A stealth bill slipped through the Legislature with little notice or debate could have the effect of blocking almost every agency rule necessary to protect Florida’s environment.  All agencies, including the Department of Environmental Protection, Department of Community Affairs, and Water Management Districts will be hobbled in carrying out their duties unless Governor Charlie Crist vetoes HB 1565.

Florida’s environmental and growth management laws work by setting out general policy, then directing agencies to implement that policy by adopting rules under a process established in Florida’s Administrative Procedures Act. There are already many safeguards in place to assure that these agency rules are consistent with the laws the Legislature has adopted. For example, each draft rule must be reviewed by the Legislature’s “Joint Administrative Procedures Committee” which regularly makes recommendations that are reflected in the final adopted regulations. Affected parties can also challenge the validity of rules, by appealing to an independent Administrative Law Judge to determine if the agency has, in fact, adopted rules inconsistent with the underlying legislation.

HB 1565 would add layers of process and a near-certain requirement that each agency rule be returned to the Legislature itself for ratification. All new rules would be subject to a costly economic analysis requiring state agencies to hire outside consultants to compare proposed rules to similar regulatory requirements in all 50 states.

Any rule having a possible economic cost to private business of $1 million dollars in any 5 year period would require ratification by the Legislature. In other words, the rule would not become effective until a bill ratifying it was passed in the Legislature.  This would cause every agency rule to fall prey to lobbyists paid by special interests for the sole purpose of blocking rule ratification.

Florida’s environmental agencies have reported to the Governor’s office that virtually all rules adopted concerning environmental, growth management, water management, and related issues will “trip the threshold” requiring legislative ratification. This will virtually shut down rulemakng on important topics such as water quality standards, minimum flows and levels for Florida’s lakes and rivers, water conservation, and much more.

Read Audubon of Florida's letter urging Governor Charlie Crist to Veto this dangerous bill.

Please TAKE ACTION NOW: Urge Governor Charlie Crist to VETO HB 1565.