Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 602
                                Barcode 866662                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2012           .                                

       The Committee on Budget Subcommittee on General Government
       Appropriations (Latvala) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete line 129
    4  and insert:
    5         Section 4. 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 shall issue the final order within 45 working days
   20  after receipt of the administrative law judge’s recommended
   21  order. The summary hearing provisions of this section apply to
   22  pending administrative proceedings. However, the provisions of
   23  s. 120.574(1)(b) and (d), Florida Statutes, do not apply to
   24  pending administrative proceedings. This section shall take
   25  effect upon this act becoming a law.
   26         Section 5. 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.
   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 27
   34  and insert:
   35         programs; requiring a challenge to a consolidated
   36         environmental resource permit or associated variance
   37         or any sovereign submerged lands authorization
   38         proposed or issued by the Department of Environmental
   39         Protection in connection with specified deepwater
   40         ports to be conducted pursuant specified summary
   41         hearing provisions and within a certain timeframe;
   42         providing that the administrative law judge’s decision
   43         is a recommended order and does not constitute final
   44         agency action of the department; requiring the
   45         department to issue the final order within a certain
   46         timeframe; providing applicability; providing
   47         effective dates.