Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for HB 993
       
       
       
       
       
       
                                Barcode 116030                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             05/04/2011 04:36 PM       .      05/05/2011 11:30 AM       
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 837 and 838
    4  insert:
    5         Section 10. Paragraph (p) is added to subsection (2) of
    6  section 120.569, Florida Statutes, to read:
    7         120.569 Decisions which affect substantial interests.—
    8         (2)
    9         (p) For any proceeding arising under chapter 373, chapter
   10  378, or chapter 403, if a nonapplicant petitions as a third
   11  party to challenge an agency’s issuance of a license, permit, or
   12  conceptual approval, the order of presentation in the proceeding
   13  is for the permit applicant to present a prima facie case
   14  demonstrating entitlement to the license, permit, or conceptual
   15  approval, followed by the agency. This demonstration may be made
   16  by entering into evidence the application and relevant material
   17  submitted to the agency in support of the application, and the
   18  agency’s staff report or notice of intent to approve the permit,
   19  license, or conceptual approval. Subsequent to the presentation
   20  of the applicant’s prima facie case and any direct evidence
   21  submitted by the agency, the petitioner initiating the action
   22  challenging the issuance of the license, permit, or conceptual
   23  approval has the burden of ultimate persuasion and has the
   24  burden of going forward to prove the case in opposition to the
   25  license, permit, or conceptual approval through the presentation
   26  of competent and substantial evidence. The permit applicant and
   27  agency may on rebuttal present any evidence relevant to
   28  demonstrating that the application meets the conditions for
   29  issuance. Notwithstanding subsection (1), this paragraph applies
   30  to proceedings under s. 120.574.
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33         And the title is amended as follows:
   34         Delete line 66
   35  and insert:
   36         ratification; amending s. 120.569, F.S.; providing
   37         that a nonapplicant who petitions to challenge an
   38         agency’s issuance of a license, permit, or conceptual
   39         approval in certain circumstances has the burden of
   40         ultimate persuasion and the burden of going forward
   41         with evidence; providing an effective date.