CODING: Words stricken are deletions; words underlined are additions.
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Senator Laurent moved the following amendment:
SENATE AMENDMENT
Bill No. HB 4559, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Laurent moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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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
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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
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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
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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.
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16 And the title is amended as follows:
17 Delete everything before the enacting clause
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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
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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;
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