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NOTICE OF INTENT TO ADOPT RULES OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT Rules 40E-7.511 and 40E-7.539, F.A.C. SUMMARY: During the 2025 legislative session, the Florida Legislature passed Senate Bill 108 (SB 108), which created section 120.5435, Florida Statutes (F.S.), and amended section 120.74, F.S. As part of the new requirements under SB 108, each agency, in coordination with the Joint Administrative Procedures Committee (JAPC), must review all of its existing rules by July 1, 2030. To comply with these requirements, the South Florida Water Management District's ("District") 2025-2026 Regulatory Plan included substantive changes to Rules 40E7.511 and 40E-7.539 to ensure congruity with statutory authority by deleting language that paraphrases statutory provisions, deleting a statutory reference that is obsolete, and correcting a typographical error in rulemaking authority. The District is proposing the following three amendments: 1) delete subsection 373.59(11), F.S. referenced in Rule 40E-7.511, F.A.C.; 2) delete subsection 40E-7.511(2), F.A.C., because the language paraphrases subsection 373.1395(2), F.S., and remove the number (1) from the first paragraph; and 3) delete subsection 40E-7.539(1), F.A.C., because the language paraphrases section 373.609, F.S., and renumber paragraphs (2) and (3) as paragraphs (1) and (2). The District is also proposing to correct a typographical error in the rulemaking authority for Rule 40E-7.511 to reflect that section 279.101, F.S. should be section 259.101, F.S. On June 11, 2026, the SFWMD's Governing Board adopted the proposed rule and authorized SFWMD staff to publish a Notice of Proposed Rule. Any affected person may request a public hearing on the rules within 21 days of the date the Notice of Proposed Rule is published in the Florida Administrative Register. If no request for a public hearing is timely received and no material changes are made to the proposed rules, the SFWMD will proceed with filing the proposed rules for adoption with the Department of State. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The SFWMD has determined that the proposed rules will not have an adverse impact on small businesses and is not likely to increase, directly or indirectly, regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. The District has not prepared a Statement of Estimated Regulatory Costs (SERC). The District has determined that the proposed rule is not expected to require legislative ratification. The Notice of Proposed Rule may be obtained on the Department of State's website at http://www.flrules.org, where you may subscribe to receive copies of further notices for this or other rule chapters or types of notices of interest. For more information, contact: Maricruz R. Fincher, General Counsel, mfincher@sfwmd.gov or (561) 82-6457. IPL0356367 Jul 16 2026
Post Date: 07/16 12:00 AM
Refcode: #IPL0356367 
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