Rule 62-113.200, F.A.C., is amended to delegate to the Northwest Florida, St. Johns River, Suwannee River, Southwest Florida, and South Florida Water Management Districts (Districts), and Broward County the authority granted to the Department under ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-113.200: Delegation of Authority by Secretary
PURPOSE AND EFFECT: Rule 62-113.200, F.A.C., is amended to delegate to the Northwest Florida, St. Johns River, Suwannee River, Southwest Florida, and South Florida Water Management Districts (Districts), and Broward County the authority granted to the Department under Sections 373.109(1)(a) through (d), (2), and (5), F.S., as amended by Section 18 of Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida, to charge certain minimum and new fees for activities regulated under Part IV of Chapter 373, F.S., and to adjust all fees under Part IV of Chapter 373, F.S., as necessary to reflect, at a minimum, upward adjustments in the Consumer Price Index or similar inflation indicator as adopted by rule. The Department is vested with the authority for this delegation under Sections 373.026(7), 373.103, and 403.805, F.S.
SUMMARY: Sections 373.109(1)(b) through (d), F.S., as amended by Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida, required the Department to charge, effective July 1, 2008, a $250 minimum fee for ERP noticed general permits and individual permits; a new $100 minimum fee, not to exceed $500 if later adopted by rule, to verify qualification for an exemption; and a new $100 minimum fee, not to exceed $500 if later adopted by rule, to conduct an informal wetland boundary determination. Section 373.109(1)(a), F.S., also requires the Department to review all of its ERP application and notice fees, and to initiate rulemaking no later than December 1, 2008, to increase each application fee authorized under Part IV of Chapter 373, F.S., to ensure that such fees reflect, at a minimum, an upward adjustment in the Consumer Price Index compiled by the United States Department of Labor, or similar inflation indicator, since the original fee was established or more recently revised, and to adopt the inflation indicator by rule. Section 373.109(2), F.S., further requires the Department to review the fees authorized under Part IV of Chapter 373, F.S., at least once every five years and adjust those fees as necessary to reflect upward adjustments in the inflation index.
Rather than the Department undertaking this rulemaking for regulated activities that seek permits or other determinations from the Districts or delegated local governments under Part IV of Chapter 373, the Department proposes to delegate this authority to these entities. Sections 373.016(5), 373.103, and 403.805, F.S., provide, among other things, the authority for the Secretary to delegate to the Districts and delegated local governments the authority to adopt and adjust their fees. This delegation will provide the Districts and Broward County (the only local government delegated at this time to implement the environmental resource permit program) the authority to amend their fees adopted by rule under Part IV of Chapter 373, F.S., to charge the minimum (except the minimum fee of $100 to verify an exemption under Part IV, Chapter 373 which was effective on July 1, 2008, for all entities regulating under Part IV) and new fees, and to adjust their permit fees to reflect changes in the Consumer Price Index, in accordance with Sections 373.109(1)(a) through (d), (2) and (5), F.S.
The Department is amending Chapters 62-4 and 62-346, F.A.C., in separate rulemaking to revise its fees under Part IV of Chapter 373, F.S., as required by Sections 373.109(1) through (5), F.S., as amended by Section 18 of Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared because this rule merely delegates authority to the Districts and Broward County to adopt rules to revise their fees under Part IV of Chapter 373, F.S., in accordance with the authority granted to the Department under Section 373.109(1)(a) through (d), (2), and (5), F.S., as amended by Section 18 of Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida. The Department’s authority for this delegation is vested in Sections 373.016(5), 373.103, and 403.805, F.S. The delegation, by itself, will not have any economic impact. Each District and Broward County will have to initiate rulemaking to amend their rules to adjust their fees in accordance with this delegation of authority.
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.
SPECIFIC AUTHORITY: 110.201, 120.53(1)(a), 373.046, 373.103, 373.109, 373.309, 376.303, 403.061, 403.1815, 403.1823, 403.1832, 403.1838, 403.704, 403.805 FS., Chapter 2008-150, Laws of Florida.
LAW IMPLEMENTED: 110.227, 120.53(1)(a), 373.016(5), 373.046, 373.103, 373.109, 373.308, 373.309, 373.4135, 403.088, 403.1821 through 403.1838, 403.805 FS., Chapter 2008-150, Laws of Florida.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, M.S. 2500, Tallahassee, FL 32399-2400, telephone [phone], or e-mail: [e-mail]. Further information and updates on development of this rule also may be obtained from the Department’s Internet site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC No. 08-1687)

THE FULL TEXT OF THE PROPOSED RULE IS:

62-113.200 Delegation of Authority by Secretary.

The Secretary, as head of the Department, has delegated authority as follows:

(1) through (11) No change.

(12)(a) To the South Florida Water Management District, the Southwest Florida Water Management District, the St. Johns River Water Management District, the Suwannee River Water Management District, and the Northwest Florida Water Management District the authority to administer and enforce those provisions of Chapter 373, F.S., water quality and other functions of the Department, and the rules of the Department as have been delegated from time to time to the Districts by order of the Secretary, after fourteen (14) days notice to the Governing Board and publication in the Florida Administrative Weekly. Authority delegated shall be listed in this rule subsequent to delegation. The following Districts are authorized to administer and enforce the following laws and rules, including Section 373.103(1), F.S., to the extent necessary to fully implement authority specifically delegated.

1. through 7. No change.

8. Northwest Florida Water Management District, Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District, South Florida Water Management District (Districts), and Broward County: in conformance with the language of Section 18 of Chapter 2008-150, Laws of Florida, which mandates that the Department initiate rulemaking to adopt new and increased fees under Part IV of Chapter 373, F.S., the Districts and Broward County are delegated the following authorities: (1) to charge, upon the effective date of this rule, the minimum fees as set forth in Sections 373.109(1)(b) and (d), F.S.; (2) to adopt rules to increase the minimum fees set forth in Sections 373.109(1)(b) through (d), F.S.; (3) to adopt rules to increase each application fee authorized under Part IV of Chapter 373, F.S., such that each fee reflects, at a minimum, any upward adjustment in the Consumer Price Index compiled by the United States Department of Labor, or similar inflation indicator, since the original fee was established or most recently revised; (4) to establish by rule any inflation index to be used for this purpose; and (5) to review the fees authorized under Part IV of Chapter 373, F.S., at least once every five years and adjust the fees upward as necessary to reflect changes based on its adopted inflation index.

(b) No change.

(13) through (16) No change.

Specific Authority 110.201, 120.53(1)(a), 373.046, 373.103, 373.109, 373.309, 376.303, 403.061, 403.1815, 403.1823, 403.1832, 403.1838, 403.704, 403.805 FS., Chapter 2008-150, Laws of Florida. Law Implemented 110.227, 120.53(1)(a), 373.016(5), 373.046, 373.103, 373.109, 373.308, 373.309, 373.4135, 403.088, 403.1821 through 403.1838, 403.805 FS., Chapter 2008-150, Laws of Florida. History– New 2-6-78, Amended 4-28-81, Revised 6-30-81, Amended 6-3-82, Formerly 17-1.04, Amended 6-1-84, 10-9-84, 7-22-85, 11-26-86, 3-3-87, 5-25-88, 8-31-89, 6-19-91, 4-26-92, 11-16-92, 3-14-94, Formerly 17-101.040, Amended 7-4-95, Formerly 62-101.040, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet G. Llewellyn, Division Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 8, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 27, 2008