Florida Senate - 2019 SB 532 By Senator Lee 20-00416A-19 2019532__ 1 A bill to be entitled 2 An act relating to wetland mitigation; amending s. 3 373.4135, F.S.; revising the conditions under which a 4 governmental entity may create or provide mitigation 5 for a project other than its own under certain 6 circumstances; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Paragraph (b) of subsection (1) of section 11 373.4135, Florida Statutes, is amended to read: 12 373.4135 Mitigation banks and offsite regional mitigation.— 13 (1) The Legislature finds that the adverse impacts of 14 activities regulated under this part may be offset by the 15 creation, maintenance, and use of mitigation banks and offsite 16 regional mitigation. Mitigation banks and offsite regional 17 mitigation can enhance the certainty of mitigation and provide 18 ecological value due to the improved likelihood of environmental 19 success associated with their proper construction, maintenance, 20 and management. Therefore, the department and the water 21 management districts are directed to participate in and 22 encourage the establishment of private and public mitigation 23 banks and offsite regional mitigation. Mitigation banks and 24 offsite regional mitigation should emphasize the restoration and 25 enhancement of degraded ecosystems and the preservation of 26 uplands and wetlands as intact ecosystems rather than alteration 27 of landscapes to create wetlands. This is best accomplished 28 through restoration of ecological communities that were 29 historically present. 30 (b)
Notwithstanding the provisions of this section,A 31 governmental entity may notcreate or provide mitigation for a 32 project other than its own if the mitigation credits available 33 from such mitigation are only sold or used when alternative 34 mitigation credits are not available from a unless the35 governmental entity uses land that was not previously purchased36 for conservation and unless the governmental entity provides the37 same financial assurances as required formitigation bank banks38 permitted under s. 373.4136, as determined by the department or 39 water management district. The restrictions in this paragraph do 40 doesnot apply to: 41 1. Mitigation banks permitted before December 31, 2011, 42 under s. 373.4136; 43 2. Offsite regional mitigation areas established before 44 December 31, 2011, under subsection (6); 45 3. Mitigation for transportation projects under ss. 46 373.4137 and 373.4139; 47 4. Mitigation for impacts from mining activities under s. 48 373.41492; 49 5. Mitigation provided for single-family lots or homeowners 50 under subsection (7); 51 6. Entities authorized in chapter 98-492, Laws of Florida; 52 7. Mitigation provided for electric utility impacts 53 certified under part II of chapter 403; or 54 8. Mitigation provided on sovereign submerged lands under 55 subsection (6). 56 Section 2. This act shall take effect July 1, 2019.