10513556, 18-14.004 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10513556

Notice of Proposed Rule

Department:

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

Chapter:

ADMINISTRATIVE FINES FOR DAMAGING STATE LANDS OR PRODUCTS THEREOF

Overview

RULE:

18-14.004

Applicability (Repealed)

PURPOSE:

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

SUMMARY:

Chapter 18-14, F.A.C., “Administrative Fines For Damaging State Lands or Products Thereof,” provides for the imposition of fines against a person who willfully damages state land, willfully damages or removes products from state land in violation of state or federal law, or knowingly refuses to comply with or willfully violates the provisions of Chapter 253, F.S. Rule 18-14.004, F.A.C., provides that an activity authorized by the Board of Trustees and conducted in conformance with Board of Trustees’ authorization is not a violation. The rule is unnecessary as the chapter is predicated on a violation of Chapter 253, F.S., or a violation of Board of Trustees’ authority.
This rule is also part of proposed amendments to the entire chapter that were published in the November 24, 2010, Florida Administrative Weekly. In January, the Governor required agencies to review their rules to determine whether any could be repealed as unnecessary or no longer needed. The Department is now proposing to repeal 18-21.004, F.A.C. Therefore, depending on the timing of adopting the proposed rule and repeal of Rule 18-14.004, F.A.C., whichever action occurs first will determine how the other is handled. If this repeal precedes the amendments to Chapter 18-14, F.A.C., then the Department will publish a notice withdrawing Rule 18-14.004, F.A.C., from that rulemaking prior to filing those amendments for adoption.
OTHER RULES INCORPORATING THIS RULE: Chapter 18-14, F.A.C., is incorporated by specific reference in paragraph 18-21.004(7)(c), subparagraphs 18-21.008(1)(b)3. and 18-21.008(1)(b)4., F.A.C., sub-subparagraphs 18-21.008(1)(b)5.a. and 18-21.008(1)(b)5.b., F.A.C., and paragraphs 18-21.021(2)(c), 18-21.021(4)(b), and 18-21.021(6)(f), F.A.C.
EFFECT ON THOSE OTHER RULES: The amendments to Chapter 18-14, F.A.C., have no effect on the above referenced rules.

RULEMAKING AUTHORITY:

253.04(2) FS.

LAW:

253.04 FS.

PRINT PUBLISH DATE:

11/23/2011 Vol. 37/47

COMMENTS:

From 11/23/2011 To 12/14/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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