Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1866
       
       
       
       
       
       
                                Barcode 602338                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/28/2012           .                                
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       The Committee on Budget (Margolis) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 4674
    4  and insert:
    5         Section 101. Notwithstanding s. 120.569, s. 120.57, or s.
    6  373.427, Florida Statutes, or any other provision of law to the
    7  contrary, a challenge to a consolidated environmental resource
    8  permit, or any associated variance, or any sovereign submerged
    9  lands authorization proposed or issued by the Department of
   10  Environmental Protection in connection with the state’s
   11  deepwater ports, as listed in s. 403.021(9), Florida Statutes,
   12  shall be conducted pursuant to the summary hearing provisions of
   13  s. 120.574, Florida Statutes; however, the summary proceeding
   14  shall be conducted within 30 days after a party files a motion
   15  for a summary hearing, regardless of whether the parties agree
   16  to the summary proceeding, and the administrative law judge’s
   17  decision shall be in the form of a recommended order and does
   18  not constitute final agency action of the department. The
   19  Department of Environmental Protection shall issue the final
   20  order within 45 working days after receipt of the administrative
   21  law judge’s recommended order. The summary hearing provisions of
   22  this section apply to pending administrative proceedings;
   23  however, s. 120.574(1)(b) and (d) and (2)(a)3. and 5., Florida
   24  Statutes, do not apply to pending administrative proceedings.
   25  This section shall take effect upon this act becoming a law.
   26         Section 102. Except as otherwise expressly provided in this
   27  act and except for this section, which shall take effect upon
   28  this act becoming a law, this act shall take effect July 1,
   29  2012.
   30  
   31  ================= T I T L E  A M E N D M E N T ================
   32         And the title is amended as follows:
   33         Delete line 463
   34  and insert:
   35         providing that a consolidated environmental resource
   36         permit, or associated variance, or any sovereign
   37         submerged lands authorization proposed or issued by
   38         the Department of Environmental Protection in
   39         connection with specified deepwater ports is subject
   40         to specified summary hearing provisions; requiring
   41         such proceedings to be conducted within a certain
   42         timeframe; providing that the administrative law
   43         judge’s decision is a recommended order and does not
   44         constitute final agency action of the department;
   45         requiring the department to issue the final order
   46         within a certain timeframe; providing applicability;
   47         providing effective dates.