6765864, 40E-1.607 - Florida Administrative Rules, Law, Code, Register

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Notice: 6765864

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

GENERAL AND PROCEDURAL

Overview

RULE:

40E-1.607

Permit Application Processing Fees

PURPOSE:

This rulemaking was initiated after the recent statutory amendments to Section 373.109, Fla. Stat., enacted pursuant to Section 18 of Senate Bill 1294 (2008), (Chapter 2008-150, Laws of Florida). Subsequent to the enactment of these statutory amendments, the Florida Department of Environmental Protection (Department) proposed in Rule 62-113.200, F.A.C., the delegation of its authority to implement the statutory amendments to the water management districts. There are three categories of revisions proposed in Rule 40E-1.607, F.A.C. The first is to reflect upward adjustments to fees based on CPI. The second is to reflect new categories of fees authorized pursuant to Subsections 373.109(b)-(d), Fla. Stat. The third is an adjustment in fees to more accurately reflect the costs of “processing, monitoring, and inspecting for compliance.”
As required by Section 373.109, Fla. Stat., and Rule 62-113.200, F.A.C., the proposed rule provides for the District to adjust all of the fees to reflect at a minimum, any upward adjustment in the Consumer Price Index (CPI) adopted by the United States Department of Labor since the most recently revised fee increase, and identifies the inflation index used for making the fee adjustments. The proposed actual upward adjustments appear on Tables 40E-1.607(3)(a), (3)(b), and (5), F.A.C. The inflation index, designated by the Department, used for making all fee adjustments is the price paid by all urban consumers for a market basket of consumer goods and services; specifically, the CPI figures for the “CPI-U, U.S. City Average, All Items” established for the previous five years by the Bureau of Labor Statistics (BLS) (www.bls.gov/cpi/), computed as provided in the BLS publication “Handbook of Methods”, Chapter 17 (www.bls.gov/opub/hom/pdf/homch17.pdf).
These statutory amendments and proposed delegation also require increases in permit application fees and new fees under the Environment Resource Permit program of Part IV, Chapter 373, Fla. Stat.: (1) pursuant to the requirements of Subsection 373.109(1)(b), Fla. Stat., fees for noticed general permits pursuant to Chapter 40E-400, F.A.C., are increased from $100 to $250; (2) pursuant to Subsection 373.109(1)(c), Fla. Stat., a new $100 fee to verify qualification for an exemption from regulation under Part IV of Chapter 373, Fla. Stat.; and (3) pursuant to Subsection 373.109(1)(d), Fla. Stat., a new $500 fee to conduct an informal wetland boundary determination.
In order to recover a larger portion of the cost to the District to process, monitor and inspect for compliance, the District is also proposing additional adjustments to fees for Individual Permits and modifications for non-agricultural projects (including mitigation banks), Standard General Permits and General Permits for non-agricultural projects both new and modified, Dredge and Fill Permits both Short Form and Standard, Formal Wetland Determinations (including modified categories), Property Transfers, Individual Operations, Early Work, Environmental Resource and Surface Water Management letter modifications, Environmental Restoration Enhancements and Variances under Chapters 120 and 403, Fla. Stat. The District is also proposing a new $100 fee to process No Notice General Permits pursuant to Rules 40E-400.315 and 40E-400.316, F.A.C., and a new $500 fee to process permit extensions.

SUBJECT:

New fees for activities conducted under Part IV of Chapter 373, F.S., and adjustments to all fees to reflect inflation and costs to process, monitor and inspect for compliance.

RULEMAKING AUTHORITY:

373.044, 373.109, 373.113, 373.421(2), 373.421(6)(b), 403.201 FS.

LAW:

218.075, 373.016(5), 373.103, 373.109, 373.4135, 373.421(2), 373.421(6)(b), 403.201 FS.

PRINT PUBLISH DATE:

2/13/2009 Vol. 35/06

RELATED STATUTES
AND LAWS:

373.044, 373.109, 373.113, 373.421(2), 373.421(6)(b), 403.201 FS., 218.075, 373.016(5), 373.103, 373.109, 373.4135, 373.421(2), 373.421(6)(b), 403.201 FS.

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=40E-1.607&PDate=2/13/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

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