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