Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for CS for CS for HB 993 Barcode 116030 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . Floor: C 05/04/2011 04:36 PM . 05/05/2011 11:30 AM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bennett moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 837 and 838 4 insert: 5 Section 10. Paragraph (p) is added to subsection (2) of 6 section 120.569, Florida Statutes, to read: 7 120.569 Decisions which affect substantial interests.— 8 (2) 9 (p) For any proceeding arising under chapter 373, chapter 10 378, or chapter 403, if a nonapplicant petitions as a third 11 party to challenge an agency’s issuance of a license, permit, or 12 conceptual approval, the order of presentation in the proceeding 13 is for the permit applicant to present a prima facie case 14 demonstrating entitlement to the license, permit, or conceptual 15 approval, followed by the agency. This demonstration may be made 16 by entering into evidence the application and relevant material 17 submitted to the agency in support of the application, and the 18 agency’s staff report or notice of intent to approve the permit, 19 license, or conceptual approval. Subsequent to the presentation 20 of the applicant’s prima facie case and any direct evidence 21 submitted by the agency, the petitioner initiating the action 22 challenging the issuance of the license, permit, or conceptual 23 approval has the burden of ultimate persuasion and has the 24 burden of going forward to prove the case in opposition to the 25 license, permit, or conceptual approval through the presentation 26 of competent and substantial evidence. The permit applicant and 27 agency may on rebuttal present any evidence relevant to 28 demonstrating that the application meets the conditions for 29 issuance. Notwithstanding subsection (1), this paragraph applies 30 to proceedings under s. 120.574. 31 32 ================= T I T L E A M E N D M E N T ================ 33 And the title is amended as follows: 34 Delete line 66 35 and insert: 36 ratification; amending s. 120.569, F.S.; providing 37 that a nonapplicant who petitions to challenge an 38 agency’s issuance of a license, permit, or conceptual 39 approval in certain circumstances has the burden of 40 ultimate persuasion and the burden of going forward 41 with evidence; providing an effective date.