The Department is initiating rule development to amend the fee schedule in Rule 62-346.071, F.A.C., for environmental resource permit program activities under Part IV of Chapter 373, F.S., within the geographic area of the Northwest Florida Water ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-346.071: Fees.
PURPOSE AND EFFECT: The Department is initiating rule development to amend the fee schedule in Rule 62-346.071, F.A.C., for environmental resource permit program activities under Part IV of Chapter 373, F.S., within the geographic area of the Northwest Florida Water Management District (“the Panhandle”). This rulemaking has two primary objectives. First, it will conform the rule with Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida, which established a new $250 minimum fee for noticed general permits and individual permits; a new minimum fee of $100, not to exceed $500, to verify qualification for an exemption; and a new $100 minimum fee, not to exceed $500, to conduct an informal wetland boundary determination. The new and minimum fees described above automatically go into effect on July 1, 2008, and remain in effect until the Department adopts new fees by rule. The new fees and the minimum fees required by the legislation will be reflected in associated rulemaking to adopt the second phase of the environmental resource permit program in the Panhandle in accordance with Section 373.4145(1)(b), F.S.
Secondly, the legislation requires the Department to review all fees authorized under Part IV of Chapter 373, F.S., at least once every five years and adjust the fees to reflect changes in the rate of inflation since the time each fee was established or most recently revised. This includes a requirement to adopt by rule the inflation index or indices to be used for making all fee adjustments.
These fees will be binding on applications and notices for environmental resource permit activities under Part IV of Chapter 373, F.S., reviewed and acted upon by the Department or the Northwest Florida Water Management District, in accordance with the division of responsibilities established by the Operating Agreement in Chapter 62-113, F.A.C.
SUBJECT AREA TO BE ADDRESSED: New fees, minimum fees, and adjustments to all fees to reflect inflation, for activities conducted under Part IV of Chapter 373, F.S., within the Panhandle.
SPECIFIC AUTHORITY: 373.026(7), 373.043, 373.4145, 373.418, 403.508(1) FS., SB 1294 (2008), Chapter 2008-150, Laws of Florida.
LAW IMPLEMENTED: 218.075, 373.109, 373.118, 373.406, 373.414, 373.4145, 403.813, 373.418, 373.421 FS., SB 1294 (2008), Chapter 2008-150, Laws of Florida.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, MS 2500, Tallahassee, FL, 32399-2400, telephone [phone], or e-mail: [e-mail]. Further information and updates on development of this rule also may be obtained from the Department’s Internet site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC No. 08-1673)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.