RULE NO: RULE TITLE
62-113.200: Delegation of Authority by Secretary
PURPOSE AND EFFECT: In accordance with Sections 373.026(7), 373.103, and 403.805, F.S., the Department proposes to delegate to the St. Johns River, Suwannee River, Southwest Florida, and South Florida Water Management Districts the authority to conform their rules establishing fees for environmental resource permit (ERP) program activities under Part IV of Chapter 373, F.S., with Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida. That legislation established a $250 minimum fee for noticed general permits and individual permits; a new $100 minimum fee, 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. These minimum fees will remain in place within each District for activities that are the responsibility of the Districts under the Operating Agreements between the Department and the Districts incorporated by reference in Chapter 62-113, F.A.C., until that District adopts a rule to adjust fees based on the inflation adjuster index. The legislation also required all fees under Part IV of Chapter 373, F.S., to be reviewed at least once every five years and adjusted 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. This authority is not being delegated to the Northwest Florida Water Management District because, in accordance with Section 373.4145, F.S., the District uses the Department’s rules to implement their responsibilities in the ERP program.
SUBJECT AREA TO BE ADDRESSED: Delegation of rulemaking authority to the St. Johns River, Suwannee River, Southwest Florida, and South Florida Water Management Districts to adopt and amend fees for activities conducted under Part IV of Chapter 373, F.S.
SPECIFIC AUTHORITY: 110.201, 120.53(1)(a), 373.046, 373.103, 373.309, 376.303, 403.061, 403.1815, 403.1823, 403.1832, 403.1838, 403.704 FS., SB 1294 (2008), Chapter 2008-150, Laws of Florida.
LAW IMPLEMENTED: 110.227, 120.53(1)(a), 373.046, 373.103, 373.308, 373.309, 373.4135, 403.088, 403.1821 through 403.1838 FS., SB 1294 (2008), Chapter 2008-150, Laws of Florida.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, MS 2500, Tallahassee, FL, 32399-2400, telephone (850)245-8483, or e-mail: Mary.VanTassel@dep.state.fl.us. Further information and updates on development of this rule also may be obtained from the Department’s Internet site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC #08-1687)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.