HOUSE AMENDMENT

                                           Bill No. CS for SB 1440

    Amendment No. 2a (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Carlton offered the following:

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13         Amendment to Amendment (465577) (with title amendment) 

14         On page 114, between lines 7 & 8, of the amendment

15

16  insert:

17         Section 1.  Present subsections (15) through (30) of

18  section 334.044, Florida Statutes, are renumbered as

19  subsections (16) through (31), respectively, and a new

20  subsection (15) is added to that section, to read:

21         334.044  Department; powers and duties.--The department

22  shall have the following general powers and duties:

23         (15)  To regulate and prescribe conditions for the

24  transfer of stormwater to the state right-of-way as a result

25  of man-made changes to adjacent properties.

26         (a)  Such regulation shall be through a permitting

27  process designed to ensure the safety and integrity of the

28  Department of Transportation facilities and to prevent an

29  unreasonable burden on lower properties.

30         (b)  The department is specifically authorized to adopt

31  rules which set forth the purpose, necessary definitions,

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    File original & 9 copies    04/29/98
    hbd0001                     10:15 am         01440-0070-651971




                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1440

    Amendment No. 2a (for drafter's use only)





 1  permit exceptions, permit and assurance requirements, permit

 2  application procedures, permit forms, general conditions for a

 3  drainage permit, provisions for suspension or revocation of a

 4  permit, and provisions for department recovery of fines,

 5  penalties and costs incurred due to permittee actions.  In

 6  order to avoid duplication and overlap with other units of

 7  government, the department shall accept a surface water

 8  management permit issued by a water management district, the

 9  Department of Environmental Protection, a surface water

10  management permit issued by a delegated local government or a

11  permit issued pursuant to an approved Stormwater Management

12  Plan or Master Drainage Plan; provided issuance is based on

13  requirements equal to or more stringent than those of the

14  department.

15         Section 2.  Subsection (15) of section 334.044, Florida

16  Statutes, as created by section 1 of Committee Substitute for

17  Senate Bill 846 as enacted by the Legislature during 1998

18  Regular Session is repealed.

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21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:  On page 116, line 31;

23  after the semicolon ";"

24

25  insert:

26         amending s. 334.044, F.S.; providing specific

27         rule-making authority; repealing s.

28         334.044(15), F.S., relating to certain

29         rulemaking authority;

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    File original & 9 copies    04/29/98
    hbd0001                     10:15 am         01440-0070-651971