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House Bill 1679

Florida House of Representatives - 1997 HB 1679 By Representative Constantine 1 A bill to be entitled 2 An act relating to surface waters or wetlands 3 mitigation; amending s. 373.414, F.S.; revising 4 conditions for the acceptance of money as 5 mitigation in certain permitted projects; 6 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 11 373.414, Florida Statutes, 1996 Supplement, is amended to 12 read: 13 373.414 Additional criteria for activities in surface 14 waters and wetlands.-- 15 (1) As part of an applicant's demonstration that an 16 activity regulated under this part will not be harmful to the 17 water resources or will not be inconsistent with the overall 18 objectives of the district, the governing board or the 19 department shall require the applicant to provide reasonable 20 assurance that state water quality standards applicable to 21 waters as defined in s. 403.031(13) will not be violated and 22 reasonable assurance that such activity in, on, or over 23 surface waters or wetlands, as delineated in s. 373.421(1), is 24 not contrary to the public interest. However, if such an 25 activity significantly degrades or is within an Outstanding 26 Florida Water, as provided by department rule, the applicant 27 must provide reasonable assurance that the proposed activity 28 will be clearly in the public interest. 29 (b) If the applicant is unable to otherwise meet the 30 criteria set forth in this subsection, the governing board or 31 the department, in deciding to grant or deny a permit, shall 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1679 502-156-97 1 consider measures proposed by or acceptable to the applicant 2 to mitigate adverse effects that may be caused by the 3 regulated activity. Such measures may include, but are not 4 limited to, onsite mitigation, offsite mitigation, offsite 5 regional mitigation, and the purchase of mitigation credits 6 from mitigation banks permitted under s. 373.4136. It shall 7 be the responsibility of the applicant to choose the form of 8 mitigation. The mitigation must offset the adverse effects 9 caused by the regulated activity. 10 1. The department or water management districts may 11 accept the donation of money as mitigation only where the 12 donation is specified for use in a permitted 13 department-or-water-management-district-endorsed environmental 14 creation, preservation, enhancement, or restoration project 15 that offsets the impacts of the activity permitted under this 16 part and that provides for no net loss of wetland functions. 17 However, the provisions of this subsection shall not apply to 18 projects undertaken pursuant to s. 373.4137. Where a permit is 19 required under this part to implement any project endorsed by 20 the department or a water management district, All necessary 21 permits for any project endorsed by the department or water 22 management district must be have been issued prior to the 23 acceptance of any cash donation. After the effective date of 24 this act, when money is donated to either the department or a 25 water management district to offset impacts authorized by a 26 permit under this part, the department or the water management 27 district shall accept only a donation that represents the full 28 cost to the department or water management district of 29 undertaking the project that is intended to mitigate the 30 adverse impacts. The full cost shall include all direct and 31 indirect costs, as applicable, such as those for land 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1679 502-156-97 1 acquisition, land restoration or enhancement, perpetual land 2 management, and general overhead consisting of costs such as 3 staff time, building, and vehicles. The department or the 4 water management district may use a multiplier or percentage 5 to add to other direct or indirect costs to estimate general 6 overhead. Mitigation credit for such a donation shall be 7 given only to the extent that the donation covers the full 8 cost to the agency of undertaking the project that is intended 9 to mitigate the adverse impacts. However, nothing herein 10 shall be construed to prevent the department or a water 11 management district from accepting a donation representing a 12 portion of a larger project, provided that the donation covers 13 the full cost of that portion and mitigation credit is given 14 only for that portion. The department or water management 15 district may deviate from the full cost requirements of this 16 subparagraph to resolve a proceeding brought pursuant to 17 chapter 70 or a claim for inverse condemnation. Nothing in 18 this section shall be construed to require the owner of a 19 private mitigation bank, permitted under s. 373.4136, to 20 include the full cost of a mitigation credit in the price of 21 the credit to a purchaser of said credit. 22 2. If the applicant is unable to meet water quality 23 standards because existing ambient water quality does not meet 24 standards, the governing board or the department shall 25 consider mitigation measures proposed by or acceptable to the 26 applicant that cause net improvement of the water quality in 27 the receiving body of water for those parameters which do not 28 meet standards. 29 3. If mitigation requirements imposed by a local 30 government for surface water and wetland impacts of an 31 activity regulated under this part cannot be reconciled with 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1679 502-156-97 1 mitigation requirements approved under a permit for the same 2 activity issued under this part, the mitigation requirements 3 for surface water and wetland impacts shall be controlled by 4 the permit issued under this part. 5 Section 2. This act shall take effect upon becoming a 6 law. 7 8 ***************************************** 9 SENATE SUMMARY 10 Revises conditions for the acceptance of money as mitigation in permitted 11 department-or-water-management-district endorsed surface waters or wetlands projects. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4