Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 2104
       
       
       
       
       
       
                                Barcode 380482                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/28/2009 04:22 PM       .                                
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 131
    4  and insert:
    5         Section 1. Subsection (5) is added to section 161.041,
    6  Florida Statutes, to read:
    7         161.041 Permits required.—
    8         (5) The reopening or maintaining of any coastal barrier
    9  beach inlet, to promote commercial and recreational uses of
   10  coastal waters and their resources, constitutes a valid public
   11  purpose of a government entity and shall be presumed to be in
   12  the public interest. The department shall permit the reopening
   13  or maintenance of inlets under s. 161.055, upon a demonstration
   14  by the government entity of its financial ability and commitment
   15  to mitigate impacts to the coastal systems and natural
   16  resources, consistent with chapter 161 and part IV of chapter
   17  373, and fund a long-term sand management program designed to
   18  mitigate impacts on adjacent sandy beaches, consistent with the
   19  policy declared in s. 161.142. For the purposes of this section
   20  the term “reopening” means the creation of an inlet on a coastal
   21  barrier island or between two coastal barrier islands, upon a
   22  demonstration that an inlet previously existed, but no longer
   23  exists, on or between such coastal barrier islands. A reopening
   24  is not limited to inlet re-creation within the same location or
   25  with the same configuration as the preexisting inlet.
   26         Section 2. Paragraphs (a) and (c) of subsection (5) of
   27  
   28  ================= T I T L E  A M E N D M E N T ================
   29         And the title is amended as follows:
   30         Delete line 2
   31  and insert:
   32  An act relating to environmental protection; amending s.
   33  161.041, F.S.; requiring the Department of Environmental
   34  Protection to permit the reopening or maintenance of inlets on
   35  coastal barrier islands; defining the term “reopening;”
   36  declaring that the reopening or maintaining of a coastal barrier
   37  beach inlet, to promote commercial and recreational uses of
   38  coastal waters and their resources, constitutes a valid public
   39  purpose; amending