Florida Senate - 2016                                    SB 1232
       
       
        
       By Senator Hays
       
       11-01375A-16                                          20161232__
    1                        A bill to be entitled                      
    2         An act relating to mitigation; amending s. 373.4135,
    3         F.S.; providing an exception from certain restrictions
    4         on the use of governmental lands for mitigation of
    5         impacts from the mining of construction aggregate
    6         materials; authorizing such mitigation to include the
    7         removal and management of exotic plant species;
    8         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) Notwithstanding the provisions of this section, a
   33  governmental entity may not create or provide mitigation for a
   34  project other than its own unless the governmental entity uses
   35  land that was not previously purchased for conservation and
   36  unless the governmental entity provides the same financial
   37  assurances as required for mitigation banks permitted under s.
   38  373.4136. This paragraph does not apply to:
   39         1. Mitigation banks permitted before December 31, 2011,
   40  under s. 373.4136;
   41         2. Offsite regional mitigation areas established before
   42  December 31, 2011, under subsection (6);
   43         3. Mitigation for transportation projects under ss.
   44  373.4137 and 373.4139;
   45         4. Mitigation for impacts from mining activities under s.
   46  373.41492 or impacts from mining construction aggregate
   47  materials as defined in s. 337.0261. This mitigation may include
   48  the removal and management of exotic plant species;
   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, 2016.