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:
62-301.100: Findings, Declaration and Intent
62-301.200: Definitions
62-301.400: Determination of the Landward Extent of Surface Waters of the State
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: This rule is no longer needed. Entities that qualify for grandfathering under Sections 373.4145(6)(b), 373.414 (11), (12), (13), (14), or (16), F.S., and applicants for permits from the Bureau of Mining and Minerals Regulation under Section 373.414(15), F.S., can continue to use this historic wetland delineation methodology if they so qualify, because this rule, even if repealed, will be preserved as it existed on the dates provided in the above statutory sections.
OTHER RULES INCORPORATING THIS RULE: Chapter 62-301 is referenced by rules 62-25.020, 62-113.200, 62-312.030, 62-312.045, 62-312.050, 62-312.818, 62-312.819, 62-312.822, 62-330.100, 62-340.100, 62-611.500, 62-621.303, F.A.C.
EFFECT ON THOSE OTHER RULES: The proposed repeals will have no substantive effect on the rule sections that cross reference Chapter 62-301, F.A.C., because this rule chapter, even if repealed, will be preserved pursuant to the grandfathering under Sections 373.4145(6)(b), 373.414 (11), (12), (13), (14), and (16), F.S.
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described herein: This rulemaking will not require ratification by the Florida Legislature, because the rules are being repealed to reduce rules that are duplicative, unnecessarily burdensome, or no longer needed.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: 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS.
LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.085, 403.086, 403.087, 403.088, 403.101, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708, 403.802, 403.817 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 12, 2012, 1:30 p.m.
PLACE: Room 609, Bob Martinez Building, 2600 Blair Stone Road, 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 five (5) days before the workshop/meeting by contacting: Mary VanTassel 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: 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 [phone] or e-mail: [e-mail]. (OGC No. 11-0872)

THE FULL TEXT OF THE PROPOSED RULE IS:

62-301.100 Findings, Declaration and Intent.

Rulemaking Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.085, 403.086, 403.087, 403.088, 403.101, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708, 403.802 FS. History–New 5-29-90, Formerly 17-301.100, Repealed________.

 

62-301.200 Definitions.

Rulemaking Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.031, 403.061, 403.085, 403.086, 403.087, 403.088, 403.502, 403.802 FS. History–New 5-29-90, Formerly 17-302.200, Repealed________.

 

62-301.400 Determination of the Landward Extent of Surface Waters of the State.

Rulemaking Specific Authority 403.061, 403.805 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088, 403.802, 403.817 FS. History–Formerly 17-4.02(17), Amended 10-1-84, 10-16-84, Formerly 17-4-022, 17-3.022, 17-301.400, Amended 1-8-96, 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