CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1285

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Clarke offered the following:

12

13         Amendment (with title amendment) 

14         On page 1, between lines 26 and 27

15

16  insert:

17         Section 1.  Subsection (18) and (19) of section 373.414

18  are amended to read:

19         373.414  Additional criteria for activities in surface

20  waters and wetlands.--

21         (18)  The department and each water management district

22  responsible for implementation of the environmental resource

23  permitting program shall develop a uniform wetland mitigation

24  assessment method for wetlands and other surface waters. no

25  later than October 1, 2001. The department shall adopt the

26  uniform wetland mitigation assessment method by rule no later

27  than July 31, January 31, 2002. The rule shall provide an

28  exclusive and consistent process for determining the amount of

29  mitigation required to offset impacts to wetlands and other

30  surface waters, and, once effective, shall supersede all

31  rules, ordinances, and variance procedures from ordinances

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    File original & 9 copies    03/12/02
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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1285

    Amendment No. ___ (for drafter's use only)





  1  that determine the amount of mitigation needed to offset such

  2  impacts. Once the department adopts the uniform wetland

  3  mitigation assessment method by rule, the uniform wetland

  4  mitigation assessment method shall be binding on the

  5  department, the water management districts, local governments,

  6  and any other governmental agencies and shall be the sole

  7  means to determine the amount of mitigation needed to offset

  8  adverse impacts to wetlands and other surface waters and to

  9  award and deduct mitigation bank credits. A water management

10  district and any other governmental agency subject to chapter

11  120 may apply the uniform wetland mitigation assessment method

12  without the need to adopt it pursuant to s. 120.54. It shall

13  be a goal of the department and water management districts

14  that the uniform wetland mitigation assessment method

15  developed be practicable for use within the timeframes

16  provided in the permitting process and result in a consistent

17  process for determining mitigation requirements. It shall be

18  recognized that any such method shall require the application

19  of reasonable scientific judgment. The uniform wetland

20  mitigation assessment method must determine the value of

21  functions provided by wetlands and other surface waters

22  considering the current conditions of these areas, utilization

23  by fish and wildlife, location, uniqueness, and hydrologic

24  connection, and, when applied to mitigation banks, in addition

25  to the factors listed in s. 373.4136(4). The uniform wetland

26  mitigation assessment method shall also account for the

27  expected time-lag associated with offsetting impacts and the

28  degree of risk associated with the proposed mitigation. The

29  uniform wetland mitigation assessment method shall account for

30  different ecological communities in different areas of the

31  state. In developing the uniform wetland mitigation assessment

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1285

    Amendment No. ___ (for drafter's use only)





  1  method, the department and water management districts shall

  2  consult with approved local programs under s. 403.182 which

  3  have an established wetland mitigation program for wetlands or

  4  other surface waters. The department and water management

  5  districts shall consider the recommendations submitted by such

  6  approved local programs, including any recommendations

  7  relating to the adoption by the department and water

  8  management districts of any uniform wetland mitigation

  9  methodology that has been adopted and used by an approved

10  local program in its established wetland mitigation program

11  for wetlands or other surface waters. Environmental resource

12  permitting rules may establish categories of permits or

13  thresholds for minor impacts under which the use of the

14  uniform wetland mitigation assessment method will not be

15  required. The application of the uniform wetland mitigation

16  assessment method is not subject to s. 70.001. In the event

17  the rule establishing the uniform wetland mitigation

18  assessment method is deemed to be invalid, the applicable

19  rules related to establishing needed mitigation in existence

20  prior to the adoption of the uniform wetland mitigation

21  assessment method, including those adopted by a county which

22  is an approved local program under s. 403.182, and the method

23  described in paragraph (b) for existing mitigation banks,

24  shall be authorized for use by the department, water

25  management districts, local governments, and other state

26  agencies.

27         (a)  In developing the uniform wetland mitigation

28  assessment method, the department shall seek input from the

29  United States Army Corps of Engineers in order to promote

30  consistency in the mitigation assessment methods used by the

31  state and federal permitting programs.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1285

    Amendment No. ___ (for drafter's use only)





  1         (b)  An entity which has received a mitigation bank

  2  permit prior to the adoption of the uniform wetland mitigation

  3  assessment method shall have impact sites assessed, for the

  4  purpose of deducting bank credits, using the credit assessment

  5  method, including any functional assessment methodology, which

  6  was in place when the bank was permitted; unless the entity

  7  elects to have its credits redetermined, and thereafter have

  8  its credits deducted, using the uniform wetland mitigation

  9  assessment method.

10         (19)  The Office of Program Policy Analysis and

11  Government Accountability shall study the cumulative impact

12  consideration required by subsection (8) and issue a report by

13  July 1, 2001. The study shall address the justification for

14  the cumulative impact consideration, changes that can provide

15  clarity and certainty in the cumulative impact consideration,

16  and whether a practicable, consistent, and equitable

17  methodology can be developed for considering cumulative

18  impacts within the environmental resource permitting program.

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20

21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 1, line 2 after the semicolon

24

25  insert:

26         amending s. 373.414, F.S.; requiring that the

27         Department of Environmental Protection adopt a

28         uniform mitigation assessment method by rule by

29         July 31, 2002;

30

31

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