Title: Revised Statutory Language
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Title: Revised Statutory Language
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Memorandum To: Participants in 20-Year Permit Meeting From: Sally Mann Date: January 9, 1996
General Note: Box 8, Folder 6 ( Vail Conference, 1996 - 1996 ), Item 33
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00001507
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
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Full Text



THE FLORIDA LEGISLATURE


WATER MANAGEMENT DISTRICT
REVIEW COMMISSION


Phillip D. Lewis, Chairman
William M. Bishop Mimi K. McAndrews
Senator Charles Broason Senator John McKay
Rosaua D. Cordova Mayor Carol Jaudon McQueen
Thomas H. Dyer Robert E. Nedloy
John M. Filalysom Thomas E. Oakley
Richard J. Gross Representative Vernon Peeples
Joe Marlin Hilliard Howard L. Searcy
Mary A. Kumpe Commissioner Samuel Taylor
Representative John Lanrent MEMORANDUM Commissioner Patti B. Webster
John R. Maloy Sanford N. Young


TO: Participants in 20-Year Permit Meeting

FROM: Sally Mann

DATE: January 9, 1996

RE: Revised Statutory Language


Based on the consensus reached at Monday's meeting, I have revised the recommenda-
tion previously adopted by the Commission to incorporate statutory language based on the
eight guiding principles approved by the Commission on December 1, 1995. In a couple of
places, I rearranged word order or paraphrased what I believed to be the group's intent, in an
effort to improve clarity and avoid ambiguous words. For example, in the second sentence of
paragraph (2)(a), I felt that the phrase "shall not require evaluation of competition for available
water supplies with any proposed new use" was not only wordy, but could also be interpreted
to allow competing use evaluation. Similarly, in paragraph (2)(c), I substituted "if" for "and"
just before (i), and in subsection (3), I moved the phrases around a little to emphasize that the
focus of the permit modification/renewal was on implementation of water-saving measures.
Should anyone have a concern about my alterations, please do not hesitate to give me a call.
Otherwise, as noted at the top of the attached document, the new language will be substituted
for the prior recommendation and guiding principles adopted by the Commission and incorpo-
rated in proposed bills to be reviewed by Commissioners on January 30th.

On behalf of Commission members, I would like to express my sincere appreciation
for the courtesy and cooperative spirit with which everyone approached the drafting of these
provisions. May it continue through session.


Enclosure
(D:\DATA\WP\WM\RECS\CUPLANG1.MEM)



Sally Bond Mann, Executive Director
600 South Calhoun Street, Suite 237 Holland Building, Tallahassee, Florida 32399-1400
Telephone: (904) 922-0981 SUNCOM: 292-0981 Fax: (904) 921-8007








The following statutory language was approved by Commission repre-
sentatives, district personnel and interested parties at a meeting held
in Tallahassee on Monday, January 8, 1996. The language stated below
would replace the wording of Recommendation #25, found on pages
14-16 of the Commission's report dated December 29, 1995. The full
Commission's final meeting will be held in Tallahassee on January 30,
1996, during which members will review proposed legislation (including
the provisions below) to implement its recommendations.


25. CONSUMPTIVE USE PERMIT DURATION

Modify Section 373.236, Florida Statutes (1995), as follows:

373.236 Duration of permits.-

(1) If the criteria set forth in 373.223 are met. permits shall be granted for a
period of 20 years except as otherwise provided by law. The governing board or
the department may. however, issue permits of a shorter duration if requested by
the applicant or if the applicant's adherence to a remedial action plan requires
periodic evaluation. Pormite may be granted for any period of t ime not e.oe;ding
20 years. The governing board or the department may basce duration of permits
on a reasonable system of classification according to Aource of supply or type at
use, -eFr-beth-.

(2) (a) Any permit issued for a duration of 20 years may include a condition
requiring the permitted to submit an interim report every 10 years to
establish continued compliance with the rules of the consumptive use
permitting program in effect on.the date the permit was issued. The filing
of such interim report. and the agency's consideration thereof. shall not
expose the permit to a competing use evaluation under 373.233. F.S.

(b) The governing board or department shall provide written notice to the:
permitted of the requirement for filing an interim report and the date that the
report is due. If the permitted fails to submit the interim report within 60
days of receipt of notice or the due date. whichever is later, the permit shall
expire one year from the date that the interim report was due.

e() After notice to the permitted and an opportunity for hearing. the
governing board or the department may modify the terms of a permit issued
under this section upon review of the interim report required under
paragraph (a) above. if:

(i) The permitted fails to establish that the permitted use will
continue to comply with the consumptive use permitting program
rules in effect on the date the permit was issued:








(j) The district has adopted rules subsequent to the issuance of
the permit which provide for minimum water conservation measures
that are technologically, economically and environmentally feasible
and are being utilized by permittees similarly situated: or

(iiia The district determines that technologically, economically and
environmentally feasible water conservation measures or alternative
water sources being utilized by other permittees similarly situated are
available for use by the permitted.

2) At any time throughout the duration of a permit. the permitted may seek
modification or renewal of the permit to implement conservation measures or to
reduce consumption by utilizing alternative water supplies, on the basis of an
existing or proposed plan approved by the district. To encourage and reward
water conservation efforts and the use of alternative water supplies, a permit so
modified or renewed shall be issued for a duration of 20 years in accordance with
subsection (1) above.

(42) The governing board or the department may authorize a permit of duration
of up to 50 years in the case of a municipality or other governmental body or of a
public works or public service corporation where such a period is required to
provide for the retirement of bonds for the construction of waterworks and waste
disposal facilities.

L53 The provisions of this section shall be construed as supplementary to. and
not in substitution of. the remaining provisions of this chapter.



Modify Section 373.239, Florida Statutes (modification and renewal of permit
terms), as follows:

(1) A permitted may seek modification of any terms of an unexpired permit.

(2) If the proposed modification involves water use of 100,000 gallons or more
per day, the application shall be treated under the provisions of s. 373.229 in the
same manner as the initial permit application. Otherwise, the governing board or
the department may at its discretion approve the proposed modification without a
hearing, provided the permitted establishes that:

(a) A change in conditions has resulted in the water allowed under the
permit becoming inadequate for the permitted's need, or

(b) The proposed modification would result in a more efficient utilization
of water than is possible under the existing permit.


-2-








(3) () The governing board may modify a consumptive use permit pursuant
to the authority in subsection 373.171(3). after first identifying and evalu-
ating technologically, economically and environmentally feasible altematives
such as conservation measures or use of alternative sources to reduce or
eliminate detrimental impacts of the subject permit on other water users or
the water resources of the state. Prior to making any such modification, the
governing board shall consult with existing permitted users in the affected
area to develop a plan and schedule for implementing the modifications.
after which any such agreed-upon modifications shall be incorporated into
existing permits.

(bM If modifications developed pursuant to paragraph (3)(a) are not
agreeable to an existing permitted. the governing board may modify the
permit to reduce water use or implement other measures to reduce or
eliminate the detrimental impacts in accordance with subsection 373.171(3).

(4)3) All permit renewal applications shall be treated under this part in the same
manner as the initial permit application.




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