| 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 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 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. |