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





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3059

    Amendment No. 01s (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

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 9

10                                                                

11  Representative(s) Albright offered the following:

12

13         Substitute Amendment for Amendment (560075) (with title

14  amendment) 

15         On page 1, line 27 through page 2, line 31

16  remove from the bill:  all of said lines

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18  and insert in lieu thereof:

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20  where appropriate.  However, it is also the intent of the

21  Legislature that any participation in these programs,

22  initiatives, or designations shall be undertaken with due

23  regard for private property rights provided by the United

24  States Constitution and the Constitution of the State of

25  Florida and that no future regulatory intentions or

26  implications shall result.

27         (2)  Prior to participating in any program, initiative,

28  or designation as described in subsection (1) which shall

29  include or be contiguous to state-owned lands as defined in

30  subsection (1), authorization in the form of a resolution of

31  support for the program, initiative, or designation must be

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    File original & 9 copies    04/13/98
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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3059

    Amendment No. 01s (for drafter's use only)





 1  obtained by the Governor and Cabinet sitting as the Board of

 2  Trustees of the Internal Improvement Trust Fund.

 3         (3)  Prior to the adoption of a resolution of support,

 4  the Board of Trustees shall notify, by certified return

 5  receipt mail, each county that would be affected by the

 6  program, initiative, or designation, and provide each county

 7  an opportunity to state its opposition through the adoption of

 8  a resolution supported by a majority of the members of the

 9  county commission.  Each notified county commission shall have

10  90 days from the date of receipt of notification from the

11  Board of Trustees to adopt a resolution opposing the Board's

12  proposed action.  The Board shall not take formal action on a

13  resolution of support until 90 days has passed for each

14  notified county.  Notification by the Board of Trustees shall

15  include the following:

16         1.  A statement identifying the party who has requested

17  the resolution.

18         2.  A copy of the proposed resolution.

19         3.  A statement informing the county that it has 90

20  days from the date of receipt of notification to adopt a

21  resolution opposing the Board's proposed action.

22

23  Opposition to the Board's proposed action that has been

24  received in accordance with the procedure outlined in

25  subsection (3) shall be reflected in the Board's resolution

26  and forwarded by the Board to the appropriate governmental

27  entity or organization along with its resolution.

28         (4)  Participation in any program, initiative, or

29  designation as described in subsection (1) shall not:

30         (a)  Empower any unit of state or local government or

31  any water management district to impose additional or more

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    File original & 9 copies    04/13/98
    hgr0003                     09:44 am         03059-0024-644475




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3059

    Amendment No. 01s (for drafter's use only)





 1  restrictive environmental, land use, or zoning rules or

 2  regulations.

 3         (b)  Be construed or cited as authority to adopt or

 4  enforce any environmental rule or regulation; any

 5  comprehensive plan goal, policy, or objective; any zoning or

 6  land use ordinance; the imposition of any permit condition; or

 7  the application of any other rule, regulation, or ordinance by

 8  any unit of government.

 9         (c)  Be used by any unit of government to reduce or

10  restrict the rights to the owners of lands within or

11  contiguous to the area proposed to be included in any program,

12  initiative, or designation as described in subsection (1).

13         (d)  Be admissible in any judicial or administrative

14  proceeding if such information is being offered to support the

15  imposition of regulatory restrictions or restrictions on the

16  rights of property owners within or contiguous to area

17  proposed for inclusion.

18         (5)  This section shall not apply to those programs,

19  initiatives, or designations specifically established in

20  federal public law, the Code of Federal Regulations, or

21  disaster and emergency declarations.

22         (6)  Provisions of this section shall apply to any

23  program, initiative, or designation applied for on or after

24  September 1, 1997.

25

26

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

28  And the title is amended as follows:

29         On page 1, lines 4-7

30  remove from the title of the bill:  all of said lines

31

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    File original & 9 copies    04/13/98
    hgr0003                     09:44 am         03059-0024-644475




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 3059

    Amendment No. 01s (for drafter's use only)





 1  and insert in lieu thereof:

 2         prior approval by the Governor and Cabinet for

 3         certain designations of state-owned lands or

 4         lands contiguous thereto; requiring

 5         notification by the Governor and Cabinet to

 6         affected counties; providing a procedure for

 7         affected counties to oppose certain activities;

 8         providing application; providing an

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    File original & 9 copies    04/13/98
    hgr0003                     09:44 am         03059-0024-644475