Florida Senate - 2013         (PROPOSED COMMITTEE BILL) SPB 7036
       
       
       
       FOR CONSIDERATION By the Committee on Environmental Preservation
       and Conservation
       
       
       
       592-02508B-13                                         20137036__
    1                        A bill to be entitled                      
    2         An act relating to total maximum daily loads; amending
    3         s. 403.067, F.S.; exempting total maximum daily load
    4         rules from legislative ratification; providing an
    5         effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Paragraph (c) of subsection (6) of section
   10  403.067, Florida Statutes, is amended to read:
   11         403.067 Establishment and implementation of total maximum
   12  daily loads.—
   13         (6) CALCULATION AND ALLOCATION.—
   14         (c) Adoption of rules. The total maximum daily load
   15  calculations and allocations established under this subsection
   16  for each water body or water body segment shall be adopted by
   17  rule by the secretary pursuant to ss. 120.536(1), 120.54, and
   18  403.805. Where additional data collection and analysis are
   19  needed to increase the scientific precision and accuracy of the
   20  total maximum daily load, the department is authorized to adopt
   21  phased total maximum daily loads that are subject to change as
   22  additional data becomes available. Where phased total maximum
   23  daily loads are proposed, the department shall, in the detailed
   24  statement of facts and circumstances justifying the rule,
   25  explain why the data are inadequate so as to justify a phased
   26  total maximum daily load. The rules adopted pursuant to this
   27  paragraph are shall not be subject to approval by the
   28  Environmental Regulation Commission and are not subject to the
   29  provisions of s. 120.541(3). As part of the rule development
   30  process, the department shall hold at least one public workshop
   31  in the vicinity of the water body or water body segment for
   32  which the total maximum daily load is being developed. Notice of
   33  the public workshop shall be published not less than 5 days nor
   34  more than 15 days before the public workshop in a newspaper of
   35  general circulation in the county or counties containing the
   36  water bodies or water body segments for which the total maximum
   37  daily load calculation and allocation are being developed.
   38         Section 2. This act shall take effect July 1, 2013.