The purpose of this rulemaking is to repeal Rule 5E-1.018 relating to fertilizer licensees being placed on probation based on the nutrient index percentage. Chapter 576.061, Florida Statutes provides sufficient provisions to penalize licensees for ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NO.:RULE TITLE:

5E-1.018Probationary Status, Revocation of Registration and License

PURPOSE AND EFFECT: The purpose of this rulemaking is to repeal Rule 5E-1.018, F.A.C., relating to fertilizer licensees being placed on probation based on the nutrient index percentage. Section 576.061, Florida Statutes provides sufficient provisions to penalize licensees for plant nutrient guarantees found to be deficient; therefore Rule 5E-1.018 is no longer necessary.

SUMMARY: This rulemaking is to repeal Rule 5E-1.018, F.A.C., relating to fertilizer licensees being placed on probation based on the nutrient index percentage.

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 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 its experience with adoption of rules of this nature. Additionally, no interested party submitted information regarding the economic impact.

Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

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: 576.181, 570.07(23) FS.

LAW IMPLEMENTED: 576.101, 576.061 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: Kelly Friend, Bureau Chief, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Bldg 8, Tallahassee, FL 2399-1650; [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5E-1.018 Probationary Status, Revocation of Registration and License.

Rulemaking Authority 576.181, 570.07(23) FS. Law Implemented 576.101, 576.061 FS. History–New 2-28-84, Amended 6-19-85, Formerly 5E-1.18, Amended 8-3-93, Repealed___________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Anderson H. Rackley, Director, Division of Agricultural Environmental Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 23, 2013