Purpose


To repeal a rule and the six forms incorporated therein that were reviewed during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary. At that time, it was determined that four of the forms were obsolete, one possibly should be amended, and one should be retained. However, since that time, it has been determined that all of Forms 62-312.900(1) through (6) are obsolete and no longer needed. Form 62-312.900(1) Joint Application for Works in the Waters of Florida, October 30, 1991 – This application applied only in the geographical territory of the Northwest Florida Water Management District. It was replaced by adoption of a Joint Application in the new Chapter 62-346, F.A.C., effective October 1, 2007, which was subsequently replaced by the Joint Application form adopted in Chapter 62-330, F.A.C., that applies state-wide, effective October 1, 2013. Therefore, this form is no longer needed. After repeal of this rule, other rules incorporating the repealed rule will be revised. Form 62-312.900(2) Joint U.S. Army Corps of Engineers/Florida Department of Environmental Protection Emergency Permit, November 30, 1982 – This form is replaced by an emergency field authorization in Chapter 62-330, F.A.C., effective October 1, 2013. Form 62-312.900(3) Recognition of Jurisdiction Under Chapters 253 and 403, Florida Statutes, November 30, 1982 – This is an acknowledgement that a proposed action is subject to review under these chapters in lieu of the Department requiring a mean high water line survey, which was optional and is not required. It is now considered unnecessary. Form 62-312.900(4) Application Guide for Deepwater Port Maintenance Dredging and Disposal 25-Year Permit, March 31, 1984, and its associated Deepwater Ports Maintenance Dredging Manual were last used in 1987 and are obsolete. Maintenance dredging, as addressed in Section 403.816, F.S., is now conducted under an exemption in Section 403.813(1)(f) or (3), F.S., or under an Environmental Resource Permit under Part IV of Chapter 373, F.S. Form 62-312.900(5) Application for Long-Term Permits, October 16, 1984 – This form is no longer needed as it is replaced by the permits under Chapter 62-330, F.A.C. Form 62-312.900(6) Notice of Intent to Construct Works Pursuant to a Wetland Resource General Permit, October 30, 1991 – This form is no longer needed as it is replaced by Form 62-330.402(1), “Notice of Intent to Use an Environmental Resource General Permit,” adopted in Chapter 62-330, F.A.C., effective October 1, 2013. These forms are preserved for grandfathered activities. Entities who qualify for grandfathering under Section 373.4145(6)(b), F.S., applicants for permits for activities associated with certain mining operations under Section 373.414(15), F.S., and other entities qualifying for grandfathering under Sections 373.414 (11), (12), (13), (14), and (16), F.S., can continue to use this rule because, even if repealed, it is preserved as of the dates it existed in these statutory sections.