Florida Senate - 2023 SB 910 By Senator Burton 12-01113A-23 2023910__ 1 A bill to be entitled 2 An act relating to management and storage of surface 3 waters; amending s. 373.406, F.S.; providing an 4 exemption from surface water management and storage 5 regulations for the implementation of certain measures 6 and practices for environmental habitat creation, 7 restoration, and enhancement activities and water 8 quality improvements on specified agricultural lands 9 and government-owned lands; providing a condition and 10 requirements for the measures and practices; requiring 11 property owners or their designees to provide written 12 notifications that meet certain requirements to the 13 water management district or Department of 14 Environmental Protection before commencing work; 15 removing requirements for adverse impacts on water 16 resources, certain notification by the department and 17 water management districts, and commencement of 18 activities; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1.Subsection (9) of section 373.406, Florida 23 Statutes, is amended to read: 24 373.406Exemptions.The following exemptions shall apply: 25 (9)Implementation of measures or practices for having the 26 primary purpose of environmental habitat creation, restoration, 27 or enhancement activities or water quality improvements 28 improvement on lands classified as agricultural pursuant to s. 29 193.461 or government-owned lands are exempt from regulation 30 under this part where these measures or practices are determined 31 by the district or department, on a case-by-case basis, to have 32 minimal or insignificant individual and cumulative adverse 33 impact on the water resources of the state. 34 (a)The measures or practices may alter the topography of 35 the land, including activities and improvements that divert the 36 flow of surface waters or impact wetlands on the land, if the 37 activities or improvements result in a net increase in wetland 38 resource functions. The activities or improvements must be 39 planned, designed, and implemented to result in a wetland 40 habitat that resembles the characteristics of a functional 41 wetland habitat in the same region, such as a herbaceous or 42 forested wetland. The implementation of measures or practices 43 that result in a permanent net loss of wetland functions or a 44 violation of water quality standards do not qualify for an 45 exemption pursuant to this subsection. 46 (b)The owner of the property where the measures or 47 practices will be implemented, or their designee, the district 48 or department shall provide written notification to the water 49 management district or the department as to whether the proposed 50 activity qualifies for the exemption within 30 days before 51 commencing work pursuant to this subsection. If the measures or 52 practices under this subsection are performed to implement a 53 mitigation bank or an offsite regional mitigation area, before 54 commencing such activities, the property owner must confirm 55 compliance with ss. 373.4135 and 373.4136 and the rules adopted 56 pursuant to those sections by providing to the water management 57 district or department evidence of a permit issued pursuant to 58 those sections. This subsection does not authorize a property 59 owner to use mitigation to offset impacts except through 60 compliance with ss. 373.4135 and 373.4136 and the rules adopted 61 pursuant to those sections after receipt of a written notice 62 requesting the exemption. No activity under this exemption shall 63 commence until the district or department has provided written 64 notice that the activity qualifies for the exemption. 65 Section 2.This act shall take effect July 1, 2023.