Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2502
Barcode 282494
CHAMBER ACTION
Senate House
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11 The Committee on Environmental Preservation (Dockery)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 373.1135, Florida Statutes, is
19 created to read:
20 373.1135 Small business program.--Each water
21 management district, as created in this chapter, may implement
22 a small business program designed to help small businesses,
23 including those owned by women and minorities, to participate
24 in district procurement and contract activities. The purpose
25 of the program is to spur economic development and support
26 small businesses, including women and minority-owned
27 businesses, to successfully expand in the marketplace. Program
28 specifics shall be provided by rule pursuant to s. 373.113.
29 Section 2. Paragraph (a) of subsection (1) of section
30 373.073, Florida Statutes, is amended to read:
31 373.073 Governing board.--
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2502
Barcode 282494
1 (1)(a) The governing board of each water management
2 district shall be composed of 9 members who shall reside
3 within the district, except that the Southwest Florida Water
4 Management District shall be composed of 11 members who shall
5 reside within the district. Members of the governing boards
6 shall be appointed by the Governor, subject to confirmation by
7 the Senate at the next regular session of the Legislature, and
8 the refusal or failure of the Senate to confirm an appointment
9 creates a vacancy in the office to which the appointment was
10 made. The term of office for a governing board member is 4
11 years and commences on March 2 of the year in which the
12 appointment is made and terminates on March 1 of the fourth
13 calendar year of the term or will continue in office until a
14 successor is appointed. Terms of office of governing board
15 members shall be staggered to help maintain consistency and
16 continuity in the exercise of governing board duties and to
17 minimize disruption in district operations.
18 Section 3. Subsection (13) of section 373.414, Florida
19 Statutes, is amended to read:
20 373.414 Additional criteria for activities in surface
21 waters and wetlands.--
22 (13) Any declaratory statement issued by the
23 department under s. 403.914, 1984 Supplement to the Florida
24 Statutes 1983, as amended, or pursuant to rules adopted
25 thereunder, or by a water management district under s.
26 373.421, in response to a petition filed on or before June 1,
27 1994, shall continue to be valid for the duration of such
28 declaratory statement. Any such petition pending on June 1,
29 1994, shall be exempt from the methodology ratified in s.
30 373.4211, but the rules of the department or the relevant
31 water management district, as applicable, in effect prior to
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2502
Barcode 282494
1 the effective date of s. 373.4211, shall apply. Until May 1,
2 1998, activities within the boundaries of an area subject to a
3 petition pending on June 1, 1994, and prior to final agency
4 action on such petition, shall be reviewed under the rules
5 adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
6 Florida Statutes 1983, as amended, and this part, in existence
7 prior to the effective date of the rules adopted under
8 subsection (9), unless the applicant elects to have such
9 activities reviewed under the rules adopted under this part,
10 as amended in accordance with subsection (9). In the event
11 that a jurisdictional declaratory statement pursuant to the
12 vegetative index in effect prior to the effective date of
13 chapter 84-79, Laws of Florida, has been obtained and is valid
14 prior to the effective date of the rules adopted under
15 subsection (9) or July 1, 1994, whichever is later, and the
16 affected lands are part of a project for which a master
17 development order has been issued pursuant to s. 380.06(21),
18 the declaratory statement shall remain valid for the duration
19 of the buildout period of the project. Any jurisdictional
20 determination validated by the department pursuant to rule
21 17-301.400(8), Florida Administrative Code, as it existed in
22 rule 17-4.022, Florida Administrative Code, on April 1, 1985,
23 shall remain in effect for a period of 5 years following the
24 effective date of this act if proof of such validation is
25 submitted to the department prior to January 1, 1995. In the
26 event that a jurisdictional determination has been revalidated
27 by the department pursuant to this subsection and the affected
28 lands are part of a project for which a development order has
29 been issued pursuant to s. 380.06(15), a final development
30 order to which s. 163.3167(8) applies has been issued, or a
31 vested rights determination has been issued pursuant to s.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2502
Barcode 282494
1 380.06(20), the jurisdictional determination shall remain
2 valid until the completion of the project, provided proof of
3 such validation and documentation establishing that the
4 project meets the requirements of this sentence are submitted
5 to the department prior to January 1, 1995. Activities
6 proposed within the boundaries of a valid declaratory
7 statement issued pursuant to a petition submitted to either
8 the department or the relevant water management district on or
9 before prior to June 1, 1994, or a revalidated jurisdictional
10 determination, prior to its expiration shall continue
11 thereafter to be exempt from the methodology ratified in s.
12 373.4211 and to be reviewed under the rules adopted pursuant
13 to ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
14 1983, as amended, and this part, in existence prior to the
15 effective date of the rules adopted under subsection (9),
16 unless the applicant elects to have such activities reviewed
17 under the rules adopted under this part, as amended in
18 accordance with subsection (9).
19 Section 4. This act shall take effect upon becoming a
20 law.
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23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 Delete everything before the enacting clause
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27 and insert:
28 A bill to be entitled
29 An act relating to water management districts;
30 creating s. 373.1135, F.S.; authorizing each
31 water management district to establish a small
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2502
Barcode 282494
1 business program to encourage small businesses,
2 including those owned by women and minorities,
3 to participate in district procurement and
4 contract activities; amending s. 373.073, F.S.;
5 allowing a water management district government
6 board member to serve until a replacement has
7 been appointed; amending s. 373.414, F.S.;
8 allowing a petition for a jurisdictional
9 declaratory statement to be submitted to either
10 the Department of Environmental Protection or a
11 water management district on or before June 1,
12 1994; providing an effective date.
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