CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                     Bill No. CS/HB 2145, 1st Eng.

    Amendment No. 5 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Alexander offered the following:

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13         Amendment 

14         On page 13, line 15, through page 17, line 16,

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:

18         Section 8.  Subsections (2) and (6) of section 20.255,

19  Florida Statutes, 1998 Supplement, are amended, and new

20  subsections (7), (8), and (9) are added, and current

21  subsection (7) is renumbered subsection (10) in said section,

22  to read:

23         20.255  Department of Environmental Protection.--There

24  is created a Department of Environmental Protection.

25         (2)(a)  There shall be two deputy secretaries and an

26  executive coordinator for ecosystem management who are to be

27  appointed by and shall serve at the pleasure of the secretary.

28  The secretary may assign either deputy secretary the

29  responsibility to supervise, coordinate, and formulate policy

30  for any division, office, or district. The following special

31  offices are established and headed by managers, each of whom

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                                                   HOUSE AMENDMENT

                                     Bill No. CS/HB 2145, 1st Eng.

    Amendment No. 5 (for drafter's use only)





 1  is to be appointed by and serve at the pleasure of the

 2  secretary:

 3         1.  Office of General Counsel,

 4         2.  Office of Inspector General,

 5         3.  Office of Communication, the latter including

 6  public information, legislative liaison, cabinet liaison and

 7  special projects,

 8         4.  Office of Water Policy,

 9         5.  Office of Intergovernmental Programs,

10         6.  Office of Ecosystem Planning and Coordination,

11         7.  Office of Environmental Education, and an

12         8.  Office of Greenways and Trails., and an Office of

13  the Youth Corps.

14         (b)  The executive coordinator for ecosystem management

15  shall coordinate policy within the department to assure the

16  implementation of the ecosystem management provisions of

17  chapter 93-213, Laws of Florida. The executive coordinator for

18  ecosystem management shall supervise only the Office of Water

19  Policy, the Office of Intergovernmental Programs, the Office

20  of Ecosystem Planning and Coordination, and the Office of

21  Environmental Education. The executive coordinator for

22  ecosystem management may also be delegated authority by the

23  secretary to act on behalf of the secretary; this authority

24  may include the responsibility to oversee the inland

25  navigation districts.

26         (c)  The other special offices not supervised by the

27  executive coordinator for ecosystem management shall report to

28  the secretary; however, the secretary may assign them, for

29  daily coordination purposes, to report through a senior

30  manager other than the secretary.

31         (d)  There shall be six administrative districts

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                                                   HOUSE AMENDMENT

                                     Bill No. CS/HB 2145, 1st Eng.

    Amendment No. 5 (for drafter's use only)





 1  involved in regulatory matters of waste management, water

 2  facilities, wetlands, and air resources, which shall be headed

 3  by managers, each of whom is to be appointed by and serve at

 4  the pleasure of the secretary. Divisions of the department may

 5  have one assistant or two deputy division directors, as

 6  required to facilitate effective operation.

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 8  The managers of all divisions and offices specifically named

 9  in this section and the directors of the six administrative

10  districts are exempt from part II of chapter 110 and are

11  included in the Senior Management Service in accordance with

12  s. 110.205(2)(i). No other deputy secretaries or senior

13  management positions at or above the division level, except

14  those established in chapter 110, may be created without

15  specific legislative authority.

16         (6)  The following divisions of the Department of

17  Environmental Protection are established:

18         (a)  Division of Administrative and Technical Services.

19         (b)  Division of Air Resource Management.

20         (c)  Division of Water Resource Management Facilities.

21         (d)  Division of Law Enforcement.

22         (e)  Division of Resource Assessment and Management

23  Marine Resources.

24         (e)(f)  Division of Waste Management.

25         (f)(g)  Division of Recreation and Parks.

26         (g)(h)  Division of State Lands, the director of which

27  is to be appointed by the secretary of the department, subject

28  to confirmation by the Governor and Cabinet sitting as the

29  Board of Trustees of the Internal Improvement Trust Fund.

30         (i)  Division of Environmental Resource Permitting.

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                                                   HOUSE AMENDMENT

                                     Bill No. CS/HB 2145, 1st Eng.

    Amendment No. 5 (for drafter's use only)





 1  In order to ensure statewide and intradepartmental

 2  consistency, the department's divisions shall direct the

 3  district offices and bureaus on matters of interpretation and

 4  applicability of the department's rules and programs.

 5         (7)  Law enforcement officers of the Department of

 6  Environmental Protection who meet the provisions of s. 943.13

 7  are constituted law enforcement officers of this state with

 8  full power to investigate and arrest for any violation of the

 9  laws of this state, and the rules of the department and the

10  Board of Trustees of the Internal Improvement Trust Fund.  The

11  general laws applicable to investigations, searches, and

12  arrests by peace officers of this state apply to such law

13  enforcement officers.

14         (8)  Records and documents of the Department of

15  Environmental Protection shall be retained by the department

16  as specified in record retention schedules established under

17  the general provisions of chapters 119 and 257.  Further, the

18  department is authorized to:

19         (a)  Destroy, or otherwise dispose of, those records

20  and documents in conformity with the approved retention

21  schedules.

22         (b)  Photograph, microphotograph, or reproduce such

23  records and documents on film, as authorized and directed by

24  the approved retention schedules, whereby each page will be

25  exposed in exact conformity with the original records and

26  documents retained in compliance with the provisions of this

27  section. Photographs or microphotographs in the form of film

28  or print of any records, made in compliance with the

29  provisions of this section, shall have the same force and

30  effect as the originals thereof would have and shall be

31  treated as originals for the purpose of their admissibility in

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                                                   HOUSE AMENDMENT

                                     Bill No. CS/HB 2145, 1st Eng.

    Amendment No. 5 (for drafter's use only)





 1  evidence. Duly certified or authenticated reproductions of

 2  such photographs or microphotographs shall be admitted in

 3  evidence equally with the original photographs or

 4  microphotographs.  The impression of the seal of the

 5  Department of Environmental Protection on a certificate made

 6  by the department and signed by the Secretary of Environmental

 7  Protection entitles the certificate to be received in all

 8  courts and in all proceedings in this state and is prima facie

 9  evidence of all factual matters set forth in the certificate.

10  A certificate may relate to one or more records as set forth

11  in the certificate or in a schedule attached to the

12  certificate.

13         (9)  The Department of Environmental Protection may

14  require that bond be given by any employee of the department,

15  payable to the Governor of the state and the Governor's

16  successor in office, for the use and benefit of those whom it

17  concerns, in such penal sums and with such good and sufficient

18  surety or sureties as are approved by the department,

19  conditioned upon the faithful performance of the duties of the

20  employee.

21         (10)(7)  There is created as a part of the Department

22  of Environmental Protection an Environmental Regulation

23  Commission. The commission shall be composed of seven

24  residents of this state appointed by the Governor, subject to

25  confirmation by the Senate. The commission shall include one,

26  but not more than two, members from each water management

27  district who have resided in the district for at least 1 year,

28  and the remainder shall be selected from the state at large.

29  Membership shall be representative of agriculture, the

30  development industry, local government, the environmental

31  community, lay citizens, and members of the scientific and

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                                                   HOUSE AMENDMENT

                                     Bill No. CS/HB 2145, 1st Eng.

    Amendment No. 5 (for drafter's use only)





 1  technical community who have substantial expertise in the

 2  areas of the fate and transport of water pollutants,

 3  toxicology, epidemiology, geology, biology, environmental

 4  sciences, or engineering. The Governor shall appoint the

 5  chair, and the vice chair shall be elected from among the

 6  membership. The members serving on the commission on July 1,

 7  1995, shall continue to serve on the commission for the

 8  remainder of their current terms. All appointments thereafter

 9  shall continue to be for 4-year terms. The Governor may at any

10  time fill a vacancy for the unexpired term. The members of the

11  commission shall serve without compensation, but shall be paid

12  travel and per diem as provided in s. 112.061 while in the

13  performance of their official duties. Administrative,

14  personnel, and other support services necessary for the

15  commission shall be furnished by the department.

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