Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.: RULE TITLE:
62-343.010: Policy and Purpose
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Repeal the “Policy and Purpose” section of Chapter 62-343, F.A.C., Environmental Resource Permit Procedures, that is no longer necessary. This rule informs readers of its relationship to other rule chapters, including advising applicants that fees required by the rule are located in Chapter 62-4, F.A.C. While this rule is helpful to the public, it is not critical that it remain. It does not impose any regulatory requirements or costs. Most of its useful text is already contained in Rule 62-343.020, F.A.C., and is therefore duplicative of that rule.
OTHER RULES INCORPORATING THIS RULE: There are no other chapters or rules that incorporate Rule 62-343.010, F.A.C.
EFFECT ON THOSE OTHER RULES: This rule is not incorporated by other chapters or rules; therefore, there will be no effect on other rules.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule is not required by statute and is being repealed to reduce unnecessary regulatory costs.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.026(7), 373.043, 373.118 FS.
LAW IMPLEMENTED: 373.413, 373.414, 373.416, 373.421, 373.426 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 13, 2012, 3:30 p.m., ET
PLACE: Room 609, Bob Martinez Building, 2600 Blair Stone Road, Tallahassee, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 hours before the workshop/meeting by contacting: Mary VanTassel at (850)245-8486. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8486 or e-mail: Mary.VanTassel@dep.state.fl.us. (OGC No. 11-1065)

THE FULL TEXT OF THE PROPOSED RULE IS:

62-343.010 Policy and Purpose.

Rulemaking Specific Authority 373.026(7), 373.043, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.421, 373.426 FS. History–New 7-4-95, Repealed_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson, Director, Division of Water Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011