Bill Text: FL S0532 | 2019 | Regular Session | Comm Sub
Bill Title: Wetland Mitigation
Spectrum:
Status: (Introduced - Dead) 2019-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 521 (Ch. 2019-110) [S0532 Detail]
Download: Florida-2019-S0532-Comm_Sub.html
Florida Senate - 2019 CS for SB 532 By the Committee on Community Affairs; and Senators Lee and Farmer 578-02722-19 2019532c1 1 A bill to be entitled 2 An act relating to wetland mitigation; amending s. 3 373.4135, F.S.; authorizing a local government to 4 allow permittee-responsible mitigation on lands 5 purchased and owned by a local government for 6 conservation purposes under certain circumstances; 7 requiring such mitigation to meet specified 8 requirements; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (b) of subsection (1) of section 13 373.4135, Florida Statutes, is amended to read: 14 373.4135 Mitigation banks and offsite regional mitigation.— 15 (1) The Legislature finds that the adverse impacts of 16 activities regulated under this part may be offset by the 17 creation, maintenance, and use of mitigation banks and offsite 18 regional mitigation. Mitigation banks and offsite regional 19 mitigation can enhance the certainty of mitigation and provide 20 ecological value due to the improved likelihood of environmental 21 success associated with their proper construction, maintenance, 22 and management. Therefore, the department and the water 23 management districts are directed to participate in and 24 encourage the establishment of private and public mitigation 25 banks and offsite regional mitigation. Mitigation banks and 26 offsite regional mitigation should emphasize the restoration and 27 enhancement of degraded ecosystems and the preservation of 28 uplands and wetlands as intact ecosystems rather than alteration 29 of landscapes to create wetlands. This is best accomplished 30 through restoration of ecological communities that were 31 historically present. 32 (b) The Legislature recognizes the importance of mitigation 33 banks as an appropriate and allowable mitigation alternative to 34 permittee-responsible mitigation. However, the Legislature also 35 recognizes that certain timing and geographical constraints 36 could result in the unavailability of mitigation bank credits 37 for a certain project upon completion of the project’s 38 application. If state and federal mitigation credits are not 39 available to offset the adverse impacts of a project, a local 40 government may allow permittee-responsible mitigation consisting 41 of the restoration or enhancement of lands purchased and owned 42 by a local government for conservation purposes, and such 43 mitigation must conform to the permitting requirements of s. 44 373.4136. Except where a local government has allowed a public 45 or private mitigation project to be created on land it has 46 purchased for conservation purposes pursuant to this paragraph 47Notwithstanding the provisions of this section, a governmental 48 entity may not create or provide mitigation for a project other 49 than its own unless the governmental entity uses land that was 50 not previously purchased for conservation and unless the 51 governmental entity provides the same financial assurances as 52 required for mitigation banks permitted under s. 373.4136. This 53 paragraph does not apply to: 54 1. Mitigation banks permitted before December 31, 2011, 55 under s. 373.4136; 56 2. Offsite regional mitigation areas established before 57 December 31, 2011, under subsection (6); 58 3. Mitigation for transportation projects under ss. 59 373.4137 and 373.4139; 60 4. Mitigation for impacts from mining activities under s. 61 373.41492; 62 5. Mitigation provided for single-family lots or homeowners 63 under subsection (7); 64 6. Entities authorized in chapter 98-492, Laws of Florida; 65 7. Mitigation provided for electric utility impacts 66 certified under part II of chapter 403; or 67 8. Mitigation provided on sovereign submerged lands under 68 subsection (6). 69 Section 2. This act shall take effect July 1, 2019.