HOUSE AMENDMENT
    750-118AX-37                               Bill No. CS/HB 1763
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Bennett offered the following:
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13         Amendment to Amendment (375131) (with title amendment) 
14         On page 11, between lines 22 & 23, of the amendment
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16  insert:  
17         Section 7.  Subsection (5) of section 403.412, Florida
18  Statutes, is amended to read:
19         403.412  Environmental Protection Act.--
20         (5)  In any administrative, licensing, or other
21  proceedings authorized by law for the protection of the air,
22  water, or other natural resources of the state from pollution,
23  impairment, or destruction, the Department of Legal Affairs, a
24  political subdivision or municipality of the state, or a
25  citizen of the state shall have standing to intervene as a
26  party on the filing of a verified pleading asserting that the
27  activity, conduct, or product to be licensed or permitted has
28  or will have the effect of impairing, polluting, or otherwise
29  injuring the air, water, or other natural resources of the
30  state. However, a citizen of this state whose substantial
31  interests have not been determined by agency action may not
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    File original & 9 copies    04/30/01                          
    hbd0016                     10:46 am         01763-0067-262731

HOUSE AMENDMENT 750-118AX-37 Bill No. CS/HB 1763 Amendment No. ___ (for drafter's use only) 1 institute, initiate, petition, or request a proceeding under 2 s. 120.569 or s. 120.57. This subsection does not limit the 3 ability of a nonprofit corporation or association organized in 4 whole or in part to promote conservation, to protect the 5 environment or other biological values, or to preserve 6 historical sites to initiate, petition, or request a 7 proceeding under s. 120.569 or s. 120.57 upon asserting in a 8 verified petition that the activity, conduct, or product to be 9 licensed or permitted has or will have the effect of 10 impairing, polluting, or otherwise injuring the air, water, or 11 other natural resources of the state. The verified petition 12 must also assert and be subject to subsequent proof that the 13 corporation or association itself has, or a substantial number 14 of its members have, substantial interests that will be 15 affected by the conduct, activity, or product to be licensed 16 or permitted. Such substantial interests include the use and 17 enjoyment of the air, water, or other natural resources of the 18 state which will be affected as a result of the issuance of a 19 license or permit. 20 Section 8. Subsection (1) of section 373.114, Florida 21 Statutes, is amended to read: 22 373.114 Land and Water Adjudicatory Commission; review 23 of district rules and orders; department review of district 24 rules.-- 25 (1) Except as provided in subsection (2), the Governor 26 and Cabinet, sitting as the Land and Water Adjudicatory 27 Commission, have the exclusive authority to review any order 28 or rule of a water management district, other than a rule 29 relating to an internal procedure of the district, an order 30 resulting from an evidentiary hearing held under s. 120.569 or 31 s. 120.57, or a rule that has been adopted after issuance of 2 File original & 9 copies 04/30/01 hbd0016 10:46 am 01763-0067-262731
HOUSE AMENDMENT 750-118AX-37 Bill No. CS/HB 1763 Amendment No. ___ (for drafter's use only) 1 an order resulting from an evidentiary hearing held under s. 2 120.56, to ensure consistency with the provisions and purposes 3 of this chapter. Subsequent to the legislative ratification of 4 the delineation methodology pursuant to s. 373.421(1), this 5 subsection also shall apply to an order of the department, or 6 a local government exercising delegated authority, pursuant to 7 ss. 373.403-373.443, except an order pertaining to activities 8 or operations subject to conceptual plan approval pursuant to 9 chapter 378 or an order resulting from an evidentiary hearing 10 held under s. 120.569 or s. 120.57. 11 (a) Such review may be initiated by the department or 12 by a party to the proceeding below by filing a request for 13 review with the Land and Water Adjudicatory Commission and 14 serving a copy on the department and on any person named in 15 the rule or order within 20 days after adoption of the rule or 16 the rendering of the order. For the purposes of this section, 17 the term "party" means any affected person who submitted oral 18 or written testimony, sworn or unsworn, of a substantive 19 nature which stated with particularity objections to or 20 support for the rule or order that are cognizable within the 21 scope of the provisions and purposes of this chapter, or any 22 person who participated as a party in a proceeding instituted 23 pursuant to chapter 120. In order for the commission to 24 accept a request for review initiated by a party below, with 25 regard to a specific order, four members of the commission 26 must determine on the basis of the record below that the 27 activity authorized by the order would substantially affect 28 natural resources of statewide or regional significance. 29 Review of an order may also be accepted if four members of the 30 commission determine that the order raises issues of policy, 31 statutory interpretation, or rule interpretation that have 3 File original & 9 copies 04/30/01 hbd0016 10:46 am 01763-0067-262731
HOUSE AMENDMENT 750-118AX-37 Bill No. CS/HB 1763 Amendment No. ___ (for drafter's use only) 1 regional or statewide significance from the standpoint of 2 agency precedent. The party requesting the commission to 3 review an order must allege with particularity, and the 4 commission must find, that: 5 1. The order is in conflict with statutory 6 requirements; or 7 2. The order is in conflict with the requirements of a 8 duly adopted rule. 9 (b) Review by the Land and Water Adjudicatory 10 Commission is appellate in nature and shall be based solely on 11 the record below. If there was no evidentiary administrative 12 proceeding below, the facts contained in the proposed agency 13 action, including any technical staff report, shall be deemed 14 undisputed. The matter shall be heard by the commission not 15 more than 60 days after receipt of the request for review, 16 unless waived by the parties. 17 (c) If the Land and Water Adjudicatory Commission 18 determines that a rule of a water management district is not 19 consistent with the provisions and purposes of this chapter, 20 it may require the water management district to initiate 21 rulemaking proceedings to amend or repeal the rule. If the 22 commission determines that an order is not consistent with the 23 provisions and purposes of this chapter, the commission may 24 rescind or modify the order or remand the proceeding for 25 further action consistent with the order of the Land and Water 26 Adjudicatory Commission only if the commission determines that 27 the activity authorized by the order would substantially 28 affect natural resources of statewide or regional 29 significance. In the case of an order which does not itself 30 substantially affect natural resources of statewide or 31 regional significance, but which raises issues of policy that 4 File original & 9 copies 04/30/01 hbd0016 10:46 am 01763-0067-262731
HOUSE AMENDMENT 750-118AX-37 Bill No. CS/HB 1763 Amendment No. ___ (for drafter's use only) 1 have regional or statewide significance from the standpoint of 2 agency precedent, the commission may direct the district to 3 initiate rulemaking to amend its rules to assure that future 4 actions are consistent with the provisions and purposes of 5 this chapter without modifying the order. 6 (d) In a review under this section of a construction 7 permit issued pursuant to a conceptual permit under part IV, 8 which conceptual permit is issued after July 1, 1993, a party 9 to the review may not raise an issue which was or could have 10 been raised in a review of the conceptual permit under this 11 section. 12 (e) A request for review under this section shall not 13 be a precondition to the seeking of judicial review pursuant 14 to s. 120.68 or the seeking of an administrative determination 15 of rule validity pursuant to s. 120.56. 16 (f) The Florida Land and Water Adjudicatory Commission 17 may adopt rules to set forth its procedures for reviewing an 18 order or rule of a water management district consistent with 19 the provisions of this section. 20 (g) For the purpose of this section, it shall be 21 presumed that activity authorized by an order will not affect 22 resources of statewide or regional significance if the 23 proposed activity: 24 1. Occupies an area less than 10 acres in size, and 25 2. Does not create impervious surfaces greater than 2 26 acres in size, and 27 3. Is not located within 550 feet of the shoreline of 28 a named body of water designated as Outstanding Florida 29 Waters, and 30 4. Does not adversely affect threatened or endangered 31 species. 5 File original & 9 copies 04/30/01 hbd0016 10:46 am 01763-0067-262731
HOUSE AMENDMENT 750-118AX-37 Bill No. CS/HB 1763 Amendment No. ___ (for drafter's use only) 1 2 This paragraph shall not operate to hold that any activity 3 that exceeds these limits is presumed to affect resources of 4 statewide or regional significance. The determination of 5 whether an activity will substantially affect resources of 6 statewide or regional significance shall be made on a 7 case-by-case basis, based upon facts contained in the record 8 below. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 12, line 1, of the amendment 14 remove: all of said line 15 16 and insert: 17 An act relating to environmental protection; 18 creating s. 120.551, F.S.; directing the 19 Department of Environmental Protection and the 20 State Technology Office to establish a pilot 21 project to test the cost-effectiveness of 22 publication of notices on the Internet in lieu 23 of publication in the Florida Administrative 24 Weekly; directing the Department of State to 25 publish notice of the pilot project; requiring 26 the Department of Environmental Protection, the 27 State Technology Office, and the Department of 28 State to submit a joint report on the 29 cost-effectiveness of publication of such 30 notices on the Internet; defining the term 31 "information technology"; amending s. 287.012, 6 File original & 9 copies 04/30/01 hbd0016 10:46 am 01763-0067-262731
HOUSE AMENDMENT 750-118AX-37 Bill No. CS/HB 1763 Amendment No. ___ (for drafter's use only) 1 F.S.; defining "invitation to negotiate" and 2 "request for a quote"; amending s. 287.042, 3 F.S.; providing challenge procedure; adding 4 responses and quotes to category of items to 5 which procedures are developed; tasking 6 Department of Management Services with 7 developing procedures to be used by agencies 8 for issuing invitations and requests; 9 identifying methods for securing bids, 10 responses, quotes, and proposals revising 11 language with respect to the Department of 12 Management Services; providing that the 13 department, in consultation with the State 14 Technology Office, shall prescribe procedures 15 for procuring information technology; directing 16 the office to assess the technological needs of 17 certain agencies; amending s. 287.057, F.S.; 18 providing for the role of the State Technology 19 Office in developing a program for on-line 20 procurement of commodities and contractual 21 services; authorizing the office to collect 22 certain fees; providing for the deposit of such 23 fees; directing the office to establish state 24 strategic information technology alliances for 25 the acquisition and use of information 26 technology; providing for the duties of such 27 alliances; providing for rules; providing for 28 agency use of invitations to negotiate; 29 amending s. 287.0731, F.S.; conforming 30 provisions to changes made by the act; amending 31 s. 288.109, F.S.; substituting State Technology 7 File original & 9 copies 04/30/01 hbd0016 10:46 am 01763-0067-262731
HOUSE AMENDMENT 750-118AX-37 Bill No. CS/HB 1763 Amendment No. ___ (for drafter's use only) 1 Office for Department of Management Services; 2 providing for establishment and maintenance of 3 a One-Stop Permitting System; amending s. 4 403.412, F.S.; clarifying substantial interest 5 provisions relating to proceedings under the 6 Environmental Protection Act; providing for 7 standing; amending s. 373.114, F.S., relating 8 to appeals to the Land and Water Adjudicatory 9 Commission; providing exceptions for orders 10 resulting from evidentiary hearings; providing 11 an effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 File original & 9 copies 04/30/01 hbd0016 10:46 am 01763-0067-262731