Section 1.

Section 403.061 is amended to read as follows:

403.061 Department; powers and duties.-- The

department shall have the power and the duty to control and

prohibit pollution of air and water in accordance with the

law and rules and regulations adopted and promulgated by it

and, for this purpose, to:

(27)(a) Establish rules which provide for a special

category of water bodies within the state, to be referred to

as "Outstanding Florida Waters," which water bodies shall be

worthy of special protection because of their natural

attributes. Nothing ,in this subsection shall affect any

existing rule of the department.

(b) Waters within aquatic preserves may be designated

as Outstanding Florida Waters only where the Environmental

Regulation Commission determines that the natural attributes

of such waters are of exceptional recreational or ecological

significance pursuant to the procedures established by rules

for designating special waters as Outstanding Florida

Waters.

(c) On or after July 1, 1987, and notwithstanding the

other provisions of this paragraph, waters may be designated

as Outstanding Florida waters only upon affirmative approval

by the Legislature.