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





                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 3807

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Barreiro offered the following:

12

13         Amendment (with title amendment) 

14         On page 1,

15  remove from the bill:  everything after the enacting clause,

16

17  and insert in lieu thereof:

18         Section 1.  (1)(a)  The Miami River Commission is

19  hereby established as the official coordinating clearinghouse

20  for all public policy and projects related to the Miami River

21  to unite all governmental agencies, businesses, and residents

22  in the area to speak with one voice on river issues, to

23  develop coordinated plans, priorities, programs, projects, and

24  budgets that might substantially improve the river area, and

25  to act as the principal advocate and watchdog to ensure that

26  river projects are funded and implemented in a proper and

27  timely manner.

28         (b)  The commission may seek and receive funding to

29  further its coordinating functions regarding river improvement

30  projects of the commission. Nothing in this act affects or

31  supersedes the regulatory authority of any governmental agency

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 3807

    Amendment No.     (for drafter's use only)





 1  or any local government and any responsibilities of any

 2  governmental entity relating to the Miami River shall remain

 3  with such respective governmental entity. However, the

 4  commission may accept any specifically defined coordinating

 5  authority or functions delegated to the commission by any

 6  governmental entity, through a memorandum of understanding or

 7  other legal instrument. The commission shall use powers of

 8  persuasion to achieve its objectives through the process of

 9  building a consensus work plan and through widespread

10  publication of regular progress reports.

11         (2)  The Miami River Commission shall consist of:

12         (a)  A policy committee comprised of the Governor, the

13  chair of the Dade delegation, the chair of the governing board

14  of the South Florida Water Management District, the Miami-Dade

15  County State Attorney, the Mayor of Miami, the Mayor of

16  Miami-Dade County, a commissioner of the City of Miami

17  Commission, a commissioner of the Miami-Dade County

18  Commission, the chair of the Miami River Marine Group, the

19  chair of the Marine Council, the Executive Director of the

20  Downtown Development Authority, and the chair of the Greater

21  Miami Chamber of Commerce; two neighborhood representatives,

22  selected from the Spring Garden Neighborhood Association, the

23  Grove Park Neighborhood Association, and the Miami River

24  Neighborhood Enhancement Corporation, one neighborhood

25  representative to be appointed by the city commission and one

26  neighborhood representative to be appointed by the county

27  commission, each selected from a list of 3 names submitted by

28  each such organization; one representative from an

29  environmental or civic association, appointed by the Governor;

30  and three members-at-large, who shall be persons who have a

31  demonstrated history of involvement on the Miami River through

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    hbd0022                     02:54 pm         03807-0107-841577




                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 3807

    Amendment No.     (for drafter's use only)





 1  business, residence, or volunteer activity, one appointed by

 2  the Governor, one appointed by the city commission, and one

 3  appointed by the county commission. All members shall be

 4  voting members. The committee shall also include a member of

 5  the United States Congressional delegation and the Captain of

 6  the Port of Miami as a representative of the United States

 7  Coast Guard, as nonvoting, ex officio members.  The policy

 8  committee may meet monthly, but shall meet at least quarterly.

 9         (b)  A managing director who has the responsibility to

10  implement plans and programs.

11         (c)  A working group consisting of all governmental

12  agencies that have jurisdiction in the Miami River area, as

13  well as representatives from business and civic associations.

14         (3)  The policy committee shall have the following

15  powers and duties:

16         (a)  Consolidate existing plans, programs, and

17  proposals into a coordinated strategic plan for improvement of

18  the Miami River and surrounding areas, addressing

19  environmental, economic, social, recreational, and aesthetic

20  issues. The committee shall monitor the progress on each

21  element of such plan and shall revise the plan regularly.

22         (b)  Prepare an integrated financial plan using the

23  different jurisdictional agencies available for projected

24  financial resources. The committee shall monitor the progress

25  on each element of such plan and revise the plan regularly.

26         (c)  Provide technical assistance and political support

27  as needed to help implement each element of the strategic and

28  financial plans.

29         (d)  Accept any specifically defined coordinating

30  authority or function delegated to the committee by any level

31  of government through a memorandum of understanding or other

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    hbd0022                     02:54 pm         03807-0107-841577




                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 3807

    Amendment No.     (for drafter's use only)





 1  legal instrument.

 2         (e)  Publicize a semiannual report describing

 3  accomplishments of the commission and each member agency, as

 4  well as the status of each pending task. The committee shall

 5  distribute the report to the City and County Commissions and

 6  Mayors, the Governor, chair of the Dade County delegation,

 7  stakeholders and the local media.

 8         (f)  Seek grants from public and private sources and

 9  receive grant funds to provide for the enhancement of its

10  coordinating functions and activities and administer contracts

11  that achieve these goals.

12         (g)  Coordinate a joint planning area agreement between

13  the Department of Community Affairs, the city, and the county

14  under the provisions of s. 163.3177(11)(a),(b), and (c),

15  Florida Statutes.

16         (h)  Provide a forum for exchange of information and

17  facilitate the resolution of conflicts.

18         (i)  Act as a clearinghouse for public information and

19  conduct public education programs.

20         (j)  Establish the Miami River working group, appoint

21  members to the group, and organize subcommittees, delegate

22  tasks, and seek council from members of the working group as

23  necessary to carry out the powers and duties listed in this

24  subsection.

25         (k)  Elect officers and adopt rules of procedure as

26  necessary to carry out the powers and duties listed above and

27  solicit appointing authorities to name replacements for policy

28  committee members who do not participate on a regular basis.

29         (l)  Hire the managing director, who shall be

30  authorized to represent the commission and to implement all

31  policies, plans, and programs of the commission. The committee

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 3807

    Amendment No.     (for drafter's use only)





 1  shall employ any additional staff necessary to assist the

 2  managing director.

 3         Section 2.  (1)  No item, motion, directive, or policy

 4  position that would impact or in any way diminish levels of

 5  currently permitted commercial activity on the Miami River or

 6  riverfront properties shall be adopted by the Miami River

 7  Commission unless passed by a unanimous vote of the appointed

 8  members of the commission then in office.

 9         (2)  No item, motion, directive, or policy position

10  suggesting, proposing, or otherwise promoting additional

11  taxes, fees, charges, or any other financial obligation on

12  owners of riverfront property or shipping companies or

13  operators shall be adopted by the Miami River Commission

14  unless passed by a unanimous vote of all appointed members of

15  the commission then in office.

16         Section 3.  The Miami River Commission shall terminate

17  July 1, 2003, unless the Legislature, in a review of the

18  creation, operation, and accomplishments of the Miami River

19  Commission during the 2003 Regular Session, determines that

20  the commission should be continued and reenacts provisions

21  providing for its continuation.

22         Section 4.  This act shall take effect upon becoming a

23  law.

24

25

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

27  And the title is amended as follows:

28         On page 1,

29

30  insert before the phrase providing an effective date:

31         prohibiting adoption of certain actions by the

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 3807

    Amendment No.     (for drafter's use only)





 1         commission unless by a required minimum vote;

 2         providing for future termination of the

 3         commission pending legislative review and

 4         reenactment;

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    hbd0022                     02:54 pm         03807-0107-841577