28948406, 62-769.800 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 28948406

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

ABANDONED TANK RESTORATION PROGRAM

Overview

RULE:

62-769.800

Abandoned Tank Restoration Program

PURPOSE:

The Abandoned Tank Restoration Program (ATRP) rule incorporates an application and certification form for applicants plus a zero-charge coverage deductible for participating sites. The Division is not modifying the form or deductible and is only proposing to remove subsection 62-769.800(3), F.A.C., requiring the Department to review the rule every four years. The Department evaluated the rule and determined that section 376.305(6)(e), F.S., requires that sites participating in ATRP “are subject to a deductible as determined by rule”.

SUMMARY:

The Abandoned Tank Restoration Program (ATRP) rule incorporates an application and certification form for applicants plus a zero-charge coverage deductible for participating sites. The Department has determined that ss. 376.305(6)(e), Fla. Stat. requires Rule 62-769.800, F.A.C., stating that sites participating in ATRP are subject to a deductible as determined by rule, not to exceed $10,000. In addition, all forms must be adopted by rule so they are not subject to the four-year review requirement.

OTHER RULES INCORPORATING THIS RULE: There are no other rules incorporating this rule.

RULEMAKING AUTHORITY:

376.303, F.S.

LAW:

376.305, 376.3071, F.S.

PRINT PUBLISH DATE:

2/4/2025 Vol. 51/23

COMMENTS:

From 2/4/2025 To 2/25/2025 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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