This notice supplements the first notice published in Vol. 41, No. 75, April 17, 2015, of the Florida Administrative Register, which identified rule development to allow insurance as a means of demonstrating financial responsibility. Other forms of ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-342.700Financial Responsibility

PURPOSE AND EFFECT: This notice supplements the first notice published in Vol. 41, No. 75, April 17, 2015, of the Florida Administrative Register, which identified rule development to allow insurance as a means of demonstrating financial responsibility. Other forms of financial responsibility mechanisms will also be established in this rule development. The purpose of this rule development is to amend the existing rule to allow mitigation banks established under Part IV of Chapter 373, F.S., to use additional methods of demonstrating the financial responsibility required pursuant to Section 373.4136(1)(i), F.S. The effect of this rule development will be to establish additional mechanisms for demonstrating financial responsibility for the construction, operation, and long-term management of a mitigation bank.

SUBJECT AREA TO BE ADDRESSED: Rule 62-342.700, F.A.C., will be amended to allow mitigation banks to use additional methods of demonstrating financial responsibility. Financial responsibility mechanisms currently authorized in the rule (surety bond, performance bond, trust fund, standby trust fund and irrevocable letter of credit) would remain unaffected.

RULEMAKING AUTHORITY: 373.4131, 373.4136(11) FS.

LAW IMPLEMENTED: 373.4131, 373.4135, 373.4136 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: September 8, 2015, 1:00 p.m., EDT

PLACE: This workshop will be broadcast via webinar. Parties can register to attend the webinar via their personal computers with audio by telephone (regular long distance telephone charges will apply) or by speakers connected to their computer (no telephone charges will apply). Webinar registration is via https://attendee.gotowebinar.com/register/508149562869296897

Alternatively, persons may view the webinar at the following location where staff will be present to accept comments: Department of Environmental Protection, Bob Martinez Building, Room 609, 2600 Blair Stone Road, Tallahassee, Florida 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: John Humphreys at telephone: [phone] or via e-mail: [e-mail]. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Alice Heathcock, Florida Department of Environmental Protection, Submerged Lands and Environmental Resources Coordination Program, 2600 Blair Stone Road, MS 2500, Tallahassee, FL 32399-2400, [phone], [e-mail] or facsimile [phone].

For questions about the rule, contact: John Humphreys, Florida Department of Environmental Protection, [phone] or [e-mail]. The draft agenda and further information and updates on this rule also may be obtained from the Department’s website at: http://www.dep.state.fl.us/water/rules_dr.htm#erp. (OGC No. 15-0140)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.