Florida Senate - 2014         (PROPOSED COMMITTEE BILL) SPB 7126
       FOR CONSIDERATION By the Committee on Environmental Preservation
       and Conservation
       592-02956-14                                          20147126__
    1                        A bill to be entitled                      
    2         An act relating to rules establishing minimum water
    3         flows and levels for water bodies; exempting specified
    4         rules from legislative ratification under s.
    5         120.541(3), F.S.; requiring the Department of
    6         Environmental Protection to publish a certain notice;
    7         providing an effective date.
    9         WHEREAS, on March 7, 2014, the Department of Environmental
   10  Protection, proposed rules 62-42.100 and 62-42.200, Florida
   11  Administrative Code, establishing the scope and definitions for
   12  department-adopted Minimum Flows and Levels (MFLs), and rule 62
   13  42.300, Florida Administrative Code, establishing MFLs for the
   14  Lower Santa Fe and Ichetucknee Rivers and associated priority
   15  springs, and
   16         WHEREAS, such rules will implement the public policy
   17  established in section 1, Chapter 2013-229, Laws of Florida, and
   18  related laws authorizing the department to establish MFLs for
   19  water bodies that affect multiple water management districts,
   20  and
   21         WHEREAS, after adoption by the department, rule 62-42.300,
   22  Florida Administrative Code, requires legislative ratification
   23  pursuant to s. 120.541(3), Florida Statutes, and
   24         WHEREAS, procedures required under the Administrative
   25  Procedures Act may delay adoption of the rule by the department,
   26  making the rule unavailable for ratification during the 2014
   27  Regular Session, and
   28         WHEREAS, it is important that these rules take effect as
   29  soon as possible so that associated flow protection rules can be
   30  timely implemented, and
   31         WHEREAS, exempting proposed rule 62-42.300, Florida
   32  Administrative Code, from legislative ratification will allow
   33  the rule, if otherwise valid, to become effective before the
   34  next opportunity for legislative ratification, NOW, THEREFORE,
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. (1) The rule proposed by the Department of
   39  Environmental Protection as rule 62-42.300, Florida
   40  Administrative Code, entitled “Minimum Flows and Levels and
   41  Recovery and Prevention Strategies,” which was published on
   42  March 7, 2014, in the Florida Administrative Register, Vol. 40,
   43  No. 46, pages 1069-1071, is exempt from the ratification
   44  requirement imposed under s. 120.541(3), Florida Statutes.
   45         (2) This act serves no other purpose and may not be
   46  codified in the Florida Statutes. At the time of filing this
   47  rule for adoption, or as soon thereafter as practicable, the
   48  department shall publish a notice of the enactment of this
   49  exemption in the Florida Administrative Register. This act does
   50  not alter rulemaking authority delegated by prior law, does not
   51  constitute legislative preemption of, or exception to, any other
   52  provision of law governing adoption or enforcement of the rule
   53  cited. This act does not cure any rulemaking defect or preempt
   54  any challenge based on a lack of authority or a violation of the
   55  legal requirements governing the adoption of any rule cited.
   56         Section 2. This act shall take effect upon becoming a law.