Permit challenge burden flips

A bill shifting the burden of proof for challenges to water and other environmental permits from applicants to third-party challengers passed the House and is now on the way to the governor to sign.

Republican supporters say the measure removes hurdles to development and will help create jobs by making the permitting process less uncertain.

House Bill 993, an agency rulemaking bill sponsored by Rep. Ken Roberson, R-Port Charlotte, includes the key amendment that came over from the Senate from Sen. President Pro-tempore Mike Bennett, R-Bradenton. The bill passed by a 79-36 margin.

That amendment requires that a person “ ... challenging the issuance of a license, permit or conceptual approval has the burden of ultimate persuasion and has the burden of going forward to prove the case in opposition to the license, permit, or conceptual approval through the presentation of competent and substantial evidence.”

Currently, permit seekers must prove that their project does not cause irreparable harm to the environment.

Gov. Rick Scott is expected to sign the bill.