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. 8 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, 35 36 Be It Enacted by the Legislature of the State of Florida: 37 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.