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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 190

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Kirkpatrick moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 12, between lines 27 and 28,

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16  insert:

17         Section 8.  Subsection (4) of section 310.151, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         310.151  Rates of pilotage; Pilotage Rate Review

20  Board.--

21         (4)(a)  The applicant shall be given written notice,

22  either in person or by certified mail, that the board intends

23  to modify the pilotage rates in that port and that the

24  applicant may, within 21 days after receipt of the notice,

25  request a hearing pursuant to the Administrative Procedure

26  Act. Notice of the intent to modify the pilotage rates in that

27  port shall also be published in the Florida Administrative

28  Weekly and in a newspaper of general circulation in the

29  affected port area and shall be mailed to any person who has

30  formally requested notice of any rate change in the affected

31  port area. Within 21 days after receipt or publication of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 190

    Amendment No.    





 1  notice, any person whose substantial interests will be

 2  affected by the intended board action may request a hearing

 3  pursuant to the Administrative Procedure Act. If the board

 4  concludes that the petitioner has raised a disputed issue of

 5  material fact, the board shall designate a hearing, which

 6  shall be conducted by formal proceeding before an

 7  administrative law judge assigned by the Division of

 8  Administrative Hearings pursuant to ss. 120.569 and 120.57(1),

 9  unless waived by all parties. The failure to request a hearing

10  within 21 days after receipt or publication of notice shall

11  constitute a waiver of any right to an administrative hearing

12  and shall cause the order modifying the pilotage rates in that

13  port to be entered. If an administrative hearing is requested

14  pursuant to this subsection, notice of the time, date, and

15  location of the hearing shall be published in the Florida

16  Administrative Weekly and in a newspaper of general

17  circulation in the affected port area and shall be mailed to

18  the applicant and to any person who has formally requested

19  notice of any rate change for the affected port area.

20         (b)  Notwithstanding any contrary provisions in the

21  Administrative Procedure Act, the administrative law judge's

22  recommended order may include rulings on evidentiary or

23  procedural matters, and shall include findings of fact for

24  consideration by the board in applying the factors set forth

25  in s. 310.151(5) and (6). The recommended order shall not

26  include a recommendation as to the appropriate rate to be

27  imposed.

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29  (Redesignate subsequent sections.)

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 190

    Amendment No.    





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

 2  And the title is amended as follows:

 3         On page 2, line 22, after the semicolon

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 5  insert:

 6         amending s. 310.151, F.S.; providing exceptions

 7         and special requirements concerning

 8         administrative proceedings involving rates of

 9         pilotage;

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