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.
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
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 was published in the Florida Administrative Register (FAR) on September 13, 2013
A rule development workshop was held in Lake City on November 18, 2013. Documents presented at the workshop may be downloaded below.
A Rule Development Workshop was held in Gainesville, Florida on January 22, 2014. Documents presented at the workshop may be downloaded below.
Linda Ann Clemens, P.G. (firstname.lastname@example.org)
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: November 07, 2014