SENATE AMENDMENT

    Bill No. CS for SB 384

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Dyer moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 6, between lines 20 and 21,

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16  insert:

17         Section 3.  Subsection (6) of section 373.406, Florida

18  Statutes, is amended and a new subsection is added to that

19  section to read:

20         373.406  Exemptions.--The following exemptions shall

21  apply:

22         (6)  Any district or the department may exempt from

23  regulation under this part, either by rule or order, those

24  activities that the district or department determines will

25  have only minimal or insignificant individual or cumulative

26  adverse impacts on the water resources of the district.  The

27  district and the department are authorized to determine, on a

28  case-by-case basis, whether a specific activity is exempt

29  comes within this exemption.  Requests to qualify for this

30  exemption shall be submitted in writing to the district or

31  department, and such activities shall not be commenced without

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 384

    Amendment No.    





 1  a written determination from the district or department

 2  confirming that the activity qualifies for the exemption.

 3         (9)  Any rule of a district or the department in

 4  existence on October 3, 1995, creating an exemption from all

 5  or a part of the requirements of this part or the rules

 6  adopted to implement this part is ratified and affirmed.

 7  However, this subsection shall not be construed to modify

 8  exemptions currently in existence or to limit the authority of

 9  the water management districts or the department to amend

10  these rules or to adopt rules creating additional exemptions.

11         Section 4.  Section 373.108, Florida Statutes, is

12  created to read:

13         373.108  In the case of a proceeding under s. 120.569

14  and a proceeding under s. 120.57, requested by a third party

15  opponent on a permit application under this chapter or chapter

16  403, a prima facie case shall be established by the applicant

17  through the introduction of the application and written

18  evidence or testimony from the department or district that the

19  application satisfies the applicable permitting standards and

20  criteria.

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22  (Redesignate subsequent sections.)

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

26  And the title is amended as follows:

27         On page 1, line 9, after the semicolon,

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29  insert:

30         amending s. 373.406, F.S.; authorizing

31         districts or department to enact certain

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 384

    Amendment No.    





 1         exemptions by rule or order; ratifying certain

 2         exemptions adopted by rule which existed on a

 3         certain date; creating s. 373.108, F.S.;

 4         establishing an applicant's burden of proof in

 5         establishing permit entitlement under chapters

 6         373 and 403, F.S.;

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