Fla. Admin. Code Ann. R. 40D-2.351 - Transfer of Permits

(1) Notwithstanding the provisions of Rule 40D-1.6105, F.A.C., persons who wish to continue an existing, permitted water use and who have acquired ownership or legal control of permitted water withdrawal 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 water withdrawal facilities or such land. The applicant shall request such transfer using the "Application to Transfer a Water Use Permit, " Form No. LEG-R.002.005 (5/14), (http://www.flrules.org/Gateway/reference.asp?No=Ref-03759), incorporated herein by reference. Copies of the form can be obtained from the District's website at www.WaterMatters.org or from District offices. The District will transfer the permit provided all aspects of the permit except for ownership remain the same. All terms and conditions of the permit shall become binding on the transferee.

(2) Until the permit is transferred or a new permit obtained, the party subsequently controlling the permitted water withdrawal facilities will be in violation of these rules for making any withdrawals without the required permit.

(3) Persons who apply to transfer a permit under subsection (1) above and who propose to change the source, use or withdrawal quantities from those specified on the existing permit must also submit an application to modify the permit with the application to transfer the permit.

(4) Applications for partial transfers of permits shall be made in accordance with the WUP Applicant's Handbook Part B, (rev. 10/15), (https://www.flrules.org/Gateway/reference.asp?No=Ref-05856), Section 1.4.9.

Notes

Fla. Admin. Code Ann. R. 40D-2.351

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.219 FS.

New 10-1-89, Amended 2-10-93, 3-30-93, 2-1-05, 10-19-05, 11-25-07, 8-30-09, 10-14-12, 5-19-14, Amended by Florida Register Volume 41, Number 179, September 15, 2015 effective 9/29/2015.

New 10-1-89, Amended 2-10-93, 3-30-93, 2-1-05, 10-19-05, 11-25-07, 8-30-09, 10-14-12, 5-19-14, 9-29-15.