18-21.00405: Grandfather Provisions
18-21.0081: Grandfather Structure Applications
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: Rule 18-21.001, F.A.C., sets out the intent of rule Chapter 18-21, F.A.C., repeating the Board of Trustees’ role as fiduciary to manage and control state lands. This text duplicates Sections 253.03 and 253.12, F.S., and is therefore unnecessary.
Rules 18-21.0405 and 18-21.0081, F.A.C., set out the program to register existing structures on sovereign submerged lands under the Grandfather Structure Registration program. Registration originally ended June 30, 1984, and was extended to April 1, 1991. All registered structures were required to obtain a lease by January 1, 1998. The program has ended. As a result, the rules are now unnecessary.
OTHER RULES INCORPORATING THIS RULE: There are no other chapters or rules that incorporate the rules proposed for repeal.
EFFECT ON THOSE OTHER RULES: These rules are 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the information expressly relied upon and described herein: The rules are not required by statute and are being repealed to reduce unnecessary regulatory costs.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: 253.03, 253.03(7), 253.77 FS., Art. X, Sec. 14, Fla. Const.
LAW IMPLEMENTED: 253.03, 253.077, 253.12 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:
DATE AND TIME: January 11, 2012, 9:15 a.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 days 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. 11-1026)
THE FULL TEXT OF THE PROPOSED RULE IS:
Rulemaking Authority 253.03(7) FS., Art. X, Sec. 14, Fla. Const. Law Implemented 253.03, 253.12 FS. History–New 3-27-82, Formerly 16Q-21.01, 16Q-21.001, Amended 9-1-09, Repealed_________.
18-21.00405 Grandfather Provisions.
Specific Authority 253.03, 253.77 FS. Law Implemented 253.77 FS. History–New 3-15-90, Repealed_________.
18-21.0081 Grandfather Structure Applications.
Specific Authority 253.03(7) FS. Law Implemented 253.03, 253.077 FS. History–New 8-1-83, Formerly 16Q-21.081, 16Q-21.0081, Amended 3-15-90, 8-10-05, Repealed_________.