To delete the second sentence of subsection 62B-54.002(2), F.A.C., that states multi-day fines will not be assessed for minor impacts.

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Beaches and Coastal Systems

RULE NO.: RULE TITLE:
62B-54.002: Determination of Fines
PURPOSE AND EFFECT: To delete the second sentence of subsection 62B-54.002(2), F.A.C., that states multi-day fines will not be assessed for minor impacts.
SUMMARY: The Bureau proposes amendment of subsection 62B-54.002(2), F.A.C., in order to address comments from the Joint Administrative Procedures Committee. The rule amendment will remove the statement that multi-day fines will not be assessed for minor impacts.
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:
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: 161.052, 161.053, 161.054 FS.
LAW IMPLEMENTED: 161.052, 161.053, 161.054 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: March 7, 2012, 9:00 a.m.
PLACE: Bureau of Beaches and Coastal Systems, Training Room, 4708 Capital Circle N.W., Tallahassee, Florida 32303
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: Rosaline Beckham, [phone], [e-mail]. 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: James Martinello, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62B-54.002 Determination of Fines.

(1) No change.

(2) Each day during any portion of which a violation occurs or continues to occur hereunder constitutes a separate offense. Multi-day fines will compound beginning on the date of receipt of the Department’s warning notice. Multi-day fines will not be assessed for minor impacts.

(3) No change.

Rulemaking Specific Authority 161.052, 161.053, 161.054 FS. Law Implemented 161.052, 161.053, 161.054 FS. History–New 3-20-00, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Gene Chalecki, Acting Bureau Chief
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel Vinyard, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 22, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 2, 2011