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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 1399, 2nd Eng.

536654

CHAMBER ACTION

Senate

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House



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Senator Geller moved the following amendment to amendment

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(844108):

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     Senate Amendment (with title amendment)

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     Between line(s) 27 and 28,

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insert:

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     Section 2.  Subsection (1) of section 120.52, Florida

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Statutes, is amended to read:

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     120.52  Definitions.--As used in this act:

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     (1)  "Agency" means:

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     (a)  The Governor in the exercise of all executive powers

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other than those derived from the constitution.

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     (b)  Each:

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     1.  State officer and state department, and each

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departmental unit described in s. 20.04.

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     2.  Authority, including a regional water supply authority.

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     3.  Board, including the Board of Governors of the State

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University System and a state university board of trustees when

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acting pursuant to statutory authority derived from the

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Legislature.

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     4.  Commission, including the Commission on Ethics and the

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Fish and Wildlife Conservation Commission when acting pursuant to

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statutory authority derived from the Legislature.

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     5.  Regional planning agency.

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     6.  Multicounty special district with a majority of its

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governing board comprised of nonelected persons.

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     7.  Educational units.

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     8.  Entity described in chapters 163, 373, 380, and 582 and

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s. 186.504.

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     (c)  Each other unit of government in the state, including

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counties and municipalities, to the extent they are expressly

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made subject to this act by general or special law or existing

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judicial decisions.

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This definition does not include any legal entity or agency

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created in whole or in part pursuant to chapter 361, part II, any

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metropolitan planning organization created pursuant to s.

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339.175, any separate legal or administrative entity created

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pursuant to s. 339.175 of which a metropolitan planning

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organization is a member, an expressway authority pursuant to

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chapter 348 or any transportation authority under chapter 343 or

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chapter 349, any legal or administrative entity created by an

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interlocal agreement pursuant to s. 163.01(7), unless any party

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to such agreement is otherwise an agency as defined in this

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subsection, or any multicounty special district with a majority

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of its governing board comprised of elected persons; however,

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this definition shall include a regional water supply authority.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 2752, after the first semicolon,

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insert:

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amending s. 120.52, F.S.; redefining the term "agency" for

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the purposes of the Administrative Procedures Act;

5/1/2008  8:44:00 AM     31-09347-08

CODING: Words stricken are deletions; words underlined are additions.

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