Florida 2024 Regular Session

Florida House Bill H0863 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 863 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0863-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to management and storage of surface 2
16	16	waters; amending s. 373.406, F.S.; providing an 3
17	17	exemption from surface water management and storage 4
18	18	regulations for the implementation of certain measures 5
19	19	and practices for environmental habitat restoration, 6
20	20	enhancement, and creation activities and water quality 7
21	21	improvements on specified agricultural lands and 8
22	22	government-owned lands; providing a conditio n and 9
23	23	requirements for the measures and practices; removing 10
24	24	requirements for adverse impacts on water resources, 11
25	25	certain notification by the Department of 12
26	26	Environmental Protection and water management 13
27	27	districts, and commencement of activities; prohibiting 14
28	28	use of the exemption to establish mitigation banks or 15
29	29	regional offsite mitigation areas; providing an 16
30	30	effective date. 17
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32	32	Be It Enacted by the Legislature of the State of Florida: 19
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34	34	Section 1. Subsection (9) of section 373.406, Florida 21
35	35	Statutes, is amended to read: 22
36	36	373.406 Exemptions. —The following exemptions shall apply: 23
37	37	(9) Implementation of measures or practices for having the 24
38	38	primary purpose of environmental restoration , enhancement, or 25
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40	40	HB 863 2024
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0863-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	creation activities or water quality improvements improvement on 26
52	52	lands classified as agricultural pursuant to s. 193.461 or 27
53	53	government-owned lands are exempt from regulation under this 28
54	54	part. The measures or practices may alter the topography of the 29
55	55	land, divert or impede the flow of surface waters on the land, 30
56	56	or impact wetlands, if the activities or improvements result in 31
57	57	a net increase in wetland resource functions. The activities or 32
58	58	improvements must be implemented to result in a wetland habitat 33
59	59	that resembles the characteristics of a wetland habitat in the 34
60	60	same region, such as an herbaceous or a forested wetland where 35
61	61	these measures or practices are determined by the district or 36
62	62	department, on a case -by-case basis, to have minimal or 37
63	63	insignificant individual and cumulative adverse impact on the 38
64	64	water resources of the state. The district or department shall 39
65	65	provide written notification as to whether the proposed activity 40
66	66	qualifies for the exemption within 30 days after receipt of a 41
67	67	written notice requesting the exemption. No activity under this 42
68	68	exemption shall commence until the district or department has 43
69	69	provided written notice that the activity qualifies for the 44
70	70	exemption. This exemption may not be used to establish a 45
71	71	mitigation bank or regional offsite mitigation area under s. 46
72	72	373.4135 or s. 373.4136 . 47
73	73	Section 2. This act shall take effect July 1, 2024. 48