The purpose and effect will be to delete obsolete provisions from existing rule text.

 

ADMINISTRATION COMMISSION

RULE NO.:RULE TITLE:

28-28.008Performance Criteria

PURPOSE AND EFFECT: The purpose and effect will be to delete obsolete provisions from existing rule text.

SUMMARY: Paragraphs 28-28.008(7)(a)-(c), F.A.C., has been determined to be obsolete in that the provision has been replaced by updated locally adopted comprehensive plan provisions.

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 Commission has determined that deletion of the identified text is not expected to require legislative ratification based on the fact that the language is obsolete and has been replaced by updated comprehensive plan provisions.

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: 380.05 FS.

LAW IMPLEMENTED: 380.05(8) 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, Office of the Governor, Room 1801, The Capitol, Tallahassee, FL 32399-0001, Telephone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

28-28.008 Performance Criteria.

(1) through (6) No change.

(7) Site Alteration.

(a) Except as provided for in paragraph (b) of this standard, site alteration shall be limited in accordance with the natural drainage capabilities of the major soil associations. The amount of site alteration shall be limited to the following percentages of the area of each association within any given total site:

	Upland association	60%
	Pine flatwood association	25%
	Wetland association	10%

The installation of nonpermeable surfaces shall be limited to 50% of any altered site. However, a minimum of 2,500 square feet may be covered with nonpermeable surfaces on any permitted site.

(b) For the public and quasi-public uses listed below, site alteration shall be limited to 60% of the total site size provided the site is located on an upland or pine flatwood soil association. Except for recreational purposes, these uses shall be excluded from the wetlands:

1. Public education facilities;

2. Governmental structures which provide tax supported services;

3. Public utilities or municipal or other governmental agencies’ generation systems for gas, electricity, steam or water.

(c) It shall be the responsibility of the developer to provide all required information which will allow satisfactory determination of whether such lands lie within the uplands associations, or any combination thereof. This determination shall be made in accordance with subparagraph 28-28.007(3)(b)1., F.A.C., of this Code.

(d) through (e) renumbered (a) through (b) No change.

(8) through (10) No change.

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-7.08, 27F-7.08, 27F-7.008, Amended __________.

 

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