| 15 | | - | An act relating to mitigation; amending s. 373.4134, 2 |
|---|
| 16 | | - | F.S.; revising legislative findings; defining the term 3 |
|---|
| 17 | | - | "applicant"; revising the entities to and purposes for 4 |
|---|
| 18 | | - | which water quality enhancement credits may be sold; 5 |
|---|
| 19 | | - | requiring the Department of Environmenta l Protection 6 |
|---|
| 20 | | - | and water management districts to authorize such sale 7 |
|---|
| 21 | | - | and use; revising construction; amending s. 373.4135, 8 |
|---|
| 22 | | - | F.S.; revising legislative findings and intent; 9 |
|---|
| 23 | | - | defining the term "local government"; providing 10 |
|---|
| 24 | | - | applicability; providing circumstances under which 11 |
|---|
| 25 | | - | basins are considered to be credit -deficient basins; 12 |
|---|
| 26 | | - | authorizing local governments with land in credit -13 |
|---|
| 27 | | - | deficient basins to consider proposals from private -14 |
|---|
| 28 | | - | sector applicants to establish mitigation banks on 15 |
|---|
| 29 | | - | such lands; requiring specified agreem ents between 16 |
|---|
| 30 | | - | such local governments and applicants for such 17 |
|---|
| 31 | | - | mitigation banks; prohibiting the use of public funds 18 |
|---|
| 32 | | - | to fund certain financial assurances; providing 19 |
|---|
| 33 | | - | requirements for determining the amount of credits 20 |
|---|
| 34 | | - | awarded to such mitigation banks; providing for the 21 |
|---|
| 35 | | - | confirmation of credit deficiency; authorizing the 22 |
|---|
| 36 | | - | department, in coordination with the water management 23 |
|---|
| 37 | | - | districts, to adopt rules; reenacting s. 24 |
|---|
| 38 | | - | 403.9332(1)(a) and (c), F.S., relating to mitigation 25 |
|---|
| 15 | + | An act relating to mitigation; amending s. 373.403, 2 |
|---|
| 16 | + | F.S.; defining the term "private -sector sponsor"; 3 |
|---|
| 17 | + | making technical changes; amending s. 373.4134, F.S.; 4 |
|---|
| 18 | + | revising legislative findings; defining the term 5 |
|---|
| 19 | + | "applicant"; revising the entities to and purposes for 6 |
|---|
| 20 | + | which water quality enhancement credits may be sold; 7 |
|---|
| 21 | + | requiring the Department of Environmental Protection 8 |
|---|
| 22 | + | and water management districts to authorize su ch sale 9 |
|---|
| 23 | + | and use; revising construction; amending s. 373.4135, 10 |
|---|
| 24 | + | F.S.; revising legislative findings; authorizing local 11 |
|---|
| 25 | + | governments to solicit proposals from private -sector 12 |
|---|
| 26 | + | sponsors for mitigation banks on certain public lands; 13 |
|---|
| 27 | + | providing requirements for agre ements between local 14 |
|---|
| 28 | + | governments and private -sector sponsors for such 15 |
|---|
| 29 | + | mitigation banks; providing requirements for the 16 |
|---|
| 30 | + | department and water management districts in assigning 17 |
|---|
| 31 | + | credits to such mitigation banks; providing 18 |
|---|
| 32 | + | applicability; providing an exception from rulemaking; 19 |
|---|
| 33 | + | amending ss. 330.41, 373.414, and 373.461, F.S.; 20 |
|---|
| 34 | + | conforming cross-references; reenacting s. 21 |
|---|
| 35 | + | 403.9332(1)(a) and (c), F.S., relating to mitigation 22 |
|---|
| 36 | + | and enforcement, to incorporate the amendments made to 23 |
|---|
| 37 | + | s. 373.4135, F.S., in references theret o; providing an 24 |
|---|
| 38 | + | effective date. 25 |
|---|
| 51 | | - | and enforcement, to incorporate the amendments m ade to 26 |
|---|
| 52 | | - | s. 373.4135, F.S., in references thereto; providing an 27 |
|---|
| 53 | | - | effective date. 28 |
|---|
| 54 | | - | 29 |
|---|
| 55 | | - | Be It Enacted by the Legislature of the State of Florida: 30 |
|---|
| 56 | | - | 31 |
|---|
| 57 | | - | Section 1. Present paragraphs (a) through (e) of 32 |
|---|
| 58 | | - | subsection (2) of section 373.4134, Florida Statutes, are 33 |
|---|
| 59 | | - | redesignated as paragraphs (b) through (f), respectively, a new 34 |
|---|
| 60 | | - | paragraph (a) is added to that subsection, and paragraphs (b), 35 |
|---|
| 61 | | - | (d), and (e) of subsection (1), paragraphs (b) and (c) of 36 |
|---|
| 62 | | - | subsection (3), and paragraphs (a) and (j) of subsection (7) of 37 |
|---|
| 63 | | - | that section are amended, to read: 38 |
|---|
| 64 | | - | 373.4134 Water quality enhancement areas. — 39 |
|---|
| 65 | | - | (1) LEGISLATIVE FINDINGS AND INTENT. —The Legislature finds 40 |
|---|
| 66 | | - | that: 41 |
|---|
| 67 | | - | (b) An expansion of existing authority for regional 42 |
|---|
| 68 | | - | treatment to include offsite compensatory treatment in water 43 |
|---|
| 69 | | - | quality enhancement areas to make enhancement credits available 44 |
|---|
| 70 | | - | for purchase by an applicant or a governmental entity entities 45 |
|---|
| 71 | | - | to address impacts regulated under ss. 373.403-373.443 this part 46 |
|---|
| 72 | | - | is needed. 47 |
|---|
| 73 | | - | (d) Water quality enhancement areas are a valuable tool to 48 |
|---|
| 74 | | - | assist an applicant governmental entities in providing a 49 |
|---|
| 75 | | - | satisfying the net improvement of the water quality in a 50 |
|---|
| 51 | + | 26 |
|---|
| 52 | + | Be It Enacted by the Legislature of the State of Florida: 27 |
|---|
| 53 | + | 28 |
|---|
| 54 | + | Section 1. Section 373.403, Florida Statutes, is amended 29 |
|---|
| 55 | + | to read: 30 |
|---|
| 56 | + | 373.403 Definitions. —When appearing in this part or in any 31 |
|---|
| 57 | + | rule, regulation, or order ad opted pursuant thereto, the 32 |
|---|
| 58 | + | following terms mean: 33 |
|---|
| 59 | + | (1)(7) "Alter" means to extend a dam or works beyond 34 |
|---|
| 60 | + | maintenance in its original condition, including changes which 35 |
|---|
| 61 | + | may increase or diminish the flow or storage of surface water 36 |
|---|
| 62 | + | which may affect the safet y of such dam or works. 37 |
|---|
| 63 | + | (2) "Appurtenant works" means any artificial improvements 38 |
|---|
| 64 | + | to a dam which might affect the safety of such dam or, when 39 |
|---|
| 65 | + | employed, might affect the holding capacity of such dam or of 40 |
|---|
| 66 | + | the reservoir or impoundment created by such dam. 41 |
|---|
| 67 | + | (3)(6) "Closed system" means any reservoir or works 42 |
|---|
| 68 | + | located entirely within agricultural lands owned or controlled 43 |
|---|
| 69 | + | by the user and which requires water only for the filling, 44 |
|---|
| 70 | + | replenishing, and maintaining the water level thereof. 45 |
|---|
| 71 | + | (4)(1) "Dam" means any artificial or natural barrier, with 46 |
|---|
| 72 | + | appurtenant works, raised to obstruct or impound, or which does 47 |
|---|
| 73 | + | obstruct or impound, any of the surface waters of the state. 48 |
|---|
| 74 | + | (5)(9) "Drainage basin" means a subdivision of a 49 |
|---|
| 75 | + | watershed. 50 |
|---|
| 88 | | - | receiving waterbody that does not meet standards or in 51 |
|---|
| 89 | | - | satisfying the environmental resource permit performance 52 |
|---|
| 90 | | - | standard under s. 373.414( 1)(b)3. to ensure significant 53 |
|---|
| 91 | | - | reductions of pollutant loadings. 54 |
|---|
| 92 | | - | (e) Water quality enhancement areas that provide water 55 |
|---|
| 93 | | - | quality enhancement credits to applicants governmental entities 56 |
|---|
| 94 | | - | seeking permits under ss. 373.403-373.443 this part and to 57 |
|---|
| 95 | | - | governmental entities seeking to meet an assigned basin 58 |
|---|
| 96 | | - | management action plan allocation or reasonable assurance plan 59 |
|---|
| 97 | | - | under s. 403.067 are considered an appropriate and permittable 60 |
|---|
| 98 | | - | option. 61 |
|---|
| 99 | | - | (2) DEFINITIONS.—As used in this section, the term: 62 |
|---|
| 100 | | - | (a) "Applicant" means a governmental entity that seeks to 63 |
|---|
| 101 | | - | purchase water quality enhancement credits to meet an assigned 64 |
|---|
| 102 | | - | basin management action plan allocation or reasonable assurance 65 |
|---|
| 103 | | - | plan or a governmental entity or a private sector entity that 66 |
|---|
| 104 | | - | seeks to purchase water quality enhancement credits for the 67 |
|---|
| 105 | | - | purpose of achieving the net improvement under s. 68 |
|---|
| 106 | | - | 373.414(1)(b)3. or satisfying environmental resource permit 69 |
|---|
| 107 | | - | performance standards. 70 |
|---|
| 108 | | - | (3) WATER QUALITY ENHANCEMENT AREAS. — 71 |
|---|
| 109 | | - | (b) Water quality enhancement credits may be sold only to 72 |
|---|
| 110 | | - | governmental entities seeking to meet an assigned basin 73 |
|---|
| 111 | | - | management action plan allocation or reasonable assurance plan 74 |
|---|
| 112 | | - | or to applicants for the purpose of achieving net improvement or 75 |
|---|
| 88 | + | (6)(13) "Dredging" means excava tion, by any means, in 51 |
|---|
| 89 | + | surface waters or wetlands, as delineated in s. 373.421(1). The 52 |
|---|
| 90 | + | term It also means the excavation, or creation, of a water body 53 |
|---|
| 91 | + | which is, or is to be, connected to surface waters or wetlands, 54 |
|---|
| 92 | + | as delineated in s. 373.421(1), directly or via an excavated 55 |
|---|
| 93 | + | water body or series of water bodies. 56 |
|---|
| 94 | + | (7)(18) "Ecological value" means the value of functions 57 |
|---|
| 95 | + | performed by uplands, wetlands, and other surface waters to the 58 |
|---|
| 96 | + | abundance, diversity, and habitats of fish, wildlife, and listed 59 |
|---|
| 97 | + | species. These functions include, but are not limited to, 60 |
|---|
| 98 | + | providing cover and refuge; breeding, nesting, denning, and 61 |
|---|
| 99 | + | nursery areas; corridors for wildlife movement; food chain 62 |
|---|
| 100 | + | support; and natural water storage, natural flow attenuation, 63 |
|---|
| 101 | + | and water quality improvemen t, which enhances fish, wildlife, 64 |
|---|
| 102 | + | and listed species utilization. 65 |
|---|
| 103 | + | (8)(15) "Estuary" means a semienclosed, naturally existing 66 |
|---|
| 104 | + | coastal body of water that which has a free connection with the 67 |
|---|
| 105 | + | open sea and within which seawater is measurably diluted with 68 |
|---|
| 106 | + | fresh water derived from riverine systems. 69 |
|---|
| 107 | + | (9)(14) "Filling" means the deposition, by any means, of 70 |
|---|
| 108 | + | materials in surface waters or wetlands, as delineated in s. 71 |
|---|
| 109 | + | 373.421(1). 72 |
|---|
| 110 | + | (10)(3) "Impoundment" means any lake, reservoir, pond, or 73 |
|---|
| 111 | + | other containment of sur face water occupying a bed or depression 74 |
|---|
| 112 | + | in the earth's surface and having a discernible shoreline. 75 |
|---|
| 125 | | - | meeting environmental resource permit performance standards 76 |
|---|
| 126 | | - | under s. 373.414(1)(b)3. after the governmental entity has 77 |
|---|
| 127 | | - | provided reasonable assurances have been provided assurance of 78 |
|---|
| 128 | | - | meeting department rules for the design and construction of all 79 |
|---|
| 129 | | - | onsite stormwater management , as required by law . 80 |
|---|
| 130 | | - | (c) A water quality enha ncement area must be used to 81 |
|---|
| 131 | | - | address contributions of one or more pollutants or other 82 |
|---|
| 132 | | - | constituents in the watershed, basin, sub -basin, targeted 83 |
|---|
| 133 | | - | restoration area, waterbody, or section of waterbody, as 84 |
|---|
| 134 | | - | determined by the department, in which the water qualit y 85 |
|---|
| 135 | | - | enhancement area is located that do not meet applicable state 86 |
|---|
| 136 | | - | water quality standards or environmental resource permit 87 |
|---|
| 137 | | - | performance standards criteria. 88 |
|---|
| 138 | | - | (7) ENHANCEMENT CREDITS. — 89 |
|---|
| 139 | | - | (a) The department or water management district shall 90 |
|---|
| 140 | | - | authorize the sale and use of enhancement credits to applicants 91 |
|---|
| 141 | | - | governmental entities to address adverse water quality impacts 92 |
|---|
| 142 | | - | of activities regulated under ss. 373.403-373.443 this part or 93 |
|---|
| 143 | | - | to assist governmental entities seeking to meet required 94 |
|---|
| 144 | | - | nonpoint source contribution reductions assigned in a basin 95 |
|---|
| 145 | | - | management action plan or reasonable assurance plan under s. 96 |
|---|
| 146 | | - | 403.067. 97 |
|---|
| 147 | | - | (j) Notwithstanding any other law, this section does not 98 |
|---|
| 148 | | - | limit or restrict the authority of the department to deny the 99 |
|---|
| 149 | | - | use of enhancement credits when the department is not reasonably 100 |
|---|
| 125 | + | (11)(16) "Lagoon" means a naturally existing coastal zone 76 |
|---|
| 126 | + | depression that which is below mean high water and that which 77 |
|---|
| 127 | + | has permanent or ephemeral communications with the sea, but that 78 |
|---|
| 128 | + | which is protected from the sea by some type of naturally 79 |
|---|
| 129 | + | existing barrier. 80 |
|---|
| 130 | + | (12)(8) "Maintenance" or "repairs" means remedial work of 81 |
|---|
| 131 | + | a nature as may affect the safety of any dam, impoundm ent, 82 |
|---|
| 132 | + | reservoir, or appurtenant work or works, but excludes routine 83 |
|---|
| 133 | + | custodial maintenance. 84 |
|---|
| 134 | + | (13)(19) "Mitigation bank" means a project permitted under 85 |
|---|
| 135 | + | s. 373.4136 undertaken to provide for the withdrawal of 86 |
|---|
| 136 | + | mitigation credits to offset adverse impacts auth orized by a 87 |
|---|
| 137 | + | permit under this part. 88 |
|---|
| 138 | + | (14)(20) "Mitigation credit" means a standard unit of 89 |
|---|
| 139 | + | measure which represents the increase in ecological value 90 |
|---|
| 140 | + | resulting from restoration, enhancement, preservation, or 91 |
|---|
| 141 | + | creation activities. 92 |
|---|
| 142 | + | (15)(21) "Mitigation service area" means the geographic 93 |
|---|
| 143 | + | area within which mitigation credits from a mitigation bank may 94 |
|---|
| 144 | + | be used to offset adverse impacts of activities regulated under 95 |
|---|
| 145 | + | this part. 96 |
|---|
| 146 | + | (16)(22) "Offsite regional mitigation" means mitigation on 97 |
|---|
| 147 | + | an area of land off the s ite of an activity permitted under this 98 |
|---|
| 148 | + | part, where an applicant proposes to mitigate the adverse 99 |
|---|
| 149 | + | impacts of only the applicant's specific activity as a 100 |
|---|
| 162 | | - | assured that the use of the credits will not cause or contribute 101 |
|---|
| 163 | | - | to a violation of water quality standards, even if the project 102 |
|---|
| 164 | | - | being implemented by t he applicant governmental entity is within 103 |
|---|
| 165 | | - | the enhancement service area. The department may allow the use 104 |
|---|
| 166 | | - | of enhancement credits if the department receives a request for 105 |
|---|
| 167 | | - | the use of enhancement credits and determines that such use will 106 |
|---|
| 168 | | - | not cause or contribu te to a violation of water quality 107 |
|---|
| 169 | | - | standards. 108 |
|---|
| 170 | | - | Section 2. Subsection (1) of section 373.4135, Florida 109 |
|---|
| 171 | | - | Statutes, is amended and subsection (8) is added to that section 110 |
|---|
| 172 | | - | to read: 111 |
|---|
| 173 | | - | 373.4135 Mitigation banks and offsite regional 112 |
|---|
| 174 | | - | mitigation.— 113 |
|---|
| 175 | | - | (1) The Legislature finds that the adverse impacts of 114 |
|---|
| 176 | | - | activities regulated under this part may be offset by the 115 |
|---|
| 177 | | - | creation, maintenance, and use of mitigation banks and offsite 116 |
|---|
| 178 | | - | regional mitigation. Mitigation banks and offsite regional 117 |
|---|
| 179 | | - | mitigation can enhance the certain ty of mitigation and provide 118 |
|---|
| 180 | | - | ecological value due to the improved likelihood of environmental 119 |
|---|
| 181 | | - | success associated with their proper construction, maintenance, 120 |
|---|
| 182 | | - | and management. Therefore, the department and the water 121 |
|---|
| 183 | | - | management districts are directed to participate in and 122 |
|---|
| 184 | | - | encourage the establishment of private and public mitigation 123 |
|---|
| 185 | | - | banks and offsite regional mitigation on lands owned by a local 124 |
|---|
| 186 | | - | government, when such lands are located in a credit -deficient 125 |
|---|
| 162 | + | requirement of the permit, which provides regional ecological 101 |
|---|
| 163 | + | value, and which is not a mitigation bank permitted under s. 102 |
|---|
| 164 | + | 373.4136. 103 |
|---|
| 165 | + | (17) "Private-sector sponsor" means an individual or 104 |
|---|
| 166 | + | entity that establishes and operates a wetland mitigation bank 105 |
|---|
| 167 | + | project and is responsible for compliance with any permit or 106 |
|---|
| 168 | + | authorization, including, but not limited to, f unding and 107 |
|---|
| 169 | + | undertaking wetland enhancement, restoration or creation 108 |
|---|
| 170 | + | activities, and the provision of financial assurances, as well 109 |
|---|
| 171 | + | as any required monitoring, reporting, and maintenance of the 110 |
|---|
| 172 | + | mitigation bank. 111 |
|---|
| 173 | + | (18)(4) "Reservoir" means any artificial or natural 112 |
|---|
| 174 | + | holding area which contains or will contain the water impounded 113 |
|---|
| 175 | + | by a dam. 114 |
|---|
| 176 | + | (19)(17) "Seawall" means a manmade wall or an 115 |
|---|
| 177 | + | encroachment, except riprap, which is made to break the force of 116 |
|---|
| 178 | + | waves and to protect the shore from erosion. 117 |
|---|
| 179 | + | (20)(11) "State water quality standards" means water 118 |
|---|
| 180 | + | quality standards adopted pursuant to chapter 403. 119 |
|---|
| 181 | + | (21)(10) "Stormwater management system" means a system 120 |
|---|
| 182 | + | which is designed and constructed or implemented to control 121 |
|---|
| 183 | + | discharges which are necessitated by rainfall events, 122 |
|---|
| 184 | + | incorporating methods to collect, convey, store, absorb, 123 |
|---|
| 185 | + | inhibit, treat, use, or reuse water to prevent or reduce 124 |
|---|
| 186 | + | flooding, overdrainage, environmental degradation, and water 125 |
|---|
| 199 | | - | basin as described in paragraph (8)(a) and the proposed 126 |
|---|
| 200 | | - | mitigation bank or offsite regional mitigation would provide one 127 |
|---|
| 201 | | - | or more of the habitat type credits listed in subparagraph 128 |
|---|
| 202 | | - | (8)(a)2. Mitigation banks and offsite regional mitigation should 129 |
|---|
| 203 | | - | emphasize the restoration and enhancement of degraded ecosystems 130 |
|---|
| 204 | | - | and the preservation of uplands and wetlands as intact 131 |
|---|
| 205 | | - | ecosystems rather than alteration of landscapes to create 132 |
|---|
| 206 | | - | wetlands. This is best accomplished through restoration of 133 |
|---|
| 207 | | - | ecological communities that were historically present. 134 |
|---|
| 208 | | - | (a) The Legislature intends that the provisions for 135 |
|---|
| 209 | | - | establishing mitigation banks apply equally to both public and 136 |
|---|
| 210 | | - | private entities, except that the rules of the department and 137 |
|---|
| 211 | | - | water management districts may set forth different measures 138 |
|---|
| 212 | | - | governing financial responsibility, and differe nt measures 139 |
|---|
| 213 | | - | governing legal interest, needed to ensure the construction and 140 |
|---|
| 214 | | - | perpetual protection of a mitigation bank. 141 |
|---|
| 215 | | - | (b) The Legislature recognizes the importance of 142 |
|---|
| 216 | | - | mitigation banks as an appropriate and allowable mitigation 143 |
|---|
| 217 | | - | alternative to permittee -responsible mitigation. However, the 144 |
|---|
| 218 | | - | Legislature also recognizes that certain timing and geographical 145 |
|---|
| 219 | | - | constraints could result in the unavailability of mitigation 146 |
|---|
| 220 | | - | bank credits for a certain project upon completion of the 147 |
|---|
| 221 | | - | project's application. If state and federal mitigation credits 148 |
|---|
| 222 | | - | are not available to offset the adverse impacts of a project, a 149 |
|---|
| 223 | | - | local government may allow permittee -responsible mitigation 150 |
|---|
| 199 | + | pollution or otherwise affect the quantity and quality of 126 |
|---|
| 200 | + | discharges from the system. 127 |
|---|
| 201 | + | (22)(12) "Watershed" means the land area that which 128 |
|---|
| 202 | + | contributes to the flow of water into a receiving body of water. 129 |
|---|
| 203 | + | (23)(5) "Works" means all artificial structures, 130 |
|---|
| 204 | + | including, but not limited to, ditches, canals, conduits, 131 |
|---|
| 205 | + | channels, culverts, pipes, and other construction that connects 132 |
|---|
| 206 | + | to, draws water from, drains water into, or is placed in or 133 |
|---|
| 207 | + | across the waters in the state. 134 |
|---|
| 208 | + | Section 2. Present paragraphs (a) through (e) of 135 |
|---|
| 209 | + | subsection (2) of section 373.4134, Florida Statutes, are 136 |
|---|
| 210 | + | redesignated as paragraphs (b) through (f), respectively, a new 137 |
|---|
| 211 | + | paragraph (a) is added to that subsection, and paragraphs (b), 138 |
|---|
| 212 | + | (d), and (e) of subsection (1), paragraph (b) of subsection (3), 139 |
|---|
| 213 | + | and paragraphs (a) and (j) of subsection ( 7) of that section are 140 |
|---|
| 214 | + | amended, to read: 141 |
|---|
| 215 | + | 373.4134 Water quality enhancement areas. — 142 |
|---|
| 216 | + | (1) LEGISLATIVE FINDINGS AND INTENT. —The Legislature finds 143 |
|---|
| 217 | + | that: 144 |
|---|
| 218 | + | (b) An expansion of existing authority for regional 145 |
|---|
| 219 | + | treatment to include offsite compensatory treatme nt in water 146 |
|---|
| 220 | + | quality enhancement areas to make enhancement credits available 147 |
|---|
| 221 | + | for purchase by an applicant or a governmental entity entities 148 |
|---|
| 222 | + | to address impacts regulated under this part is needed. 149 |
|---|
| 223 | + | (d) Water quality enhancement areas are a valuable tool to 150 |
|---|
| 236 | | - | consisting of the restoration or enhancement of lands purchased 151 |
|---|
| 237 | | - | and owned by a local government for conse rvation purposes, and 152 |
|---|
| 238 | | - | such mitigation must conform to the permitting requirements of 153 |
|---|
| 239 | | - | s. 373.4136. Except when a local government has allowed a public 154 |
|---|
| 240 | | - | or private mitigation project to be created on land it has 155 |
|---|
| 241 | | - | purchased for conservation purposes pursuant to this paragraph, 156 |
|---|
| 242 | | - | a governmental entity may not create or provide mitigation for a 157 |
|---|
| 243 | | - | project other than its own unless the governmental entity uses 158 |
|---|
| 244 | | - | land that was not previously purchased for conservation and 159 |
|---|
| 245 | | - | unless the governmental entity provides the same fi nancial 160 |
|---|
| 246 | | - | assurances as required for mitigation banks permitted under s. 161 |
|---|
| 247 | | - | 373.4136. This paragraph does not apply to: 162 |
|---|
| 248 | | - | 1. Mitigation banks permitted before December 31, 2011, 163 |
|---|
| 249 | | - | under s. 373.4136; 164 |
|---|
| 250 | | - | 2. Offsite regional mitigation areas established before 165 |
|---|
| 251 | | - | December 31, 2011, under subsection (6) or, when credits are not 166 |
|---|
| 252 | | - | available at a mitigation bank permitted under s. 373.4136, 167 |
|---|
| 253 | | - | mitigation areas created by a local government which were 168 |
|---|
| 254 | | - | awarded mitigation credits pursuant to the uniform mitigation 169 |
|---|
| 255 | | - | assessment method as provided in chapter 62 -345, Florida 170 |
|---|
| 256 | | - | Administrative Code, under a permit issued before December 31, 171 |
|---|
| 257 | | - | 2011; 172 |
|---|
| 258 | | - | 3. Mitigation for transportation projects under ss. 173 |
|---|
| 259 | | - | 373.4137 and 373.4139; 174 |
|---|
| 260 | | - | 4. Mitigation for impacts from mining activities under s. 175 |
|---|
| 236 | + | assist an applicant governmental entities in satisfying the net 151 |
|---|
| 237 | + | improvement performance standard under s. 373.414(1)(b)3. to 152 |
|---|
| 238 | + | ensure significant reductions of pollutant loadings. 153 |
|---|
| 239 | + | (e) Water quality enhancement areas that provide water 154 |
|---|
| 240 | + | quality enhancement c redits to applicants governmental entities 155 |
|---|
| 241 | + | seeking permits under this part and to governmental entities 156 |
|---|
| 242 | + | seeking to meet an assigned basin management action plan 157 |
|---|
| 243 | + | allocation or reasonable assurance plan under s. 403.067 are 158 |
|---|
| 244 | + | considered an appropriate and perm ittable option. 159 |
|---|
| 245 | + | (2) DEFINITIONS.—As used in this section, the term: 160 |
|---|
| 246 | + | (a) "Applicant" means a governmental entity or private -161 |
|---|
| 247 | + | sector entity that wishes to purchase water quality enhancement 162 |
|---|
| 248 | + | credits to meet an assigned basin management action plan 163 |
|---|
| 249 | + | allocation or reasonable assurance plan or for the purpose of 164 |
|---|
| 250 | + | achieving the net improvement performance standard under s. 165 |
|---|
| 251 | + | 373.414(1)(b)3. 166 |
|---|
| 252 | + | (3) WATER QUALITY ENHANCEMENT AREAS. — 167 |
|---|
| 253 | + | (b) Water quality enhancement credits may be sold only to 168 |
|---|
| 254 | + | applicants governmental entities seeking to meet an assigned 169 |
|---|
| 255 | + | basin management action plan allocation or reasonable assurance 170 |
|---|
| 256 | + | plan or for the purpose of achieving net improvement performance 171 |
|---|
| 257 | + | standards under s. 373.414(1)(b)3. after the governmental entity 172 |
|---|
| 258 | + | has provided reasonable assurances have been provided assurance 173 |
|---|
| 259 | + | of meeting department rules for the design and construction of 174 |
|---|
| 260 | + | all onsite stormwater management as required by law. 175 |
|---|
| 273 | | - | 373.41492; 176 |
|---|
| 274 | | - | 5. Mitigation provided for single -family lots or 177 |
|---|
| 275 | | - | homeowners under subsection (7); 178 |
|---|
| 276 | | - | 6. Entities authorized in chapter 98 -492, Laws of Florida; 179 |
|---|
| 277 | | - | 7. Mitigation provided for electric utility impacts 180 |
|---|
| 278 | | - | certified under part II of chapter 403; or 181 |
|---|
| 279 | | - | 8. Mitigation provided on sovereign submerged lands under 182 |
|---|
| 280 | | - | subsection (6). 183 |
|---|
| 281 | | - | (c) It is the further intent of the Legislature that 184 |
|---|
| 282 | | - | mitigation banks and offsite regional mitigation be considered 185 |
|---|
| 283 | | - | appropriate and a permittable mitigation option under the 186 |
|---|
| 284 | | - | conditions specified by the rules of the department and water 187 |
|---|
| 285 | | - | management districts. 188 |
|---|
| 286 | | - | (d) Offsite mitigation, including offsite regional 189 |
|---|
| 287 | | - | mitigation, may be located outside the regional watershed in 190 |
|---|
| 288 | | - | which the adverse impacts of an activity regulated under this 191 |
|---|
| 289 | | - | part are located, if such adverse impacts are offset by the 192 |
|---|
| 290 | | - | offsite mitigation. 193 |
|---|
| 291 | | - | (e) The department or water management district may allow 194 |
|---|
| 292 | | - | the use of a mitigation bank or offsite regional mitigation 195 |
|---|
| 293 | | - | alone or in combination with other forms of mitigation to offset 196 |
|---|
| 294 | | - | adverse impacts of activities regulated under this part. 197 |
|---|
| 295 | | - | (f) When an applicant seeking for a permit under the 198 |
|---|
| 296 | | - | provisions of this part other than this section and s. 373.4136 199 |
|---|
| 297 | | - | submits more than one mitigation proposal to the department or a 200 |
|---|
| 273 | + | (7) ENHANCEMENT CREDITS. — 176 |
|---|
| 274 | + | (a) The department or water management district shall 177 |
|---|
| 275 | + | authorize the sale and use of enhancement credits to applicants 178 |
|---|
| 276 | + | governmental entities to address adverse water quality impacts 179 |
|---|
| 277 | + | of activities regulated under this part or to assist 180 |
|---|
| 278 | + | governmental entities seeking to meet required nonpoint source 181 |
|---|
| 279 | + | contribution reductions assigned in a basin management action 182 |
|---|
| 280 | + | plan or reasonable assurance plan under s. 403.067. 183 |
|---|
| 281 | + | (j) Notwithstanding any other law, this section does not 184 |
|---|
| 282 | + | limit or restrict the authority of the department to deny the 185 |
|---|
| 283 | + | use of enhancement credits when the department is not reasonably 186 |
|---|
| 284 | + | assured that the use of the credits will not cause or contribute 187 |
|---|
| 285 | + | to a violation of water quality standards, even if the project 188 |
|---|
| 286 | + | being implemented by the applicant governmental entity is within 189 |
|---|
| 287 | + | the enhancement service area. The department may al low the use 190 |
|---|
| 288 | + | of enhancement credits if the department receives a request for 191 |
|---|
| 289 | + | the use of enhancement credits and determines that such use will 192 |
|---|
| 290 | + | not cause or contribute to a violation of water quality 193 |
|---|
| 291 | + | standards. 194 |
|---|
| 292 | + | Section 3. Subsection (1) of section 373.413 5, Florida 195 |
|---|
| 293 | + | Statutes, is amended and subsection (8) is added to that section 196 |
|---|
| 294 | + | to read: 197 |
|---|
| 295 | + | 373.4135 Mitigation banks and offsite regional 198 |
|---|
| 296 | + | mitigation.— 199 |
|---|
| 297 | + | (1) The Legislature finds that the adverse impacts of 200 |
|---|
| 310 | | - | water management district, the department or water management 201 |
|---|
| 311 | | - | district shall, in evaluating each proposal, ensure that such 202 |
|---|
| 312 | | - | proposal adequately offsets the adverse impacts. 203 |
|---|
| 313 | | - | (8) It is the intent of the Legislature to allow limited 204 |
|---|
| 314 | | - | use of local government land, including l ands acquired for 205 |
|---|
| 315 | | - | conservation, for private sector mitigation banks, provided that 206 |
|---|
| 316 | | - | the private mitigation banks are located in credit -deficient 207 |
|---|
| 317 | | - | basins and would produce the habitat type credits that are 208 |
|---|
| 318 | | - | unavailable or insufficient in such basins. As used i n this 209 |
|---|
| 319 | | - | subsection, the term "local government" includes a county, 210 |
|---|
| 320 | | - | municipality, or special district as those terms are defined in 211 |
|---|
| 321 | | - | s. 165.031. This subsection does not apply to lands owned by the 212 |
|---|
| 322 | | - | state or a water management district. 213 |
|---|
| 323 | | - | (a) A basin is consid ered to be a credit-deficient basin 214 |
|---|
| 324 | | - | if it is a drainage basin or a corresponding hydrologic unit 215 |
|---|
| 325 | | - | code, and has all of the following features: 216 |
|---|
| 326 | | - | 1. At least one mitigation bank has been permitted and 217 |
|---|
| 327 | | - | established on lands not owned by a governmental entity a nd that 218 |
|---|
| 328 | | - | mitigation bank no longer has one of the habitat type credits 219 |
|---|
| 329 | | - | listed in subparagraph 2. available for purchase. 220 |
|---|
| 330 | | - | 2. There is a documented shortage of either forested 221 |
|---|
| 331 | | - | freshwater, nonforested freshwater, forested saltwater, or 222 |
|---|
| 332 | | - | nonforested saltwater habitat type credits. 223 |
|---|
| 310 | + | activities regulated under this part may be offset by the 201 |
|---|
| 311 | + | creation, maintenance, and use of mitigation banks and offsite 202 |
|---|
| 312 | + | regional mitigation. Mitigation banks and offsite regional 203 |
|---|
| 313 | + | mitigation can enhance the certainty of mitigation and provide 204 |
|---|
| 314 | + | ecological value due to the improved likelihood of environmental 205 |
|---|
| 315 | + | success associated with their proper construction, maintenance, 206 |
|---|
| 316 | + | and management. Therefore, the department and the water 207 |
|---|
| 317 | + | management districts are directed to participate in and 208 |
|---|
| 318 | + | encourage the establishment of private and public mitigation 209 |
|---|
| 319 | + | banks and offsite re gional mitigation on private and public 210 |
|---|
| 320 | + | lands owned by a local government . Mitigation banks and offsite 211 |
|---|
| 321 | + | regional mitigation should emphasize the restoration and 212 |
|---|
| 322 | + | enhancement of degraded ecosystems and the preservation of 213 |
|---|
| 323 | + | uplands and wetlands as intact ecosy stems rather than alteration 214 |
|---|
| 324 | + | of landscapes to create wetlands. This is best accomplished 215 |
|---|
| 325 | + | through restoration of ecological communities that were 216 |
|---|
| 326 | + | historically present. 217 |
|---|
| 327 | + | (a) The Legislature intends that the provisions for 218 |
|---|
| 328 | + | establishing mitigation banks apply equally to both public and 219 |
|---|
| 329 | + | private entities, except that the rules of the department and 220 |
|---|
| 330 | + | water management districts may set forth different measures 221 |
|---|
| 331 | + | governing financial responsibility, and different measures 222 |
|---|
| 332 | + | governing legal interest, needed to ensure the construction and 223 |
|---|
| 333 | + | perpetual protection of a mitigation bank. 224 |
|---|
| 334 | + | (b) The Legislature recognizes the importance of 225 |
|---|
| 345 | | - | 3. Pending mitigation bank applications on private land or 224 |
|---|
| 346 | | - | pending credit releases from mitigation banks on nongovernmental 225 |
|---|
| 347 | | - | land are unlikely to alleviate the credit shortage. 226 |
|---|
| 348 | | - | (b) A local government with land in a credit -deficient 227 |
|---|
| 349 | | - | basin may, through the public procurement processes identified 228 |
|---|
| 350 | | - | in chapter 287 or other established competitive procurement 229 |
|---|
| 351 | | - | processes, consider a proposal from a private entity applicant 230 |
|---|
| 352 | | - | for the right to establish a mitigation bank on the local 231 |
|---|
| 353 | | - | government land, including such lands purchased for conservation 232 |
|---|
| 354 | | - | purposes, provided acquisition encumbrances do not exist to the 233 |
|---|
| 355 | | - | contrary. 234 |
|---|
| 356 | | - | (c) If such a mitigation bank is to be established and 235 |
|---|
| 357 | | - | operated on local government land, the local government and 236 |
|---|
| 358 | | - | private applicant must enter into a use agreement that meets the 237 |
|---|
| 359 | | - | requirements of this paragraph and that requires the private 238 |
|---|
| 360 | | - | applicant to establish and operate the mitigation bank in 239 |
|---|
| 361 | | - | conformance with the permitting requirements of s. 373.4136 and 240 |
|---|
| 362 | | - | the rules adopted thereunder. The use agreement must: 241 |
|---|
| 363 | | - | 1. Include a requirement that the local government 242 |
|---|
| 364 | | - | landowner assume the role of long -term steward of the property, 243 |
|---|
| 365 | | - | and state that the landowner will grant a conservation easement 244 |
|---|
| 366 | | - | or substantially similar recordable inst rument pursuant to s. 245 |
|---|
| 367 | | - | 704.06 in favor of the permitting agency, if a conservation 246 |
|---|
| 368 | | - | easement or substantially similar recordable instrument 247 |
|---|
| 369 | | - | acceptable to the permitting agency does not already exist; and 248 |
|---|
| 347 | + | mitigation banks as an appropriate and allowable mitigation 226 |
|---|
| 348 | + | alternative to permittee -responsible mitigation. However, the 227 |
|---|
| 349 | + | Legislature also recogn izes that certain timing and geographical 228 |
|---|
| 350 | + | constraints could result in the unavailability of mitigation 229 |
|---|
| 351 | + | bank credits for a certain project upon completion of the 230 |
|---|
| 352 | + | project's application. If state and federal mitigation credits 231 |
|---|
| 353 | + | are not available to offset the adverse impacts of a project, a 232 |
|---|
| 354 | + | local government may allow permittee -responsible mitigation 233 |
|---|
| 355 | + | consisting of the restoration or enhancement of lands purchased 234 |
|---|
| 356 | + | and owned by a local government for conservation purposes, and 235 |
|---|
| 357 | + | such mitigation must conform to the p ermitting requirements of 236 |
|---|
| 358 | + | s. 373.4136. Except when a local government has allowed a public 237 |
|---|
| 359 | + | or private mitigation project , including permittee -responsible 238 |
|---|
| 360 | + | mitigation, to be created on land it has purchased for 239 |
|---|
| 361 | + | conservation purposes pursuant to this paragrap h, a governmental 240 |
|---|
| 362 | + | entity may not create or provide mitigation for a project other 241 |
|---|
| 363 | + | than its own unless the governmental entity uses land that was 242 |
|---|
| 364 | + | not previously purchased for conservation and unless the 243 |
|---|
| 365 | + | governmental entity provides the same financial assura nces as 244 |
|---|
| 366 | + | required for mitigation banks permitted under s. 373.4136. This 245 |
|---|
| 367 | + | paragraph does not apply to: 246 |
|---|
| 368 | + | 1. Mitigation banks permitted before December 31, 2011, 247 |
|---|
| 369 | + | under s. 373.4136; 248 |
|---|
| 370 | + | 2. Offsite regional mitigation areas established before 249 |
|---|
| 371 | + | December 31, 2011, u nder subsection (6) or, when credits are not 250 |
|---|
| 382 | | - | 2. Include a requirement for the private applicant to do 249 |
|---|
| 383 | | - | all of the following: 250 |
|---|
| 384 | | - | a. Provide bid and performance security instruments for a 251 |
|---|
| 385 | | - | minimum of 5 percent of the total bid amount to ensure that a 252 |
|---|
| 386 | | - | use agreement with the local government is executed and a 253 |
|---|
| 387 | | - | mitigation bank permit is applied for by the pri vate applicant. 254 |
|---|
| 388 | | - | b. Operate and maintain the mitigation bank until final 255 |
|---|
| 389 | | - | permit success criteria are met, as permitted by the department 256 |
|---|
| 390 | | - | or water management district. 257 |
|---|
| 391 | | - | c. Agree to establish financial assurance for long -term 258 |
|---|
| 392 | | - | management in an amount agreea ble to the local government 259 |
|---|
| 393 | | - | landowner and as provided for in rules adopted pursuant to this 260 |
|---|
| 394 | | - | section and s. 373.4136 for use by the local government as the 261 |
|---|
| 395 | | - | long-term steward of the land after the mitigation bank final 262 |
|---|
| 396 | | - | environmental resource permit success c riteria are met. The 263 |
|---|
| 397 | | - | private sector applicant may also use an endowment to provide 264 |
|---|
| 398 | | - | financial assurances. 265 |
|---|
| 399 | | - | d. Acknowledge that denial of the state mitigation bank 266 |
|---|
| 400 | | - | permit application will terminate the use agreement. 267 |
|---|
| 401 | | - | e. Acknowledge that failure to obtain the mitigation bank 268 |
|---|
| 402 | | - | permit within 2 years after the use agreement execution date 269 |
|---|
| 403 | | - | will terminate the use agreement, unless it is extended for good 270 |
|---|
| 404 | | - | cause by the local government. 271 |
|---|
| 405 | | - | (d) Public funds may not be used to fund the financial 272 |
|---|
| 406 | | - | assurances for constru ction and implementation of the mitigation 273 |
|---|
| 384 | + | available at a mitigation bank permitted under s. 373.4136, 251 |
|---|
| 385 | + | mitigation areas created by a local government which were 252 |
|---|
| 386 | + | awarded mitigation credits pursuant to the uniform mitigation 253 |
|---|
| 387 | + | assessment method as provided i n chapter 62-345, Florida 254 |
|---|
| 388 | + | Administrative Code, under a permit issued before December 31, 255 |
|---|
| 389 | + | 2011; 256 |
|---|
| 390 | + | 3. Mitigation for transportation projects under ss. 257 |
|---|
| 391 | + | 373.4137 and 373.4139; 258 |
|---|
| 392 | + | 4. Mitigation for impacts from mining activities under s. 259 |
|---|
| 393 | + | 373.41492; 260 |
|---|
| 394 | + | 5. Mitigation provided for single -family lots or 261 |
|---|
| 395 | + | homeowners under subsection (7); 262 |
|---|
| 396 | + | 6. Entities authorized in chapter 98 -492, Laws of Florida; 263 |
|---|
| 397 | + | 7. Mitigation provided for electric utility impacts 264 |
|---|
| 398 | + | certified under part II of chapter 403; or 265 |
|---|
| 399 | + | 8. Mitigation provided on sovereign submerged lands under 266 |
|---|
| 400 | + | subsection (6). 267 |
|---|
| 401 | + | (c) It is the further intent of the Legislature that 268 |
|---|
| 402 | + | mitigation banks and offsite regional mitigation be considered 269 |
|---|
| 403 | + | appropriate and a permittable mitigation option under the 270 |
|---|
| 404 | + | conditions specified by the rul es of the department and water 271 |
|---|
| 405 | + | management districts. 272 |
|---|
| 406 | + | (d) Offsite mitigation, including offsite regional 273 |
|---|
| 407 | + | mitigation, may be located outside the regional watershed in 274 |
|---|
| 408 | + | which the adverse impacts of an activity regulated under this 275 |
|---|
| 419 | | - | bank or for the establishment of the long -term management 274 |
|---|
| 420 | | - | financial assurances. 275 |
|---|
| 421 | | - | (e) In determining the number of mitigation bank credits 276 |
|---|
| 422 | | - | to be awarded to a mitigation bank established pursuant to this 277 |
|---|
| 423 | | - | subsection, the proposed mitigation bank's location in or 278 |
|---|
| 424 | | - | adjacent to the local government conservation lands may not 279 |
|---|
| 425 | | - | increase the uniform mitigation assessment method location 280 |
|---|
| 426 | | - | factor assessment and scoring value, even if the conservation 281 |
|---|
| 427 | | - | status of the mitigation ba nk land is improved due to such 282 |
|---|
| 428 | | - | location. 283 |
|---|
| 429 | | - | (f) Credit deficiency is confirmed at the time the use 284 |
|---|
| 430 | | - | agreement is executed by the parties. Once confirmed, the 285 |
|---|
| 431 | | - | mitigation bank application may proceed, even if the deficiency 286 |
|---|
| 432 | | - | is relieved. 287 |
|---|
| 433 | | - | (g) While not requir ed, the department, in coordination 288 |
|---|
| 434 | | - | with the water management districts, may adopt rules to 289 |
|---|
| 435 | | - | implement this subsection. 290 |
|---|
| 436 | | - | Section 3. For the purpose of incorporating the amendment 291 |
|---|
| 437 | | - | made by this act to section 373.4135, Florida Statutes, in 292 |
|---|
| 438 | | - | references thereto, paragraphs (a) and (c) of subsection (1) of 293 |
|---|
| 439 | | - | section 403.9332, Florida Statutes, are reenacted to read: 294 |
|---|
| 440 | | - | 403.9332 Mitigation and enforcement. — 295 |
|---|
| 441 | | - | (1)(a) Any area in which 5 percent or more of the trimmed 296 |
|---|
| 442 | | - | mangrove trees have been trimmed below 6 feet in height, except 297 |
|---|
| 443 | | - | as provided in s. 403.9326(1)(c), (d), (f), (g), and (h), 298 |
|---|
| 421 | + | part are located, if such a dverse impacts are offset by the 276 |
|---|
| 422 | + | offsite mitigation. 277 |
|---|
| 423 | + | (e) The department or water management district may allow 278 |
|---|
| 424 | + | the use of a mitigation bank or offsite regional mitigation 279 |
|---|
| 425 | + | alone or in combination with other forms of mitigation to offset 280 |
|---|
| 426 | + | adverse impacts of activities regulated under this part. 281 |
|---|
| 427 | + | (f) When an applicant seeking for a permit under the 282 |
|---|
| 428 | + | provisions of this part other than this section and s. 373.4136 283 |
|---|
| 429 | + | submits more than one mitigation proposal to the department or a 284 |
|---|
| 430 | + | water management district, the de partment or water management 285 |
|---|
| 431 | + | district shall, in evaluating each proposal, ensure that such 286 |
|---|
| 432 | + | proposal adequately offsets the adverse impacts. 287 |
|---|
| 433 | + | (8) A local government may, through a public procurement 288 |
|---|
| 434 | + | process, solicit proposals from private -sector sponsors for a 289 |
|---|
| 435 | + | mitigation bank on public lands purchased for conservation 290 |
|---|
| 436 | + | purposes. If such a mitigation bank is to be established and 291 |
|---|
| 437 | + | operated on public land, the local government and private -sector 292 |
|---|
| 438 | + | sponsor must enter into an agreement requiring the private -293 |
|---|
| 439 | + | sector sponsor to establish and operate the mitigation bank to 294 |
|---|
| 440 | + | conform to the permitting requirements of s. 373.4136. 295 |
|---|
| 441 | + | (a) The agreement must require the private -sector sponsor 296 |
|---|
| 442 | + | to pay a usage fee to the local government which reflects the 297 |
|---|
| 443 | + | market value of the pub lic land, as determined by a competitive 298 |
|---|
| 444 | + | process in accordance with state law or such other method of 299 |
|---|
| 445 | + | assuring that the cost of the use of the public land is fully 300 |
|---|
| 456 | | - | destroyed, defoliated, or removed as a result of trimming 299 |
|---|
| 457 | | - | conducted under s. 403.9326 or s. 403.9327 must be restored or 300 |
|---|
| 458 | | - | mitigated. Restoration must be accomplished by replanting 301 |
|---|
| 459 | | - | mangroves, in the same location and of the same species as each 302 |
|---|
| 460 | | - | mangrove destroyed, defoliated, removed, or trimmed, to achieve 303 |
|---|
| 461 | | - | within 5 years a canopy area equivalent to the area destroyed, 304 |
|---|
| 462 | | - | removed, defoliated, or trimmed; or mitigation must be 305 |
|---|
| 463 | | - | accomplished by replanting offsite, in areas suitable for 306 |
|---|
| 464 | | - | mangrove growth, mangroves to achieve within 5 years a canopy 307 |
|---|
| 465 | | - | area equivalent to the area destroyed, removed, defoliated, or 308 |
|---|
| 466 | | - | trimmed. Where all or a portion of the restoration or mitigation 309 |
|---|
| 467 | | - | is not practicable, as determined by the department or delegated 310 |
|---|
| 468 | | - | local government, the impacts resulting from the destruction, 311 |
|---|
| 469 | | - | defoliation, removal, or trimming of the mangroves must be 312 |
|---|
| 470 | | - | offset by donating a sufficient amount of money to offset the 313 |
|---|
| 471 | | - | impacts, which must be used fo r the restoration, enhancement, 314 |
|---|
| 472 | | - | creation, or preservation of mangrove wetlands within a 315 |
|---|
| 473 | | - | restoration, enhancement, creation, or preservation project 316 |
|---|
| 474 | | - | approved by the department or delegated local government; or by 317 |
|---|
| 475 | | - | purchasing credits from a mitigation bank cr eated under s. 318 |
|---|
| 476 | | - | 373.4135 at a mitigation ratio of 2 -to-1 credits to affected 319 |
|---|
| 477 | | - | area. The donation must be equivalent to the cost, as verified 320 |
|---|
| 478 | | - | by the department or delegated local government, of creating 321 |
|---|
| 479 | | - | mangrove wetlands at a 2 -to-1, created versus affected r atio, 322 |
|---|
| 480 | | - | based on canopy area. The donation may not be less than $4 per 323 |
|---|
| 458 | + | accounted for in the pricing of mitigation credits. 301 |
|---|
| 459 | + | (b) In determining the number of mitig ation bank credits 302 |
|---|
| 460 | + | assigned to the mitigation bank, the department or water 303 |
|---|
| 461 | + | management district shall reflect the conservation status of the 304 |
|---|
| 462 | + | land in the location factor set forth in the uniform mitigation 305 |
|---|
| 463 | + | assessment method. 306 |
|---|
| 464 | + | (c) This subsection applies to drainage basins or 307 |
|---|
| 465 | + | corresponding hydrologic units if the private -sector sponsor 308 |
|---|
| 466 | + | demonstrates to the department or water management district that 309 |
|---|
| 467 | + | in-kind credits are not available. 310 |
|---|
| 468 | + | (d) Rulemaking is not required to implement this 311 |
|---|
| 469 | + | subsection. 312 |
|---|
| 470 | + | Section 4. Paragraph (a) of subsection (2) of section 313 |
|---|
| 471 | + | 330.41, Florida Statutes, is amended to read: 314 |
|---|
| 472 | + | 330.41 Unmanned Aircraft Systems Act. — 315 |
|---|
| 473 | + | (2) DEFINITIONS.—As used in this act, the term: 316 |
|---|
| 474 | + | (a) "Critical infrastructure facility" means any of the 317 |
|---|
| 475 | + | following, if completely enclosed by a fence or other physical 318 |
|---|
| 476 | + | barrier that is obviously designed to exclude intruders, or if 319 |
|---|
| 477 | + | clearly marked with a sign or signs which indicate that entry is 320 |
|---|
| 478 | + | forbidden and which are posted on the property in a manner 321 |
|---|
| 479 | + | reasonably likely to come to the attention of intruders: 322 |
|---|
| 480 | + | 1. A power generation or transmission facility, 323 |
|---|
| 481 | + | substation, switching station, or electrical control center. 324 |
|---|
| 482 | + | 2. A chemical or rubber manufacturing or storage facility. 325 |
|---|
| 493 | | - | square foot of created wetland area. 324 |
|---|
| 494 | | - | (c) If mangroves are to be trimmed or altered under a 325 |
|---|
| 495 | | - | permit issued under s. 403.9328, the department or delegated 326 |
|---|
| 496 | | - | local government may require miti gation. The department or 327 |
|---|
| 497 | | - | delegated local government shall establish reasonable mitigation 328 |
|---|
| 498 | | - | requirements that must include, as an option, the use of 329 |
|---|
| 499 | | - | mitigation banks created under s. 373.4135, where appropriate. 330 |
|---|
| 500 | | - | The department's mitigation requirements must ensure that 331 |
|---|
| 501 | | - | payments received as mitigation are sufficient to offset impacts 332 |
|---|
| 502 | | - | and are used for mangrove creation, preservation, protection, or 333 |
|---|
| 503 | | - | enhancement. 334 |
|---|
| 504 | | - | Section 4. This act shall take effect July 1, 2024. 335 |
|---|
| 495 | + | 3. A water intake structure, water treatment f acility, 326 |
|---|
| 496 | + | wastewater treatment plant, or pump station. 327 |
|---|
| 497 | + | 4. A mining facility. 328 |
|---|
| 498 | + | 5. A natural gas or compressed gas compressor station, 329 |
|---|
| 499 | + | storage facility, or natural gas or compressed gas pipeline. 330 |
|---|
| 500 | + | 6. A liquid natural gas or propane gas terminal or storage 331 |
|---|
| 501 | + | facility. 332 |
|---|
| 502 | + | 7. Any portion of an aboveground oil or gas pipeline. 333 |
|---|
| 503 | + | 8. A refinery. 334 |
|---|
| 504 | + | 9. A gas processing plant, including a plant used in the 335 |
|---|
| 505 | + | processing, treatment, or fractionation of natural gas. 336 |
|---|
| 506 | + | 10. A wireless communications facility, including the 337 |
|---|
| 507 | + | tower, antennae, support structures, and all associated ground -338 |
|---|
| 508 | + | based equipment. 339 |
|---|
| 509 | + | 11. A seaport as listed in s. 311.09(1), which need not be 340 |
|---|
| 510 | + | completely enclosed by a fence or other physical barrier and 341 |
|---|
| 511 | + | need not be marked with a sign or signs indicating tha t entry is 342 |
|---|
| 512 | + | forbidden. 343 |
|---|
| 513 | + | 12. An inland port or other facility or group of 344 |
|---|
| 514 | + | facilities serving as a point of intermodal transfer of freight 345 |
|---|
| 515 | + | in a specific area physically separated from a seaport. 346 |
|---|
| 516 | + | 13. An airport as defined in s. 330.27. 347 |
|---|
| 517 | + | 14. A spaceport ter ritory as defined in s. 331.303(18). 348 |
|---|
| 518 | + | 15. A military installation as defined in 10 U.S.C. s. 349 |
|---|
| 519 | + | 2801(c)(4) and an armory as defined in s. 250.01. 350 |
|---|
| 520 | + | |
|---|
| 521 | + | CS/HB 1073 2024 |
|---|
| 522 | + | |
|---|
| 523 | + | |
|---|
| 524 | + | |
|---|
| 525 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 526 | + | hb1073-01-c1 |
|---|
| 527 | + | Page 15 of 18 |
|---|
| 528 | + | 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 |
|---|
| 529 | + | |
|---|
| 530 | + | |
|---|
| 531 | + | |
|---|
| 532 | + | 16. A dam as defined in s. 373.403 s. 373.403(1) or other 351 |
|---|
| 533 | + | structures, such as locks, floodgates, or dikes, whi ch are 352 |
|---|
| 534 | + | designed to maintain or control the level of navigable 353 |
|---|
| 535 | + | waterways. 354 |
|---|
| 536 | + | 17. A state correctional institution as defined in s. 355 |
|---|
| 537 | + | 944.02 or a private correctional facility authorized under 356 |
|---|
| 538 | + | chapter 957. 357 |
|---|
| 539 | + | 18. A secure detention center or facility as defined in s. 358 |
|---|
| 540 | + | 985.03, or a nonsecure residential facility, a high -risk 359 |
|---|
| 541 | + | residential facility, or a maximum -risk residential facility as 360 |
|---|
| 542 | + | those terms are described in s. 985.03(44). 361 |
|---|
| 543 | + | 19. A county detention facility as defined in s. 951.23. 362 |
|---|
| 544 | + | 20. A critical infrastru cture facility as defined in s. 363 |
|---|
| 545 | + | 692.201. 364 |
|---|
| 546 | + | Section 5. Paragraph (a) of subsection (8) of section 365 |
|---|
| 547 | + | 373.414, Florida Statutes, is amended to read: 366 |
|---|
| 548 | + | 373.414 Additional criteria for activities in surface 367 |
|---|
| 549 | + | waters and wetlands. — 368 |
|---|
| 550 | + | (8)(a) The governing board or the department, in deciding 369 |
|---|
| 551 | + | whether to grant or deny a permit for an activity regulated 370 |
|---|
| 552 | + | under this part shall consider the cumulative impacts upon 371 |
|---|
| 553 | + | surface water and wetlands, as delineated in s. 373.421(1), 372 |
|---|
| 554 | + | within the same drainage basin as defined in s. 373.403 s. 373 |
|---|
| 555 | + | 373.403(9), of: 374 |
|---|
| 556 | + | 1. The activity for which the permit is sought. 375 |
|---|
| 557 | + | |
|---|
| 558 | + | CS/HB 1073 2024 |
|---|
| 559 | + | |
|---|
| 560 | + | |
|---|
| 561 | + | |
|---|
| 562 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 563 | + | hb1073-01-c1 |
|---|
| 564 | + | Page 16 of 18 |
|---|
| 565 | + | 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 |
|---|
| 566 | + | |
|---|
| 567 | + | |
|---|
| 568 | + | |
|---|
| 569 | + | 2. Projects which are existing or activities regulated 376 |
|---|
| 570 | + | under this part which are under construction or projects for 377 |
|---|
| 571 | + | which permits or determinations pursuant to s. 373.421 or s. 378 |
|---|
| 572 | + | 403.914 have been sought. 379 |
|---|
| 573 | + | 3. Activities which are under review, approved, or vested 380 |
|---|
| 574 | + | pursuant to s. 380.06, or other activities regulated under this 381 |
|---|
| 575 | + | part which may reasonably be expected to be located within 382 |
|---|
| 576 | + | surface waters or wetlands, as delineated in s. 373.421(1), in 383 |
|---|
| 577 | + | the same drainage basin as defined in s. 373.403 s. 373.403(9), 384 |
|---|
| 578 | + | based upon the comprehensive plans, adopted pursuant to chapter 385 |
|---|
| 579 | + | 163, of the local governments having jurisdiction over the 386 |
|---|
| 580 | + | activities, or applicable land use restrictions and re gulations. 387 |
|---|
| 581 | + | Section 6. Paragraph (c) of subsection (2) of section 388 |
|---|
| 582 | + | 373.461, Florida Statutes, is amended to read: 389 |
|---|
| 583 | + | 373.461 Lake Apopka improvement and management. — 390 |
|---|
| 584 | + | (2) DEFINITIONS.—As used in this section: 391 |
|---|
| 585 | + | (c) "Stormwater management system" has the meaning set 392 |
|---|
| 586 | + | forth in s. 373.403 s. 373.403(10). 393 |
|---|
| 587 | + | Section 7. For the purpose of incorporating the amendment 394 |
|---|
| 588 | + | made by this act to section 373.4135, Florida Statutes, in 395 |
|---|
| 589 | + | references thereto, paragraphs (a) and (c) of subsection (1) of 396 |
|---|
| 590 | + | section 403.9332, Flori da Statutes, are reenacted to read: 397 |
|---|
| 591 | + | 403.9332 Mitigation and enforcement. — 398 |
|---|
| 592 | + | (1)(a) Any area in which 5 percent or more of the trimmed 399 |
|---|
| 593 | + | mangrove trees have been trimmed below 6 feet in height, except 400 |
|---|
| 594 | + | |
|---|
| 595 | + | CS/HB 1073 2024 |
|---|
| 596 | + | |
|---|
| 597 | + | |
|---|
| 598 | + | |
|---|
| 599 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 600 | + | hb1073-01-c1 |
|---|
| 601 | + | Page 17 of 18 |
|---|
| 602 | + | 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 |
|---|
| 603 | + | |
|---|
| 604 | + | |
|---|
| 605 | + | |
|---|
| 606 | + | as provided in s. 403.9326(1)(c), (d), (f), (g), and (h) , 401 |
|---|
| 607 | + | destroyed, defoliated, or removed as a result of trimming 402 |
|---|
| 608 | + | conducted under s. 403.9326 or s. 403.9327 must be restored or 403 |
|---|
| 609 | + | mitigated. Restoration must be accomplished by replanting 404 |
|---|
| 610 | + | mangroves, in the same location and of the same species as each 405 |
|---|
| 611 | + | mangrove destroyed, defoliated, removed, or trimmed, to achieve 406 |
|---|
| 612 | + | within 5 years a canopy area equivalent to the area destroyed, 407 |
|---|
| 613 | + | removed, defoliated, or trimmed; or mitigation must be 408 |
|---|
| 614 | + | accomplished by replanting offsite, in areas suitable for 409 |
|---|
| 615 | + | mangrove growth, mangroves to achieve within 5 years a canopy 410 |
|---|
| 616 | + | area equivalent to the area destroyed, removed, defoliated, or 411 |
|---|
| 617 | + | trimmed. Where all or a portion of the restoration or mitigation 412 |
|---|
| 618 | + | is not practicable, as determined by the department or delegated 413 |
|---|
| 619 | + | local government, the impact s resulting from the destruction, 414 |
|---|
| 620 | + | defoliation, removal, or trimming of the mangroves must be 415 |
|---|
| 621 | + | offset by donating a sufficient amount of money to offset the 416 |
|---|
| 622 | + | impacts, which must be used for the restoration, enhancement, 417 |
|---|
| 623 | + | creation, or preservation of mangrove w etlands within a 418 |
|---|
| 624 | + | restoration, enhancement, creation, or preservation project 419 |
|---|
| 625 | + | approved by the department or delegated local government; or by 420 |
|---|
| 626 | + | purchasing credits from a mitigation bank created under s. 421 |
|---|
| 627 | + | 373.4135 at a mitigation ratio of 2 -to-1 credits to affected 422 |
|---|
| 628 | + | area. The donation must be equivalent to the cost, as verified 423 |
|---|
| 629 | + | by the department or delegated local government, of creating 424 |
|---|
| 630 | + | mangrove wetlands at a 2 -to-1, created versus affected ratio, 425 |
|---|
| 631 | + | |
|---|
| 632 | + | CS/HB 1073 2024 |
|---|
| 633 | + | |
|---|
| 634 | + | |
|---|
| 635 | + | |
|---|
| 636 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 637 | + | hb1073-01-c1 |
|---|
| 638 | + | Page 18 of 18 |
|---|
| 639 | + | 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 |
|---|
| 640 | + | |
|---|
| 641 | + | |
|---|
| 642 | + | |
|---|
| 643 | + | based on canopy area. The donation may not be less than $4 per 426 |
|---|
| 644 | + | square foot of created wetland area. 427 |
|---|
| 645 | + | (c) If mangroves are to be trimmed or altered under a 428 |
|---|
| 646 | + | permit issued under s. 403.9328, the department or delegated 429 |
|---|
| 647 | + | local government may require mitigation. The department or 430 |
|---|
| 648 | + | delegated local government shall establish re asonable mitigation 431 |
|---|
| 649 | + | requirements that must include, as an option, the use of 432 |
|---|
| 650 | + | mitigation banks created under s. 373.4135, where appropriate. 433 |
|---|
| 651 | + | The department's mitigation requirements must ensure that 434 |
|---|
| 652 | + | payments received as mitigation are sufficient to offset i mpacts 435 |
|---|
| 653 | + | and are used for mangrove creation, preservation, protection, or 436 |
|---|
| 654 | + | enhancement. 437 |
|---|
| 655 | + | Section 8. This act shall take effect July 1, 2024. 438 |
|---|