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





                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Pruitt offered the following:

12

13         Amendment (with title amendment) 

14         On page 74, between lines 28 and 29

15

16  insert:

17         Section 61.  Subsections (4), (6), and (11) of section

18  373.4136, Florida Statutes, are amended and subsection (12) is

19  added to that section to read:

20         373.4136  Establishment and operation of mitigation

21  banks.--

22         (4)  MITIGATION CREDITS.--After evaluating the

23  information submitted by the applicant for a mitigation bank

24  permit and assessing the proposed mitigation bank pursuant to

25  the criteria in this section, the department or water

26  management district shall award a number of mitigation credits

27  to a proposed mitigation bank or phase of such mitigation

28  bank.  An entity establishing and operating a mitigation bank

29  may apply to modify the mitigation bank permit to seek the

30  award of additional mitigation credits if the mitigation bank

31  results in an additional increase in ecological value over the

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  value contemplated at the time of the original permit

 2  issuance, or the most recent modification thereto involving

 3  the number of credits awarded. The number of credits awarded

 4  shall be based on the degree of improvement in ecological

 5  value expected to result from the establishment and operation

 6  of the mitigation bank as determined using a functional

 7  assessment methodology. Each water management district that

 8  has responsibility for reviewing and taking final agency

 9  action on mitigation bank permit applications pursuant to the

10  operating agreements adopted under s. 373.046, and the

11  department, shall adopt a uniform functional assessment

12  methodology by rule no later than January 1, 2001. The

13  methodology may account for different ecological communities

14  in different areas of the state, and shall be used by the

15  department and the water management districts to award credits

16  and to deduct credits from a mitigation bank. A local

17  government that operates an independent wetland regulatory

18  program is not required to use this uniform functional

19  assessment methodology for its program. An entity that

20  received a mitigation bank permit before the adoption of the

21  uniform functional assessment methodology shall have credits

22  deducted from its bank pursuant to the credit assessment

23  method in place when the bank was permitted, unless the entity

24  elects to have credits deducted pursuant to the uniform

25  functional assessment methodology. Before the adoption of the

26  uniform functional assessment methodology rule and at the

27  request of the holder of a mitigation bank permit, impact

28  sites for which credits from that mitigation bank are proposed

29  for use as mitigation must be assessed using the same

30  functional assessment methodology as that used to assess and

31  assign credits to the mitigation bank. The environmental

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  resource permit rule mitigation ratios may not be used to

 2  determine mitigation bank credit requirements for those impact

 3  sites in which a functional assessment methodology is used.

 4  The uniform functional assessment methodology must, at a

 5  minimum, evaluate In determining the degree of improvement in

 6  ecological value, each of the following factors, at a minimum,

 7  shall be evaluated:

 8         (a)  The extent to which target hydrologic regimes can

 9  be achieved and maintained.

10         (b)  The extent to which management activities promote

11  natural ecological conditions, such as natural fire patterns.

12         (c)  The proximity of the mitigation bank to areas with

13  regionally significant ecological resources or habitats, such

14  as national or state parks, Outstanding National Resource

15  Waters and associated watersheds, Outstanding Florida Waters

16  and associated watersheds, and lands acquired through

17  governmental or nonprofit land acquisition programs for

18  environmental conservation; and the extent to which the

19  mitigation bank establishes corridors for fish, wildlife, or

20  listed species to those resources or habitats.

21         (d)  The quality and quantity of wetland or upland

22  restoration, enhancement, preservation, or creation.

23         (e)  The ecological and hydrological relationship

24  between wetlands and uplands in the mitigation bank.

25         (f)  The extent to which the mitigation bank provides

26  habitat for fish and wildlife, especially habitat for species

27  listed as threatened, endangered, or of special concern, or

28  provides habitats that are unique for that mitigation service

29  area.

30         (g)  The extent to which the lands that are to be

31  preserved are already protected by existing state, local, or

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  federal regulations or land use restrictions.

 2         (h)  The extent to which lands to be preserved would be

 3  adversely affected if they were not preserved.

 4         (i)  Any special designation or classification of the

 5  affected waters and lands.

 6         (6)  MITIGATION SERVICE AREA.--The department or water

 7  management district shall establish a mitigation service area

 8  for each mitigation bank permit.  The department or water

 9  management district shall notify and consider comments

10  received on the proposed mitigation service area from each

11  local government within the proposed mitigation service area

12  that operates a wetlands regulatory program.  Except as

13  provided herein, mitigation credits may be withdrawn and used

14  only to offset adverse impacts in the mitigation service area.

15  The boundaries of the mitigation service area shall depend

16  upon the geographic area where the mitigation bank could

17  reasonably be expected to offset adverse impacts.  A

18  mitigation service area must generally be at least as large as

19  the regional watershed in which the mitigation bank is

20  located. A mitigation service area may be larger than the

21  regional watershed if the mitigation bank provides exceptional

22  ecological value such that adverse impacts outside the

23  regional watershed could reasonably be expected to be

24  adequately offset by the mitigation bank. In exceptional

25  circumstances, a mitigation service area may be smaller than a

26  regional watershed if adverse impacts throughout the regional

27  watershed cannot reasonably be expected to be offset by the

28  mitigation bank because of local ecological or hydrological

29  conditions.  Mitigation service areas may overlap, and

30  mitigation service areas for two or more mitigation banks may

31  be approved for a regional watershed.

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         (a)  In determining the extent to which a mitigation

 2  bank provides exceptional ecological value such that adverse

 3  impacts outside the regional watershed could reasonably be

 4  expected to be adequately offset by the mitigation bank, the

 5  department or the water management district shall consider the

 6  characteristics, size, and location of the mitigation bank

 7  and, at a minimum, the extent to which the mitigation bank:

 8         1.  Will promote a regional integrated ecological

 9  network;

10         2.  Will significantly enhance the water quality or

11  restoration of an offsite receiving water body that is

12  designated as an Outstanding Florida Water, a Wild and Scenic

13  River, an aquatic preserve, a water body designated in a plan

14  adopted pursuant to s. 373.456 of the Surface Water

15  Improvement and Management Act, or a nationally designated

16  estuarine preserve;

17         3.  Will provide for the long-term viability of

18  endangered or threatened species or species of special

19  concern; and

20         4.  Is consistent with the objectives of a regional

21  management plan adopted or endorsed by the department or water

22  management districts.

23         (b)  Once a mitigation bank service area has been

24  established by the department or a water management district

25  for a mitigation bank, such service area shall be accepted by

26  all water management districts, local governments, and the

27  department.

28         (c)  If the requirements in s. 373.4135(1)(b) are met,

29  the following projects or activities regulated under this part

30  shall be eligible to use a mitigation bank, regardless of

31  whether they are notwithstanding the fact that they are not

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  completely located within the mitigation service area:

 2         1.  Projects with adverse impacts partially located

 3  within the mitigation service area.

 4         2.  Linear projects, such as roadways, transmission

 5  lines, distribution lines, pipelines, or railways.

 6         3.  Projects with total adverse impacts of less than 1

 7  acre in size.

 8         (11)  RULES.--The department and water management

 9  district may adopt rules to implement the provisions of s.

10  373.4135 and this section, which shall include, but not be

11  limited to, provisions:

12         (a)  Requiring financial responsibility for the

13  construction, operation, and long-term management of a

14  mitigation bank;

15         (b)  For the perpetual protection and management of

16  mitigation banks; and

17         (c)  For the use of the functional assessment

18  methodology referenced in this section. Establishing a system

19  and methodology for the valuation, assessment, and award of

20  mitigation credits.

21         (12)  PROCESSING.--Mitigation bank permit applications

22  are subject to s. 373.4141.

23         Section 62.  Subsection (4) of section 373.4137,

24  Florida Statutes, is amended to read:

25         373.4137  Mitigation requirements.--

26         (4)  Prior to December 31, 1996, each water management

27  district, in consultation with the Department of Environmental

28  Protection, the United States Army Corps of Engineers, and

29  other appropriate federal, state, and local governments, shall

30  develop a plan for the primary purpose of complying with the

31  mitigation requirements adopted pursuant to this part and 33

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  U.S.C. s. 1344.  This plan shall also address significant

 2  aquatic and exotic plant problems within wetlands and other

 3  surface waters.  In developing such plans, the districts shall

 4  utilize sound ecosystem management practices to address

 5  significant water resource needs.  In determining the

 6  activities to be included in such plans, the districts shall

 7  also consider the purchase of credits from public or private

 8  mitigation banks permitted under s. 373.4136 and approved in

 9  accordance with the Federal Guidance for the Establishment,

10  Use, and Operation of Mitigation Banks (60 Fed. Reg. S8605).

11  To the maximum extent practicable under state and federal law,

12  preference shall be given to the use of a mitigation bank when

13  the transportation project impact occurs within the mitigation

14  bank's service area, the mitigation bank has the number and

15  type of credits needed to offset the impact, the mitigation

16  bank will this part and shall include such purchase as a part

17  of the mitigation plan when such purchase would offset the

18  impact of the transportation project, provide equal benefits

19  to the water resources as than other mitigation options being

20  considered, and the mitigation bank will provide the most

21  cost-effective mitigation option.  The mitigation plan shall

22  be preliminarily approved by the water management district

23  governing board and shall be submitted to the secretary of the

24  Department of Environmental Protection for review and final

25  approval.  At least 30 days prior to preliminary approval, the

26  water management district shall provide a copy of the draft

27  mitigation plan to any person who has requested a copy.

28         (a)  If the Department of Environmental Protection and

29  water management districts are unable to identify mitigation

30  that would offset the impacts of a project included in the

31  inventory, either due to the nature of the impact or the

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  amount of funds available, that project shall not be addressed

 2  in the mitigation plan and the project shall not be subject to

 3  the provisions of this section.

 4         (b)  Specific projects may be excluded from the

 5  mitigation plan and shall not be subject to this section upon

 6  the agreement of the Department of Transportation, the

 7  Department of Environmental Protection, and the appropriate

 8  water management district that the inclusion of such projects

 9  would hamper the efficiency or timeliness of the mitigation

10  planning and permitting process.

11         (c)  Those transportation projects that are proposed to

12  commence in fiscal year 1996-1997 shall not be addressed in

13  the mitigation plan, and the provisions of subsection (7)

14  shall not apply to these projects.  The Department of

15  Transportation may enter into interagency agreements with the

16  Department of Environmental Protection or any water management

17  district to perform mitigation planning and implementation for

18  these projects.

19         (d)  On July 1, 1996, the Department of Transportation

20  shall transfer to the Department of Environmental Protection

21  $12 million from the State Transportation Trust Fund for the

22  purposes of the surface water improvement management program

23  and to address statewide aquatic and exotic plant problems

24  within wetlands and other surface waters.  Such funds shall be

25  considered an advance upon funds that the Department of

26  Transportation would provide for statewide mitigation during

27  the 1997-1998, 1998-1999, and 1999-2000 fiscal years.  This

28  use of mitigation funds for surface water improvement

29  management projects or aquatic and exotic plant control may be

30  utilized as mitigation for transportation projects to the

31  extent that it complies with the mitigation requirements

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  adopted pursuant to this part and 33 U.S.C. s. 1344.  To the

 2  extent that such activities result in mitigation credit for

 3  projects permitted in fiscal year 1996-1997, all or part of

 4  the $12 million funding for surface water improvement

 5  management projects or aquatic and exotic plant control in

 6  fiscal year 1996-1997 shall be drawn from Department of

 7  Transportation mitigation funding for fiscal year 1996-1997

 8  rather than from mitigation funding for fiscal years

 9  1997-1998, 1998-1999, and 1999-2000, in an amount equal to the

10  cost per acre of impact described in subsection (3), times the

11  acreage of impact that is mitigated by such plant control

12  activities.  Any part of the $12 million that does not result

13  in mitigation credit for projects permitted in fiscal year

14  1996-1997 shall remain available for mitigation credit during

15  fiscal years 1997-1998, 1998-1999, or 1999-2000.

16         Section 63.  Subsection (8) of section 373.414, Florida

17  Statutes, is amended to read:

18         373.414  Additional criteria for activities in surface

19  waters and wetlands.--

20         (8)  The governing board or the department, in deciding

21  whether to grant or deny a permit for an activity regulated

22  under this part shall consider the cumulative impacts upon

23  surface water and wetlands, as delineated in s. 373.421(1),

24  within the same watershed drainage basin as defined in s.

25  373.403(12) 373.403(9), of:

26         (a)  The activity for which the permit is sought.

27         (b)  Projects which are existing or activities

28  regulated under this part which are under construction or

29  projects for which permits or determinations pursuant to s.

30  373.421 or s. 403.914 have been sought.

31         (c)  Activities which are under review, approved, or

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  vested pursuant to s. 380.06, or other activities regulated

 2  under this part which may reasonably be expected to be located

 3  within surface waters or wetlands, as delineated in s.

 4  373.421(1), in the same water shed drainage basin as defined

 5  in s. 373.403(12) s. 373.403(9), based upon the comprehensive

 6  plans, adopted pursuant to chapter 163, of the local

 7  governments having jurisdiction over the activities, or

 8  applicable land use restrictions and regulations.

 9

10  Provided that the mitigation offsets the impacts of the

11  activity regulated under this part, as required by s.

12  373.414(1)(b), the cumulative impacts of an activity regulated

13  under this part shall not be considered unacceptable if the

14  mitigation for that activity will be located within the same

15  watershed as the impact.

16

17

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

19  And the title is amended as follows:

20         On page 6, between lines 18 and 19

21

22  insert:

23         amending s. 373.4136, F.S.; requiring the

24         adoption of a uniform functional assessment

25         methodology rule; revising standards for

26         determining the boundaries of a mitigation

27         service area; providing for the processing of

28         mitigation bank permits; amending s. 373.4137,

29         F.S.; authorizing the use of mitigation banks;

30         amending s. 373.414, F.S.; providing for

31         consideration of cumulative impacts;

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