The proposed rule revises and clarifies the application of local requirements concerning garbage and waste disposal from licensed facilities.

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Agency for Persons with Disabilities

RULE NO.:RULE TITLE:

65G-2.007General Standards

PURPOSE AND EFFECT: The proposed rule revises and clarifies the application of local requirements concerning garbage and waste disposal from licensed facilities.

SUMMARY: The rule amends the provision pertaining to the obligation of licensed facilities to dispose of garbage and waste material in accordance with “state and local” requirements to clarify that compliance must be in keeping with municipal and county requirements of the jurisdiction within which the facility is located.

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: This rule clarifies an existing requirement to comply with local ordinance requirements and is not expected to impose any additional burden on licensed facilities for compliance.

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: 393.501 FS.

LAW IMPLEMENTED: 393.15(5), 393.067 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kimberly Walsh, Agency for Persons with Disabilities, 4030 Esplanade Way, Tallahassee, Florida 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65G-2.007 General Facility Standards.

(1) through (9) No change.

(10) MAINTENANCE.

(a) through (c) No change.

(d) All outdoor garbage and other waste materials shall be kept in covered containers until removed. Containers shall be emptied as often as necessary to prevent public nuisance and health hazards in accordance with municipal and county requirements of the jurisdiction within which the facility is located all applicable state and local requirements.

(e) through (f) No change.

(11) through (20) No change.

Rulemaking Authority 393.501(1) FS. Law Implemented 393.15(5), 393.067 FS. History–New 8-13-78, Formerly 10F-6.08, 10F-6.008, 65B-6.008, Amended 7-1-14, ________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kimberly Walsh

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbara Palmer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 21, 2014