Amendments to this rule chapter implement the provisions of the Florida Electrical Power Plant Siting Act, update and conform the rule to changes made in the Statute (403.501 - 403.518, Florida Statutes), and reorganize the rule to clarify the procedural process described in the rule.

     Section .050 was repealed and replaced with the agency statement found on the Department’s web page. Section .150 was repealed and replaced with Rule 62-110.106. Section .155 was repealed and replaced with rules 62-110.106, 28-106.201, and 28-106.301. Section .200 was repealed and most of this section was replaced by Rule 28-106.217 and the remainder of the section was no longer needed. Section .510 was repealed and replaced by rule 28-105.002.

     Section .040 was repealed because the provisions for notice of rulemaking hearing requirements are either not used, or are already part of the rulemaking requirements of Chapter 120, Florida Statutes. Section .050 was repealed because the provision is either unnecessary or is superseded by Rule 62-110.103(2), Florida Administrative Code. Section .070 was repealed because it was superseded by Rule 62-110.103(3), Florida Administrative Code.

     The subject of this rule amendment concerns the areas around both the Orlando Utilities Commission (OUC) and Florida Power and Light (FPL) power plants which are designated as an Idle Speed zone from November 15 - March 31 and as a Slow Speed zone during the remainder of the year. The area around the OUC power plant is amended to add a combination of Motorboats Prohibited and No Entry zones that will be in effect from November 15 - March 31. A seasonal No Entry zone is being established at the FPL power plant. The change will provide manatees with areas where they can rest and sleep without being disturbed or harassed by human activity. Employees and agents of OUC and FPL will be allowed access to the zones adjacent to their respective power plants in order to perform activities associated with power plant maintenance, emergency operations or environmental monitoring.

     There were three separate rule amendments filed and effective in December, 1998. The amendments reclassified the Myakka River shellfish harvesting area (#60), the West Bay shellfish harvesting area (#08), and the Pine Island Sound shellfish harvesting area (#62).

PERMITS - Chapter 62-4, Florida Administrative Code

     The Department has determined that there is no statutory authority under either Chapter 403 or Chapter 373, Florida Statutes, for an exemption to the permit processing fee rule for state agencies, water management districts and the U.S. Army Corps of Engineers. The Department repealed the section in this chapter pertaining to this exemption.

     Revisions to this chapter adopt and incorporate by reference revised operating agreements between the Department and the South Florida Water Management District, the Suwannee River Water Management District, the Southwest Florida Water Management District, and the St. Johns River Water Management District regarding activities regulated under part IV of chapter 373 of the Florida Statutes. Subsection 62-113.100(3) lists specific operating agreements between the Department and the above water management districts (Districts). These revised agreements will supersede existing agreements currently listed in paragraphs 62-113.100(3)(e), (k), (p), and (t) between the Department and the Districts concerning the division of regulatory responsibility under part IV of Chapter 373 of the Florida Statutes.

     Section 403.1838, Florida Statutes, gives the Department authority to promulgate this rule to implement a rural hardship community grant program and a financially disadvantaged small community grant program.

     Section 403.1836, Florida Statutes, authorizes State Revolving Fund (SRF) funding for stormwater facilities, using a portion of the moneys available for wastewater management facilities under the program authorized under section 403.1835, Florida Statutes. This chapter will implement a low-interest rate loan program to finance stormwater management facilities. The rule will establish the nature of the organizational entities that may participate in the SRF program; the availability of program capitalization; allowable project costs; allowances in lieu of reimbursement for the costs of engineering services performed before construction bid opening and allowances in lieu of the costs of administrative activities; a set-aside of funds for small communities; prerequisites for loan funding; annual loan limitations; project priorities; the process by which prioritized projects receive yearly commitments for funding; loan terms including interest rate, pledged revenue coverage, loan repayment reserve, and loan repayment; requirements for planning, design, and construction; and requirements for the continuing obligations of the Department and the loan recipient after loan agreements are executed.

     Amendments to this chapter reclassify the Ochlockonee Bay shellfish harvesting area (#20), decreasing the size of the conditionally approved area by 499 acres, from 3,154 acres to 2,655 acres; establish a conditionally restricted area of 1,050 acres; remove a restricted area of 3,204 acres; and decrease the size of the prohibited area by 42 acres, from 1,092 acres to 1,050 acres. The amendments place descriptions and, references to shellfish harvesting area map numbers, and operating criteria for the Ochlockonee Bay shellfish harvesting area in the document "Shellfish Harvesting Area-Classification Boundaries and Management Plans," last revised on August 26, 1998. The four-digit harvest area codes used on harvester tags to identify the area in which shellfish are harvested were changed for Ochlockonee Bay. The code number 2006 was inserted in 62R7-.010(3)(e) for the Ochlockonee Bay conditionally restricted area.