Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. PCS (975266) for SB 1404
       
       
       
       
       
       
                                Barcode 754684                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Environmental Preservation and Conservation
       (Sobel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 188 - 209
    4  and insert:
    5         (p) For any proceeding arising under chapter 373, chapter
    6  378, or chapter 403, if a nonapplicant petitions as a third
    7  party to challenge an agency’s issuance of a license, permit, or
    8  conceptual approval, the order of presentation in the proceeding
    9  shall be for the permit applicant to present a prima facie case
   10  demonstrating entitlement to the license, permit, or conceptual
   11  approval, followed by the agency. This demonstration shall be
   12  made by entering into evidence the application and material
   13  submitted to the agency in support of the application, the
   14  agency’s staff report and notice of intent to approve the
   15  permit, license, or conceptual approval, which the petitioner
   16  shall rebut with competent and substantial evidence. The permit
   17  applicant and agency may on rebuttal present any evidence
   18  relevant to demonstrating that the application meets the
   19  conditions for issuance. Notwithstanding subsection (1), this
   20  paragraph applies to proceedings under s. 120.574.
   21  
   22  ================= T I T L E  A M E N D M E N T ================
   23         And the title is amended as follows:
   24         Delete lines 3 - 7
   25  and insert:
   26         s. 120.569, F.S.; requiring that a nonapplicant who
   27         petitions to challenge an agency’s issuance of a
   28         license or conceptual approval rebut with competent
   29         and substantial evidence certain evidence submitted by
   30         the agency;