Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1514
       
       
       
       
       
       
                                Barcode 440298                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/12/2011           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Agriculture (Montford) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 42 - 144
    4  and insert:
    5         Section 1. Subsections (4), (6), and (7) of section
    6  373.236, Florida Statutes, are amended, and subsection (8) is
    7  added to that section, to read:
    8         373.236 Duration of permits; compliance reports.—
    9         (4) Where necessary to maintain reasonable assurance that
   10  the conditions for issuance of a 20-year permit can continue to
   11  be met, the governing board or department, in addition to any
   12  conditions required pursuant to s. 373.219, may require a
   13  compliance report by the permittee every 10 years during the
   14  term of a permit. This review shall be limited to a 3-month
   15  period from the 10-year date. During the review, the department
   16  or governing board may make only one request for additional
   17  information. The Suwannee River Water Management District may
   18  require a compliance report by the permittee every 5 years
   19  through July 1, 2015, and thereafter every 10 years during the
   20  term of the permit. This review shall be limited to a 3-month
   21  period from the 10-year date. During the review, the department
   22  or governing board may make only one request for additional
   23  information. This report shall contain sufficient data to
   24  maintain reasonable assurance that the initial conditions for
   25  permit issuance are met. Following review of this report, the
   26  governing board or the department may modify the permit to
   27  ensure that the use meets the conditions for issuance. Permit
   28  modifications pursuant to this subsection shall not be subject
   29  to competing applications, provided there is no increase in the
   30  permitted allocation or permit duration, and no change in
   31  source, except for changes in source requested by the district.
   32  This subsection shall not be construed to limit the existing
   33  authority of the department or the governing board to modify or
   34  revoke a consumptive use permit.
   35         (6)(a) The Legislature finds that the need for alternative
   36  water supply development projects to meet anticipated public
   37  water supply demands of the state is so important that it is
   38  essential to encourage participation in and contribution to
   39  these projects by private-rural-land owners who
   40  characteristically have relatively modest near-term water
   41  demands but substantially increasing demands after the 20-year
   42  planning period in s. 373.709. Therefore, where such landowners
   43  make extraordinary contributions of lands or construction
   44  funding to enable the expeditious implementation of such
   45  projects, the governing board water management districts and the
   46  department may grant permits for such projects for a period of
   47  up to 50 years to municipalities, counties, special districts,
   48  regional water supply authorities, multijurisdictional water
   49  supply entities, and publicly or privately owned utilities, with
   50  the exception of any publicly or privately owned utilities
   51  created for or by a private landowner after April 1, 2008, which
   52  have entered into an agreement with the private landowner for
   53  the purpose of more efficiently pursuing alternative public
   54  water supply development projects identified in a district’s
   55  regional water supply plan and meeting water demands of both the
   56  applicant and the landowner.
   57         (b) A permit under paragraph (a) may be granted only for
   58  that period for which there is sufficient data to provide
   59  reasonable assurance that the conditions for permit issuance
   60  will be met. Such a permit shall require a compliance report by
   61  the permittee every 10 5 years during the term of the permit.
   62  The report shall contain sufficient data to maintain reasonable
   63  assurance that the conditions for permit issuance applicable at
   64  the time of district review of the compliance report are met.
   65  After review of this report, the governing board or the
   66  department may modify the permit to ensure that the use meets
   67  the conditions for issuance. This subsection does not limit the
   68  existing authority of the department or the governing board to
   69  modify or revoke a consumptive use permit.
   70         (7) A permit approved for a renewable energy generating
   71  facility or the cultivation of agricultural products on lands
   72  consisting of 1,000 acres or more for use in the production of
   73  renewable energy, as defined in s. 366.91(2)(d), shall be
   74  granted for a term of at least 25 years at the applicant’s
   75  request based on the anticipated life of the facility if there
   76  is sufficient data to provide reasonable assurance that the
   77  conditions for permit issuance will be met for the duration of
   78  the permit; otherwise, a permit may be issued for a shorter
   79  duration if requested by the applicant that reflects the longest
   80  period for which such reasonable assurances are provided. Such a
   81  permit is subject to compliance reports under subsection (4).
   82         (8) If requested by an existing consumptive use permit
   83  
   84  ================= T I T L E  A M E N D M E N T ================
   85         And the title is amended as follows:
   86         Delete lines 4 - 12
   87  and insert:
   88         the Department of Environmental Protection or
   89         governing board to limit its review following issuance
   90         of a consumptive use permit and make only one request
   91         for additional information; providing for the
   92         governing board rather than the district to grant
   93         permits for certain projects; extending the term to 10
   94         years from 5 years for submitting compliance reports;
   95         allowing a permit to be issued for a shorter period if
   96         requested by the applicant;