The purpose of this rulemaking is to provide notice of revisions to a form incorporated by reference in the rule and to incorporate two Department forms that were not previously adopted by Department rule. The effect of this rulemaking will be to ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO.:RULE TITLE:
5E-2.041Materials Incorporated by Reference
PURPOSE AND EFFECT: The purpose of this rulemaking is to provide notice of revisions to a form incorporated by reference in the rule and to incorporate two Department forms that were not previously adopted by Department rule. The effect of this rulemaking will be to bring the forms into compliance with Section 120.55(1)(a)4., Florida Statutes.
SUMMARY: The proposed rule incorporates by reference the forms entitled Affidavit – Compliance Monitoring Program, (FDACS-13319 Rev. 08/12), Field Advisory Notice, (FDACS-13374 Rev. 08/12), Notification of Claim for Damages from Pesticide Application (FDACS-13375 Rev. 08/12, Notice of Inspection (FDACS-13316 Rev. 08/12), Pesticide Sample Collection Report (DACS-13234 Rev. 08/12) and Worker Protection Standard Inspection Form (FDACS-13240 Rev. 08/12).
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: The rulemaking revises and adopts forms used by the Department to enforce statutes and rules under its jurisdiction. The Department’s economic analysis of the adverse impact of potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon Department’s experiences with form adoption rules of this nature. Additionally, no interested party submitted additional information regarding the economic impact.
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: 570.07(23) FS.
LAW IMPLEMENTED: 487.031, 487.048, 487.071, 487.081, 487.159, 487.2041, 504.14, 576.051, 578.11, 580.36 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: Ms. Kelly Friend, Chief of Bureau of Compliance Monitoring; 3125 Conner Boulevard, Building 8, Tallahassee, Florida, 32399; [phone]; Kelly.Friend@FreshFromFlorida

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5E-2.041 Materials Incorporated by Reference.

(1) The Department will use the following materials in performance of its inspection, sampling, analysis, and enforcement duties prescribed in Chapter 487, Florida Statutes. The following documents are hereby adopted and incorporated by reference. These documents may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Pesticide Compliance Section, 3125 Conner Boulevard, Building 8, L-29, Tallahassee, Florida 32399-1650 and are available online as indicated.

(a) Affidavit – Compliance Monitoring Program (FDACS-13319 Rev. 08/12), http://www.flrules.org/Gateway/reference

(b) Field Advisory Notice (FDACS-13374 Rev. 08/12), http://www.flrules.org/Gateway/reference

(c) Notification of Claim for Damages from Pesticide Application (FDACS-13375 Rev. 08/12), http://www.flrules.org/Gateway/reference

(d) Notice of Inspection (FDACS-13316 Rev. 08/12), http://www.flrules.org/Gateway/reference

(e) Pesticide Sample Collection Report (FDACS-13234 Rev. 08/12), http://www.flrules.org/Gateway/reference

(f) Worker Protection Standard Inspection Form (FDACS-13240 Rev. 08/12), http://www.flrules.org/Gateway/reference.

Rulemaking Authority 570.07(23) FS. Law Implemented 487.03, 487.048, 487.071, 487.081, 487.159, 487.2041, 504.14, 576.051, 578.11, 580.36 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Anderson H, Rackley, Director of Agricultural Environmental Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Adam H. Putnam, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 10, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 14, 2012