11592099, 5M-15.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11592099

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Water Policy

Chapter:

Procedures for Binding Determinations of Agricultural Exemptions

Overview

RULE:

5M-15.001	Definitions
5M-15.002	Dispute Regarding Exemption
5M-15.003	Eligibility for a Binding Determination
5M-15.004	Documentation of Dispute
5M-15.005	Exemption Criteria
5M-15.006	Binding Determination Process
5M-15.007	Final Agency Action
5M-15.008	Final Agency Action

PURPOSE:

Pursuant to Section 373.407, Florida Statutes this rulemaking proposes to develop definitions and procedures by which the Department will make binding determinations about whether activities, which alter the topography of land, are or are not exempt from Environmental Resource Permitting requirements of Chapter 373, Florida Statutes.

SUMMARY:

The proposed rule establishes procedures that the Department will use to render binding written opinions, when requested, as to whether or not an agricultural activity is exempt under Section 373.406(2), F.S. The Department’s opinion will ultimately affect whether or not agricultural operations that have a valid dispute need to obtain an Environmental Resource Permit.

RULEMAKING AUTHORITY:

373.407, 570.02(23) FS.

LAW:

373.406(2), 373.407 FS.

PRINT PUBLISH DATE:

6/15/2012 Vol. 38/24

COMMENTS:

From 6/15/2012 To 7/6/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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