Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1858
                                Barcode 764690                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/09/2012 11:18 PM       .                                

       Senator Hays moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 12 and 13
    4  insert:
    5         Section 1. Subsection (5) of section 373.236, Florida
    6  Statutes, is amended to read:
    7         373.236 Duration of permits; compliance reports.—
    8         (5)(a) Permits approved for the development of alternative
    9  water supplies shall be granted for a term of at least 20 years
   10  if there is sufficient data to provide reasonable assurance that
   11  the conditions for permit issuance will be met for the duration
   12  of the permit. However, if the permittee issues bonds for the
   13  construction of the project, upon request of the permittee
   14  before prior to the expiration of the permit, the that permit
   15  shall be extended for such additional time as is required for
   16  the retirement of bonds, not including any refunding or
   17  refinancing of such bonds, if provided that the governing board
   18  determines that the use will continue to meet the conditions for
   19  the issuance of the permit. Such a permit is subject to
   20  compliance reports under subsection (4).
   21         (b)1.Permits approved on or after July 1, 2012, for the
   22  development of alternative water supplies shall be granted for a
   23  term of at least 30 years if there is sufficient data to provide
   24  reasonable assurance that the conditions for permit issuance
   25  will be met for the duration of the permit. If, within 7 years
   26  after a permit is granted, the permittee issues bonds to finance
   27  the project, completes construction of the project, and requests
   28  an extension of the permit duration, the permit shall be
   29  extended to expire upon the retirement of such bonds or 30 years
   30  after the date construction of the project is complete,
   31  whichever occurs later. However, a permit’s duration may not be
   32  extended by more than 7 years beyond the permit’s original
   33  expiration date. A 7-year permit extension, as described in this
   34  subparagraph, shall be applicable to any 30-year permit for the
   35  development of alternative water supplies granted between June
   36  1, 2011, and July 1, 2012.
   37         2.Permits issued under this paragraph are subject to
   38  compliance reports under subsection (4). However, if the
   39  permittee demonstrates that bonds issued to finance the project
   40  are outstanding, the quantity of alternative water allocated in
   41  the permit may not be reduced during a compliance report review
   42  unless a reduction is needed to address unanticipated harm to
   43  water resources or to existing legal uses present when the
   44  permit was issued. A reduction required by an applicable water
   45  shortage order shall apply to permits issued under this
   46  paragraph.
   47         3. Permits issued under this paragraph may not authorize
   48  the use of nonbrackish groundwater supplies or nonalternative
   49  water supplies.
   50         (c) Entities that wish to develop alternative water
   51  supplies may apply for a permit under paragraph (a) or paragraph
   52  (b).
   54  ================= T I T L E  A M E N D M E N T ================
   55         And the title is amended as follows:
   56         Delete line 3
   57  and insert:
   58         improvements; amending s. 373.236, F.S.; specifying
   59         conditions for the issuance of permits for the
   60         development of alternative water supplies; requiring
   61         that certain permits be granted for at least 30 years;
   62         requiring that such permits be extended under
   63         specified conditions; providing for a reduction in
   64         permitted water quantities during compliance reviews
   65         under certain circumstances; excluding from
   66         application of the act a permit for nonbrackish
   67         groundwater or nonalternative water supplies;
   68         providing an option for the duration of an alternative
   69         water supply permit to a county, special district,
   70         regional water supply authority, multijurisdictional
   71         water supply entity, or publicly or privately owned
   72         utility; creating s. 373.4591, F.S.; requiring a