Senate Bill sb1044

    Florida Senate - 2003                                  SB 1044

    By Senator Argenziano





    3-559-03

  1                      A bill to be entitled

  2         An act relating to the permitting of

  3         consumptive uses of water; amending s. 373.219,

  4         F.S.; prohibiting a water management district

  5         from issuing a consumptive use permit unless

  6         each affected local government is notified and

  7         given opportunity to file objections; amending

  8         s. 373.223, F.S.; requiring a permit applicant

  9         to obtain necessary land use and zoning permits

10         and establish that the proposed use of water is

11         consistent with local comprehensive plans;

12         providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (1) of section 373.219, Florida

17  Statutes, is amended to read:

18         373.219  Permits required.--

19         (1)  The governing board or the department may require

20  such permits for consumptive use of water and may impose such

21  reasonable conditions as are necessary to assure that such use

22  is consistent with the overall objectives of the district or

23  department and is not harmful to the water resources of the

24  area. The governing board of a water management district may

25  not issue a permit for the consumptive use of water unless

26  each affected local government has been timely notified of the

27  proposed permit and given an opportunity to file objections to

28  the proposed permit with the governing board. However, no

29  permit shall be required for domestic consumption of water by

30  individual users.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1044
    3-559-03




 1         Section 2.  Subsection (1) of section 373.223, Florida

 2  Statutes, is amended to read:

 3         373.223  Conditions for a permit.--

 4         (1)  To obtain a permit pursuant to the provisions of

 5  this chapter, the applicant must obtain all necessary land use

 6  and zoning permits and establish that the proposed use of

 7  water:

 8         (a)  Is a reasonable-beneficial use as defined in s.

 9  373.019;

10         (b)  Will not interfere with any presently existing

11  legal use of water; and

12         (c)  Is consistent with the public interest; and.

13         (d)  Is consistent with the comprehensive plan of each

14  affected local government.

15         Section 3.  This act shall take effect July 1, 2003.

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18                          SENATE SUMMARY

19    Requires that local governments be notified and given an
      opportunity to file objections before a water management
20    district permits the consumptive use of water. Requires
      the permit applicant to obtain necessary land use and
21    zoning permits and establish that the proposed use of
      water is consistent with local comprehensive plans.
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CODING: Words stricken are deletions; words underlined are additions.