Florida Regulations 40A-2.351: Transfer of Permits
Current as of: 2024 | Check for updates
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(1) A Permittee may request that the District transfer his Individual Water Use Permit to another entity with that entity’s consent provided that the Permittee is compliant with the terms and conditions of the permit and that appropriate legal control is maintained.
(2) Persons who wish to continue an existing, permitted water use and who have acquired ownership or legal control of permitted water withdrawal or diversion facilities or the land on which the facilities are located must apply to transfer the permit to themselves within 45 days of acquiring ownership or legal control of such facilities or such land.
(3) A request for permit transfer shall be made using NWFWMD Form No. 163 (Request for Water Use Permit Transfer, effective May 29, 2014, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03864), which is hereby incorporated by reference and available from the District’s website (nwfwater.com) or from District Offices; and must include the required processing fee. The District will transfer the permit provided all aspects of the permit except for the Permittee remain the same. All terms and conditions of the permit being transferred shall be binding on the transferee.
(4) Persons who apply to transfer a permit under subsection (1) above, and who propose to change the source, use type or withdrawal or diversion quantities from those specified on the existing permit must also submit an application to modify the permit.
(5) A General Water Use Permit is hereby transferred by rule to the entity that has ownership or controlling interest of the point of water withdrawal or diversion.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109, 373.118, 373.216, 373.219 FS. History-New 10-1-82, Amended 5-31-92, 11-1-93, 10-1-95, 1-4-10, 5-29-14.
(3) A request for permit transfer shall be made using NWFWMD Form No. 163 (Request for Water Use Permit Transfer, effective May 29, 2014, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03864), which is hereby incorporated by reference and available from the District’s website (nwfwater.com) or from District Offices; and must include the required processing fee. The District will transfer the permit provided all aspects of the permit except for the Permittee remain the same. All terms and conditions of the permit being transferred shall be binding on the transferee.
(4) Persons who apply to transfer a permit under subsection (1) above, and who propose to change the source, use type or withdrawal or diversion quantities from those specified on the existing permit must also submit an application to modify the permit.
(5) A General Water Use Permit is hereby transferred by rule to the entity that has ownership or controlling interest of the point of water withdrawal or diversion.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109, 373.118, 373.216, 373.219 FS. History-New 10-1-82, Amended 5-31-92, 11-1-93, 10-1-95, 1-4-10, 5-29-14.