To repeal rules for which the Department no longer has statutory rulemaking authority.  

  •  

    DEPARTMENT OF ECONOMIC OPPORTUNITY

    Division of Community Development

    RULE NOS.:RULE TITLES:

    73C-48.004Supersession of Original Regulations

    73C-48.005Approval of Amendments to the City of Key West Land Develop0ment Regulations

    73C-48.024Rejection of Amendments to the City of Key West Land Development Regulations

    73C-48.032Rejection of a Portion of the City of Key West's Land Development Regulation (Ordinance No. 95-31)

    PURPOSE AND EFFECT: To repeal rules for which the Department no longer has statutory rulemaking authority.

    SUMMARY: Section 380.05(6), F.S., previously required the Department to approve or reject land development regulations by rule. Chapter 73C-48, Fla. Admin. Code (“F.A.C.”) are rules approving and/or rejecting amendments to the land development regulations of the City of Key West, an area of critical state concern. This statute has been amended to delete rulemaking and now requires the Department to issue a final order approving or rejecting land development amendments for areas of critical state concern.

    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 agency has previously performed a review of the statutory requirements and determined that rules 73C-48.004, .005, .024, and .032, F.A.C., have no adverse impact or regulatory costs which exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. These rules are therefore expected be able to take effect without the need of being ratified by the Legislature.

    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: 380.05(6), FS.

    LAW IMPLEMENTED: 380.05, 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: Adam Callaway, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399, (850)717-8526, adam.callaway@deo.myflorida.com.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    73C-48.004 Supersession of Original Regulations.

    Rulemaking Authority 380.05(10) FS. Law Implemented 380.05(10) FS. History–New 4-12-88, Formerly 9J-22.004, Repealed.

     

    73C-48.005 Approval of Amendments to the City of Key West Land Development Regulations.

    Rulemaking Authority 380.05(6), (10) FS. Law Implemented 380.05(6), (10) FS. History–New 10-26-88, Amended 12-4-96, Formerly 9J-22.005, Repealed.

     

    73C-48.024 Rejection of Amendments to the City of Key West Land Development Regulations.

    Rulemaking Authority 380.05(6), (10), (11) FS. Law Implemented 380.05(11) FS. History–New 10-5-94, Amended 12-4-96, Formerly 9J-22.0024, Repealed.

     

    73C-48.032 Rejection of a Portion of the City of Key West’s Land Development Regulation (Ordinance No. 95-31).

    Rulemaking Authority 380.05(6), (10), (11) FS. Law Implemented 380.05(11) FS. History–New 3-20-96, Formerly 9J-22.032, Repealed.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Callaway

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cissy Proctor

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 4/18/18