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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11 Representative(s) Albright offered the following:
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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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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.
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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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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.
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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
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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