Florida Senate - 2014                                    SB 1748
       By the Committee on Environmental Preservation and Conservation
       592-04179-14                                          20141748__
    1                        A bill to be entitled                      
    2         An act relating to establishing minimum water flows
    3         and levels for water bodies; exempting specified rules
    4         from legislative ratification under s. 120.541(3),
    5         F.S.; requiring the Department of Environmental
    6         Protection to publish a certain notice; providing an
    7         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  minimum flows and levels adopted by the department, and rule 62
   13  42.300, Florida Administrative Code, establishing minimum flows
   14  and levels for the Lower Santa Fe and Ichetucknee Rivers and
   15  associated priority springs, and
   16         WHEREAS, on April 8, 2014, the department published a
   17  Notice of Change, modifying its proposed rule 62-42.300, Florida
   18  Administrative Code, establishing minimum flows and levels for
   19  the Lower Santa Fe and Ichetucknee Rivers and associated
   20  priority springs, and
   21         WHEREAS, such rules will implement the public policy
   22  established in s. 1, chapter 2013-229, Laws of Florida, and
   23  related laws authorizing the department to establish minimum
   24  flows and levels for water bodies that affect multiple water
   25  management districts, and
   26         WHEREAS, after adoption by the department, rule 62-42.300,
   27  Florida Administrative Code, requires legislative ratification
   28  pursuant to s. 120.541(3), Florida Statutes, and
   29         WHEREAS, a challenge filed in the Division of
   30  Administrative Hearings has delayed adoption of rule 62-42.300,
   31  Florida Administrative Code, by the department, making the rule
   32  unavailable for ratification during the 2014 Regular Session,
   33  and
   34         WHEREAS, it is important that these rules take effect as
   35  soon as possible so that associated flow protection rules can be
   36  implemented as soon as possible, and
   37         WHEREAS, exempting proposed rule 62-42.300, Florida
   38  Administrative Code, from legislative ratification will allow
   39  the rules, if otherwise valid, to become effective before the
   40  next opportunity for legislative ratification, NOW, THEREFORE,
   42  Be It Enacted by the Legislature of the State of Florida:
   44         Section 1. (1) The rule proposed by the Department of
   45  Environmental Protection as rule 62-42.300, Florida
   46  Administrative Code, entitled “Minimum Flows and Levels and
   47  Recovery and Prevention Strategies,” which was published on
   48  March 7, 2014, in the Florida Administrative Register, Vol. 40,
   49  No. 46, pages 1069-1071, and modified by a Notice of Change,
   50  published on April 8, 2014, in the Florida Administrative
   51  Register, Vol. 40, No. 68, page 1536, is exempt from
   52  ratification under s. 120.541(3), Florida Statutes.
   53         (2) This act serves no other purpose and may not be
   54  codified in the Florida Statutes. At the time of filing this
   55  rule for adoption, or as soon thereafter as practicable, the
   56  department shall publish a notice of the enactment of this
   57  exemption in the Florida Administrative Register. This act does
   58  not alter rulemaking authority delegated by prior law and does
   59  not constitute legislative preemption of or exception to any
   60  other provision of law governing adoption or enforcement of the
   61  rule cited. This act does not cure any rulemaking defect or
   62  preempt any challenge based on a lack of authority or a
   63  violation of the legal requirements governing the adoption of
   64  any rule cited.
   65         Section 2. This act shall take effect upon becoming a law.