Rule is proposed to conform to recent legislative changes to Section 337.251(2), requiring the Department to collect an application fee sufficient to cover the cost of evaluating a proposal for lease of Department right of way for joint public-...

 

DEPARTMENT OF TRANSPORTATION

RULE NO.:RULE TITLE:

14-107.02Joint Public-Private Development of Right of Way

PURPOSE AND EFFECT: Rule is proposed to conform to recent legislative changes to Section 337.251(2), requiring the Department to collect an application fee sufficient to cover the cost of evaluating a proposal for lease of Department right of way for joint public-private development.

SUMMARY: Application fees for proposals to lease Department right of way.

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 rule does not impose a fee above the statutory requirement

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: 334.044(2), 337.251(2)(10) FS.

LAW IMPLEMENTED: 334.044(7), 337.251 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: Susan Schwartz, Assistant General Counsel, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-107.02 Joint Public-Private Development of Right of Way.

(1) Upon a determination by the Florida Department of Transportation to lease right of way for a joint public-private transportation purpose or receipt of an unsolicited joint public-private right of way development proposal which the Department finds worthy of consideration, the Department will prepare an estimate of its cost to evaluate proposals. The Department will publish a request for proposals on its website and in a newspaper of general circulation once a week for two weeks identifying the requirements of the proposal and the estimated cost of reviewing the proposals as a non-refundable application fee. Only proposals submitted with an application fee will be considered by the Department. The application fee will be in the form of a cashier’s check or other non-cancelable instrument payable to the Florida Department of Transportation. Personal checks will not be accepted for the application fee.

(2) If the evaluation costs exceed those covered by the application fee, the Department will notify the proposer(s) in writing and require additional payment to be made before review of the proposal. The proposer(s) shall pay to the Department the additional fee within thirty days after receipt of notification. Failure to make such payment shall result in the proposal being rejected as non-responsive.

Rulemaking Authority 334.044(2), 337.251(2)(10), F.S. Law Implemented 334.044(7), 337.251, F.S., History- New____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Derrick Brown, Deputy Director, Right of Way Production

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jim Boxold, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 8, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 19, 2015