Bill Text: FL H7175 | 2010 | Regular Session | Introduced

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Bill Title: Consumptive Use Permits

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar [H7175 Detail]

Download: Florida-2010-H7175-Introduced.html

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HB 7175

1	A bill to be entitled
2	An act relating to consumptive use permits; amending s.
3	373.236, F.S.; reducing the frequency of compliance
4	reports during the term of a consumptive use permit;
5	prohibiting decreases in the maximum permitted allocation
6	for consumptive use of water under specified conditions;
7	amending s. 373.243, F.S.; providing for an exception to
8	certain revocation of consumptive use permits for
9	implementation of conservation measures; providing an
10	effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Subsection (4) of section 373.236, Florida
15	Statutes, is amended to read:
16	373.236 Duration of permits; compliance reports.-
17	(4) Where necessary to maintain reasonable assurance that
18	the conditions for issuance of a 20-year permit can continue to
19	be met, the governing board or department, in addition to any
20	conditions required pursuant to s. 373.219, may require a
21	compliance report by the permittee every 10 5 years during the
22	term of a permit. This report shall contain sufficient data to
23	maintain reasonable assurance that the initial conditions for
24	permit issuance are met. Following review of this report, the
25	governing board or the department may modify the permit to
26	ensure that the use meets the conditions for issuance. Decreases
27	in the permittee's need for the permitted allocation due to
28	conservation activities shall not result in a modification that
29	decreases the maximum allocation during the term of the permit.
30	An agricultural water use permit that requires implementation of
31	the most efficient irrigation system that is economically
32	feasible and available at the time of permit issuance shall not
33	be modified to decrease the maximum allocation during the term
34	of the permit if the permittee has implemented the required
35	irrigation system. Permit modifications pursuant to this
36	subsection shall not be subject to competing applications,
37	provided there is no increase in the permitted allocation or
38	permit duration, and no change in source, except for changes in
39	source requested by the district. This subsection shall not be
40	construed to limit the existing authority of the department or
41	the governing board to modify or revoke a consumptive use
42	permit.
43	Section 2. Subsection (4) of section 373.243, Florida
44	Statutes, is amended to read:
45	373.243 Revocation of permits.-The governing board or the
46	department may revoke a permit as follows:
47	(4) For nonuse of the water supply allowed by the permit
48	for a period of 2 years or more, the governing board or the
49	department may revoke the permit permanently and in whole unless
50	the user can prove that his or her nonuse was due to extreme
51	hardship caused by factors beyond the user's control or due to
52	reductions in water use caused by the implementation of
53	conservation measures. For a permit issued pursuant to s.
54	373.236(7), the governing board or the department may revoke the
55	permit only if the nonuse of the water supply allowed by the
56	permit is for a period of 4 years or more.
57	Section 3. This act shall take effect July 1, 2010.

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