House Bill hb0813er

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  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.;


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  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


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  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  


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  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


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  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


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  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


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  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,


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  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


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  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  


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  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.


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  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


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  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


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  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


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  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


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  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


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  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


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    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  


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