House Bill hb0813er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1
2 An act relating to environmental protection;
3 amending s. 201.15, F.S.; providing for
4 distribution of proceeds from excise taxes on
5 documents to pay debt service on Everglades
6 restoration bonds; creating s. 215.619, F.S.;
7 authorizing the issuance of Everglades
8 restoration bonds to finance or refinance the
9 cost of acquisition and improvement of land,
10 water areas, and related property interests and
11 resources for the purpose of implementing the
12 Comprehensive Everglades Restoration Plan;
13 providing procedures and limitations; providing
14 for deposit of funds in the Save Our Everglades
15 Trust Fund; amending s. 259.105, F.S.;
16 specifying time period for transfer of certain
17 Florida Forever Act funds into the Save Our
18 Everglades Trust Fund; specifying use of funds;
19 amending ss. 373.470 and 373.472, F.S.;
20 authorizing the payment of debt service on
21 Everglades restoration bonds from the Save Our
22 Everglades Trust Fund; revising requirements
23 for deposit of state and water management
24 district funds into the Save Our Everglades
25 Trust Fund; providing legislative intent that
26 the issuance of Everglades restoration bonds is
27 in the best interest of the state; amending s.
28 373.1502, F.S.; providing that certain project
29 components shall be exempt from permit
30 requirements; specifying land procurement
31 procedures; amending s. 373.114, F.S.;
1
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 providing that certain water management
2 district orders and rules are not subject to
3 specified review; amending s. 403.412, F.S.,
4 the "Environmental Protection Act of 1971";
5 revising requirements for initiating specified
6 proceedings under that act; providing effective
7 dates.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (1), paragraph (a) of subsection
12 (2), and subsections (11) and (12) of section 201.15, Florida
13 Statutes, are amended to read:
14 201.15 Distribution of taxes collected.--All taxes
15 collected under this chapter shall be distributed as follows
16 and shall be subject to the service charge imposed in s.
17 215.20(1), except that such service charge shall not be levied
18 against any portion of taxes pledged to debt service on bonds
19 to the extent that the amount of the service charge is
20 required to pay any amounts relating to the bonds:
21 (1) Sixty-two and sixty-three hundredths percent of
22 the remaining taxes collected under this chapter shall be used
23 for the following purposes:
24 (a) Amounts as shall be necessary to pay the debt
25 service on, or fund debt service reserve funds, rebate
26 obligations, or other amounts payable with respect to
27 Preservation 2000 bonds issued pursuant to s. 375.051 and
28 Florida Forever bonds issued pursuant to s. 215.618, shall be
29 paid into the State Treasury to the credit of the Land
30 Acquisition Trust Fund to be used for such purposes. The
31 amount transferred to the Land Acquisition Trust Fund for such
2
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 purposes shall not exceed $300 million in fiscal year
2 1999-2000 and thereafter for Preservation 2000 bonds and bonds
3 issued to refund Preservation 2000 bonds, and $300 million in
4 fiscal year 2000-2001 and thereafter for Florida Forever
5 bonds. The annual amount transferred to the Land Acquisition
6 Trust Fund for Florida Forever bonds shall not exceed $30
7 million in the first fiscal year in which bonds are issued.
8 The limitation on the amount transferred shall be increased by
9 an additional $30 million in each subsequent fiscal year, but
10 shall not exceed a total of $300 million in any fiscal year
11 for all bonds issued. It is the intent of the Legislature that
12 all bonds issued to fund the Florida Forever Act be retired by
13 December 31, 2030. Except for bonds issued to refund
14 previously issued bonds, no series of bonds may be issued
15 pursuant to this paragraph unless such bonds are approved and
16 the debt service for the remainder of the fiscal year in which
17 the bonds are issued is specifically appropriated in the
18 General Appropriations Act. For purposes of refunding
19 Preservation 2000 bonds, amounts designated within this
20 section for Preservation 2000 and Florida Forever bonds may be
21 transferred between the two programs to the extent provided
22 for in the documents authorizing the issuance of the bonds.
23 The Preservation 2000 bonds and Florida Forever bonds shall be
24 equally and ratably secured by moneys distributable to the
25 Land Acquisition Trust Fund pursuant to this section, except
26 to the extent specifically provided otherwise by the documents
27 authorizing the issuance of the bonds. No moneys transferred
28 to the Land Acquisition Trust Fund pursuant to this paragraph,
29 or earnings thereon, shall be used or made available to pay
30 debt service on the Save Our Coast revenue bonds.
31
3
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 (b) The remainder of the moneys distributed under this
2 subsection, after the required payment under paragraph (a),
3 shall be paid into the State Treasury to the credit of the
4 Save Our Everglades Trust Fund in amounts necessary to pay
5 debt service, provide reserves, and pay rebate obligations and
6 other amounts due with respect to bonds issued under s.
7 215.619.
8 (c)(b) The remainder of the moneys distributed under
9 this subsection, after the required payments payment under
10 paragraphs paragraph (a) and (b), shall be paid into the State
11 Treasury to the credit of the Land Acquisition Trust Fund and
12 may be used for any purpose for which funds deposited in the
13 Land Acquisition Trust Fund may lawfully be used. Payments
14 made under this paragraph shall continue until the cumulative
15 amount credited to the Land Acquisition Trust Fund for the
16 fiscal year under this paragraph and paragraph (2)(b) equals
17 70 percent of the current official forecast for distributions
18 of taxes collected under this chapter pursuant to subsection
19 (2). As used in this paragraph, the term "current official
20 forecast" means the most recent forecast as determined by the
21 Revenue Estimating Conference. If the current official
22 forecast for a fiscal year changes after payments under this
23 paragraph have ended during that fiscal year, no further
24 payments are required under this paragraph during the fiscal
25 year.
26 (d)(c) The remainder of the moneys distributed under
27 this subsection, after the required payments under paragraphs
28 paragraph (a), (b), and (c), shall be paid into the State
29 Treasury to the credit of the General Revenue Fund of the
30 state to be used and expended for the purposes for which the
31 General Revenue Fund was created and exists by law or to the
4
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 Ecosystem Management and Restoration Trust Fund or to the
2 Marine Resources Conservation Trust Fund as provided in
3 subsection (11).
4 (2) Seven and fifty-six hundredths percent of the
5 remaining taxes collected under this chapter shall be used for
6 the following purposes:
7 (a) Beginning in the month following the final payment
8 for a fiscal year under paragraph (1)(c)(b), available moneys
9 shall be paid into the State Treasury to the credit of the
10 General Revenue Fund of the state to be used and expended for
11 the purposes for which the General Revenue Fund was created
12 and exists by law or to the Ecosystem Management and
13 Restoration Trust Fund or to the Marine Resources Conservation
14 Trust Fund as provided in subsection (11). Payments made under
15 this paragraph shall continue until the cumulative amount
16 credited to the General Revenue Fund for the fiscal year under
17 this paragraph equals the cumulative payments made under
18 paragraph (1)(c)(b) for the same fiscal year.
19 (11) From the moneys specified in paragraphs (1)(d)(c)
20 and (2)(a) and prior to deposit of any moneys into the General
21 Revenue Fund, $30 million shall be paid into the State
22 Treasury to the credit of the Ecosystem Management and
23 Restoration Trust Fund in fiscal year 2000-2001 and each
24 fiscal year thereafter, to be used for the preservation and
25 repair of the state's beaches as provided in ss.
26 161.091-161.212, and $2 million shall be paid into the State
27 Treasury to the credit of the Marine Resources Conservation
28 Trust Fund to be used for marine mammal care as provided in s.
29 370.0603(3).
30 (12) The Department of Revenue may use the payments
31 credited to trust funds pursuant to paragraphs (1)(c)(b) and
5
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 (2)(b) and subsections (3), (4), (5), (6), (7), (8), (9), and
2 (10) to pay the costs of the collection and enforcement of the
3 tax levied by this chapter. The percentage of such costs which
4 may be assessed against a trust fund is a ratio, the numerator
5 of which is payments credited to that trust fund under this
6 section and the denominator of which is the sum of payments
7 made under paragraphs (1)(c)(b) and (2)(b) and subsections
8 (3), (4), (5), (6), (7), (8), (9), and (10).
9 Section 2. Section 215.619, Florida Statutes, is
10 created to read:
11 215.619 Bonds for Everglades restoration.--
12 (1) The issuance of Everglades restoration bonds to
13 finance or refinance the cost of acquisition and improvement
14 of land, water areas, and related property interests and
15 resources for the purpose of implementing the Comprehensive
16 Everglades Restoration Plan under s. 373.470 is authorized in
17 accordance with s. 11(e), Art. VII of the State Constitution.
18 Everglades restoration bonds, except refunding bonds, may be
19 issued only in fiscal years 2002-2003 through 2009-2010 and
20 may not be issued in an amount exceeding $100 million per
21 fiscal year unless the Department of Environmental Protection
22 has requested additional amounts in order to achieve cost
23 savings or accelerate the purchase of land. The duration of
24 Everglades restoration bonds may not exceed 20 annual
25 maturities, and those bonds must mature by December 31, 2030.
26 Except for refunding bonds, a series of bonds may not be
27 issued unless an amount equal to the debt service coming due
28 in the year of issuance has been appropriated by the
29 Legislature.
30 (2) The state covenants with the holders of Everglades
31 restoration bonds that it will not take any action that will
6
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 materially and adversely affect the rights of the holders so
2 long as the bonds are outstanding, including, but not limited
3 to, a reduction in the portion of documentary stamp taxes
4 distributable under s. 201.15(1) for payment of debt service
5 on Preservation 2000 bonds, Florida Forever bonds, or
6 Everglades restoration bonds.
7 (3) Everglades restoration bonds are payable from, and
8 secured by a first lien on, taxes distributable under s.
9 201.15(1)(b) and do not constitute a general obligation of, or
10 a pledge of the full faith and credit of, the state.
11 Everglades restoration bonds are junior and subordinate to
12 bonds secured by moneys distributable under s. 201.15(1)(a).
13 (4) The Department of Environmental Protection shall
14 request the Division of Bond Finance of the State Board of
15 Administration to issue Everglades restoration bonds under the
16 State Bond Act in an amount supported by projected
17 expenditures of the recipients of the proceeds of the bonds.
18 The Department of Environmental Protection shall coordinate
19 with the Division of Bond Finance to issue the bonds in a
20 cost-effective manner consistent with cash needs.
21 (5) The proceeds of Everglades restoration bonds, less
22 the costs of issuance, the costs of funding reserve accounts,
23 and other costs with respect to the bonds, shall be deposited
24 into the Save Our Everglades Trust Fund. The bond proceeds
25 deposited into the Save Our Everglades Trust Fund shall be
26 distributed by the Department of Environmental Protection as
27 provided in s. 373.470.
28 (6) Lands purchased using bond proceeds under this
29 paragraph which are later determined by the South Florida
30 Water Management District and the Department of Environmental
31 Protection as not needed to implement the Comprehensive Plan,
7
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 shall either be surplused at no less than appraised value, and
2 the proceeds from the sale of such lands shall be deposited
3 into the Save Our Everglades Trust Fund to be used to
4 implement the Comprehensive Plan, or the South Florida Water
5 Management District shall use a different source of funds to
6 pay for or reimburse the Save Our Everglades Trust Fund for
7 that portion of land not needed to implement the Comprehensive
8 Plan.
9 (7) There may not be any sale, disposition, lease,
10 easement, license, or other use of any land, water areas, or
11 related property interests acquired or improved with proceeds
12 of Everglades restoration bonds which would cause all or any
13 portion of the interest on the bonds to be included in gross
14 income for federal income tax purposes.
15 (8) Any complaint for validation of bonds issued under
16 this section may be filed only in the circuit court of the
17 county where the seat of state government is situated. The
18 notice required to be published by s. 75.06 may be published
19 only in the county where the complaint is filed, and the
20 complaint and order of the circuit court need be served only
21 on the state attorney of the circuit in which the action is
22 pending.
23 Section 3. Paragraph (a) of subsection (11) of section
24 259.105, Florida Statutes, is amended to read:
25 259.105 The Florida Forever Act.--
26 (11) For the purposes of funding projects pursuant to
27 paragraph (3)(a), the Secretary of Environmental Protection
28 shall ensure that each water management district receives the
29 following percentage of funds annually:
30 (a) Thirty-five percent to the South Florida Water
31 Management District, of which amount $25 million for 2 years
8
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 beginning in fiscal year 2000-2001 shall be transferred by the
2 Department of Environmental Protection into the Save Our
3 Everglades Trust Fund and shall be used exclusively to
4 implement the Comprehensive Plan under s. 373.470.
5 Section 4. Subsections (4), (5), and (6) of section
6 373.470, Florida Statutes, are amended to read:
7 373.470 Everglades restoration.--
8 (4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED
9 FOR DEPOSIT.--The following funds may be deposited into the
10 Save Our Everglades Trust Fund created by s. 373.472 to
11 finance implementation of the comprehensive plan:
12 (a) In fiscal year 2000-2001, funds described in s.
13 259.101(3).
14 (b) Funds described in subsection (5).
15 (c) Federal funds appropriated by Congress for
16 implementation of the comprehensive plan.
17 (d) Any additional funds appropriated by the
18 Legislature for the purpose of implementing the comprehensive
19 plan.
20 (e) Gifts designated for implementation of the
21 comprehensive plan from individuals, corporations, or other
22 entities.
23 (f) Funds made available pursuant to s. 201.15 for
24 debt service for Everglades restoration bonds.
25 (5) SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--
26 (a)1. For fiscal year 2000-2001, $50 million of state
27 funds shall be deposited into the Save Our Everglades Trust
28 Fund created by s. 373.472.
29 2. For each year of the 9 consecutive years beginning
30 with fiscal year 2001-2002, $75 million of state funds shall
31
9
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 be deposited into the Save Our Everglades Trust Fund created
2 by s. 373.472.
3 3. As an alternative to subparagraph 2., proceeds of
4 bonds issued under s. 215.619 may be deposited into the Save
5 Our Everglades Trust Fund created under s. 373.472. To
6 enhance flexibility, funds to be deposited into the Save Our
7 Everglades Trust Fund may consist of any combination of state
8 funds and Everglades restoration bonds.
9 (b) For each year of the 2 10 consecutive years
10 beginning with fiscal year 2000-2001, the department shall
11 deposit $25 million of the funds allocated to the district by
12 the department under s. 259.105(11)(a) into the Save Our
13 Everglades Trust Fund created by s. 373.472.
14 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST
15 FUND.--
16 (a) Except for funds appropriated for debt service,
17 the department shall distribute funds in the Save Our
18 Everglades Trust Fund to the district in accordance with a
19 legislative appropriation and s. 373.026(8)(b) and (c).
20 Distribution of funds from the Save Our Everglades Trust Fund
21 shall be equally matched by the cumulative contributions from
22 all local sponsors by fiscal year 2009-2010 by providing
23 funding or credits toward project components. The dollar value
24 of in-kind work by local sponsors in furtherance of the
25 comprehensive plan and existing interest in public lands
26 needed for a project component are credits towards the local
27 sponsors' contributions.
28 (b) The department shall distribute funds in the Save
29 Our Everglades Trust Fund to the district in accordance with a
30 legislative appropriation for debt service for Everglades
31 restoration bonds.
10
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 Section 5. Subsection (1) of section 373.472, Florida
2 Statutes, is amended to read:
3 373.472 Save Our Everglades Trust Fund.--
4 (1) There is created within the Department of
5 Environmental Protection the Save Our Everglades Trust Fund.
6 Funds in the trust fund shall be expended to implement the
7 comprehensive plan defined in s. 373.470(2)(a) and pay debt
8 service for Everglades restoration bonds issued pursuant to s.
9 215.619. The trust fund shall serve as the repository for
10 state, local, and federal project contributions in accordance
11 with s. 373.470(4).
12 Section 6. In accordance with s. 215.98(1), the
13 Legislature determines that the issuance of Everglades
14 restoration bonds under section 2 of this act is in the best
15 interest of the state and should be implemented.
16 Section 7. Paragraph (h) is added to subsection (3) of
17 section 373.1502, Florida Statutes, to read:
18 373.1502 Regulation of comprehensive plan project
19 components.--
20 (3) REGULATION OF COMPREHENSIVE PLAN STRUCTURES AND
21 FACILITIES.--
22 (h) Project components that would otherwise qualify as
23 exempt pursuant to s. 373.406 shall not need permits under
24 this section.
25 Section 8. Subsection (1) of section 373.114, Florida
26 Statutes, is amended to read:
27 373.114 Land and Water Adjudicatory Commission; review
28 of district rules and orders; department review of district
29 rules.--
30 (1) Except as provided in subsection (2), the Governor
31 and Cabinet, sitting as the Land and Water Adjudicatory
11
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 Commission, have the exclusive authority to review any order
2 or rule of a water management district, other than a rule
3 relating to an internal procedure of the district or a final
4 order resulting from an evidentiary hearing held under s.
5 120.569 or s. 120.57 or a rule that has been adopted after
6 issuance of a final order resulting from an evidentiary
7 hearing held under s. 120.56, to ensure consistency with the
8 provisions and purposes of this chapter. Subsequent to the
9 legislative ratification of the delineation methodology
10 pursuant to s. 373.421(1), this subsection also shall apply to
11 an order of the department, or a local government exercising
12 delegated authority, pursuant to ss. 373.403-373.443, except
13 an order pertaining to activities or operations subject to
14 conceptual plan approval pursuant to chapter 378 or a final
15 order resulting from an evidentiary hearing held under s.
16 120.569 or s. 120.57.
17 (a) Such review may be initiated by the department or
18 by a party to the proceeding below by filing a request for
19 review with the Land and Water Adjudicatory Commission and
20 serving a copy on the department and on any person named in
21 the rule or order within 20 days after adoption of the rule or
22 the rendering of the order. For the purposes of this section,
23 the term "party" means any affected person who submitted oral
24 or written testimony, sworn or unsworn, of a substantive
25 nature which stated with particularity objections to or
26 support for the rule or order that are cognizable within the
27 scope of the provisions and purposes of this chapter, or any
28 person who participated as a party in a proceeding instituted
29 pursuant to chapter 120. In order for the commission to
30 accept a request for review initiated by a party below, with
31 regard to a specific order, three four members of the
12
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 commission must determine on the basis of the record below
2 that the activity authorized by the order would substantially
3 affect natural resources of statewide or regional
4 significance. Review of an order may also be accepted if three
5 four members of the commission determine that the order raises
6 issues of policy, statutory interpretation, or rule
7 interpretation that have regional or statewide significance
8 from the standpoint of agency precedent. The party requesting
9 the commission to review an order must allege with
10 particularity, and the commission must find, that:
11 1. The order is in conflict with statutory
12 requirements; or
13 2. The order is in conflict with the requirements of a
14 duly adopted rule.
15 (b) Review by the Land and Water Adjudicatory
16 Commission is appellate in nature and shall be based solely on
17 the record below unless the commission determines that a
18 remand for a formal evidentiary proceeding is necessary to
19 develop additional findings of fact. If there is was no
20 evidentiary administrative proceeding resulting from a remand
21 or referral for findings of fact by the commission, then
22 below, the facts contained in the proposed agency action or
23 proposed water management district action, including any
24 technical staff report, shall be deemed undisputed. The
25 matter shall be heard by the commission not more than 60 days
26 after receipt of the request for review, unless waived by the
27 parties; provided, however, such time limit shall be tolled by
28 a referral or remand pursuant to this paragraph. The
29 commission may refer a request for review to the Division of
30 Administrative Hearings for the production of findings of
31 fact, limited to those needed to render the decision
13
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 requested, to supplement the record, if a majority of the
2 commission determines that supplementary findings of fact are
3 essential to determine the consistency of a rule or order with
4 the provisions and purposes of this chapter. Alternatively,
5 the commission may remand the matter to the agency below for
6 additional findings of fact, limited to those needed to render
7 the decision requested, to supplement the record, if a
8 majority of the commission determines that supplementary
9 findings of fact are essential to determine the consistency of
10 a rule or order with the provisions and purposes of this
11 chapter. Such proceedings must be conducted and the findings
12 transmitted to the commission within 90 days of the remand or
13 referral.
14 (c) If the Land and Water Adjudicatory Commission
15 determines that a rule of a water management district is not
16 consistent with the provisions and purposes of this chapter,
17 it may require the water management district to initiate
18 rulemaking proceedings to amend or repeal the rule. If the
19 commission determines that an order is not consistent with the
20 provisions and purposes of this chapter, the commission may
21 rescind or modify the order or remand the proceeding for
22 further action consistent with the order of the Land and Water
23 Adjudicatory Commission only if the commission determines that
24 the activity authorized by the order would substantially
25 affect natural resources of statewide or regional
26 significance. In the case of an order which does not itself
27 substantially affect natural resources of statewide or
28 regional significance, but which raises issues of policy that
29 have regional or statewide significance from the standpoint of
30 agency precedent, the commission may direct the district to
31 initiate rulemaking to amend its rules to assure that future
14
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 actions are consistent with the provisions and purposes of
2 this chapter without modifying the order.
3 (d) In a review under this section of a construction
4 permit issued pursuant to a conceptual permit under part IV,
5 which conceptual permit is issued after July 1, 1993, a party
6 to the review may not raise an issue which was or could have
7 been raised in a review of the conceptual permit under this
8 section.
9 (e) A request for review under this section shall not
10 be a precondition to the seeking of judicial review pursuant
11 to s. 120.68 or the seeking of an administrative determination
12 of rule validity pursuant to s. 120.56.
13 (f) The Florida Land and Water Adjudicatory Commission
14 may adopt rules to set forth its procedures for reviewing an
15 order or rule of a water management district consistent with
16 the provisions of this section.
17 (g) For the purpose of this section, it shall be
18 presumed that activity authorized by an order will not affect
19 resources of statewide or regional significance if the
20 proposed activity:
21 1. Occupies an area less than 10 acres in size, and
22 2. Does not create impervious surfaces greater than 2
23 acres in size, and
24 3. Is not located within 550 feet of the shoreline of
25 a named body of water designated as Outstanding Florida
26 Waters, and
27 4. Does not adversely affect threatened or endangered
28 species.
29
30 This paragraph shall not operate to hold that any activity
31 that exceeds these limits is presumed to affect resources of
15
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 statewide or regional significance. The determination of
2 whether an activity will substantially affect resources of
3 statewide or regional significance shall be made on a
4 case-by-case basis, based upon facts contained in the record
5 below.
6 Section 9. Subsection (5) of section 403.412, Florida
7 Statutes, is amended, present subsection (6) is renumbered as
8 subsection (8), and new subsections (6) and (7) are added to
9 said section to read:
10 403.412 Environmental Protection Act.--
11 (5) In any administrative, licensing, or other
12 proceedings authorized by law for the protection of the air,
13 water, or other natural resources of the state from pollution,
14 impairment, or destruction, the Department of Legal Affairs, a
15 political subdivision or municipality of the state, or a
16 citizen of the state shall have standing to intervene as a
17 party on the filing of a verified pleading asserting that the
18 activity, conduct, or product to be licensed or permitted has
19 or will have the effect of impairing, polluting, or otherwise
20 injuring the air, water, or other natural resources of the
21 state. As used in this section and as it relates to citizens,
22 the term "intervene" means to join an ongoing s. 120.569 or s.
23 120.57 proceeding; this section does not authorize a citizen
24 to institute, initiate, petition for, or request a proceeding
25 under s. 120.569 or s. 120.57. Nothing herein limits or
26 prohibits a citizen whose substantial interests will be
27 determined or affected by a proposed agency action from
28 initiating a formal administrative proceeding under s. 120.569
29 or s. 120.57. A citizen's substantial interests will be
30 considered to be determined or affected if the party
31 demonstrates it may suffer an injury in fact which is of
16
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature HB 813, Third Engrossed
1 sufficient immediacy and is of the type and nature intended to
2 be protected by this chapter. No demonstration of special
3 injury different in kind from the general public at large is
4 required. A sufficient demonstration of a substantial interest
5 may be made by a petitioner who establishes that the proposed
6 activity, conduct, or product to be licensed or permitted
7 affects the petitioner's use or enjoyment of air, water, or
8 natural resources protected by this chapter.
9 (6) Any Florida corporation not for profit which has
10 at least 25 current members residing within the county where
11 the activity is proposed, and which was formed for the purpose
12 of the protection of the environment, fish and wildlife
13 resources, and protection of air and water quality, may
14 initiate a hearing pursuant to s. 120.569 or s. 120.57,
15 provided that the Florida corporation not for profit was
16 formed at least one year prior to the date of the filing of
17 the application for a permit, license, or authorization that
18 is the subject of the notice of proposed agency action.
19 (7) In a matter pertaining to a federally delegated or
20 approved program, a citizen of the state may initiate an
21 administrative proceeding under this subsection if the citizen
22 meets the standing requirements for judicial review of a case
23 or controversy pursuant to Article III of the United States
24 Constitution.
25 Section 10. Except as otherwise provided herein, this
26 act shall take effect July 1, 2002.
27
28
29
30
31
17
CODING: Words stricken are deletions; words underlined are additions.