Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SPB 7126
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/10/2014           .                                

       (Dean) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. (1) The rule proposed by the Department of
    6  Environmental Protection as rule 62-42.300, Florida
    7  Administrative Code, entitled "Minimum Flows and Levels and
    8  Recovery and Prevention Strategies," which was published on
    9  March 7, 2014, in the Florida Administrative Register, Vol. 40,
   10  No. 46, pages 1069-1071, and modified by a Notice of Change,
   11  published on April 8, 2014, in the Florida Administrative
   12  Register, Vol. 40, No. 68, page 1536, is exempt from
   13  ratification under s. 120.541(3), Florida Statutes.
   14         (2) This act serves no other purpose and shall not be
   15  codified in the Florida Statutes. At the time of filing this
   16  rule for adoption, or as soon thereafter as practicable, the
   17  department shall publish a notice of the enactment of this
   18  exemption in the Florida Administrative Register. This act does
   19  not alter rulemaking authority delegated by prior law and does
   20  not constitute legislative preemption of or exception to any
   21  other provision of law governing adoption or enforcement of the
   22  rule cited. This act does not cure any rulemaking defect or
   23  preempt any challenge based on a lack of authority or a
   24  violation of the legal requirements governing the adoption of
   25  any rule cited.
   26  	Section 2. This act shall take effect upon becoming a law.
   28  ================= T I T L E  A M E N D M E N T ================
   29  And the title is amended as follows:
   30         Delete everything before the enacting clause
   31  and insert:
   32                        A bill to be entitled                      
   33         An act relating to establishing minimum water flows
   34         and levels for water bodies; exempting specified rules
   35         from legislative ratification under s. 120.541(3),
   36         F.S.; requiring the Department of Environmental
   37         Protection to publish a certain notice; providing an
   38         effective date.
   40         WHEREAS, on March 7, 2014, the Department of Environmental
   41  Protection proposed rules 62-42.100 and 62-42.200, Florida
   42  Administrative Code, establishing the scope and definitions for
   43  minimum flows and levels adopted by the department, and rule 62
   44  42.300, Florida Administrative Code, establishing minimum flows
   45  and levels for the Lower Santa Fe and Ichetucknee Rivers and
   46  associated priority springs, and
   47         WHEREAS, on April 8, 2014, the department published a
   48  Notice of Change, modifying its proposed rule 62-42.300, Florida
   49  Administrative Code, establishing minimum flows and levels for
   50  the Lower Santa Fe and Ichetucknee Rivers and associated
   51  priority springs, and
   52         WHEREAS, such rules will implement the public policy
   53  established in s. 1, chapter 2013-229, Laws of Florida, and
   54  related laws authorizing the department to establish minimum
   55  flows and levels for water bodies that affect multiple water
   56  management districts, and
   57         WHEREAS, after adoption by the department, rule 62-42.300,
   58  Florida Administrative Code, requires legislative ratification
   59  pursuant to s. 120.541(3), Florida Statutes, and
   60         WHEREAS, a challenge filed in the Division of
   61  Administrative Hearings has delayed adoption of rule 62-42.300,
   62  Florida Administrative Code, by the department, making the rule
   63  unavailable for ratification during the 2014 Regular Session,
   64  and
   65         WHEREAS, it is important that these rules take effect as
   66  soon as possible so that associated flow protection rules can be
   67  implemented as soon as possible, and
   68         WHEREAS, exempting proposed rule 62-42.300, Florida
   69  Administrative Code, from legislative ratification will allow
   70  the rules, if otherwise valid, to become effective before the
   71  next opportunity for legislative ratification, NOW, THEREFORE,