Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.: RULE TITLE:
62-17.011: General
62-17.031: Prohibitions, Exceptions, and Applicability
62-17.081: Supplementary Information - Cost Responsibility, Determination of Completeness of Application
62-17.093: Preliminary Statements of Issues
62-17.137: Proprietary Interest in State-Owned Lands
62-17.143: Recommended Orders, Exceptions
62-17.221: Revocation or Suspension of Certification
62-17.231: Supplemental Applications
62-17.510: General
62-17.610: Proprietary Interest in State-owned Lands
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: These rules are being repealed because they are unnecessary to the program or because they substantially restate the statute.
OTHER RULES INCORPORATING THIS RULE: No other rules are known to incorporate these rules.
EFFECT ON THOSE OTHER RULES: NA
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.
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: 403.504(1), (2), (6), (9), 403.517(1)(a), 403.5063(2), 403.523(1) FS.
LAW IMPLEMENTED: 403.504, 403.506, 403.5063(2), 403.507(1)-(4), 403.5055, 403.508(3), (7)(d), (8), 403.509, 403.0872, 403.0885, 403.511(7), 403.512, 403.517, 403.5175, 403.521, 403.531(3)(b), 403.523(10) 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 11, 2012, 9:00 a.m.
PLACE: Marjory Stoneman Douglas Building, Conference Room A, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000
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 48 hours before the workshop/meeting by contacting: Cindy Mulkey, 3900 Commonwealth Blvd., MS 48, Tallahassee, FL 32399-3000, (850)245-2002, Cindy.Mulkey@dep.state.fl.us. 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: Cindy Mulkey, 3900 Commonwealth Blvd., MS 48, Tallahassee, FL 32399-3000, (850)245-2002, Cindy.Mulkey@dep.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

62-17.011 General.

Rulemaking Specific Authority 403.504(1), 403.517(1)(a) FS. Law Implemented 403.504(2), (3), (5), 403.517, 403.5175 FS. History– New 5-7-74, Amended 12-27-77, Formerly 17-17.01, Amended 5-9-83, Formerly 17-17.011, Amended 2-1-99, Repealed________.

 

62-17.031 Prohibitions, Exceptions, and Applicability.

Rulemaking Specific Authority 403.504(1) FS. Law Implemented 403.504, 403.506 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.03, Amended 5-9-83, Formerly 17-17.031, Amended 2-1-99, 2-13-08, Repealed________.

 

62-17.081 Supplementary Information – Cost Responsibility, Determination of Completeness of Application.

Rulemaking Specific Authority 403.504(1), (2), 403.5063(2) FS. Law Implemented 403.504(2), (3), 403.5063(2) FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.04(2), 17-17.20, Amended 5-9-83, Formerly 17-17.081, Amended 2-1-99, 2-13-08, Repealed________.

 

62-17.093 Preliminary Statement of Issues.

Rulemaking Specific Authority 403.504(1) FS. Law Implemented 403.507(1), (2)(d) FS. History–New 2-1-99, Amended 2-13-08, Repealed________.

 

62-17.137 Proprietary Interest in State Lands.

Rulemaking Specific Authority 403.504(1) FS. Law Implemented 403.509(5) FS. History–New 2-13-08, Repealed________.

 

62-17.143 Recommended Orders, Exceptions.

Rulemaking Specific Authority 403.504(1) FS. Law Implemented 403.508(3), 403.508(7)(d), 403.509 FS. History–New 2-1-99, Amended 2-13-08, Repealed________.

 

62-17.221 Revocation or Suspension of Certification.

Rulemaking Specific Authority 403.504(1) FS. Law Implemented 120, 403.512 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.18, Amended 5-9-83, Formerly 17-17.221, Amended 2-1-99, Repealed________.

 

62-17.231 Supplemental Applications.

Rulemaking Specific Authority 403.504(1), (6), (9) FS. Law Implemented 403.517 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.21, Amended 5-9-83, Formerly 17-17.231, Amended 2-1-99, 2-13-08, Repealed________.

 

62-17.510 General.

Rulemaking Authority 403.523(1) FS. Law Implemented 403.521 FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.51, 17-17.510, Amended 5-24-10, Repealed________.

 

62-17.610 Proprietary Interest in State-Owned Lands.

Rulemaking Authority 403.523(1) FS. Law Implemented 403.531(3)(b) FS. History–New 5-24-10, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Cindy Mulkey
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011