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MFL Rulemaking

The Department has proposed development of a new chapter of the Florida Administrative Code, Chapter 62-42, F.A.C., Minimum Flows and Levels. This new chapter will set forth rules establishing Minimum Flows and Levels (MFLs) adopted by the Department. This rulemaking will adopt MFLs and the regulatory portion of the associated recovery strategy for the Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs.

These MFLs have the potential to be affected by water withdrawals in both the Suwannee River Water Management District (SRWMD) and the St. Johns River Water Management District (SJRWMD). Adoption by the Department will allow both water management districts to apply these MFLs and the associated regulatory strategy, resulting in a streamlined rulemaking process.

Notice of Availability of Revised SERC, December 5, 2014

On November 24, 2014, the Department received a Lower Cost Regulatory Alternative in response to the Notice of Change published on November 7, 2014. The Department has prepared a revised Statement of Estimated Regulatory Costs (SERC), consisting of an addendum to the April 8, 2014 SERC. Notice of Availability of Revised SERC was published in the Florida Administrative Register on December 5, 2014.

Public Hearing, December 18, 2014

A public hearing on the changes proposed in the November 7, 2014 Notice of Change has been requested, and will be held as noticed as follows:

DATE AND TIME: December 18, 2014, 10:00 am
PLACE: Conference Room A, 3900 Commonwealth Blvd., Tallahassee, FL 32399

Notice of Change, November 7, 2014

The Department has published a Notice of Change. On November 7, 2014, a Notice of Change for Chapter 62-42, F.A.C. was published in the Florida Administrative Register. There is no change to the minimum flows or the regulatory provisions to implement them. This change is being made due to a finding by the Division of Administrative Hearings that proposed Rules 62-42.300(a) and 62-42.300(b) were vague. The proposed change only provides additional technical information as to the data used to establish the minimum flows.

September 11, 2014 Update

The Administrative Law Judge issued a ruling on September 11, 2014. He found that the two rules setting the river MFLs are vague because either the period of record or the technical source document for the flow duration curve used to set the MFLs was not referenced in the rule. He also found that the rest of proposed Chapter 62-42, including the springs MFLs and the recovery strategy are valid exercises of delegated legislative authority.

June 19, 2014 Update

The Department and Suwannee River Water Management District received two rule challenges to proposed Chapter 62-42, F.A.C., which sets forth the proposed MFLs. A hearing before an administrative law judge at the Division of Administrative Hearings concluded June 13, 2014. Outcome of the hearing is pending.

Notice of Change, April 8, 2014

The Department has published a Notice of Change. On April 8, 2014 a Notice of Change for Chapter 62-42, F.A.C. was published in the Florida Administrative Register. The proposed rule was revised based on comments received at the public hearing on the rule, which took place on April 3, 2014. The changes may be found in the incorporated materials referred to as Section 6.0 and entitled Supplemental Regulatory Measures. Specifically, the changes relate to regulatory requirements for consumptive use renewals and modifications with and without increases in allocation (Paragraphs 5.c)ii and 5.d)ii) and require that renewing users be limited to a permit of five years, unless, at their election, they will offset or eliminate their existing impact to the MFL water bodies in accordance with an implementation schedule included in their permit. Pursuant to section 120.541, F.S., the Department has prepared an updated revised Statement of Estimated Regulatory Costs (SERC) associated with this Notice of Change for Rule 62-42.300, F.A.C. The Notice of Change; Section 6.0, Supplemental Regulatory Measures; and the revised Statement of Estimated Regulatory Costs are available below.

Public Hearing April 3, 2014

A public hearing on the proposed rule was held in Live Oak, Florida on April 3, 2014
Workshop materials may be downloaded below:
Handouts

Presentations

Notice of Proposed Rule

A Notice of Proposed Rule for Chapter 62-42, F.A.C., was published in the Florida Administrative Register on March 7, 2014 and can be downloaded at the following link: http://www.FLRules.org/gateway/View_Notice.asp?id=14292094

Statement of Estimated Regulatory Costs

A Statement of Estimated Regulatory Costs (SERC) was prepared for proposed Rule 62-42.300, F.A.C. On March 20, 2014, a Lower Cost Regulatory Alternative was submitted to the Department. Pursuant to section 120.541, F.S., the Department has prepared a Statement of Estimated Regulatory Costs (SERCs) associated with the rulemaking for Rules 62-42.100 and 62-42.200, F.A.C., and a revised SERC associated with the rulemaking for Rule 62-42.300, F.A.C. A Notice of the Availability of SERCs and Revised SERC was published in the Florida Administrative Register on March 27, 2014. Additionally, an updated revised SERC has been prepared and a Notice of Availability of Revised SERC for Rule 62-42.300, F.A.C., was published on March 31, 2014. The latest versions of the SERCs are available below:

Notice of Rule Development

A Notice of Rule Development was published in the Florida Administrative Register (FAR) on September 13, 2013

Rule Development Workshop November 18, 2013

A rule development workshop was held in Lake City on November 18, 2013. Documents presented at the workshop may be downloaded below.


Handouts

Presentations

 Rule Development Workshop January 22, 2014


A Rule Development Workshop was held in Gainesville, Florida on January 22, 2014. Documents presented at the workshop may be downloaded below.

Handouts

Presentations

 

For Additional Information

For more information or to be added to a mailing list for rulemaking notices, please contact:

Linda Ann Clemens, P.G. (linda.clemens@dep.state.fl.us)
Florida Department of Environmental Protection
Office of Water Policy
3900 Commonwealth Blvd.
Tallahassee, FL 32399

Visit the Suwannee River Water Management District webpage for more information about the technical basis for the proposed MFL.

 

Last updated: December 09, 2014