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


H

Senator Laurent moved the following amendment:



                                                  SENATE AMENDMENT

    Bill No. HB 4559, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Laurent moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (6) is added to section 373.536,

18  Florida Statutes, to read:

19         373.536  District budget and hearing thereon.--

20         (6)(a)  For water management district fiscal year

21  1999-2000 and each fiscal year thereafter, the Legislature

22  shall statutorily adopt or modify program priorities for water

23  management district budgets. The Executive Office of the

24  Governor shall present to the Legislature by February 1, 1999,

25  and annually thereafter, recommended program priorities for

26  water management districts and recommended legislation to

27  statutorily adopt or modify program priorities for water

28  management budgets for the coming fiscal year. The program

29  priorities may vary for each district and shall be based on

30  the statutorily mandated programs and activities of the

31  districts and the particular needs within each district in the

                                  1
    1:06 PM   05/01/98                               h4559.nr17.F1




                                                  SENATE AMENDMENT

    Bill No. HB 4559, 1st Eng.

    Amendment No.    





 1  four areas of responsibility as listed in paragraph (5)(a).

 2         (b)  Beginning in fiscal year 1999-2000, and annually

 3  thereafter, each water management district shall incorporate

 4  the applicable program priorities in the development of its

 5  budget.

 6         (c)  As part of its review of water management district

 7  budgets pursuant to this section, the Executive Office of the

 8  Governor shall determine whether each district's budget is

 9  consistent with the applicable program priorities. In

10  determining whether a district's budget is consistent with the

11  applicable program priorities, the Executive Office of the

12  Governor shall consider comments on or objections to the

13  proposed budget by the public and members of the Legislature,

14  including comments and objections submitted by the chairs of

15  the House and Senate appropriations committees pursuant to

16  paragraph (5)(d); and the district's need to address natural

17  disasters, other unforeseen circumstances, or issues of

18  substantial concern to the citizens of the region. By

19  September 15, 1999, and annually thereafter, the Executive

20  Office of the Governor shall notify in writing the President

21  of the Senate, the Speaker of the House of Representatives,

22  and the chairs of the substantive and fiscal committees having

23  jurisdiction over water management district activities as to

24  all determinations made pursuant to this subsection.

25         (d)  Based on the authority granted the Executive

26  Office of the Governor to approve or disapprove, in whole or

27  in part, the budget of each water management district in

28  paragraph (5)(a), and in accordance with the specific

29  processes outlined in paragraph (5)(b), the Executive Office

30  of the Governor shall disapprove those portions of a water

31  management district's budget that it determines, under

                                  2
    1:06 PM   05/01/98                               h4559.nr17.F1




                                                  SENATE AMENDMENT

    Bill No. HB 4559, 1st Eng.

    Amendment No.    





 1  paragraph (c), are inconsistent with the applicable program

 2  priorities.

 3         Section 2.  Subsection (8) is added to section 373.421,

 4  Florida Statutes, to read:

 5         373.421  Delineation methods; formal determinations.--

 6         (8)  Whenever the location of a wetland delineation,

 7  approved or performed by the department or the district, is

 8  certified pursuant to chapter 471 or chapter 472, the

 9  delineation shall be accepted as a formal determination

10  pursuant to section 373.421(2) or shall be accepted or as part

11  of a permit issued pursuant to this part.

12         Section 3.  Subsections (8) and (9) are added to

13  section 373.139, Florida Statutes, to read:

14         (8)  The Legislature declares that the Kissimmee River,

15  Florida Project as identified in the Project Cooperation

16  Agreement between the Department of the Army and the South

17  Florida Water Management District, dated March 22, 1994, and

18  the C-111 Project as identified in the Central and Southern

19  Florida Flood Control Project Real Estate Design Memorandum

20  Canal 111, South Dade County, Florida are in the public

21  interest, for a public purpose and are necessary for the

22  public health and welfare. The governing board of the district

23  is empowered and authorized to acquire fee title or easement

24  by eminent domain for the limited purpose of implementing the

25  Kissimmee River, Florida Project and the C-111 Project, more

26  fully described above, and the acquisition of real property,

27  including by eminent domain, for these objectives constitutes

28  a public purpose for which it is in the public interest to

29  expend public funds.

30         (9)  Through July 1, 2000, the South Florida Water

31  Management District may disburse state or district funds to

                                  3
    1:06 PM   05/01/98                               h4559.nr17.F1




                                                  SENATE AMENDMENT

    Bill No. HB 4559, 1st Eng.

    Amendment No.    





 1  any agency or department of the Federal Government in any

 2  agreement or arrangement to take property or any interest

 3  therein by eminent domain, pursuant to federal law, unless

 4  such arrangement diminishes or deprives a person or entity of

 5  any right, privilege, or compensation that they would

 6  otherwise have if the property or interest was taken by

 7  eminent domain under Florida law. This subsection shall not

 8  apply to federal grant funds received by the state or

 9  district.

10         Section 4.  This act shall take effect October 31,

11  1998, except that sections 3 and 4 shall take effect upon

12  becoming a law.

13

14

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

16  And the title is amended as follows:

17         Delete everything before the enacting clause

18

19  and insert:

20                      A bill to be entitled

21         An act relating to water management districts;

22         amending s. 373.536, F.S.; requiring the

23         Executive Office of the Governor to present

24         recommendations for water management district

25         program priorities and legislation to the

26         Legislature; providing that the Legislature

27         shall adopt or modify program priorities for

28         water management district budgets; providing

29         that the districts shall incorporate these

30         program priorities in developing their budgets;

31         providing that the Executive Office of the

                                  4
    1:06 PM   05/01/98                               h4559.nr17.F1




                                                  SENATE AMENDMENT

    Bill No. HB 4559, 1st Eng.

    Amendment No.    





 1         Governor shall determine whether each

 2         district's budget is consistent with the

 3         applicable program priorities; providing that

 4         the Executive Office of the Governor shall

 5         disapprove those portions of a water management

 6         district's budget that are determined to be

 7         inconsistent with applicable program

 8         priorities; amending s. 373.421, F.S.;

 9         providing that certain delineations of wetlands

10         shall be accepted as formal determinations or

11         as part of a permit issued under Part IV of ch.

12         373, F.S.; amending s. 373.139, F.S.; allowing

13         the disbursement of certain district funds in

14         eminent domain proceedings under certain

15         circumstances for a specified period; providing

16         a declaration that the Kissimmee River Project

17         is in the public interest and for a public

18         purpose; authorizing certain eminent domain

19         proceedings;

20

21

22

23

24

25

26

27

28

29

30

31

                                  5
    1:06 PM   05/01/98                               h4559.nr17.F1