HB 1073 2024
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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 enhancement and mitigation credits; 2
amending s. 373.403, F.S.; defining the term "project 3
sponsor"; amending s. 373.4134, F.S.; revising 4
legislative findings; revising provisions for the sale 5
and use of water quality enhancement credits; amending 6
s. 373.4135, F.S.; revising legislative findings and 7
intent; requiring governmental entities to consider 8
unsolicited proposals from private entiti es for 9
mitigation bank projects on public lands; authorizing 10
governmental entities to solicit such proposals; 11
providing requirements for such mitigation banks; 12
requiring the Department of Environmental Protection 13
and water management districts to consider certain 14
information in determining credits for such mitigation 15
banks; providing applicability; providing an effective 16
date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Subsection (23) is added to section 373.403, 21
Florida Statutes, to read: 22
373.403 Definitions. —When appearing in this part or in any 23
rule, regulation, or order adopted pursuant thereto, the 24
following terms mean: 25
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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
(23) "Project sponsor" means a private entity that has 26
entered into an agreement with a governm ental entity to 27
establish and operate a mitigation bank pursuant to s. 28
373.4135(8). 29
Section 2. Paragraphs (b), (d), and (e) of subsection (1), 30
paragraph (b) of subsection (3), and paragraphs (a) and (j) of 31
subsection (7) of section 373.4134, Florida St atutes, are 32
amended to read: 33
373.4134 Water quality enhancement areas. — 34
(1) LEGISLATIVE FINDINGS AND INTENT. —The Legislature finds 35
that: 36
(b) An expansion of existing authority for regional 37
treatment to include offsite compensatory treatment in water 38
quality enhancement areas to make enhancement credits available 39
for purchase by governmental entities or applicants to address 40
impacts regulated under this part is needed. 41
(d) Water quality enhancement areas are a valuable tool to 42
assist applicants governmental entities in satisfying the net 43
improvement performance standard under s. 373.414(1)(b)3. to 44
ensure significant reductions of pollutant loadings. 45
(e) Water quality enhancement areas that provide water 46
quality enhancement credits to applicants governmental entities 47
seeking permits under this part and governmental entities 48
seeking to meet an assigned basin management action plan 49
allocation or reasonable assurance plan under s. 403.067 are 50
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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
considered an appropriate and permittable option. 51
(3) WATER QUALITY ENHANCEMENT AREAS. — 52
(b) Water quality enhancement credits may be sold only to 53
governmental entities seeking to meet an assigned basin 54
management action plan allocation or reasonable assurance plan 55
or to applicants for the purpose of achieving the net 56
improvement performance standard under s. 373.414(1)(b)3. after 57
the governmental entity has provided reasonable assurances have 58
been provided assurance of meeting department rules for design 59
and construction of all onsite stormwater management as required 60
by chapter 62-330, Florida Administrative Code . 61
(7) ENHANCEMENT CREDITS. — 62
(a) The department or water management district shall 63
authorize the sale and use of enhancement credits to applicants 64
governmental entities to address adverse water quality impacts 65
of activities regulated under this part or to assist 66
governmental entities seeking to meet required nonpoint source 67
contribution reductions assigned in a basin management action 68
plan or reasonable assurance plan un der s. 403.067. 69
(j) Notwithstanding any other law, this section does not 70
limit or restrict the authority of the department to deny the 71
use of enhancement credits when the department is not reasonably 72
assured that the use of the credits will not cause or contribute 73
to a violation of water quality standards, even if the project 74
being implemented by the governmental entity or applicant is 75
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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
within the enhancement service area. The department may allow 76
the use of enhancement credits if the department receives a 77
request for the use of enhancement credits and determines that 78
such use will not cause or contribute to a violation of water 79
quality standards. 80
Section 3. Subsection (1) of section 373.4135, Florida 81
Statutes, is amended and subsection (8) is added to that section 82
to read: 83
373.4135 Mitigation banks and offsite regional 84
mitigation.— 85
(1) The Legislature finds that the adverse impacts of 86
activities regulated under this part may be offset by the 87
creation, maintenance, and use of mitigation banks and off site 88
regional mitigation. Mitigation banks and offsite regional 89
mitigation can enhance the certainty of mitigation and provide 90
ecological value due to the improved likelihood of environmental 91
success associated with their proper construction, maintenance, 92
and management. Therefore, the department and the water 93
management districts are directed to participate in and 94
encourage the establishment of private and public mitigation 95
banks and offsite regional mitigation on public and private 96
lands. Mitigation banks and offsite regional mitigation should 97
emphasize the restoration and enhancement of degraded ecosystems 98
and the preservation of uplands and wetlands as intact 99
ecosystems rather than alteration of landscapes to create 100
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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
wetlands. This is best accomplished th rough restoration of 101
ecological communities that were historically present. 102
(a) The Legislature intends that the provisions for 103
establishing mitigation banks apply equally to both public and 104
private entities, except that the rules of the department and 105
water management districts may set forth different measures 106
governing financial responsibility, and different measures 107
governing legal interest, needed to ensure the construction and 108
perpetual protection of a mitigation bank. 109
(b) The Legislature recognize s the importance of 110
mitigation banks as an appropriate and allowable mitigation 111
alternative to permittee -responsible mitigation. However, the 112
Legislature also recognizes that certain timing and geographical 113
constraints could result in the unavailability of mitigation 114
bank credits for a certain project upon completion of the 115
project's application. If state and federal mitigation credits 116
are not available to offset the adverse impacts of a project, a 117
local government may allow permittee -responsible mitigation 118
consisting of the restoration or enhancement of lands purchased 119
and owned by a local government for conservation purposes, and 120
such mitigation must conform to the permitting requirements of 121
s. 373.4136. Except when a local government has allowed a public 122
or private permittee-responsible mitigation project to be 123
created on land it has purchased for conservation purposes 124
pursuant to this paragraph, a governmental entity may not create 125
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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
or provide mitigation for a project other than its own unless 126
the governmental entity uses land that was not previously 127
purchased for conservation and unless the governmental entity 128
provides the same financial assurances as required for 129
mitigation banks permitted under s. 373.4136. This paragraph 130
does not apply to: 131
1. Mitigation banks permitted before December 31, 2011, 132
under s. 373.4136; 133
2. Offsite regional mitigation areas established before 134
December 31, 2011, under subsection (6) or, when credits are not 135
available at a mitigation bank permitted under s. 373.4136, 136
mitigation areas created by a local government which were 137
awarded mitigation credits pursuant to the uniform mitigation 138
assessment method as provided in chapter 62 -345, Florida 139
Administrative Code, under a permit issued before December 31, 140
2011; 141
3. Mitigation for transportation projects under ss. 142
373.4137 and 373.4139; 143
4. Mitigation for impacts from mining activities under s. 144
373.41492; 145
5. Mitigation provided for single -family lots or 146
homeowners under subsection (7); 147
6. Entities authorized in chapter 98 -492, Laws of Florida; 148
7. Mitigation provided for electric utility impacts 149
certified under part II of chapter 403; or 150
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8. Mitigation provided on sovereign submerged lands under 151
subsection (6). 152
(c) It is the further intent of the Legislature that 153
mitigation banks and offsite regional mitigation be considered 154
appropriate and a permittable mitigation option under the 155
conditions specified by the rules of the department and water 156
management districts. 157
(d) Offsite mitigation, including offsite regional 158
mitigation, may be located outside the regional watershed in 159
which the adverse impacts of an activity regulated under this 160
part are located, if such adverse impacts are offset by the 161
offsite mitigation. 162
(e) The department or water management district may allow 163
the use of a mitigation bank or offsite regional mitigation 164
alone or in combination with other forms of mitigation to offset 165
adverse impacts of activities regulated under this part. 166
(f) When an applicant for a permit under the provisions of 167
this part other than this section and s. 373.4136 submits more 168
than one mitigation proposal to the department or a water 169
management district, the department or water management district 170
shall, in evaluating each proposal, ensure that such proposal 171
adequately offsets the adverse impacts. 172
(8) A governmental entity must consider unsolicited 173
proposals or may solicit proposals from private entities for 174
mitigation bank projects on public lands pursuant to the process 175
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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
set forth in s. 255.065 or other established public procur ement 176
process. 177
(a) For a mitigation bank established and operated by a 178
private entity on public land, the governmental entity and 179
private entity shall enter into an agreement requiring the 180
private entity to: 181
1. Serve as the project sponsor. 182
2. Comply with the permitting requirements of s. 373.4136. 183
3. Comply with any permits or authorizations for all 184
mitigation bank functions, including, but not limited to, 185
funding for wetland creation, enhancement, or restoration 186
activities, financial assurances, a nd any required monitoring, 187
reporting, and maintenance. 188
4. Pay a usage fee to the governmental entity that 189
reflects the market value of the public land as determined by a 190
competitive process pursuant to state law or other method of 191
assurance that fully a ccounts for the cost of using the public 192
land in the pricing of mitigation credits. 193
(b) In determining the number of mitigation bank credits 194
assigned to the mitigation bank, the department or water 195
management district shall consider the conservation stat us of 196
the public land in the location factor pursuant to the uniform 197
mitigation assessment method. 198
(c) This subsection applies to drainage basins or 199
corresponding hydrologic units when the applicant demonstrates 200
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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
to the department or water management dist rict that state or 201
federal in-kind mitigation credits are not available. 202
Section 4. This act shall take effect July 1, 2024. 203