Division of Administrative Hearings, Florida
Filed: Apr. 11, 2014
The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.
