that an Order was issued on May 4, 2020, granting the City of Miami Beach, Florida's petition for a waiver. The petition was received on February 25, 2020, and notice of receipt of the petition was published in the Florida Administrative Register on ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Office of the Secretary

RULE NOS.:RULE TITLES:

62S-2.072Application Requirements and Processing

62S-2.076Compliance Responsibilities

The Florida Department of Environmental Protection hereby gives notice: that an Order was issued on May 4, 2020, granting the City of Miami Beach, Florida's petition for a waiver. The petition was received on February 25, 2020, and notice of receipt of the petition was published in the Florida Administrative Register on March 6, 2020. The petition requested a waiver from paragraph 62S-2.072(2)(b) and subsection 62S-2.076(1), F.A.C., which require a public use dedication be recorded to encumber land that is improved using Recreational Trails Program grant funds if that land is not owned by the grant recipient. The petition was assigned OGC Case No. 20-0148. No public comments were received. The Order granted the petition to waive paragraph 62S-2.072(2)(b) and subsection 62S-2.076(1), F.A.C., based on a showing that the petitioner demonstrated that the purpose of the underlying statute has been achieved by other means and that the application of the rule would violate principles of fairness.

A copy of the Order or additional information may be obtained by contacting: Tara Reynolds, Community Assistance Consultant, Department of Environmental Protection, 3800 Commonwealth Blvd., Mail Station 100, Tallahassee, FL 32399-3000, telephone: [phone], email: [e-mail] during normal business hours, 8:00 a.m. – 5:00 p.m., Monday through Friday, except legal holidays.