SENATE AMENDMENT
    Bill No. CS for CS for SB 2120
    Amendment No. ___   Barcode 165262
                            CHAMBER ACTION
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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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    9:36 PM   04/30/01                              s2120c2c-27m0a

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 2 9:36 PM 04/30/01 s2120c2c-27m0a
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 3 9:36 PM 04/30/01 s2120c2c-27m0a
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. 30 31 This paragraph shall not operate to hold that any activity 4 9:36 PM 04/30/01 s2120c2c-27m0a
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.) 9 10 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; 19 20 21 22 23 24 25 26 27 28 29 30 31 5 9:36 PM 04/30/01 s2120c2c-27m0a