Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1149,15 (2) A citation under this subchapter may be issued or served anywhere in the state by delivering a copy to the defendant personally, by leaving a copy at the defendant's usual place of abode with a person of discretion residing therein, or by mailing a copy to the defendant's last-known address. The citation shall be issued or served by a law enforcement officer.

SB55-ASA1-AA1,1149,19 278.63 Officer's action after issuance of citation. (1) After an enforcing officer has issued a citation under this subchapter, the officer shall release the defendant if he or she makes a deposit under s. 278.66 or a deposit and stipulation of no contest under s. 278.67.

SB55-ASA1-AA1,1149,21 (2) If sub. (1) does not apply, an enforcing officer who issues a citation under this subchapter may release the defendant.

SB55-ASA1-AA1,1149,23 (3) An enforcing officer who issues a citation under this subchapter shall proceed under s. 278.57, if the defendant is not released.

SB55-ASA1-AA1,1150,2 278.64 Deposit after release. A person who is released under s. 278.63 (2) may make a deposit any time prior to the court appearance date. The person shall make the deposit with the clerk of the circuit court of the county in which the violation occurred.

SB55-ASA1-AA1,1150,5 278.65 Issuance of complaint and summons. (1) When it appears to the district attorney that a violation specified in s. 278.51 (1) has been committed the district attorney may proceed by complaint and summons.

SB55-ASA1-AA1,1150,9 (2) The complaint shall be prepared in the form specified in s. 278.55. After a complaint is prepared, it shall be filed with the judge and a summons shall be issued or the complaint shall be dismissed pursuant to s. 968.03. The filing commences the action.

SB55-ASA1-AA1,1150,14 (3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge, after conducting a hearing, may permit the filing of a complaint if he or she finds there is probable cause to believe that the person charged has committed a violation specified in s. 278.51 (1) or a rule promulgated thereunder. The district attorney shall be informed of the hearing and may attend.

SB55-ASA1-AA1,1150,16 278.66 Deposit. (1) If under the procedure in s. 278.62 a person is cited or arrested, the person may make a deposit as follows:

SB55-ASA1-AA1,1150,20 (a) By mailing the amount of money the enforcing officer directs and a copy of the citation to the office of the clerk of circuit courts in the county where the offense allegedly occurred or by going to the office of the clerk of circuit courts, the office of the sheriff, or any city, village, or town police headquarters.

SB55-ASA1-AA1,1151,4 (b) If the enforcing officer permits, by placing the amount of money the enforcing officer directs in a serially numbered envelope addressed to the clerk of circuit court in the county where the offense allegedly occurred, sealing the envelope, signing a statement on the back of the envelope stating the amount of money enclosed, and returning the envelope to the enforcing officer. The enforcing officer shall deliver the envelope and a copy of the citation to the office of the clerk of circuit court in the county where the offense allegedly occurred. The enforcing officer shall note on the face of the citation the serial number of the envelope used in making a deposit under this paragraph.

SB55-ASA1-AA1,1151,7 (1m) The enforcing officer or the person receiving the deposit may allow the alleged violator to submit a check, share draft, or other draft for the amount of the deposit or make the deposit by use of a credit card.

SB55-ASA1-AA1,1151,21 (2) The person receiving the deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of circuit court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time fixed in the citation he or she will be considered to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, and any applicable environmental assessment, plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit that the court may accept. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, share draft, or other draft, the check, share draft, or other draft or a microfilm copy of the check, share draft, or other draft shall be considered a receipt. If the defendant makes the deposit by use of a credit card, the credit charge receipt shall be considered a receipt.

SB55-ASA1-AA1,1151,24 (3) If the court does not accept the deposit as a forfeiture for the offense, a summons shall be issued. If the defendant fails to respond to the summons, an arrest warrant shall be issued.

SB55-ASA1-AA1,1152,7 (4) The basic amount of the deposit shall be determined in accordance with a deposit schedule that the judicial conference shall establish. Annually, the judicial conference shall review and may revise the schedule. In addition to the basic amount determined according to the schedule, the deposit shall include court costs, including any applicable fees prescribed in ch. 814, any applicable penalty assessment, any applicable jail assessment, any applicable crime laboratories and drug law enforcement assessment, and any applicable environmental assessment.

SB55-ASA1-AA1,1152,10 278.67 Deposit and stipulation of no contest. (1) If under s. 278.62 a person is cited or arrested, the person may make a deposit and stipulation of no contest, and submit them in the same manner as the deposit in s. 278.66.

SB55-ASA1-AA1,1152,16 (2) The deposit and stipulation of no contest may be made at any time prior to the court appearance date. By signing the stipulation, the defendant is considered to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, and any applicable environmental assessment, plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit.

SB55-ASA1-AA1,1153,2 (3) The person receiving the deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of circuit court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be considered to have submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, and any applicable environmental assessment, plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as in s. 278.66.

SB55-ASA1-AA1,1153,5 (4) If the court does not accept the deposit and stipulation of no contest, a summons shall be issued. If the defendant fails to respond to the summons, an arrest warrant shall be issued.

SB55-ASA1-AA1,1153,8 (5) The defendant may, within 10 days after signing the stipulation or at the time of the court appearance date, move the court for relief from the effects of the stipulation, under s. 278.75 (3) (c).

SB55-ASA1-AA1,1153,12 278.68 Pleading. The citation or complaint issued under s. 278.62 or 278.65 may serve as the initial pleading and is adequate process to give the appropriate court jurisdiction over the person upon the filing of the citation or complaint with the court.

SB55-ASA1-AA1,1153,14 278.69 Motions. In a case under this subchapter, any motion that is capable of determination without the trial of the general issue shall be made before trial.

SB55-ASA1-AA1,1153,19 278.70 Arraignment; plea. (1) Under this subchapter, if a defendant appears in response to a citation or a summons, or is arrested and brought before a court with jurisdiction to try the case, the defendant shall be informed that he or she is entitled to a jury trial and then asked whether he or she wishes to plead. If the defendant wishes to plead, he or she may plead guilty, not guilty, or no contest.

SB55-ASA1-AA1,1153,21 (2) If the defendant pleads guilty or no contest under sub. (1), the court may accept the plea, find the defendant guilty, and proceed under s. 278.78.

SB55-ASA1-AA1,1153,25 278.71 Not guilty plea; immediate trial. Under this subchapter, if a defendant pleads not guilty, states that he or she waives the right to jury trial, and wishes an immediate trial and, if the state consents, the case may be tried immediately.

SB55-ASA1-AA1,1154,8 278.72 Not guilty plea. Under this subchapter, if a defendant pleads not guilty and the trial is not held under s. 278.71, the court shall set a date for trial or advise the defendant that he or she will be notified of the date set for trial. The defendant shall be released upon payment of a deposit as set forth in s. 278.66, or the court may release the defendant on his or her own recognizance. If a defendant fails to appear at the date set under this section, the court may issue a warrant under ch. 968 and, if the defendant has posted a deposit for appearance at that date, the court may order the deposit forfeited.

SB55-ASA1-AA1,1154,14 278.73 Discovery. In a case under this subchapter, neither party is entitled to pretrial discovery except that if the defendant moves within 10 days after the alleged violation and shows cause therefor, the court may order that the defendant be allowed to inspect and test, under any conditions that the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed and may inspect the reports of experts relating to those devices.

SB55-ASA1-AA1,1154,16 278.74 Mode of trial. In a case under this subchapter, all of the following apply:

SB55-ASA1-AA1,1154,18 (1) The defendant shall be informed of the right to a jury trial in circuit court on payment of fees required by s. 278.77 (1).

SB55-ASA1-AA1,1154,20 (2) If both parties request a trial by the court or if neither demands a trial by jury, the right to a trial by jury is waived.

SB55-ASA1-AA1,1154,22 278.75 Proceedings in court. In a case under this subchapter, all of the following apply:

SB55-ASA1-AA1,1154,24 (1) If the defendant appears in court at the time directed in the citation or summons, the case shall be tried as provided by law.

SB55-ASA1-AA1,1155,3 (2) If the defendant fails to appear in court at the time fixed in the complaint and summons, judgment may be rendered against the defendant according to the demand of the complaint, or the court may issue a warrant for the defendant's arrest.

SB55-ASA1-AA1,1155,5 (3) If the defendant fails to appear in court at the time fixed in the citation or by subsequent postponement, the following procedure shall apply:

SB55-ASA1-AA1,1155,8 (a) 1. If the defendant has not made a deposit, the court may consider the nonappearance to be a plea of no contest and enter judgment accordingly or the court may issue a summons or an arrest warrant.

SB55-ASA1-AA1,1155,15 2. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 working days from the date the judgment copy or notice is mailed to pay the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, and any applicable environmental assessment, plus costs, including any applicable fees prescribed in ch. 814.

SB55-ASA1-AA1,1156,7 (b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable environmental assessment, plus any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may move within 90 days after the date set for appearance to withdraw the plea of no contest, open the judgment, and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise, or excusable neglect. If a party is relieved from the plea of no contest, the court or judge may order a written complaint to be filed and set the matter for trial. After trial the costs and fees shall be taxed as provided by law. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.

SB55-ASA1-AA1,1156,23 (c) If the defendant has made a deposit and stipulation of no contest, the citation may serve as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable environmental assessment, plus any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. After signing a stipulation of no contest, the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects of the stipulation. If the defendant is relieved from the stipulation of no contest, the court may order a citation or complaint to be filed and set the matter for trial. After trial the costs and fees shall be taxed as provided by law.

SB55-ASA1-AA1,1157,8 (4) If a citation or summons is issued to a defendant and he or she is unable to appear in court on the day specified, the defendant may enter a plea of not guilty by mailing to the judge at the address indicated on the citation or summons a letter stating that plea. The letter must show the defendant's return address. The letter may include a request for trial during normal daytime business hours. Upon receipt of the letter, the judge shall reply by letter to the defendant's address setting forth a time and place for trial, the time to be during normal business hours if so requested. The date of the trial shall be at least 10 days after the mailing by the judge. Nothing in this subsection forbids the setting of the trial at any time convenient to all parties concerned.

SB55-ASA1-AA1,1157,9 (5) Costs may not be taxed against the plaintiff.

SB55-ASA1-AA1,1157,12 278.76 Burden of proof. In all actions under this subchapter, the state must convince the trier of fact to a reasonable certainty of every element of the offense by evidence that is clear, satisfactory, and convincing.

SB55-ASA1-AA1,1157,17 278.77 Jury trial. (1) If in an action under this subchapter either party files a written demand for a jury trial within 20 days after the court appearance date and immediately pays the fee prescribed in s. 814.61 (4), the court shall place the case on the jury calendar. The number of jurors shall be determined under s. 756.06 (2) (b). If no party demands a trial by jury, the right to trial by jury is permanently waived.

SB55-ASA1-AA1,1157,19 (3) If there is a demand for a trial by jury, the provisions of s. 345.43 (3) (a) and (b) are applicable.

SB55-ASA1-AA1,1157,24 278.78 Verdict. A verdict is an action under this subchapter is valid if agreed to by five-sixths of the jury. If a verdict relates to more than one count, it shall be valid as to any count if any five-sixths of the jury agree on that count. The form of the verdict shall be guilty or not guilty. The court shall state the amount of the forfeiture after a finding of guilty.

SB55-ASA1-AA1,1158,2 278.79 Judgment. In an action under this subchapter, all of the following apply:

SB55-ASA1-AA1,1158,7 (1) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided by the statute for the violation, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable environmental assessment, and costs.

SB55-ASA1-AA1,1158,12 (2) The payment of any judgment may be suspended or deferred for not more than 90 days in the discretion of the court. In cases in which a deposit has been made, any forfeitures, penalty assessments, jail assessments, environmental assessments, or costs shall be taken out of the deposit and the balance, if any, returned to the defendant.

SB55-ASA1-AA1,1158,17 (3) In addition to any monetary penalties, the court may order the defendant to perform or refrain from performing any acts that may be necessary to fully protect and effectuate the public interest. The court may order abatement of a nuisance, restoration of a natural resource, or other appropriate action designed to eliminate or minimize any environmental damage caused by the defendant.

SB55-ASA1-AA1,1158,19 (4) The court may, where provided by law, revoke or suspend any or all privileges and licenses.

SB55-ASA1-AA1,1158,21 (5) All civil remedies are available in order to enforce the judgment of the court, including the power of contempt under ch. 785.

SB55-ASA1-AA1,1159,11 278.795 Nonpayment of judgments. If a defendant fails to timely pay a judgment entered under s. 278.75 (3) (a) 2. or 278.79, the court may issue an arrest warrant or a summons ordering the defendant to appear in court or both. If the defendant appears before the court pursuant to a warrant or summons or the defendant otherwise notifies the court that he or she is unable to pay the judgment, the court shall conduct a hearing. If the defendant failed to pay the forfeiture, the court shall determine if the defendant is unable to pay the amount specified in the judgment for good cause or because of the defendant's indigence. If the court determines that the failure of the defendant to comply with the judgment is for good cause or because of the defendant's indigence, the court may order that the amount of the judgment be modified, suspended, or permanently stayed. If the defendant fails to appear before the court for a hearing under this subsection or if the court determines at the hearing that the failure of a defendant to pay the judgment is not for good cause or not because of the defendant's indigence, the court shall order one of the following:

SB55-ASA1-AA1,1159,13 (1) That the defendant be imprisoned for a time not to exceed 5 days or until the amount is paid, whichever is less.

SB55-ASA1-AA1,1159,15 (2) That the amount of the judgment be modified, suspended, or permanently stayed.

SB55-ASA1-AA1,1159,17 278.80 Judgment against a corporation or municipality. In a case under this subchapter, all of the following apply:

SB55-ASA1-AA1,1159,21 (1) If a representative of a corporation or municipality fails to appear within the time required by the citation or summons, the default of the corporation or municipality may be recorded and the charge against it taken as true and judgment shall be rendered accordingly.

SB55-ASA1-AA1,1159,25 (2) Upon default of a defendant corporation or municipality, or upon conviction, judgment for the amount of the forfeiture, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, and any applicable environmental assessment shall be entered.

SB55-ASA1-AA1,1160,4 278.81 Effect of plea of no contest. Forfeiture of deposit under s. 278.75 (3) (b), an accepted plea of no contest under s. 278.70, or a stipulation of no contest under s. 278.75 (3) (c) to a charge of violation is not admissible in evidence as an admission against interest in any action or proceeding arising out of the same occurrence.

SB55-ASA1-AA1,1160,6 278.82 Fees. Fees in forfeiture actions under this subchapter are prescribed in s. 814.63.

SB55-ASA1-AA1,1160,7 278.83 Appeal. In a case under this subchapter, all of the following apply:

SB55-ASA1-AA1,1160,8 (1) Jurisdiction on appeal. Appeal may be taken by either party.

SB55-ASA1-AA1,1160,12 (2) Stay of execution. The amount of undertaking required to stay execution on appeal may not exceed the amount of the maximum forfeiture, applicable crime laboratories and drug law enforcement assessment, and applicable environmental assessment, plus court costs.

SB55-ASA1-AA1,1160,14 (3) Procedure on appeal. An appeal to the court of appeals shall be in accordance with chs. 808 and 809.

SB55-ASA1-AA1,1160,23 278.84 Forfeitures and assessments collected; to whom paid. All moneys collected in favor of the state under this subchapter for forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, and applicable environmental assessment shall be paid by the officer who collects the moneys to the appropriate county treasurer within 20 days after its receipt by the officer. In case of any failure in the payment, the county treasurer may collect the payment from the officer by an action in the treasurer's name of office and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid.

SB55-ASA1-AA1,1161,11 278.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, penalty assessments, jail assessments, crime laboratories and drug law enforcement assessments, and environmental assessments received under this subchapter during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, penalty assessments, crime laboratories and drug law enforcement assessments, and environmental assessments from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, penalty assessments, crime laboratories and drug law enforcement assessments, and environmental assessments to the county treasurer, who shall pay the proceeds to the state treasurer as provided in s. 59.25 (3). Jail assessments shall be treated separately as provided in s. 302.46.

SB55-ASA1-AA1,1161,13 278.90 Place of trial. In cases under this subchapter, all of the following apply:

SB55-ASA1-AA1,1161,15 (1) Civil actions shall be tried in the county where the offense was committed, except as otherwise provided in this section.

SB55-ASA1-AA1,1161,17 (2) If 2 or more acts are requisite to the commission of any offense, the trial may be in any county in which any of the acts occurred.

SB55-ASA1-AA1,1161,19 (3) Where an offense is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried in any of those counties.

SB55-ASA1-AA1,1161,22 (4) If an offense is commenced outside the state and is consummated within the state, the defendant may be tried in the county where the offense was consummated.

SB55-ASA1-AA1,1162,2 (5) If an offense is committed on boundary waters at a place where 2 or more counties have common jurisdiction under s. 2.03 or 2.04 or under any other law, the prosecution may be in either county. The county whose process against the offender is first served shall be conclusively presumed to be the county in which the offense was committed.

SB55-ASA1-AA1, s. 3160km Section 3160km. 278.32 (2) (d) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

SB55-ASA1-AA1, s. 3160L Section 3160L. 280.01 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1162,7 280.01 (1) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3160n Section 3160n. 281.01 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1162,10 281.01 (3) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3160p Section 3160p. 281.01 (12) of the statutes is amended to read:

SB55-ASA1-AA1,1162,13 281.01 (12) "Secretary" means the secretary of natural resources environmental management.

SB55-ASA1-AA1, s. 3160q Section 3160q. 281.15 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1163,2 281.15 (1) The department, in consultation with the department of fish, wildlife, parks, and forestry, shall promulgate rules setting standards of water quality to be applicable to the waters of the state, recognizing that different standards may be required for different waters or portions thereof. Water quality standards shall consist of the designated uses of the waters or portions thereof and the water quality criteria for those waters based upon the designated use. Water quality standards shall protect the public interest, which include the protection of the public health and welfare and the present and prospective future use of such waters for public and private water systems, propagation of fish and aquatic life and wildlife, domestic and recreational purposes and agricultural, commercial, industrial and other legitimate uses. In all cases where the potential uses of water are in conflict, water quality standards shall be interpreted to protect the general public interest.

SB55-ASA1-AA1, s. 3160r Section 3160r. 281.16 (3) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1163,10 281.16 (3) (a) (intro.) The department of natural resources environmental management in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules prescribing performance standards and prohibitions for agricultural facilities and agricultural practices that are nonpoint sources. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution. At a minimum, the prohibitions shall include all of the following:

SB55-ASA1-AA1, s. 3160s Section 3160s. 281.16 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1163,17 281.16 (3) (b) The department of agriculture, trade and consumer protection, in consultation with the department of natural resources environmental management, shall promulgate rules prescribing conservation practices to implement the performance standards and prohibitions under par. (a) and specifying a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under par. (a).

SB55-ASA1-AA1, s. 3160t Section 3160t. 281.16 (3) (e) of the statutes is amended to read:

SB55-ASA1-AA1,1164,10 281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices, or technical standards under this subsection unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4), and 823.08 (3) (c) 2., the department of natural resources environmental management shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1), or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices , or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.".

SB55-ASA1-AA1,1164,12 1581. Page 1043, line 13: delete the material beginning with that line and ending with page 1045, line 2, and substitute:

SB55-ASA1-AA1,1164,13 " Section 3160tb. 281.17 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1165,12 281.17 (1) No wells shall may be constructed, installed, or operated to withdraw water from underground sources for any purpose where the capacity and rate of withdrawal of all wells on one property is in excess of 100,000 gallons a day without first obtaining the approval of the department. If s. 281.35 applies to the proposed construction, the application shall comply with s. 281.35 (5) (a). If the department finds that the proposed withdrawal will adversely affect or reduce the availability of water to any public utility in furnishing water to or for the public or does not meet the grounds for approval specified under s. 281.35 (5) (d), if applicable, it shall either withhold its approval or grant a limited approval under which it imposes such conditions as to location, depth, pumping capacity, rate of flow, and ultimate use so that the water supply of any public utility engaged in furnishing water to or for the public will not be impaired, and the withdrawal will conform to the requirements of s. 281.35, if applicable. If the proposed withdrawal is for a purpose other than an agricultural purpose, and the department finds that the proposed withdrawal will adversely affect waters of the state, it may withhold its approval or grant a limited approval under which it imposes conditions that will protect the waters of the state. The department shall require each person issued an approval under this subsection to report that person's volume and rate of withdrawal, as defined under s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, in the form and at the times specified by the department. The department may issue general or special orders it considers necessary to ensure prompt and effective administration of this subsection.".

SB55-ASA1-AA1,1165,13 1582. Page 1045, line 11: after that line insert: