Florida Senate - 2024 SB 986 By Senator Burton 12-01241-24 2024986__ 1 A bill to be entitled 2 An act relating to the management and storage of 3 surface waters; amending s. 373.406, F.S.; providing 4 an exemption from surface water management and storage 5 regulations for the implementation of certain measures 6 and practices for environmental restoration, 7 enhancement, and creation activities and water quality 8 improvements on specified agricultural and government 9 owned lands; specifying requirements for such measures 10 and practices; deleting requirements relating to 11 adverse impacts on water resources, certain 12 notification by the department and water management 13 districts, and commencement of activities; providing 14 an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1.Subsection (9) of section 373.406, Florida 19 Statutes, is amended to read: 20 373.406Exemptions.The following exemptions shall apply: 21 (9)Implementation of measures or practices for having the 22 primary purpose of environmental restoration, enhancement, or 23 creation activities or water quality improvements improvement on 24 lands classified as agricultural pursuant to s. 193.461 or 25 government-owned lands are exempt from regulation under this 26 part where these measures or practices are determined by the 27 district or department, on a case-by-case basis, to have minimal 28 or insignificant individual and cumulative adverse impact on the 29 water resources of the state. 30 (a)The measures or practices may alter the topography of a 31 tract of land, including activities and improvements that divert 32 or impede the flow of water on the property or impact wetlands, 33 if the activities or improvements result in a net increase in 34 wetland resource functions. The activities or improvements must 35 be implemented to result in a wetland habitat that resembles a 36 wetland habitat that exists in the region, such as a herbaceous 37 or forested wetland. 38 (b)This exemption may not be used to establish a 39 mitigation bank or offsite regional mitigation area pursuant to 40 s. 373.4135 or s. 373.4136, as applicable The district or 41 department shall provide written notification as to whether the 42 proposed activity qualifies for the exemption within 30 days 43 after receipt of a written notice requesting the exemption. No 44 activity under this exemption shall commence until the district 45 or department has provided written notice that the activity 46 qualifies for the exemption. 47 Section 2.This act shall take effect July 1, 2024.