HOUSE AMENDMENT
                                            Bill No. CS/CS/HB 1053
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Brown offered the following:
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13         Amendment (with title amendment) 
14         On page 110, between lines 25 and 26 of the bill
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16  insert:  
17         Section 54.  Subsection (18) of section 373.414,
18  Florida Statutes, is amended to read:
19         373.414  Additional criteria for activities in surface
20  waters and wetlands.--
21         (18)  The department and each water management district
22  responsible for implementation of the environmental resource
23  permitting program shall develop a uniform wetland mitigation
24  assessment method no later than October 1, 2001. The
25  department shall adopt the uniform wetland mitigation
26  assessment method by rule no later than January 31, 2002.
27  Rules promulgated pursuant to this subsection shall be
28  submitted to the President of the Senate and the Speaker of
29  the House of Representatives for review by the Legislature no
30  later than 30 days prior to the 2002 regular session, and
31  shall become effective only after legislative review. In its
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    File original & 9 copies    04/26/01                          
    hep0001                     09:10 am         01053-0005-802057

HOUSE AMENDMENT Bill No. CS/CS/HB 1053 Amendment No. ___ (for drafter's use only) 1 review, the Legislature may reject, modify, or take no action 2 relative to such rules. Once the department adopts the uniform 3 wetland mitigation assessment method by rule, the uniform 4 wetland mitigation assessment method shall be binding on the 5 department, the water management districts, local governments, 6 and any other governmental agencies and shall be the sole 7 means to determine mitigation needed to offset adverse impacts 8 and to award and deduct mitigation bank credits. A water 9 management district and any other governmental agency subject 10 to chapter 120 may apply the uniform wetland mitigation 11 assessment method without the need to adopt it pursuant to s. 12 120.54. It shall be a goal of the department and water 13 management districts that the uniform wetland mitigation 14 assessment method developed be practicable for use within the 15 timeframes provided in the permitting process and result in a 16 consistent process for determining mitigation requirements. It 17 shall be recognized that any such method shall require the 18 application of reasonable scientific judgment. The uniform 19 wetland mitigation assessment method must determine the value 20 of functions provided by wetlands and other surface waters 21 considering the current conditions of these areas, utilization 22 by fish and wildlife, location, uniqueness, and hydrologic 23 connection, in addition to the factors listed in s. 24 373.4136(4). The uniform wetland mitigation assessment method 25 shall also account for the expected time-lag associated with 26 offsetting impacts and the degree of risk associated with the 27 proposed mitigation. The uniform wetland mitigation assessment 28 method shall account for different ecological communities in 29 different areas of the state. In developing the uniform 30 wetland mitigation assessment method, the department and water 31 management districts shall consult with approved local 2 File original & 9 copies 04/26/01 hep0001 09:10 am 01053-0005-802057
HOUSE AMENDMENT Bill No. CS/CS/HB 1053 Amendment No. ___ (for drafter's use only) 1 programs under s. 403.182 which have an established wetland 2 mitigation program. The department and water management 3 districts shall consider the recommendations submitted by such 4 approved local programs, including any recommendations 5 relating to the adoption by the department and water 6 management districts of any uniform wetland mitigation 7 methodology that has been adopted and used by an approved 8 local program in its established wetland mitigation program. 9 Environmental resource permitting rules may establish 10 categories of permits or thresholds for minor impacts under 11 which the use of the uniform wetland mitigation assessment 12 method will not be required. The application of the uniform 13 wetland mitigation assessment method is not subject to s. 14 70.001. In the event the rule establishing the uniform wetland 15 mitigation assessment method is deemed to be invalid, the 16 applicable rules related to establishing needed mitigation in 17 existence prior to the adoption of the uniform wetland 18 mitigation assessment method, including those adopted by a 19 county which is an approved local program under s. 403.182, 20 and the method described in paragraph (b) for existing 21 mitigation banks, shall be authorized for use by the 22 department, water management districts, local governments, and 23 other state agencies. 24 (a) In developing the uniform wetland mitigation 25 assessment method, the department shall seek input from the 26 United States Army Corps of Engineers in order to promote 27 consistency in the mitigation assessment methods used by the 28 state and federal permitting programs. 29 (b) An entity which has received a mitigation bank 30 permit prior to the adoption of the uniform wetland mitigation 31 assessment method shall have impact sites assessed, for the 3 File original & 9 copies 04/26/01 hep0001 09:10 am 01053-0005-802057
HOUSE AMENDMENT Bill No. CS/CS/HB 1053 Amendment No. ___ (for drafter's use only) 1 purpose of deducting bank credits, using the credit assessment 2 method, including any functional assessment methodology, which 3 was in place when the bank was permitted; unless the entity 4 elects to have its credits redetermined, and thereafter have 5 its credits deducted, using the uniform wetland mitigation 6 assessment method. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 7, line 1 12 remove from the title of the bill: all of said line 13 14 and insert in lieu thereof: 15 projects; amending s. 373.414, F.S.; providing 16 for legislative review of the uniform wetland 17 mitigation assessment method rule; amending s. 18 475.011, F.S.; granting 19 20 21 22 23 24 25 26 27 28 29 30 31 4 File original & 9 copies 04/26/01 hep0001 09:10 am 01053-0005-802057