Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 2, January 16, 2009 issue of the Florida Administrative Weekly.

62-346.071 Fees.

(1) through (5) No change.

(6) The fees in subsection (1) shall be increased on March 1, 2013, and at subsequent 5-year intervals, to adjust the fees for inflation ~~bring the fees up-to-date~~ using the percentage change in the ~~annual CPI average rate for each year of the five-year interval. The annual CPI average rate shall be calculated by averaging the previous five years of~~ Consumer Price Index ~~figures~~ for the “CPI-U, U.S. City Average, All Items” established 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). The Department shall use the percentage change in the Consumer Price Index from March 2008 to December 2012 for the 2013 fee calculations and the percentage change in the rates from March to December for subsequent five-year periods. The Department shall round any increased fees to the next highest whole ten dollar increment. In the event of deflation during the 5-year interval, the Department shall consult with the Executive Office of the Governor and the Legislature to determine whether downward fee adjustments are appropriate based on the current budget and appropriation considerations.

STATEMENT OF ESTIMATED REGULATORY COST: Based on receipt of a lower cost regulatory alternative, the Department has amended its SERC, which is available from the contact person.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED CHANGE IS: Jim Stoutamire, Florida Department of Environmental Protection, Division of Water Resource Management, 2600 Blair Stone Road, MS 3500, Tallahassee, FL 32399-2400, telephone (850)245-8490, or e-mail: Jim.Stoutamire@dep.state.fl.us. Further information and updates on development of this rule also may be obtained from the Department’s Internet site at: www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC # 08-1684).