The purpose and effect of the proposed rule amendment will be to repeal a rule identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND

RULE NO.: RULE TITLE:
18-14.004: Applicability
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal a rule identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Chapter 18-14, F.A.C., “Administrative Fines For Damaging State Lands or Products Thereof,” provides for the imposition of fines against a person who willfully damages state land, willfully damages or removes products from state land in violation of state or federal law, or knowingly refuses to comply with or willfully violates the provisions of Chapter 253, F.S. Rule 18-14.004, F.A.C., provides that an activity authorized by the Board of Trustees and conducted in conformance with Board of Trustees’ authorization is not a violation. The rule is unnecessary as the chapter is predicated on a violation of Chapter 253, F.S., or a violation of Board of Trustees’ authority.
This rule is also part of proposed amendments to the entire chapter that were published in the November 24, 2010, Florida Administrative Weekly. In January, the Governor required agencies to review their rules to determine whether any could be repealed as unnecessary or no longer needed. The Department is now proposing to repeal 18-21.004, F.A.C. Therefore, depending on the timing of adopting the proposed rule and repeal of Rule 18-14.004, F.A.C., whichever action occurs first will determine how the other is handled. If this repeal precedes the amendments to Chapter 18-14, F.A.C., then the Department will publish a notice withdrawing Rule 18-14.004, F.A.C., from that rulemaking prior to filing those amendments for adoption.
OTHER RULES INCORPORATING THIS RULE: Chapter 18-14, F.A.C., is incorporated by specific reference in paragraph 18-21.004(7)(c), subparagraphs 18-21.008(1)(b)3. and 18-21.008(1)(b)4., F.A.C., sub-subparagraphs 18-21.008(1)(b)5.a. and 18-21.008(1)(b)5.b., F.A.C., and paragraphs 18-21.021(2)(c), 18-21.021(4)(b), and 18-21.021(6)(f), F.A.C.
EFFECT ON THOSE OTHER RULES: The amendments to Chapter 18-14, F.A.C., have no effect on the above referenced rules.
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 is not required by statute and is being repealed to reduce unnecessary regulatory costs.
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: 253.04(2) FS.
LAW IMPLEMENTED: 253.04 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 11, 2012, 8:00 a.m., ET
PLACE: Room 609, Bob Martinez Building, 2600 Blair Stone Road, Tallahassee, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mary VanTassel at [phone].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400, telephone [phone] or e-mail: [e-mail]. (OGC No. 11-1027) (This rule was included in a proposed rule published 11/24/10 under OGC No. 08-0631.)

THE FULL TEXT OF THE PROPOSED RULE IS:

18-14.004 Applicability.

Rulemaking Specific Authority 253.04(2) FS. Law Implemented 253.04 FS. History–New 7-7-85, Formerly 16Q-14.04, Transferred from 16Q-14.004, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Trustees of the Internal Improvement Trust Fund
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 16, 2011