HOUSE AMENDMENT

                                                Bill No. CS/HB 819

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Cantens offered the following:

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13         Amendment (with title amendment) 

14         On page 6, line 30 through page 8, line 5

15  remove:  all of said lines

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17  and insert:

18         (f)  In any action instituted pursuant to this section,

19  other than an action involving a state NPDES permit authorized

20  under s. 403.0885, the prevailing party or parties shall be

21  entitled to costs and attorney's fees. Any award of attorney's

22  fees in an action involving such a state NPDES permit shall be

23  discretionary with the court.  If the court has reasonable

24  ground to doubt the solvency of the plaintiff or the

25  plaintiff's ability to pay any cost or judgment which might be

26  rendered against him or her in an action brought under this

27  section, the court may order the plaintiff to post a good and

28  sufficient surety bond or cash.

29         (5)  In any administrative, licensing, or other

30  proceedings authorized by law for the protection of the air,

31  water, or other natural resources of the state from pollution,

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    File original & 9 copies    03/12/02
    hep0001                     06:36 pm         00819-0114-463959




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 819

    Amendment No. ___ (for drafter's use only)





  1  impairment, or destruction, the Department of Legal Affairs, a

  2  political subdivision or municipality of the state, or a

  3  citizen of the state shall have standing to intervene as a

  4  party on the filing of a verified pleading asserting that the

  5  activity, conduct, or product to be licensed or permitted has

  6  or will have the effect of impairing, polluting, or otherwise

  7  injuring the air, water, or other natural resources of the

  8  state. As used in this section and as it relates to citizens,

  9  the term "intervene" means to join an ongoing s. 120.569 or s.

10  120.57 proceeding; this section does not authorize a citizen

11  to institute, initiate, petition for, or request a proceeding

12  under s. 120.569 or s. 120.57.  Nothing herein limits or

13  prohibits a citizen whose substantial interests will be

14  determined or affected by a proposed agency action from

15  initiating a formal administrative proceeding under s. 120.569

16  or s. 120.57, or initiating an administrative proceeding if

17  the citizen meets the standing requirements for judicial

18  review of a case or controversy pursuant to Article III of the

19  United States Constitution in a matter pertaining to a

20  federally delegated or approved program.  For purposes of this

21  section, a citizen's substantial interests will be considered

22  to be determined or affected if the party demonstrates it may

23  suffer an injury in fact which is of sufficient immediacy and

24  is of the type and nature intended to be protected by this

25  chapter.  A sufficient demonstration of a substantial interest

26  may be made by a petitioner that establishes that the proposed

27  activity, conduct, or product to be licensed or permitted

28  affects the petitioner's use or enjoyment of air, water, or

29  natural resources protected by this chapter.  Any non-profit

30  corporation or association which has at least 25 current

31  members residing within the county where the activity is

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    File original & 9 copies    03/12/02
    hep0001                     06:36 pm         00819-0114-463959




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 819

    Amendment No. ___ (for drafter's use only)





  1  proposed, and which was formed for the purpose of the

  2  protection of the environment, fish and wildlife resources,

  3  and protection of air and water quality, may initiate a

  4  hearing pursuant to s. 120.569 or s. 120.57, provided that the

  5  non-profit corporation or association was formed at least one

  6  year prior to the date of the filing of the application for a

  7  permit, license, or authorization which is the subject of the

  8  notice of agency action.  Existence of the required number of

  9  members of the organization may be established through the

10  submission of an affidavit, current membership list, or

11  corporate or organizational business records, including the

12  names and addresses of the 25 current members.  No

13  demonstration of special injury different in kind from the

14  general public at large is required.

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

18  And the title is amended as follows:

19         On page 1, lines 9 thru 12

20  remove:  all of said lines

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22  and insert:

23         act; providing an effective date.

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    File original & 9 copies    03/12/02
    hep0001                     06:36 pm         00819-0114-463959