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.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-737.100: Purpose and Intent
62-737.710: Requirements for Reverse Distribution Programs

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: There is no statutory authority granting rulemaking authority for Rule 62-737.100, F.A.C., in Section 403.7186, F.S. Although Rule 62-737.710 is authorized by Sections 403.061, F.S., and 403.7186, F.S., it is not mandated by statute and there will be no adverse consequences if it is repealed. The rule was created to provide clarification to the regulated public, but it is not necessary.

OTHER RULES INCORPORATING THIS RULE: None.

EFFECT ON THOSE OTHER RULES: N/A.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed changes remove an “intent” section for which there is no statutory authority. They also remove unnecessary requirements and procedures from the rule. There are no costs associated with removing these sections. Thus, the proposed rule is not expected to require legislative ratification pursuant to subsection 120.541(3), F.S. Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.061, 403.7186 FS.
LAW IMPLEMENTED: 403.7186, 403.721 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 10, 2012, 12:00 Noon

PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Tallahassee, Florida

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 48 hours before the workshop/meeting by contacting: Jack Price (contact information provided below). 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 RULES IS: Jack Price, Department of Environmental Protection, MS 4570, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone] or email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULES IS:

62-737.100 Purpose and Intent.

Rulemaking Specific Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98, Repealed_________.

 

62-737.710 Requirements for Reverse Distribution Programs.

Rulemaking Specific Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History–New 5-10-95; Amended 5-20-98, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jack Price

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary, Florida Department of Environmental Protection

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011