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