The proposed rule would remove the requirement for a fee change each year.  

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    BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

    RULE NO.:RULE TITLE:

    18-21.022Payments and Fees for Aquacultural Activities

    PURPOSE AND EFFECT: The proposed rule would remove the requirement for a fee change each year.

    SUMMARY: Currently, the Agency is required to implement a change to the fee for aquacultural activities every year. The proposed rule will change the language to remove that requirement and make it an option.

    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: 253.03, 253.73 F.S.

    LAW IMPLEMENTED: 253.002, 253.03, 253.04, 253.67-.75, 253.77, 597.010 F.S.

    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: Portia Sapp by email at Portia.Sapp@FDACS.gov.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    18-21.022 Payments and Fees for Aquacultural Activities.

    (1) through (3) No change.

    (4) The annual fee may shall be revised March 1 of each year and increased or decreased based on the average change over time in the price paid by all urban consumers for a market basket of consumer goods and services. In determining the change, the Board will annually consult the Consumer Price Index figures established for the previous five years by the Bureau of Labor Statistics, computed as provided in the BLS Publication “Handbook of Methods,” Chapter 17, June 2007, which is hereby adopted and incorporated by reference and may be obtained on the Internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-10655 or by writing to the Division of Aquaculture at 600 S. Calhoun Street, Suite 217, Tallahassee, Florida 32399. There shall be a 10 percent cap on any annual increase.

    (5) through (8) No change.

    Rulemaking Authority 253.03(7), (11), 253.73 FS. Law Implemented 253.002, 253.03, 253.04, 253.67-.75, 253.77, 597.010 FS. History–New 9-1-09, Amended 7-10-19, ___________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Portia Sapp

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 07/26/2023

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 08/01/2023

Document Information

Comments Open:
8/8/2023
Summary:
Currently, the Agency is required to implement a change to the fee for aquacultural activities every year. The proposed rule will change the language to remove that requirement and make it an option.
Purpose:
The proposed rule would remove the requirement for a fee change each year.
Rulemaking Authority:
253.03, 253.73 F.S.
Law:
253.002, 253.03, 253.04, 253.67-.75, 253.77, 597.010 F.S.
Related Rules: (1)
18-21.022. Payments and Fees for Aquacultural Activities