Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of State Lands
RULE NO.: RULE TITLE:
62Q-15.013: Management and Sale of RICO Lands
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 duplicitive, unnecessarily burdensome or no longer necessary.
SUMMARY: This rule provides for the management and sale of RICO parcels owned by the Board of Trustees of the Internal Improvement Trust Fund. Because the Board of Trustees no longer owns any RICO parcels and parcels are no longer being forfeited to the state under the Florida RICO Act (ss. 895.01-895.09, F.S.), the rule may be repealed. After repeal of this rule, if the Board of Trustees does acquire a future parcel under the RICO Act, management and disposition of that parcel would be governed by Section 253.03(12), F.S., and Chapter 18-2, F.A.C., and the distribution of the sales proceeds would be governed by Section 253.03(12), F.S.
OTHER RULES INCORPORATING THIS RULE: None
EFFECT ON THOSE OTHER RULES: None
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: Repealing this unnecessary rule will not have an adverse impact or impose a regulatory cost.
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: 253.03(7) FS.
LAW IMPLEMENTED: 253.03(7), (12) 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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 18, 2012, 10:00 a.m.
PLACE: Conference Room A, First Floor, Douglas Building, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399
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 3 days before the workshop/meeting by contacting: Karri MacInnes, Government Operations Consultant I, Division of State Lands, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 100, Tallahassee, FL 32399-3000, telephone: (850)245-2555, email: karri.macinnes@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: Karri MacInnes, Government Operations Consultant I, Division of State Lands, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS100, Tallahassee, FL 32399-3000, telephone: (850)245-2555, email: karri.macinnes@dep.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

62Q-15.013 Management and Sale of RICO Lands.

Rulemaking Specific Authority 253.03(7) FS. Law Implemented 253.03(7), (12) 253.03(7), (13), (15) FS. History–New 2-4-86, Formerly 16Q-15.013, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Clay Smallwood, Division Director, Division of State Lands
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011