6137886, 62-113.200 - Florida Administrative Rules, Law, Code, Register

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Notice: 6137886

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

DELEGATIONS

Overview

RULE:

62-113.200

Delegation of Authority by Secretary

PURPOSE:

Rule 62-113.200, F.A.C., is amended to delegate to the Northwest Florida, St. Johns River, Suwannee River, Southwest Florida, and South Florida Water Management Districts (Districts), and Broward County the authority granted to the Department under Sections 373.109(1)(a) through (d), (2), and (5), F.S., as amended by Section 18 of Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida, to charge certain minimum and new fees for activities regulated under Part IV of Chapter 373, F.S., and to adjust all fees under Part IV of Chapter 373, F.S., as necessary to reflect, at a minimum, upward adjustments in the Consumer Price Index or similar inflation indicator as adopted by rule. The Department is vested with the authority for this delegation under Sections 373.026(7), 373.103, and 403.805, F.S.

SUMMARY:

Sections 373.109(1)(b) through (d), F.S., as amended by Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida, required the Department to charge, effective July 1, 2008, a $250 minimum fee for ERP noticed general permits and individual permits; a new $100 minimum fee, not to exceed $500 if later adopted by rule, to verify qualification for an exemption; and a new $100 minimum fee, not to exceed $500 if later adopted by rule, to conduct an informal wetland boundary determination. Section 373.109(1)(a), F.S., also requires the Department to review all of its ERP application and notice fees, and to initiate rulemaking no later than December 1, 2008, to increase each application fee authorized under Part IV of Chapter 373, F.S., to ensure that such fees reflect, at a minimum, an upward adjustment in the Consumer Price Index compiled by the United States Department of Labor, or similar inflation indicator, since the original fee was established or more recently revised, and to adopt the inflation indicator by rule. Section 373.109(2), F.S., further requires the Department to review the fees authorized under Part IV of Chapter 373, F.S., at least once every five years and adjust those fees as necessary to reflect upward adjustments in the inflation index.
Rather than the Department undertaking this rulemaking for regulated activities that seek permits or other determinations from the Districts or delegated local governments under Part IV of Chapter 373, the Department proposes to delegate this authority to these entities. Sections 373.016(5), 373.103, and 403.805, F.S., provide, among other things, the authority for the Secretary to delegate to the Districts and delegated local governments the authority to adopt and adjust their fees. This delegation will provide the Districts and Broward County (the only local government delegated at this time to implement the environmental resource permit program) the authority to amend their fees adopted by rule under Part IV of Chapter 373, F.S., to charge the minimum (except the minimum fee of $100 to verify an exemption under Part IV, Chapter 373 which was effective on July 1, 2008, for all entities regulating under Part IV) and new fees, and to adjust their permit fees to reflect changes in the Consumer Price Index, in accordance with Sections 373.109(1)(a) through (d), (2) and (5), F.S.
The Department is amending Chapters 62-4 and 62-346, F.A.C., in separate rulemaking to revise its fees under Part IV of Chapter 373, F.S., as required by Sections 373.109(1) through (5), F.S., as amended by Section 18 of Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida.

RULEMAKING AUTHORITY:

110.201, 120.53(1)(a), 373.046, 373.103, 373.109, 373.309, 376.303, 403.061, 403.1815, 403.1823, 403.1832, 403.1838, 403.704, 403.805 FS., Chapter 2008-150, Laws of Florida.

LAW:

110.227, 120.53(1)(a), 373.016(5), 373.046, 373.103, 373.109, 373.308, 373.309, 373.4135, 403.088, 403.1821 through 403.1838, 403.805 FS., Chapter 2008-150, Laws of Florida.

PRINT PUBLISH DATE:

9/19/2008 Vol. 34/38

COMMENTS:

From 9/19/2008 To 10/10/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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