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.

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Resource Management

RULE NO.: RULE TITLE:
62C-39.007: Confidentiality and Availability of Records
62C-39.012: Violations, Injunctive Relief, and Penalties
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: This rule is duplicative of statutory language and is thus not needed.
OTHER RULES INCORPORATING THIS RULE: Chapter 62C-39 is referenced by Rules 62-660.820, 62C-35.003, and 62C-35.004, F.A.C.
EFFECT ON THOSE OTHER RULES: The proposed repeals will have no substantive effect on the rule sections that cross reference Chapter 62C-39, F.A.C.
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described herein: This rulemaking will not require ratification by the Florida legislature, because the rules are being repealed to reduce rules that are duplicative, unnecessarily burdensome, or no longer needed.
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: 378.404 FS.
LAW IMPLEMENTED: 120.69, 378.406, 378.408, 378.409 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, 1:00 p.m.
PLACE: Department of Environmental Protection, Bureau of Mining and Minerals Regulation, 2051 East Paul Dirac Drive (Collins Building), Large Conference Room, Tallahassee, Florida 32310-3760
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 five (5) days before the workshop/meeting by contacting: Howard Hayes at [phone]. 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: Howard Hayes, Department of Environmental Protection, Bureau of Mining and Minerals Regulation, MS 715, 2051 East Paul Dirac Drive, Tallahassee, Florida 32310-3760, [phone] or e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62C-39.007 Confidentiality and Availability of Records.

Rulemaking Specific Authority 378.404 FS. Law Implemented 378.406 FS. History–New 1-19-89, Formerly 16C-39.007, Repealed________.

 

62C-39.012 Violations, Injunctive Relief and Penalties.

Rulemaking Specific Authority 378.404 FS. Law Implemented 120.69, 378.408, 378.409 FS. History–New 1-19-89, Formerly 16C-39.012, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson, Director, Division of Water Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011