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:
62-11.003: Damages to Other Resources, Flora or Fauna
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 explains that the Department is not prevented from assessing and recovering damages to air, water or property, including animal, plant or aquatic not specifically listed in Chapter 62-11. This rule is unnecessary and merely attempts to ensure no argument is made that Rules 62-11.001 and 62-11.002 will be construed to limit the Department’s ability to recover environmental damages in other liability provisions in Chapter 403.
OTHER RULES INCORPORATING THIS RULE: None.
EFFECT ON THOSE OTHER RULES: None.
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: Pursuant to the Department's review under Executive Order 11-01 repealing this unnecessary rule will not have an adverse impact or impose a regulatory cost.
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, 403.141 FS.
LAW IMPLEMENTED: 403.061, 403.141, 403.161 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: December 20, 2011, 10:00 a.m.
PLACE: 3900 Commonwealth Blvd., First Floor Conference Room A, 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 5 days before the workshop/meeting by contacting: Justin Wolfe, 3900 Commonwealth Blvd., MS #35, Tallahassee, FL 32399, [e-mail], [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: Justin Wolfe, 3900 Commonwealth Blvd. MS #35, Tallahassee, FL 32399, [e-mail], [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-11.003 Damages to Other Resources, Flora or Fauna.

Rulemaking Specific Authority 403.061, 403.141 FS. Law Implemented 403.061, 403.141, 403.161, 403.747 FS. History–New 2-16-93, Formerly 17-11.003, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Justin Wolfe
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011