Florida Regulations 62-40.110: Declaration and Intent
Current as of: 2024 | Check for updates
|
Other versions
(1) The waters of the state are among its basic resources. Such waters should be managed to conserve and protect natural resources and scenic beauty and to realize the full beneficial use of the resource. Recognizing the importance of water to the state, the Legislature passed the Water Resources Act, Florida Statutes Chapter 373, and the Air and Water Pollution Control Act, Florida Statutes Chapter 403 Additionally, numerous goals and policies within the State Comprehensive Plan, Florida Statutes Chapter 187, address water resources and natural systems protection.
(2) This chapter is intended to provide water resource implementation goals, objectives, and guidance for the development and review of programs, rules, and plans relating to water resources, based on statutory policies and directives in Chapters 187, 373, and 403, F.S.
(3) These policies shall be construed as a whole and no individual policy shall be construed or applied in isolation from other policies. All constructions of this chapter shall give meaning to all parts of the rule when possible.
(4) This chapter, in and of itself, shall not constitute standards or criteria for decisions on individual permits. This chapter also does not constitute legislative authority to the Districts for the adoption of rules if such rules are not otherwise authorized by statute.
(5) A goal of this chapter is to coordinate the management of water and related land resources. Local governments shall consider the water resource implementation rule in the development of their comprehensive plans as required by Florida Statutes Chapter 163, and as required by Section 403.0891(3)(a), F.S. Special districts which manage water shall consider the water resource implementation rule in the development of their plans and programs. The Legislature has also expressed its intent, in Florida Statutes § 373.0395, that future growth and development planning reflect the limitations of available ground water and other water supplies.
(6) It is an objective of the State to protect the functions of entire ecological systems, as developed and defined in the programs, rules, and plans of the Department and water management districts.
(7) It is a goal of this chapter that sufficient water be available for all existing and future reasonable-beneficial uses and the natural systems, and that the adverse effects of competition for water supplies be avoided.
(8) The Department and the Districts shall take into account cumulative impacts on water resources and manage those resources in a manner to ensure their sustainability.
(9) Government services should be provided efficiently. Inefficiency resulting from duplication of permitting shall be eliminated where appropriate, including water supply, water quality and water quantity permitting functions.
(10) Public education, awareness, and participation shall be encouraged. The Department and Districts should assist educational institutions in the development of educational curricula and research programs which meet Florida’s present and future water management needs.
(11) This chapter does not repeal, amend or otherwise alter any rule now existing or later adopted by the Department or Districts. However, procedures are included in this chapter which provide for the review of Department and District plans, programs, and rules to assure consistency with the provisions of this chapter. The procedure for modification of District rules as requested by the Department shall be as prescribed in Florida Statutes § 373.114, and applicable provisions of this chapter.
(12) It is the intent of the Department, in cooperation with the Water Management Districts, to seek adequate sources of funding to supplement District ad valorem taxes to implement the provisions of this chapter.
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.046, 373.0831, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS., Ch. 2002-296, s. 38, Laws of Florida. History-New 5-5-81, Formerly 17-40.01, Amended 12-5-88, Formerly 17-40.001, Amended 8-14-90, 12-17-91, Formerly 17-40.110, Amended 7-20-95, 5-7-05.
Terms Used In Florida Regulations 62-40.110
- Statute: A law passed by a legislature.
(3) These policies shall be construed as a whole and no individual policy shall be construed or applied in isolation from other policies. All constructions of this chapter shall give meaning to all parts of the rule when possible.
(4) This chapter, in and of itself, shall not constitute standards or criteria for decisions on individual permits. This chapter also does not constitute legislative authority to the Districts for the adoption of rules if such rules are not otherwise authorized by statute.
(5) A goal of this chapter is to coordinate the management of water and related land resources. Local governments shall consider the water resource implementation rule in the development of their comprehensive plans as required by Florida Statutes Chapter 163, and as required by Section 403.0891(3)(a), F.S. Special districts which manage water shall consider the water resource implementation rule in the development of their plans and programs. The Legislature has also expressed its intent, in Florida Statutes § 373.0395, that future growth and development planning reflect the limitations of available ground water and other water supplies.
(6) It is an objective of the State to protect the functions of entire ecological systems, as developed and defined in the programs, rules, and plans of the Department and water management districts.
(7) It is a goal of this chapter that sufficient water be available for all existing and future reasonable-beneficial uses and the natural systems, and that the adverse effects of competition for water supplies be avoided.
(8) The Department and the Districts shall take into account cumulative impacts on water resources and manage those resources in a manner to ensure their sustainability.
(9) Government services should be provided efficiently. Inefficiency resulting from duplication of permitting shall be eliminated where appropriate, including water supply, water quality and water quantity permitting functions.
(10) Public education, awareness, and participation shall be encouraged. The Department and Districts should assist educational institutions in the development of educational curricula and research programs which meet Florida’s present and future water management needs.
(11) This chapter does not repeal, amend or otherwise alter any rule now existing or later adopted by the Department or Districts. However, procedures are included in this chapter which provide for the review of Department and District plans, programs, and rules to assure consistency with the provisions of this chapter. The procedure for modification of District rules as requested by the Department shall be as prescribed in Florida Statutes § 373.114, and applicable provisions of this chapter.
(12) It is the intent of the Department, in cooperation with the Water Management Districts, to seek adequate sources of funding to supplement District ad valorem taxes to implement the provisions of this chapter.
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.046, 373.0831, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS., Ch. 2002-296, s. 38, Laws of Florida. History-New 5-5-81, Formerly 17-40.01, Amended 12-5-88, Formerly 17-40.001, Amended 8-14-90, 12-17-91, Formerly 17-40.110, Amended 7-20-95, 5-7-05.