CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HB 1285
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Clarke offered the following:
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13 Amendment (with title amendment)
14 On page 1, between lines 26 and 27
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17 Section 1. Subsection (18) and (19) of section 373.414
18 are 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 for wetlands and other surface waters. no
25 later than October 1, 2001. The department shall adopt the
26 uniform wetland mitigation assessment method by rule no later
27 than July 31, January 31, 2002. The rule shall provide an
28 exclusive and consistent process for determining the amount of
29 mitigation required to offset impacts to wetlands and other
30 surface waters, and, once effective, shall supersede all
31 rules, ordinances, and variance procedures from ordinances
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hep0001 07:58 pm 01285-0069-985031
HOUSE AMENDMENT
Bill No. CS/HB 1285
Amendment No. ___ (for drafter's use only)
1 that determine the amount of mitigation needed to offset such
2 impacts. Once the department adopts the uniform wetland
3 mitigation assessment method by rule, the uniform wetland
4 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 the amount of mitigation needed to offset
8 adverse impacts to wetlands and other surface waters and to
9 award and deduct mitigation bank credits. A water management
10 district and any other governmental agency subject to chapter
11 120 may apply the uniform wetland mitigation assessment method
12 without the need to adopt it pursuant to s. 120.54. It shall
13 be a goal of the department and water management districts
14 that the uniform wetland mitigation assessment method
15 developed be practicable for use within the timeframes
16 provided in the permitting process and result in a consistent
17 process for determining mitigation requirements. It shall be
18 recognized that any such method shall require the application
19 of reasonable scientific judgment. The uniform wetland
20 mitigation assessment method must determine the value of
21 functions provided by wetlands and other surface waters
22 considering the current conditions of these areas, utilization
23 by fish and wildlife, location, uniqueness, and hydrologic
24 connection, and, when applied to mitigation banks, in addition
25 to the factors listed in s. 373.4136(4). The uniform wetland
26 mitigation assessment method shall also account for the
27 expected time-lag associated with offsetting impacts and the
28 degree of risk associated with the proposed mitigation. The
29 uniform wetland mitigation assessment method shall account for
30 different ecological communities in different areas of the
31 state. In developing the uniform wetland mitigation assessment
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HOUSE AMENDMENT
Bill No. CS/HB 1285
Amendment No. ___ (for drafter's use only)
1 method, the department and water management districts shall
2 consult with approved local programs under s. 403.182 which
3 have an established wetland mitigation program for wetlands or
4 other surface waters. The department and water management
5 districts shall consider the recommendations submitted by such
6 approved local programs, including any recommendations
7 relating to the adoption by the department and water
8 management districts of any uniform wetland mitigation
9 methodology that has been adopted and used by an approved
10 local program in its established wetland mitigation program
11 for wetlands or other surface waters. Environmental resource
12 permitting rules may establish categories of permits or
13 thresholds for minor impacts under which the use of the
14 uniform wetland mitigation assessment method will not be
15 required. The application of the uniform wetland mitigation
16 assessment method is not subject to s. 70.001. In the event
17 the rule establishing the uniform wetland mitigation
18 assessment method is deemed to be invalid, the applicable
19 rules related to establishing needed mitigation in existence
20 prior to the adoption of the uniform wetland mitigation
21 assessment method, including those adopted by a county which
22 is an approved local program under s. 403.182, and the method
23 described in paragraph (b) for existing mitigation banks,
24 shall be authorized for use by the department, water
25 management districts, local governments, and other state
26 agencies.
27 (a) In developing the uniform wetland mitigation
28 assessment method, the department shall seek input from the
29 United States Army Corps of Engineers in order to promote
30 consistency in the mitigation assessment methods used by the
31 state and federal permitting programs.
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HOUSE AMENDMENT
Bill No. CS/HB 1285
Amendment No. ___ (for drafter's use only)
1 (b) An entity which has received a mitigation bank
2 permit prior to the adoption of the uniform wetland mitigation
3 assessment method shall have impact sites assessed, for the
4 purpose of deducting bank credits, using the credit assessment
5 method, including any functional assessment methodology, which
6 was in place when the bank was permitted; unless the entity
7 elects to have its credits redetermined, and thereafter have
8 its credits deducted, using the uniform wetland mitigation
9 assessment method.
10 (19) The Office of Program Policy Analysis and
11 Government Accountability shall study the cumulative impact
12 consideration required by subsection (8) and issue a report by
13 July 1, 2001. The study shall address the justification for
14 the cumulative impact consideration, changes that can provide
15 clarity and certainty in the cumulative impact consideration,
16 and whether a practicable, consistent, and equitable
17 methodology can be developed for considering cumulative
18 impacts within the environmental resource permitting program.
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22 And the title is amended as follows:
23 On page 1, line 2 after the semicolon
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25 insert:
26 amending s. 373.414, F.S.; requiring that the
27 Department of Environmental Protection adopt a
28 uniform mitigation assessment method by rule by
29 July 31, 2002;
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