CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 972
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Forman moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 80, between lines 10 and 11,
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17 Section 37. Subsection (18) is added to section
18 373.414, Florida Statutes, to read:
19 373.414 Additional criteria for activities in surface
20 waters and wetlands.--
21 (18) MITIGATION STUDIES.--
22 (a) For impacts resulting from activities regulated
23 under part IV of chapter 373, the Legislature finds that
24 successful mitigation performed by the public and private
25 sectors has helped to preserve the state's natural resources.
26 (b) To enhance mitigation processes while continuing
27 to ensure mitigation success, the Office of Program Policy
28 Analysis and Governmental Accountability shall study
29 mitigation options as defined in s. 373.414(1)(b) and issue a
30 report by January 1, 2000. At a minimum, the report shall
31 contain:
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Amendment No.
1 1. A comparison of each currently utilized mitigation
2 option to determine whether each mitigation option offsets the
3 losses of wetlands and wetland functions in an equitable and
4 effective manner, including an assessment of the timing of the
5 mitigation in relation to the impact.
6 2. An analysis of whether certain forms or aspects of
7 mitigation are more effectively accomplished by the private
8 sector and whether certain forms or aspects are more
9 effectively accomplished by the public sector.
10 3. An analysis of the costs of providing these
11 mitigation options.
12 4. An analysis of off-site mitigation options,
13 including the application of the cumulative impact
14 consideration under s. 373.414 to projects seeking off-site
15 mitigation and an evaluation of the ability of a mitigation
16 bank to use its credits within its mitigation service area
17 without causing unacceptable cumulative impacts.
18 5. An analysis of the process for determining
19 mitigation service areas for mitigation banks.
20 6. Recommendations for statutory changes, if
21 necessary, to address problems identified in the report.
22 7. Recommendations for rule changes, if necessary, to
23 address problems identified in the report.
24 (c) The staff of the Office of Program Policy Analysis
25 and Governmental Accountability shall form a workgroup of
26 affected parties to assist in developing this report. The
27 affected parties shall include representatives from the
28 private mitigation banking industry, entities operating or
29 using off-site regional mitigation, the environmental
30 community, the water management districts, the Department of
31 Environmental Protection, the development community, the U.S.
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Amendment No.
1 Army Corps of Engineers, and the Florida Local Environmental
2 Resource Agencies. Other entities with appropriate technical
3 expertise or knowledge may be asked to advise the Office of
4 Program Policy Analysis and Governmental Accountability. All
5 participants in the study shall serve voluntarily, and may not
6 receive compensation for their participation or travel
7 expenses. The Office of Program Policy Analysis and
8 Governmental Accountability shall conduct at least two public
9 workshops, notice of which shall be provided pursuant to
10 chapter 120, at which the work group, other entities, and the
11 public shall be given the opportunity to participate, provide
12 information, and comment on the study, including the
13 development of the study's scope and an interim update. Prior
14 to publishing the final report and recommendations, the Office
15 of Program Policy Analysis and Governmental Accountability
16 shall submit preliminary findings and recommendations to all
17 affected parties. These affected parties shall be given the
18 opportunity to respond, collectively or individually, to the
19 findings within 30 calendar days after receipt of the
20 tentative findings. Such response and the Office of Program
21 Policy Analysis and Governmental Accountability rebuttal to
22 the response shall be included in the final study report.
23 (d) A technical work group, co-chaired by the
24 Department of Environmental Protection, South Florida Water
25 Management District, Southwest Florida Water Management
26 District, and St. Johns River Water Management District, shall
27 be established to analyze the methods by which the assessment
28 of the functional aspects of impact and mitigation sites are
29 made and to develop a uniform functional assessment
30 methodology based on this analysis which recognizes regional
31 ecological differences, is cost-effective, is repeatable and
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1 objective, and accurately reflects the extent of adverse
2 impacts and ecological improvements. The analysis shall assess
3 the criteria used by the uniform functional assessment methods
4 presently in use and compare their consistency with the rules
5 adopted by the agencies pursuant to the requirements of
6 subsection (9). Affected parties, including the regulated
7 community and local governments, shall be invited to
8 participate in the analysis and development of recommendations
9 for a uniform functional assessment methodology. The work
10 group co-chairs shall report on the progress of their findings
11 to the Governor, the President of the Senate, and the Speaker
12 of the House of Representatives by January 1, 2000.
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14 (Redesignate subsequent sections.)
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18 And the title is amended as follows:
19 On page 5, line 21, after the word "process;"
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21 insert:
22 amending s. 373.414, F.S.; providing for
23 mitigation studies; requiring a report;
24 providing for workgroups to assist in
25 conducting the study;
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