Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 768
       
       
       
       
       
       
                                Barcode 914624                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2011           .                                
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       The Committee on Transportation (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 293 - 337
    4  and insert:
    5         (8) Except as otherwise provided in this section, the
    6  following procedures apply to the approval or denial of an
    7  application for a port conceptual permit or a final permit or
    8  authorization:
    9         (a) Applications for a port conceptual permit, including
   10  any request for the conceptual approval of the use of
   11  sovereignty submerged lands, shall be processed in accordance
   12  with the provisions of ss. 373.427 and 120.60, with the
   13  following exceptions:
   14         1. An application for a port conceptual permit, and any
   15  applications for subsequent construction contained in a port
   16  conceptual permit, must be approved or denied within 60 days
   17  after receipt of a completed application.
   18         2. The department may request additional information no
   19  more than twice, unless the applicant waives this limitation in
   20  writing. If the applicant does not provide a response to the
   21  second request for additional information within 90 days or
   22  another time period mutually agreed upon between the applicant
   23  and the department, the application shall be considered
   24  withdrawn. However,
   25         3. If the applicant believes that any request for
   26  additional information is not authorized by law or agency rule,
   27  the applicant may request an informal hearing pursuant to s.
   28  120.57(2) before the Secretary of Environmental Protection to
   29  determine whether the application is complete.
   30         4. If a third party petitions to challenge the issuance of
   31  a port conceptual permit by the department, the petitioner
   32  initiating the action has the burden of ultimate persuasion and,
   33  in the first instance, has the burden of going forward with the
   34  evidence.
   35         (b)(c) Final agency action on a port conceptual permit is
   36  subject to challenge pursuant to ss. 120.569 and 120.57.
   37  However, final agency action to authorize subsequent
   38  construction of facilities contained in a port conceptual permit
   39  333 may only be challenged by a third party for consistency with
   40  the 334 port conceptual permit.
   41         (c)(d) A person who will be substantially affected by a
   42  final agency action described in paragraph (b) (c) must initiate
   43  
   44  ================= T I T L E  A M E N D M E N T ================
   45         And the title is amended as follows:
   46         Delete lines 17 - 26
   47  and insert:
   48         373.4133, F.S.; providing exceptions to time
   49         limitations for the Department of Environmental
   50         Protection to issue a notice of intent to issue a port
   51         conceptual permit; providing that a third party who
   52         challenges the issuance of a port conceptual permit
   53         has the ultimate burden of proof and the burden of
   54         going forward with the evidence in the first instance;
   55         amending s. 403.813, F.S.;