Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.: RULE TITLE:
62-402.001: Scope
62-402.020: Definitions
62-402.030: Release of Funds
62-402.031: Preservation 2000 Funds
62-402.050: Financial Reports
62-402.060: Water Management Lands Trust Fund Bond Issues
62-402.070: Water Management Lands
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 Chapter 62-402, F.A.C., Water Management Lands Trust Fund, as it is not mandated by statute and no adverse consequences will result from its repeal.
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: 373.043 FS.
LAW IMPLEMENTED: 259.101, 373.59 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 18, 2012, 10:00 a.m.
PLACE: Conference Room A, First Floor, Douglas Building, 3900 Commonwealth Blvd., Tallahassee, FL 32399
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 3 days before the workshop/meeting by contacting: Karri MacInnes, Government Operations Consultant I, Division of State Lands, Department of Environmental Protection, 3900 Commonwealth Blvd., MS 100, Tallahassee, FL 32399, (850)245-2567, karri.macinnes@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: Karri MacInnes, Government Operations Consultant I, Division of State Lands, Department of Environmental Protection, 3900 Commonwealth Blvd., MS 100, Tallahassee, FL 32399, (850)245-2567, karri.macinnes@dep.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

62-402.001 Scope.

Rulemaking Specific Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History–New 3-24-82, Formerly 17-42.01, 17-42.001, Amended 1-7-91, 5-2-94, Formerly 17-402.001, Repealed_______.

 

62-402.020 Definitions.

Rulemaking Specific Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History–New 3-24-82, Formerly 17-42.02, Amended 9-17-86, Formerly 17-42.020, Amended 1-7-91, 5-2-94, Formerly 17-402.020, Repealed_______.

 

62-402.030 Release of Funds.

Rulemaking Specific Authority 373.043 FS. Law Implemented 373.016, 373.026, 373.043, 373.139, 373.59 FS. History–New 3-24-82, Formerly 17-42.03, Amended 9-17-86, Formerly 17-42.030, Amended 1-7-91, 5-2-94, Formerly 17-402.030, Repealed_______.

 

62-402.031 Preservation 2000 Funds.

Rulemaking Specific Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59, 375.045 FS. History–New 5-2-94, Formerly 17-402.031, Repealed_______.

 

62-402.050 Financial Reports.

Rulemaking Specific Authority 373.026, 373.043 FS. Law Implemented 373.016, 373.026, 373.043, 373.59 FS. History–New 3-24-82, Formerly 17-42.05, 17-42.050, Formerly 17-402.050, Repealed_______.

 

62-402.060 Water Management Lands Trust Fund Bond Issues.

Rulemaking Specific Authority 373.016, 373.026, 373.043, 373.139, 373.59 FS. Law Implemented 373.016, 373.139, 373.59 FS. History–New 9-17-86, Formerly 17-42.060, Amended 1-7-91, 5-2-94, Formerly 17-402.060, Repealed_______.

 

62-402.070 Water Management Lands.

Rulemaking Specific Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History–New 5-2-94, Formerly 17-402.070, Repealed_______.


NAME OF PERSON ORIGINATING PROPOSED RULE: Clay Smallwood, Division Director, Division of State Lands
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vineyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011