall apply to
				  all applications made pursuant to this chapter:
Type of Application
Fee
(1) Sale of surplus lands
$1, 000.00
(2) Exchange of surplus land
$1, 000.00
(3) Leases
$1, 000.00
(4) Easements
$1, 000.00
(5) Releases and non-use commitments
(a) Releases
1. Canal reservations
$250.00
2. Road reservations
$250.00
3. Mineral reservations
$250.00
4. Multiple releases combined into one
							 instrument
$250.00
(b) Non-use commitments
1. Residential (single sites).
$250.00
2. Commercial, industrial, residential, and
							 governmental development plus $25.00 for each acre or fraction thereof over
							 one.
$250.00
(6) Miscellaneous
(a) Approval of release of TIITF or State School
							 Board reservations
$250.00
(b) Quitclaim deeds
$200.00
(c) Reissue or corrective deed
$150.00
(d) Disclaimers
$200.00
Rulemaking Authority
					 373.044,
					 373.088,
					 373.113 FS. Law Implemented
					 373.088
					 FS.
New 9-3-81, Amended 4-28-88,
					 3-3-91.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-10 - WATER RESERVATIONS › Section 40E-10.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
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 pursuant to Chapter 40E-2, F.A.C.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.016,
					 373.026,
					 373.036,
					 373.1501,
					 373.1502,
					 373.219,
					 373.223,
					 373.4592,
					 373.4595,
					 373.470
					 FS.
New 7-2-09, Amended
					 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-10 - WATER RESERVATIONS › Section 40E-10.031 - Water Reservations Implementation

Current through Reg. 50, No. 138; July 16, 2024
(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, " incorporated by reference in Rules
				 40E-2.091, F.A.C., are
				met.
(2) Water reserved for the
				protection of fish and wildlife contained within the Picayune Strand and
				Fakahatchee Estuary is defined in subsections
				 40E-10.041(1) 
				-(2), F.A.C.
(3) Water reserved for
				the protection of fish and wildlife contained within the North Fork of the St.
				Lucie River is defined in subsection
				 40E-10.051(1),
				F.A.C.
(4) Water reserved for the
				protection of fish and wildlife contained within Nearshore Central Biscayne Bay
				is defined in subsections
				 40E-10.061(1) 
				-(2), F.A.C.
(5) Water reserved for
				the protection of fish and wildlife contained within and released, via
				operation, from the Caloosahatchee River (C-43) west Basin Storage Reservoir is
				defined in subsection
				 40E-10.041(3),
				F.A.C.
(6) Water reserved for the
				protection of fish and wildlife released via operation from the EAA Reservoir
				is defined in paragraph
				 40E-10.061(3)(a),
				F.A.C.
(7) Water reserved for the
				protection of fish and wildlife contained within the Upper Chain of Lakes,
				Headwaters Revitalization Lakes, Kissimmee River, and Contributing Waterbodies
				is defined in Subsections
				 40E-10.071(1) 
				-(3), F.A.C. These water reservation rules do not adjudicate property rights or
				dictate the operation of the Central & Southern Florida Flood Control
				Project (C&SF Project).
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.016,
					 373.026,
					 373.036,
					 373.1501,
					 373.1502,
					 373.219,
					 373.223,
					 373.4592,
					 373.4595,
					 373.470
					 FS.
New 7-2-09, Amended 3-18-10, 7-21-13, 7-14-14, 7-16-14,
					 1-31-21, 3-10-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-10 - WATER RESERVATIONS › Section 40E-10.041 - Water Reservation Areas: Lower West Coast Planning Area

Current through Reg. 50, No. 138; July 16, 2024
(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 allocation:
(I) The surface water flows depicted on
				Figures 1-4.A, B, and C, simulated at weir 'Miller2' within the Miller Canal
				(see Figure 1-2);
(II) The surface
				water flows depicted on Figures 1-5.A, B, and C, simulated at weir 'FU3' within
				the Faka Union Canal (see Figure 1-2); and
(III) The surface water flows depicted on
				Figures 1-6.A, B, and C simulated at spillway 'Lucky LA' within the Merritt
				Canal (see Figure 1-2).
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-10 - WATER RESERVATIONS › Section 40E-10.051 - Water Reservation Areas: Upper East Coast Planning Area

Current through Reg. 50, No. 138; July 16, 2024
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 reserved from allocation.
				  The water reserved under this rule will be available for fish and wildlife upon
				  formal determination of the Governing Board, pursuant to state and federal law,
				  that any one or all of the Comprehensive Everglades Restoration Plan's
				  C-23/C-24 North and South Reservoirs and STA Project are operational.
				  Reservations contained in this rule and the criteria contained in section
				  3.11.2 of the "Applicant's Handbook for Water Use Permit Applications within
				  the South Florida Water Management District, " incorporated by reference in
				  Rule  40E-2.091, F.A.C., shall be
				  revised pursuant to Section
				   373.223(4),
				  F.S., in light of changed conditions or new information and concurrent with the
				  approval specified, above.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.016,
					 373.026,
					 373.036,
					 373.1501,
					 373.1502,
					 373.219,
					 373.223,
					 373.4592,
					 373.4595,
					 373.470
					 FS.
New 3-18-10, Amended 7-21-13, 7-14-14, 3-15-17. Editor's
					 Note: Please see the Word document for Chapter 40E-10, F.A.C., for the
					 inclusion of the appendices referenced in the above rule
					 text.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-10 - WATER RESERVATIONS › Section 40E-10.061 - Water Reservation Areas: Lower East Coast Planning Area

Current through Reg. 50, No. 138; July 16, 2024
(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 reserved from allocation:
(a) Surface water flows depicted on Figures
				3-2.A and 3-2.B through S-123 derived from the following contributing canal
				reaches:
1. The C-100A canal upstream of S-123
				to S-120 including all integrated conveyance canals.
2. The C-100C canal upstream of S-123 to
				S-119 including all integrated conveyance canals.
3. The C-100B canal upstream of S-123 to
				S-122 including all integrated conveyance canals.
4. The C-100 canal upstream of S-123 to S-118
				including all integrated conveyance canals.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-10 - WATER RESERVATIONS › Section 40E-10.071 - Water Reservation Areas: Upper and Lower Kissimmee Basin Planning Areas

Current through Reg. 50, No. 138; July 16, 2024
(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 4-2 is reserved from additional
				allocations.
2. Groundwater:
				Surficial aquifer system groundwater contributing to Lakes Hart-Mary Jane that
				is required for the protection of fish and wildlife is reserved from allocation
				in accordance with Subsection 3.11.5 of the Applicant's Handbook, incorporated
				by reference in Rule  40E-2.091, F.A.C., effective
				March 21, 2021.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.010 - Review of General Water Use Permit Applications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54(5),
					 120.60 FS. Law Implemented
					 120.54(5),
					 120.60
					 FS.
New 7-2-98, Amended 8-14-02, 10-23-12, Repealed
					 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.011 - Policy and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.083,
					 373.113,
					 373.118 FS. Law Implemented
					  373.042,
					  373.0421,
					  373.083,
					  373.103(4),
					  373.118,
					  373.219 FS.
New 9-3-81, Formerly 16K-2.032(4), 16K-3.031(4), Amended
					 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 8-31-03, 4-23-07,
					 2-13-08, Repealed 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.061 - Delegation of Authority Pertaining to General Water Use Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118
					 FS.
New 8-14-02, Amended 10-23-12, Repealed
					 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.091 - Publications Incorporated by Reference (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118,
					 373.171 FS. Law Implemented
					  373.042,
					  373.0421,
					  373.103(4),
					  373.118,
					  373.171,
					  373.223,
					  373.229 FS.
New 8-14-02, Amended 8-31-03, 4-23-07, 9-13-07, 2-13-08,
					 10-14-08, 7-2-09, 3-15-10, 3-18-10, 9-26-12, 10-23-12, Repealed
					 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.101 - Content of General Water Use Permit Applications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.103(1),
					 373.219,
					 373.223,
					 373.229
					 FS.
New 8-14-02, Amended 8-31-03 (2), 8-31-03 (3), 10-23-12,
					 Repealed 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.141 - Request for Additional Information (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 120.60(2),
					 373.219
					 FS.
New 9-3-81, Amended 4-20-94, 7-2-98, 8-14-02, Repealed by
					 Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.301 - Conditions for Issuance of General Water Use Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.036,
					 373.042,
					 373.103(4),
					 373.1501,
					 373.1502,
					 373.223,
					 373.229,
					 373.2295,
					 373.470
					 FS.
New 8-14-02, Amended 8-31-03, 4-23-07, 2-13-08, 7-2-09,
					 9-26-12, 10-23-12, Repealed 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.302 - Types of General Water Use Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.042,
					 373.0421,
					 373.103(4),
					 373.118,
					 373.219,
					 373.223
					 FS.
New 9-3-81, Amended 12-1-82, Formerly 16K-2.031(1),
					 16K-2.032(1)(b), Amended 2-24-85, 3-29-87, 7-26-87, 4-20-94, 7-11-96, 4-9-97,
					 12-10-97, 11-4-01, 8-14-02, 8-31-03, 4-23-07, 2-13-08, 7-2-09, Repealed
					 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.321 - Duration of General Water Use Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.118,
					 373.236
					 FS.
New 9-3-81, Formerly 16K-2.031(2)(j), 16K-2.032(2)(d),
					 Amended 7-26-87, 4-20-94, 8-14-02, 8-31-03, 4-23-07, 2-13-08, 10-23-12,
					 Repealed 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.331 - Modification of General Water Use Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					 373.216 FS. Law Implemented
					  373.223,
					  373.229,
					  373.239 FS.
New 4-20-94, Amended 7-11-96, 4-9-97, 12-10-97, 8-14-02,
					 8-31-03, 4-23-07, 2-13-08, 7-2-09, 3-15-10, Repealed
					 7-14-14.