Notice of Development of Rulemaking

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-4.050: Procedures to Obtain Permits and Other Authorizations; Applications
PURPOSE AND EFFECT: The Department is initiating rule development to amend the fee schedule in Rule 62-4.050, F.A.C., with two primary objectives. First, it will conform the rule with Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida, which established new fees and minimum fee requirements for environmental resource permit program activities under Part IV of Chapter 373, F.S., and drinking water fees under Section 403.087, F.S. For activities under Part IV of Chapter 373, F.S., the legislation established a $250 minimum fee for noticed general permits and individual permits; a new $100 minimum fee, not to exceed $500, to verify qualification for an exemption; and a new $100 minimum fee, not to exceed $500, to conduct an informal wetland boundary determination. The legislation also established a new annual operation license fee of $50 for each public water system, automatically increases the minimum fees for drinking water construction or operation permits to $500, not to exceed $15,000, and established the permit fee for a drinking water distribution system permit, including a general permit, at $500, not to exceed $1,000. The new fees and the minimum fees described above automatically go into effect on July 1, 2008, and remain in effect until the Department adopts new fees by rule.
Secondly, the legislation requires the Department to review all fees authorized under Part IV of Chapter 373, F.S., and Chapter 403, F.S., at least once every five years and adjust the fees to reflect changes in the rate of inflation since the time each fee was established or most recently revised. This includes a requirement to adopt by rule the inflation index or indices to be used for making all fee adjustments. In recognition of this new legislation, the Department will be evaluating appropriate inflation indicators for all other regulatory program areas under Chapter 403, F.S., and will advise the public of the approach to be taken through future notices.
SUBJECT AREA TO BE ADDRESSED: New fees and minimum fees for activities conducted under Part IV of Chapter 373, F.S., and Chapter 403, F.S., and adjustments to all fees to reflect inflation.
SPECIFIC AUTHORITY: 373.026, 373.043, 373.109, 373.414, 373.418, 373.421, 403.061, 403.087, 403.704(30), 403.805, 403.861 FS., Chapter 2008-150, Laws of Florida.
LAW IMPLEMENTED: 218.075, 373.109, 373.118, 373.309, 373.406, 373.409, 373.413, 373.4135, 373.414, 373.4145, 373.418, 373.421, 403.061, 403.087, 403.0877, 403.088, 403.0885, 403.722, 403.813, 403.861(7), 403.9328 FS., Chapter 2008-150, Laws of Florida.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jim Stoutamire, Florida Department of Environmental Protection, Division of Water Resource Management, 2600 Blair Stone Road, MS 3500, Tallahassee, FL, 32399-2400, telephone (850)245-8490, or e-mail: Jim.Stoutamire@dep.state.fl.us. Further information and updates on development of this rule also may be obtained from the Department’s Internet site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC # 08-1684)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.