SENATE AMENDMENT
    Bill No. CS for CS for SB 2120
    Amendment No. ___   Barcode 165262
                            CHAMBER ACTION
              Senate                               House
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11  Senator Pruitt moved the following amendment to amendment
12  (945142):
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14         Senate Amendment (with title amendment) 
15         On page 28, between lines 23 and 24,
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17  insert:  
18         Section 25.  Subsection (1) of section 373.114, Florida
19  Statutes, is amended to read:
20         373.114  Land and Water Adjudicatory Commission; review
21  of district rules and orders; department review of district
22  rules.--
23         (1)  Except as provided in subsection (2), the Governor
24  and Cabinet, sitting as the Land and Water Adjudicatory
25  Commission, have the exclusive authority to review any order
26  or rule of a water management district, other than a rule
27  relating to an internal procedure of the district, an order
28  resulting from an evidentiary hearing held under s. 120.569 or
29  s. 120.57, or a rule that has been adopted after issuance of
30  an order resulting from an evidentiary hearing held under s.
31  120.56, to ensure consistency with the provisions and purposes
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2120
    Amendment No. ___   Barcode 165262
 1  of this chapter. Subsequent to the legislative ratification of
 2  the delineation methodology pursuant to s. 373.421(1), this
 3  subsection also shall apply to an order of the department, or
 4  a local government exercising delegated authority, pursuant to
 5  ss. 373.403-373.443, except an order pertaining to activities
 6  or operations subject to conceptual plan approval pursuant to
 7  chapter 378 or an order resulting from an evidentiary hearing
 8  held under s. 120.569 or s. 120.57.
 9         (a)  Such review may be initiated by the department or
10  by a party to the proceeding below by filing a request for
11  review with the Land and Water Adjudicatory Commission and
12  serving a copy on the department and on any person named in
13  the rule or order within 20 days after adoption of the rule or
14  the rendering of the order. For the purposes of this section,
15  the term "party" means any affected person who submitted oral
16  or written testimony, sworn or unsworn, of a substantive
17  nature which stated with particularity objections to or
18  support for the rule or order that are cognizable within the
19  scope of the provisions and purposes of this chapter, or any
20  person who participated as a party in a proceeding instituted
21  pursuant to chapter 120.  In order for the commission to
22  accept a request for review initiated by a party below, with
23  regard to a specific order, four members of the commission
24  must determine on the basis of the record below that the
25  activity authorized by the order would substantially affect
26  natural resources of statewide or regional significance.
27  Review of an order may also be accepted if four members of the
28  commission determine that the order raises issues of policy,
29  statutory interpretation, or rule interpretation that have
30  regional or statewide significance from the standpoint of
31  agency precedent. The party requesting the commission to
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2120
    Amendment No. ___   Barcode 165262
 1  review an order must allege with particularity, and the
 2  commission must find, that:
 3         1.  The order is in conflict with statutory
 4  requirements; or
 5         2.  The order is in conflict with the requirements of a
 6  duly adopted rule.
 7         (b)  Review by the Land and Water Adjudicatory
 8  Commission is appellate in nature and shall be based solely on
 9  the record below.  If there was no evidentiary administrative
10  proceeding below, the facts contained in the proposed agency
11  action, including any technical staff report, shall be deemed
12  undisputed.  The matter shall be heard by the commission not
13  more than 60 days after receipt of the request for review,
14  unless waived by the parties.
15         (c)  If the Land and Water Adjudicatory Commission
16  determines that a rule of a water management district is not
17  consistent with the provisions and purposes of this chapter,
18  it may require the water management district to initiate
19  rulemaking proceedings to amend or repeal the rule.  If the
20  commission determines that an order is not consistent with the
21  provisions and purposes of this chapter, the commission may
22  rescind or modify the order or remand the proceeding for
23  further action consistent with the order of the Land and Water
24  Adjudicatory Commission only if the commission determines that
25  the activity authorized by the order would substantially
26  affect natural resources of statewide or regional
27  significance.  In the case of an order which does not itself
28  substantially affect natural resources of statewide or
29  regional significance, but which raises issues of policy that
30  have regional or statewide significance from the standpoint of
31  agency precedent, the commission may direct the district to
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2120
    Amendment No. ___   Barcode 165262
 1  initiate rulemaking to amend its rules to assure that future
 2  actions are consistent with the provisions and purposes of
 3  this chapter without modifying the order.
 4         (d)  In a review under this section of a construction
 5  permit issued pursuant to a conceptual permit under part IV,
 6  which conceptual permit is issued after July 1, 1993, a party
 7  to the review may not raise an issue which was or could have
 8  been raised in a review of the conceptual permit under this
 9  section.
10         (e)  A request for review under this section shall not
11  be a precondition to the seeking of judicial review pursuant
12  to s. 120.68 or the seeking of an administrative determination
13  of rule validity pursuant to s. 120.56.
14         (f)  The Florida Land and Water Adjudicatory Commission
15  may adopt rules to set forth its procedures for reviewing an
16  order or rule of a water management district consistent with
17  the provisions of this section.
18         (g)  For the purpose of this section, it shall be
19  presumed that activity authorized by an order will not affect
20  resources of statewide or regional significance if the
21  proposed activity:
22         1.  Occupies an area less than 10 acres in size, and
23         2.  Does not create impervious surfaces greater than 2
24  acres in size, and
25         3.  Is not located within 550 feet of the shoreline of
26  a named body of water designated as Outstanding Florida
27  Waters, and
28         4.  Does not adversely affect threatened or endangered
29  species.
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31  This paragraph shall not operate to hold that any activity
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2120
    Amendment No. ___   Barcode 165262
 1  that exceeds these limits is presumed to affect resources of
 2  statewide or regional significance.  The determination of
 3  whether an activity will substantially affect resources of
 4  statewide or regional significance shall be made on a
 5  case-by-case basis, based upon facts contained in the record
 6  below.
 7  
 8  (Redesignate subsequent sections.)
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11  ================ T I T L E   A M E N D M E N T ===============
12  And the title is amended as follows:
13         On page 32, line 10, following the semicolon
14  
15  insert:
16         amending s. 373.114, F.S.; revising provisions
17         relating to review of water management district
18         rules and orders;
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