FL
Florida House Bill H1175

Florida 2025 Regular Session

Florida House Bill H1175 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to mitigation banks; amending s. 2
1616 373.4136, F.S.; revising provisions for the release 3
1717 and use of mitigation bank credits; providing 4
1818 conditions for the use of out-of-service-area 5
19-mitigation credits; providing a methodology for 6
20-determining the award of such credits; authorizing 7
21-alternative credit release schedules; requiring 8
22-mitigation banks to submit specified accountings to 9
23-the Department of Environ mental Protection or water 10
24-management district; requiring the department or water 11
25-management district to submit specified annual reports 12
26-to the Legislature; amending s. 704.06, F.S.; 13
27-requiring certain water management districts, upon 14
28-application by the own er of a parcel subject to a 15
29-conservation easement, to release the conservation 16
30-easement if specified conditions are met; providing 17
31-for the valuation of the property upon such release; 18
32-authorizing land released from the conservation 19
33-easement to be used for development consistent with 20
34-certain zoning; providing an effective date. 21
35- 22
36-Be It Enacted by the Legislature of the State of Florida: 23
37- 24
38- Section 1. Subsections (5) and (6) of section 373.4136, 25
19+mitigation credits by project applicants; providing a 6
20+methodology for determining the award of such credits; 7
21+requiring mitigation banks to submit specified annual 8
22+reports to the Department of Environmental Protection 9
23+or water management district; requiring the department 10
24+or water management district to submit specified 11
25+annual reports to the Legislature; amending s. 704.06, 12
26+F.S.; requiring certain water management districts, 13
27+upon application by the owner of a parcel subject to a 14
28+conservation easement, to release the conservation 15
29+easement if specified conditions are met, including 16
30+obtaining sufficient mitigation credits from a 17
31+mitigation bank; providing for the valuation of the 18
32+property upon such release; specifying that land 19
33+released from the conservation easement may be used 20
34+for development consistent with certain zoning; 21
35+providing an effective date. 22
36+ 23
37+Be It Enacted by the Legislature of the State of Florida: 24
38+ 25
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4747 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-Florida Statutes, are amended to read: 26
52- 373.4136 Establishment and operation of mitigation banks. — 27
53- (5) SCHEDULE FOR CREDIT RELEASE. —After July 1, 2025, when 28
54-issuing awarding mitigation credits to a mitigation bank permit, 29
55-the department or the water management district shall adhere to 30
56-the credit release schedul e set forth in this subsection a 31
57-schedule for the release of those credits awarded by in the 32
58-mitigation bank permit. A mitigation credit that has been 33
59-released may be sold or used to offset adverse impacts from an 34
60-activity regulated under this part. 35
61- (a) Thirty percent of awarded credits shall be released 36
62-for the recordation of the conservation easement and 37
63-establishment of financial assurances required by the mitigation 38
64-bank permit. If a preservation -only assessment area is used, 100 39
65-percent of awarded cr edits shall be released for the recordation 40
66-of the conservation easement and establishment of financial 41
67-assurances required by the mitigation bank permit The department 42
68-or the water management district shall allow a portion of the 43
69-mitigation credits awarde d to a mitigation bank to be released 44
70-for sale or use prior to meeting all of the performance criteria 45
71-specified in the mitigation bank permit. The department or the 46
72-water management district shall allow release of all of a 47
73-mitigation bank's awarded mitiga tion credits only after the bank 48
74-meets the mitigation success criteria specified in the permit . 49
75- (b) Thirty percent of awarded credits shall be released 50
51+ Section 1. Subsections (5) and (6) of section 373.4136, 26
52+Florida Statutes, are amended to read: 27
53+ 373.4136 Establishment and operation of mitigation banks. — 28
54+ (5) SCHEDULE FOR CREDIT RELEASE. —After July 1, 2025, when 29
55+issuing awarding mitigation credits to a mitigation bank permit, 30
56+the department or the water manageme nt district shall adhere to 31
57+the credit release schedule set forth in this subsection a 32
58+schedule for the release of those credits awarded by in the 33
59+mitigation bank permit. A mitigation credit that has been 34
60+released may be sold or used to offset adverse impa cts from an 35
61+activity regulated under this part. 36
62+ (a) Thirty percent of awarded credits shall be released 37
63+for the recording of the conservation easement and establishment 38
64+of financial assurances required by the mitigation bank permit. 39
65+If a preservation-only bank is used, 100 percent of awarded 40
66+credits shall be released for the recording of the conservation 41
67+easement and establishment of financial assurances required by 42
68+the mitigation bank permit The department or the water 43
69+management district shall allow a p ortion of the mitigation 44
70+credits awarded to a mitigation bank to be released for sale or 45
71+use prior to meeting all of the performance criteria specified 46
72+in the mitigation bank permit. The department or the water 47
73+management district shall allow release of al l of a mitigation 48
74+bank's awarded mitigation credits only after the bank meets the 49
75+mitigation success criteria specified in the permit . 50
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8484 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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88-following completion of initial construction activities as 51
89-established by the mitigation bank permit. 52
90- (c) Twenty percent of awarded credits shall be released in 53
91-increments as monitoring indicates interim performance criteria 54
92-established by the mitigation bank permit are being met. 55
93- (d) Twenty percent of awarded credits shall be released 56
94-upon meeting final success criteria established by the 57
95-mitigation bank permit. 58
96- (e) A permit applicant may propose an alternative credit 59
97-release schedule and the department or water management district 60
98-shall consider the proposed alternative credit release schedule 61
99-The number of credits and schedule for release shall be 62
100-determined by the department or water management district based 63
101-upon the performance criteria for the mitigation bank and the 64
102-success criteria for each mitigation activity. The release 65
103-schedule for a speci fic mitigation bank or phase thereof shall 66
104-be related to the actions required to implement the bank, such 67
105-as site protection, site preparation, earthwork, removal of 68
106-wastes, planting, removal or control of nuisance and exotic 69
107-species, installation of struc tures, and annual monitoring and 70
108-management requirements for success. In determining the specific 71
109-release schedule for a bank, the department or water management 72
110-district shall consider, at a minimum, the following factors: 73
111- 1. Whether the mitigation cons ists solely of preservation 74
112-or includes other types of mitigation. 75
88+ (b) Thirty percent of awarded credits shall be released 51
89+following completion of initial construction activities as 52
90+established by the mitigation bank permit. 53
91+ (c) Twenty percent of awarded credits shall be released in 54
92+increments as monitoring indicates interim performance criteria 55
93+established by the mitigation bank permit are being met. 56
94+ (d) Twenty percent of awarded cre dits shall be released 57
95+upon meeting final success criteria established by the 58
96+mitigation bank permit The number of credits and schedule for 59
97+release shall be determined by the department or water 60
98+management district based upon the performance criteria for t he 61
99+mitigation bank and the success criteria for each mitigation 62
100+activity. The release schedule for a specific mitigation bank or 63
101+phase thereof shall be related to the actions required to 64
102+implement the bank, such as site protection, site preparation, 65
103+earthwork, removal of wastes, planting, removal or control of 66
104+nuisance and exotic species, installation of structures, and 67
105+annual monitoring and management requirements for success. In 68
106+determining the specific release schedule for a bank, the 69
107+department or water management district shall consider, at a 70
108+minimum, the following factors: 71
109+ 1. Whether the mitigation consists solely of preservation 72
110+or includes other types of mitigation. 73
111+ 2. The length of time anticipated to be required before a 74
112+determination of succes s can be achieved. 75
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121121 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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125- 2. The length of time anticipated to be required before a 76
126-determination of success can be achieved. 77
127- 3. The ecological value to be gained from each action 78
128-required to implement the bank. 79
129- 4. The financial expenditure required for each action to 80
130-implement the bank. 81
131- (f)(c) Notwithstanding the provisions of this subsection, 82
132-a mitigation no credit may not shall be released for freshwater 83
133-wetland creation until the success criteria established included 84
134-in the mitigation bank permit for initial construction 85
135-activities are met. 86
136- (g)(d) The withdrawal of mitigation credits from a 87
137-mitigation bank shall be accomplished as a minor modification of 88
138-the mitigation bank permit. A processing f ee is not shall not be 89
139-required by the department or water management district for this 90
140-minor modification. 91
141- (6) MITIGATION SERVICE AREA. —The department or water 92
142-management district shall establish a mitigation service area 93
143-for each mitigation bank permit . The department or water 94
144-management district shall notify and consider comments received 95
145-on the proposed mitigation service area from each local 96
146-government within the proposed mitigation service area. Except 97
147-as provided in this section herein, mitigation credits may be 98
148-withdrawn and used only to offset adverse impacts in the 99
149-mitigation service area. The boundaries of the mitigation 100
125+ 3. The ecological value to be gained from each action 76
126+required to implement the bank. 77
127+ 4. The financial expenditure required for each action to 78
128+implement the bank. 79
129+ (e)(c) Notwithstanding the provisions of this subsection, 80
130+a mitigation no credit may not shall be released for freshwater 81
131+wetland creation until the success criteria established included 82
132+in the mitigation bank permit for initial construction 83
133+activities are met. 84
134+ (f)(d) The withdrawal of mitigation credits from a 85
135+mitigation bank shall be accomplished as a minor modification of 86
136+the mitigation bank permit. A processing fee is not shall not be 87
137+required by the department or water management district for this 88
138+minor modification. 89
139+ (6) MITIGATION SERVICE AREA. —The department or water 90
140+management district shall establish a mitigation service area 91
141+for each mitigation bank permit. The department or water 92
142+management district shall notify and consider comments received 93
143+on the proposed mitigation service area from each local 94
144+government within the proposed mitigation service area. Except 95
145+as provided in this section herein, mitigation credits may be 96
146+withdrawn and used only to offset adverse impacts in the 97
147+mitigation service area. The bo undaries of the mitigation 98
148+service area shall depend upon the geographic area where the 99
149+mitigation bank could reasonably be expected to offset adverse 100
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158158 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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162-service area shall depend upon the geographic area where the 101
163-mitigation bank could reasonably be expected to offset adverse 102
164-impacts. Mitigation service areas may overlap, and mitigation 103
165-service areas for two or more mitigation banks may be approved 104
166-for a regional watershed. 105
167- (a) In determining the boundaries of the mitigation 106
168-service area, the department or the water management district 107
169-shall consider the characteristics, size, and location of the 108
170-mitigation bank and, at a minimum, the extent to which the 109
171-mitigation bank: 110
172- 1. Contributes to a regional integrated ecological 111
173-network; 112
174- 2. Will significantly enhance the water quali ty or 113
175-restoration of an offsite receiving water body that is 114
176-designated as an Outstanding Florida Water, a Wild and Scenic 115
177-River, an aquatic preserve, a water body designated in a plan 116
178-approved pursuant to the Surface Water Improvement and 117
179-Management Act, or a nationally designated estuarine preserve; 118
180- 3. Will provide for the long -term viability of endangered 119
181-or threatened species or species of special concern; 120
182- 4. Is consistent with the objectives of a regional 121
183-management plan adopted or endorsed by the department or water 122
184-management districts; and 123
185- 5. Can reasonably be expected to offset specific types of 124
186-wetland impacts within a specific geographic area. A mitigation 125
162+impacts. Mitigation service areas may overlap, and mitigation 101
163+service areas for two or more mitigation ba nks may be approved 102
164+for a regional watershed. 103
165+ (a) In determining the boundaries of the mitigation 104
166+service area, the department or the water management district 105
167+shall consider the characteristics, size, and location of the 106
168+mitigation bank and, at a minimu m, the extent to which the 107
169+mitigation bank: 108
170+ 1. Contributes to a regional integrated ecological 109
171+network; 110
172+ 2. Will significantly enhance the water quality or 111
173+restoration of an offsite receiving water body that is 112
174+designated as an Outstanding Florida Water , a Wild and Scenic 113
175+River, an aquatic preserve, a water body designated in a plan 114
176+approved pursuant to the Surface Water Improvement and 115
177+Management Act, or a nationally designated estuarine preserve; 116
178+ 3. Will provide for the long -term viability of endange red 117
179+or threatened species or species of special concern; 118
180+ 4. Is consistent with the objectives of a regional 119
181+management plan adopted or endorsed by the department or water 120
182+management districts; and 121
183+ 5. Can reasonably be expected to offset specific types of 122
184+wetland impacts within a specific geographic area. A mitigation 123
185+bank need not be able to offset all expected impacts within its 124
186+service area. 125
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195195 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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199-bank need not be able to offset all expected impacts within its 126
200-service area. 127
201- (b) The department and water management districts shall 128
202-use regional watersheds to guide the establishment of mitigation 129
203-service areas. Drainage basins established pursuant to s. 130
204-373.414(8) may be used as regional watersheds when they are 131
205-established based on th e hydrological or ecological 132
206-characteristics of the basin. A mitigation service area may 133
207-extend beyond the regional watershed in which the bank is 134
208-located into all or part of other regional watersheds when the 135
209-mitigation bank has the ability to offset adve rse impacts 136
210-outside that regional watershed. Similarly, a mitigation service 137
211-area may be smaller than the regional watershed in which the 138
212-mitigation bank is located when adverse impacts throughout the 139
213-regional watershed cannot reasonably be expected to be offset by 140
214-the mitigation bank because of local ecological or hydrological 141
215-conditions. 142
216- (c) Once a mitigation bank service area has been 143
217-established by the department or a water management district for 144
218-a mitigation bank, such mitigation bank shall be deeme d to 145
219-implement a plan that provides regional ecological value; such 146
220-service area shall be accepted by all water management 147
221-districts, local governments, and the department ; and the use of 148
222-credits from such mitigation bank to offset impacts within that 149
223-bank's service area shall be considered to have met the 150
199+ (b) The department and water management districts shall 126
200+use regional watersheds to guide the establishment of mitigation 127
201+service areas. Drainage basins established pursuant to s. 128
202+373.414(8) may be used as regional watersheds when they are 129
203+established based on the hydrological or ecological 130
204+characteristics of the basin. A mitigation service area may 131
205+extend beyond the regional watershed in which the bank is 132
206+located into all or part of other regional watersheds when the 133
207+mitigation bank has the ability to offset adverse impacts 134
208+outside that regional watershed. Similarly, a mitigation service 135
209+area may be smaller than t he regional watershed in which the 136
210+mitigation bank is located when adverse impacts throughout the 137
211+regional watershed cannot reasonably be expected to be offset by 138
212+the mitigation bank because of local ecological or hydrological 139
213+conditions. 140
214+ (c) Once a mitigation bank service area has been 141
215+established by the department or a water management district for 142
216+a mitigation bank, such service area shall be accepted by all 143
217+water management districts, local governments, and the 144
218+department and shall be considered to ha ve met the cumulative 145
219+impact requirements of s. 373.414(8)(a) for impacts permitted 146
220+within any regional watershed included in the mitigation bank 147
221+service area and deemed regionally ecologically significant . 148
222+ (d) If the requirements in s. 373.414(1)(b) and (8) are 149
223+met, the following projects or activities regulated under this 150
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232232 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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236-cumulative impact requirements of s. 373.414(8)(a) . 151
237- (d) If the requirements in s. 373.414(1)(b) and (8) are 152
238-met, the following projects or activities regulated under this 153
239-part shall be eligible to use credits released from a mitigation 154
240-bank to offset impacts resulting from such projects or 155
241-activities a mitigation bank, regardless of whether they are 156
242-located within the mitigation service area : 157
243- 1. Projects with adverse impacts partially located within 158
244-the mitigation service area. 159
245- 2. Linear projects, such as roadways, transmission lines, 160
246-distribution lines, pipelines, railways, or seaports listed in 161
247-s. 311.09(1). 162
248- 3. Projects with total adverse impacts of less than 1 acre 163
249-in size. 164
250- 4. Projects that me et the requirements of s. 373.414(1)(b) 165
251-and the criteria in paragraphs (e) -(g). 166
252- (e) If the requirements of s. 373.414(1)(a) are met and an 167
253-insufficient number or type of credits from banks whose 168
254-permitted service area overlays in whole or in part the reg ional 169
255-watershed in which the impacts occur, the project applicant is 170
256-entitled to a one-time use of credits released from a mitigation 171
257-bank outside the mitigation bank service area to offset impacts 172
258-pursuant to s. 373.414(1)(b), as established by the proced ure in 173
259-paragraph (g), and upon verification by the department or water 174
260-management district that mitigation banks within the regional 175
236+part shall be eligible to use credits released from a mitigation 151
237+bank to offset impacts resulting from such projects or 152
238+activities a mitigation bank, regardless of whether they are 153
239+located within the mitigation service area : 154
240+ 1. Projects with adverse impacts partially located within 155
241+the mitigation service area. 156
242+ 2. Linear projects, such as roadways, transmission lines, 157
243+distribution lines, pipelines, railways, or seaports listed in 158
244+s. 311.09(1). 159
245+ 3. Projects with total adverse impacts of less than 1 acre 160
246+in size. 161
247+ 4. Projects that meet the requirements of s. 373.414(1)(b) 162
248+and the criteria in paragraphs (e) -(g). 163
249+ (e) If the requirements of s. 373.414(1)(a) are met and an 164
250+insufficient number or type of credits have been released within 165
251+the mitigation bank service area in which the impacts associated 166
252+with a proposed project are located, the project applicant is 167
253+entitled to a one-time use of credits released from a mitigation 168
254+bank outside the mitigation bank service area to offset impacts 169
255+pursuant to s. 373.414(1)(b), as established by the procedure in 170
256+paragraph (h), and upon verification by the department or water 171
257+management district that mitigation banks within the regional 172
258+watershed in which the adverse impacts are located lack the 173
259+appropriate credit type to offset impacts associated with the 174
260+proposed project. If the number of released credits within a 175
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269269 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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273-watershed in which the adverse impacts are located lack the 176
274-appropriate credit type to offset impacts associated with the 177
275-proposed project. If the number of released credits within a 178
276-mitigation service area only partially offset the impacts 179
277-associated with a proposed project in the mitigation service 180
278-area, the permit applicant may only use out -of-service-area 181
279-credits to account for the difference between the released 182
280-credits available in the mitigation bank service area and the 183
281-credits required to offset the impacts associated with the 184
282-proposed project. In implementing this subsection, the 185
283-department and water management distri cts shall apply a 186
284-proximity factor to determine adequate compensatory mitigation 187
285-as follows: 188
286- 1. A 1.0 multiplier shall be applied for use of in -kind 189
287-credits within any regional watershed overlain in whole or in 190
288-part by the bank service area. 191
289- 2. A 1.0 multiplier shall be applied for use of in -kind 192
290-and out-of-service-area credits if the bank service area 193
291-overlays part of the same regional watershed as the proposed 194
292-impacts. 195
293- 3. A 1.2 multiplier shall be applied for use of in -kind 196
294-and out-of-service-area credits located within a regional 197
295-watershed immediately adjacent to the regional watershed 198
296-overlain by a bank service area in which the proposed impacts 199
297-are located. 200
273+mitigation service area only partially offset the impacts 176
274+associated with a proposed p roject in the mitigation service 177
275+area, the project applicant may use out -of-service-area credits 178
276+to account for the difference between the released credits 179
277+available in the mitigation bank service area and the credits 180
278+required to offset the impacts associa ted with the proposed 181
279+project. In implementing this subsection, the department and 182
280+water management districts shall apply a proximity factor to 183
281+determine adequate compensatory mitigation as follows: 184
282+ 1. A multiplier may not be applied for use of out -of-185
283+service-area credits located within the same regional watershed 186
284+as the proposed impacts. 187
285+ 2. A 1.2 multiplier shall be applied for use of out -of-188
286+service-area credits located within a regional watershed 189
287+immediately adjacent to the regional watershed in which proposed 190
288+impacts are located. 191
289+ 3. When credits are not available in the regional 192
290+watershed immediately adjacent to the regional watershed in 193
291+which the proposed impacts are located, an additional 0.25 194
292+multiplier shall be applied for each additional region al 195
293+watershed located outside the regional watershed immediately 196
294+adjacent to the regional watershed in which the proposed impacts 197
295+are located. 198
296+ 4. An additional 0.50 multiplier shall be applied after 199
297+any multipliers required in subparagraphs 2. and 3., if the 200
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306306 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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310- 4. An additional 0.25 multiplier shall be applied for each 201
311-additional regional watershed boundary crossed if in-kind 202
312-credits are not available to offset impacts in the regional 203
313-watershed immediately adjacent to the regional watershed 204
314-overlain by a bank service area in which the proposed impacts 205
315-are located, as established by the procedure in p aragraph (g). 206
316- 5. An additional 0.50 multiplier shall be applied after 207
317-any multipliers required in subparagraphs 1. -4., if the 208
318-mitigation used to offset impacts entails out -of-kind 209
319-replacement which does not replace the same type of freshwater 210
320-wetland or fresh surface water impacted. 211
321- (f) Use of the multipliers in subparagraphs (e)2. -4. meets 212
322-the requirements of s. 373.414(8)(a) for addressing cumulative 213
323-impacts. 214
324- (g) Once a permit applicant requests to use out -of-kind or 215
325-out-of-service-area credits, the department or water management 216
326-district shall contact all mitigation banks with a mitigation 217
327-service area encompassing the location of the proposed impacts 218
328-within 3 business days after receipt of the request from the 219
329-permit applicant and request an accoun ting of available credits. 220
330-The accounting may not include credits reserved for other permit 221
331-applicants. The mitigation banks contacted by the department or 222
332-water management district shall be allowed 15 business days to 223
333-reply after receipt of the request by the department or water 224
334-management district. If a mitigation bank does not reply within 225
310+mitigation used to offset impacts entails out -of-kind 201
311+replacement which does not replace the same type of freshwater 202
312+wetland or surface water impacted. 203
313+ (f) Use of the multipliers in subparagraphs (e)2. -4. meets 204
314+the requirements of s. 373.414(8)(a) fo r addressing cumulative 205
315+impacts. 206
316+ (g) Once a project applicant requests to use out -of-207
317+service-area credits, the department or water management 208
318+district shall contact all mitigation banks within a mitigation 209
319+service area encompassing the location of the pr oposed impacts 210
320+within 3 business days after receipt of the request from the 211
321+project applicant and request an accounting of available 212
322+credits. The accounting may not include credits reserved for 213
323+other project applicants. The mitigation banks contacted by th e 214
324+department or water management district shall provide the 215
325+accounting within 5 business days after receipt of the request 216
326+by the department or water management district. Upon receipt of 217
327+the accounting from the mitigation banks, the department or 218
328+water management district shall determine if sufficient credits 219
329+are available to offset impacts associated with the proposed 220
330+project and notify the project applicant of such determination. 221
331+The project applicant may rely on the determination from the 222
332+department or water management district for a period of 1 year 223
333+after such determination. 224
334+ (h) Beginning July 1, 2026, and each July 1 thereafter, 225
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341-hb1175-02-c2
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343343 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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347-the 15-business-day timeframe, it is presumed credits are not 226
348-available. Upon receipt of the accounting from the mitigation 227
349-banks, the department or water management d istrict shall 228
350-determine if sufficient credits are available to offset impacts 229
351-associated with the proposed project and notify the permit 230
352-applicant of such determination within 15 business days. The 231
353-permit applicant, and no other entity, may rely on the 232
354-determination from the department or water management district 233
355-for a period of 1 year beginning on the date the department or 234
356-water management district notifies the permit applicant of such 235
357-determination, but only for purposes relating to the pending 236
358-application producing such determination and not for any 237
359-extensions, renewals, or modifications of any permit issued 238
360-pursuant to the pending application or any other permit 239
361-application. 240
362- (h) Beginning July 1, 2026, and each July 1 thereafter, 241
363-each mitigation bank in this state shall submit to the 242
364-department or water management district an accounting of the 243
365-number and type of credits the mitigation has available for 244
366-sale. The accounting may not include names of parties for which 245
367-credits have been reserved or the co ntract price paid for the 246
368-credits. The department or water management district shall 247
369-compile the information to provide an assessment of this state's 248
370-mitigation banking system and submit a report to the President 249
371-of the Senate and the Speaker of the House of Representatives on 250
347+each mitigation bank in this state shall submit to the 226
348+department or water management district a report with an 227
349+accounting of the number and type of credits the mitigation has 228
350+available for sale. The report may not include names of parties 229
351+for which credits have been reserved or the contract price paid 230
352+for the credits. The department or water management district 231
353+shall compile the annual reports to provide an assessment of 232
354+this state's mitigation banking system and submit a report to 233
355+the President of the Senate and the Speaker of the House of 234
356+Representatives on October 1, 2026, and each October 1 235
357+thereafter. 236
358+ Section 2. Subsection (14) is added to section 704.06, 237
359+Florida Statutes, to read: 238
360+ 704.06 Conservation easements; creation; acquisition; 239
361+enforcement.— 240
362+ (14)(a) Upon application by the fee simple owner of a 241
363+parcel of land subject to a conservation easement to a water 242
364+management district, a water management district shall release 243
365+the conservation easement if the following conditions are met: 244
366+ 1. The land subject to the easement is less than 15 acres 245
367+and is bordered on three or more sides by impervious surfaces; 246
368+ 2. Any undeveloped adjacent parcels of land are less than 247
369+15 acres and similarly bordered on three or more sides by 248
370+impervious surfaces; 249
371+ 3. The land contains no historical, architectural, 250
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380380 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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384-October 1, 2026, and each October 1 thereafter. 251
385- Section 2. Subsection (14) is added to section 704.06, 252
386-Florida Statutes, to read: 253
387- 704.06 Conservation easements; creation; acquisition; 254
388-enforcement.— 255
389- (14)(a) Upon application by the fee simple owner of a 256
390-parcel of land subject to a conservation easement to a water 257
391-management district, a water management district shall release 258
392-the conservation easement if the following conditions are met: 259
393- 1. The land subject to the easement is le ss than 15 acres 260
394-and is bordered on three or more sides by impervious surfaces; 261
395- 2. Any undeveloped adjacent parcels of land are less than 262
396-15 acres and similarly bordered on three or more sides by 263
397-impervious surfaces; 264
398- 3. The land contains no historical, architectural, 265
399-archeological, or cultural significance; and 266
400- 4. Before the release of the conservation easement, the 267
401-applicant must have secured sufficient mitigation credits using 268
402-the uniform mitigation assessment method from a mitigation bank 269
403-located in this state to offset the loss of wetlands located on 270
404-the land subject to the conservation easement. 271
405- (b) Upon the water management district's release of the 272
406-conservation easement, the ad valorem taxes on the property 273
407-shall be based on the just value of the property, and the 274
408-property may be used for development consistent with the zoning 275
409-
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417-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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419-
420-
421-designation of the adjacent lands. 276
422- Section 3. This act shall take effect July 1, 2025. 277
384+archeological, or cultural significance; and 251
385+ 4. Before the release of the conservation easement, the 252
386+applicant must have secured sufficient mitigation credits using 253
387+the uniform mitigation assessment method from a mitigation bank 254
388+located in this state to offset the loss of wetlands located on 255
389+the land subject to the conservation easement. 256
390+ (b) Upon the water management district's release of the 257
391+conservation easement, the ad valorem taxes on the property 258
392+shall be based on the just value of the property, and the 259
393+property may be used for development consistent with the zoning 260
394+designation of the adjacent lands. 261
395+ Section 3. This act shall take effect July 1, 2025. 262