The purpose and effect of the rule is to make City of Apalachicola Ordinance 2013-02 effective.

 

ADMINISTRATION COMMISSION

RULE NO.:RULE TITLE:

28-22.402Amendment to City of Apalachicola Land Development Regulations Regarding Flood Plain Management

PURPOSE AND EFFECT: The purpose and effect of the rule is to make City of Apalachicola Ordinance 2013-02 effective.

SUMMARY: Section 380.0555(9), F.S., provides that any land development regulation in the Apalachicola Bay Area may be amended by a local government, but the amendment becomes effective only upon the approval of the Commission. The City adopted Ordinance 2013-02 incorporating the latest version of Florida’s model 2013 Floodplain Management Ordinance and allowing the City to continue participation in the National Flood Insurance Program. The Commission approved Ordinance 2013-02 on 11/19/13 and proposes adoption of the rule in order to make the Ordinance effective.

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 of Economic Opportunity (DEO), as the state land planning agency, reviewed the Ordinance and developed the proposed rule language. The DEO determined that the proposed rule merely adopts regulations voluntarily adopted by the City; that the cost for implementation will be approximately $25,000; and that legislative ratification is not required. The Commission approved the DEO's determination.

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: 380.0555(9) FS.

LAW IMPLEMENTED: 380.0555(7), (9) 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: Barbara Leighty, Executive Office of the Governor, Room 1801, The Capitol, Tallahassee, Florida 32399-0001, telephone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

28-22.402 Amendment to City of Apalachicola Land Development Regulations Regarding Flood Plain Management.

The Administration Commission approves Ordinance No. 2013-02 adopted by the City of Apalachicola on August 6, 2013, which Ordinance is incorporated hereby by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03415 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03416 or by contacting the Clerk of the Administration Commission, Office of the Governor, Room 1801, The Capitol, Tallahassee, FL 32399-0001, telephone [phone]. The Ordinance repeals Ordinance No. 2006-03 regarding flood plain management, adopts new, updated flood plain management regulations and new flood hazard maps, designates a floodplain administrator, adopts procedures and criteria for development in flood hazard areas, and adopts local administrative amendments to the Florida Building Code.

Rulemaking Authority 380.0555(9) FS. Law Implemented 380.0555(7), (9) FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Administration Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Administration Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 19, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 21, 2013