6431214, 40C-1.603 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6431214

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ORGANIZATION AND PROCEDURE

Overview

RULE:

40C-1.603

Permit Fees

PURPOSE:

The purposes and effects of the proposed rule development are to: (1) adopt and charge the minimum fee of $250 for all noticed general environmental resource permits contained in Chapter 40C-400, F.A.C., as set forth in Section 373.109(1)(b) F.S.; (2) adopt and charge the minimum fee of $100 for District verification that an activity is exempt from regulation under part IV of chapter 373, F.S., or Section 403.813, F.S., as set forth in Section 373.109(1)(c), F.S.; (3) adopt and charge the minimum fee of $100 for the District conducting an informal wetland boundary determination, as set forth in Section 373.109(1)(d), F.S.; (4) increase each application fee authorized under Part IV of Chapter 373, F.S., such that each fee reflects the upward adjustment in the Consumer Price Index compiled by the United States Department of Labor since the original fee was established or most recently revised, as set forth in Section 373.109(1)(a), F.S.; (5) establish by rule the inflation index to be used for this purpose (the Consumer Price Index for All Urban Consumers (CPI-U), compiled by the United States Department of Labor), as set forth in Section 373.109(1)(a), F.S.; and (6) clarify that the application fees for propriety authorization to use State-owned lands under Chapters 253 and 258, F.S., are provided in Chapter 18-21, F.A.C.
This rulemaking implements the recent statutory amendments to Section 373.109, F.S., enacted pursuant to Section 18 of Senate Bill 1294 (2008), (Chapter 2008-150, Laws of Florida). Subsequent to the enactment of these statutory amendments, the Florida Department of Environmental Protection delegated its authority to implement the statutory amendment to the water management districts. These statutory amendments require the following increases in permit application fees and the following new fees under the Environment Resource Permit program of Part IV, Chapter 373, F.S,: a $250 minimum fee for noticed general environmental resource permits; a new  $100 minimum fee, not to exceed $500 if later adopted by rule, to verify qualification for an exemption from regulation; 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 District to review all of its environmental resource permit (ERP) 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 establish by rule the inflation indicator to be used.

SUBJECT:

The proposed rule amendments would: (1) increase the fee for all noticed general environmental resource permits to $250; (2) create a $100 fee for District verification that an activity is exempt from regulation; (3) create a $100 fee for an informal wetland boundary determination; (4) increase each application fee authorized under Part IV of Chapter 373, F.S., based on a Consumer Price Index, (5) establish the Consumer Price Index used for calculating those fees increases; and (6) clarify that the application fee for proprietary authorization to use State-owned lands under Chapters 253 and 258, F.S., are provided in Chapter 18-21, F.A.C.

RULEMAKING AUTHORITY:

373.044, 373.109, 373.113, 373.421(2) FS.

LAW:

373.109, 373.421(2) FS.

PRINT PUBLISH DATE:

11/21/2008 Vol. 34/47

RELATED STATUTES
AND LAWS:

373.044, 373.109, 373.113, 373.421(2) FS., 373.109, 373.421(2) FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=40C-1.603&PDate=11/21/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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