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

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-716.100: Intent
62-716.200: Definitions
62-716.400: Specific Recycling and Education Grant Application and Matching Requirements
62-716.410: Recycling and Education Grant Eligibility Requirements
62-716.420: Recycling and Education Grant Special Requirements
62-716.430: Use of Recycling and Education Grant Funds
62-716.440: Allocation of Recycling and Education Grant Funds
62-716.510: Use of Small County Grant Funds
62-716.610: Allocation of Waste Tire Grant Funds
62-716.620: Use of Waste Tire Grant Funds
62-716.700: Litter Control and Prevention Grants

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

SUMMARY: There is no current statutory authority granting rulemaking authority for Rules 62-716.100, 62-716.400, 62-716.410, 62-716.420, 62-716.430, 62-716.440 and 62-716.700, F.A.C., in Sections 403.704, F.S., or 403.7095, F.S. The Recycling and Education Grant Program and the Litter Control and Prevention Grant Program in section 403.7095, F.S., were eliminated by Chapter 2010-143, Laws of Florida. Although Rule 62-716.200, F.A.C., is authorized by section 403.7095, F.S., it is not mandated by statute and there will be no adverse consequences if it is repealed. The rule was created to provide clarification to the regulated public, but none of the definitions are essential and several restate section 403.7095, F.S. Although Rules 62-716.510, 62-716.610 and 62-716.620, F.A.C., are authorized by Sections 403.704, F.S., and 403.7095, F.S., they are not mandated by statute and there will be no adverse consequences if they are repealed. The rules were created to provide clarification to the regulated public, are not necessary, and the Small County Grant Program and the Waste Tire Grant Program were significantly amended by Chapter 2010-143, Laws of Florida.

OTHER RULES INCORPORATING THIS RULE: None.

EFFECT ON THOSE OTHER RULES: N/A.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed changes remove outdated requirements and other unnecessary procedures from the rule. There are no costs associated with removing these sections. Thus, the proposed rules are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S. Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.704, 403.7095 FS.
LAW IMPLEMENTED: 403.706, 403.7095 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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: January 10, 2012, 10:00 a.m.

PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Tallahassee, Florida

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 48 hours before the workshop/meeting by contacting: Ron Henricks (contact information provided below). 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 RULES IS: Ron Henricks, Department of Environmental Protection, MS 4570, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone] or email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULES IS:

62-716.100 Intent.

Rulemaking Specific Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Formerly 17-716.100, Amended 11-16-94, Repealed_________.

 

62-716.200 Definitions.

Rulemaking Specific Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Formerly 17-716.200, Amended 11-16-94, Repealed_________.

 

62-716.400 Specific Recycling and Education Grant Application and Matching Requirements.

Rulemaking Specific Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Amended 7-14-91, Formerly 17-716.400, Amended 11-16-94, Repealed_________.

 

62-716.410 Recycling and Education Grant Eligibility Requirements.

Rulemaking Specific Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Amended 7-14-91, Formerly 17-716.410, Amended 11-16-94, Repealed_________.

 

62-716.420 Recycling and Education Grant Special Requirements.

Rulemaking Specific Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Amended 7-14-91, Formerly 17-716.420, Amended 11-16-94, 2-20-96, Repealed_________.

 

62-716.430 Use of Recycling and Education Grant Funds.

Rulemaking Specific Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Formerly 17-716.430, Amended 11-16-94, Repealed_________.

 

62-716.440 Allocation of Recycling and Education Grant Funds.

Rulemaking Specific Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Formerly 17-716.440, Repealed_________.

 

62-716.510 Use of Small County Grant Funds.

Rulemaking Specific Authority 403.704, 403.7095 FS. Law Implemented 403.7095 FS. History–New 5-16-89, Formerly 17-716.510, Repealed_________.

 

62-716.610 Allocation of Waste Tire Grant Funds.

Rulemaking Specific Authority 403.704, 403.7095, 403.716 FS. Law Implemented 403.7095, 403.716 FS. History–New 5-16-89, Formerly 17-716.610, Amended 11-16-94, Repealed_________.

 

62-716.620 Use of Waste Tire Grant Funds.

Rulemaking Specific Authority 403.704, 403.7095, 403.719 FS. Law Implemented 403.7095, 403.719 FS. History–New 5-16-89, Formerly 17-716.620, Amended 11-16-94, 2-20-96, Repealed_________.

 

62-716.700 Litter Control and Prevention Grants.

Rulemaking Specific Authority 403.704 FS. Law Implemented 403.4131 FS. History–New 11-16-94, Amended 2-20-96, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ron Henricks

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary, Florida Department of Environmental Protection

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011