Senate Bill sb2360
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Florida Senate - 2003 SB 2360
By Senator Bennett
21-1553-03 See HB 1291
1 A bill to be entitled
2 An act relating to mitigation banks; amending
3 s. 373.4136, F.S.; providing that already
4 established mitigation bank service areas are
5 not subject to cumulative impact analysis on
6 the release of credits to certain persons;
7 amending s. 373.414, F.S.; providing that
8 proposed mitigation that offsets the adverse
9 impact in the mitigation bank service area
10 shall be considered to meet certain cumulative
11 impact requirements; providing an effective
12 date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (6) of section 373.4136, Florida
17 Statutes, is amended to read:
18 373.4136 Establishment and operation of mitigation
19 banks.--
20 (6) MITIGATION SERVICE AREA.--The department or water
21 management district shall establish a mitigation service area
22 for each mitigation bank permit. The department or water
23 management district shall notify and consider comments
24 received on the proposed mitigation service area from each
25 local government within the proposed mitigation service area.
26 Except as provided herein, mitigation credits may be withdrawn
27 and used only to offset adverse impacts in the mitigation
28 service area. The boundaries of the mitigation service area
29 shall depend upon the geographic area where the mitigation
30 bank could reasonably be expected to offset adverse impacts.
31 Mitigation service areas may overlap, and mitigation service
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2360
21-1553-03 See HB 1291
1 areas for two or more mitigation banks may be approved for a
2 regional watershed.
3 (a) In determining the boundaries of the mitigation
4 service area, the department or the water management district
5 shall consider the characteristics, size, and location of the
6 mitigation bank and, at a minimum, the extent to which the
7 mitigation bank:
8 1. Contributes to 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;
20 4. Is consistent with the objectives of a regional
21 management plan adopted or endorsed by the department or water
22 management districts; and
23 5. Can reasonably be expected to offset specific types
24 of wetland impacts within a specific geographic area. A
25 mitigation bank need not be able to offset all expected
26 impacts within its service area.
27 (b) The department and water management districts
28 shall use regional watersheds to guide the establishment of
29 mitigation service areas. Drainage basins established pursuant
30 to s. 373.414(8) may be used as regional watersheds when they
31 are established based on the hydrological or ecological
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2360
21-1553-03 See HB 1291
1 characteristics of the basin. A mitigation service area may
2 extend beyond the regional watershed in which the bank is
3 located into all or part of other regional watersheds when the
4 mitigation bank has the ability to offset adverse impacts
5 outside that regional watershed. Similarly, a mitigation
6 service area may be smaller than the regional watershed in
7 which the mitigation bank is located when adverse impacts
8 throughout the regional watershed cannot reasonably be
9 expected to be offset by the mitigation bank because of local
10 ecological or hydrological conditions.
11 (c) Once a mitigation bank service area has been
12 established by the department or a water management district
13 for a mitigation bank, such service area shall be accepted by
14 all water management districts, local governments, and the
15 department, and is not subject to cumulative impact analysis
16 on the release of credits to any qualified applicant.
17 (d) If the requirements in s. 373.414(1)(b) and (8)
18 are met, the following projects or activities regulated under
19 this part shall be eligible to use a mitigation bank,
20 regardless of whether they are located within the mitigation
21 service area:
22 1. Projects with adverse impacts partially located
23 within the mitigation service area.
24 2. Linear projects, such as roadways, transmission
25 lines, distribution lines, pipelines, or railways.
26 3. Projects with total adverse impacts of less than 1
27 acre in size.
28 Section 2. Paragraph (c) is added to subsection (8) of
29 section 373.414, Florida Statutes, to read:
30 373.414 Additional criteria for activities in surface
31 waters and wetlands.--
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2360
21-1553-03 See HB 1291
1 (8)
2 (c) If an applicant proposes mitigation within the
3 same mitigation service area as the adverse impacts to be
4 mitigated, the mitigation offsets these adverse impacts, and
5 the mitigation service area has been established as part of a
6 mitigation bank created and permitted pursuant to s. 373.4136,
7 the governing board and the department shall consider the
8 regulated activity to meet the cumulative impact requirements
9 of paragraph (a).
10 Section 3. This act shall take effect upon becoming a
11 law.
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