Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Beaches and Coastal Systems
RULE NO.: RULE TITLE:
62B-33.007: Structural and Other Requirements Necessary for Permit Approval
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as no longer necessary.
SUMMARY: This rule repeal reflects changes to the Florida Statues [Section 161.053(21), F.S., Effective March 1, 2002], incorporating structural design requirements, contained in Rule 62B-33.007, F.A.C., into the Florida Building Code (Section 3109) for structures located seaward of the coastal construction control line.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule repeal will not increase regulatory cost because it eliminates duplicative regulation.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 161.053 FS.
LAW IMPLEMENTED: 161.052(2), 161.053 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 14, 2011, 2:00 p.m.
PLACE: Bureau of Beaches and Coastal Systems, 4708 Capital Circle, N.W., Tallahassee, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Rosaline Beckham, Environmental Specialist, (850)488-7815, e-mail rosaline.beckham@dep.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rosaline Beckham, Environmental Specialist, (850)488-7815, e-mail rosaline.beckham@dep.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

62B-33.007 Structural and Other Requirements Necessary for Permit Approval.

Rulemaking Specific Authority 161.053 FS. Law Implemented 161.052(2), 161.053 FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.07, Amended 5-12-92, Formerly 16B-33.007, Amended 9-12-96, 1-26-98, 8-27-00, 12-31-01, 6-13-04, 5-31-07, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson, P.E., Director, Division of Water Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011