5787231, 62-346.071 - Florida Administrative Rules, Law, Code, Register

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Notice: 5787231

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

Environmental Resource Permitting in Northwest Florida

Overview

RULE:

62-346.071

Fees (Repealed)

PURPOSE:

The Department is initiating rule development to amend the fee schedule in Rule 62-346.071, F.A.C., for environmental resource permit program activities under Part IV of Chapter 373, F.S., within the geographic area of the Northwest Florida Water Management District (“the Panhandle”). This rulemaking has two primary objectives. First, it will conform the rule with Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida, which established a new $250 minimum fee for noticed general permits and individual permits; a new minimum fee of $100, not to exceed $500, to verify qualification for an exemption; and a new $100 minimum fee, not to exceed $500, to conduct an informal wetland boundary determination. The new and minimum fees described above automatically go into effect on July 1, 2008, and remain in effect until the Department adopts new fees by rule. The new fees and the minimum fees required by the legislation will be reflected in associated rulemaking to adopt the second phase of the environmental resource permit program in the Panhandle in accordance with Section 373.4145(1)(b), F.S.
Secondly, the legislation requires the Department to review all fees authorized under Part IV of Chapter 373, F.S., at least once every five years and adjust the fees to reflect changes in the rate of inflation since the time each fee was established or most recently revised. This includes a requirement to adopt by rule the inflation index or indices to be used for making all fee adjustments.
These fees will be binding on applications and notices for environmental resource permit activities under Part IV of Chapter 373, F.S., reviewed and acted upon by the Department or the Northwest Florida Water Management District, in accordance with the division of responsibilities established by the Operating Agreement in Chapter 62-113, F.A.C.

SUBJECT:

New fees, minimum fees, and adjustments to all fees to reflect inflation, for activities conducted under Part IV of Chapter 373, F.S., within the Panhandle.

RULEMAKING AUTHORITY:

373.026(7), 373.043, 373.4145, 373.418, 403.508(1) FS., SB 1294 (2008), Chapter 2008-150, Laws of Florida.

LAW:

218.075, 373.109, 373.118, 373.406, 373.414, 373.4145, 403.813, 373.418, 373.421 FS., SB 1294 (2008), Chapter 2008-150, Laws of Florida.

PRINT PUBLISH DATE:

6/27/2008 Vol. 34/26

RELATED STATUTES
AND LAWS:

373.026(7), 373.043, 373.4145, 373.418, 403.508(1) FS., SB 1294 (2008), Chapter 2008-150, Laws of Florida., 218.075, 373.109, 373.118, 373.406, 373.414, 373.4145, 403.813, 373.418, 373.421 FS., SB 1294 (2008), Chapter 2008-150, Laws of Florida.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=62-346.071&PDate=6/27/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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