CS/HB 7177

1	A bill to be entitled
2	An act relating to water resources; amending s. 373.227,
3	F.S.; revising provisions of the comprehensive statewide
4	water conservation program to provide for a Conserve
5	Florida Clearinghouse and a Conserve Florida Clearinghouse
6	Guide to assist public water supply utilities in
7	developing goal-based water conservation plans to meet
8	water conservation requirements for obtaining consumptive
9	use permits; encouraging water management districts and
10	public water supply utilities to use the guide for water
11	conservation plans, reports, evaluations, and assessments;
12	revising requirements for goal-based water conservation
13	plans submitted by public water supply utilities as part
14	of consumptive use permit applications; deleting an
15	obsolete provision requiring the Department of
16	Environmental Protection to submit a report on the program
17	to the Governor, the Legislature, and substantive
18	legislative committees by a specified date; amending s.
19	298.66, F.S.; revising provisions prohibiting the
20	obstruction of certain drainage works; amending s.
21	373.0361, F.S.; providing for the inclusion of wastewater
22	utilities, reuse utilities, and the department in the
23	regional water supply planning process; amending s.
24	373.079, F.S.; revising provisions relating to the
25	authority of a water management district governing board
26	to employ an executive director, an inspector general,
27	professional persons, and personnel; revising provisions
28	authorizing a water management district governing board to
29	delegate certain authority to the executive director;
30	requiring the governing board to provide a process for
31	referring certain denials to the board for final action;
32	amending s. 373.083, F.S.; revising provisions authorizing
33	a water management district governing board to delegate
34	certain authority to the executive director; deleting a
35	provision prohibiting governing board members from
36	intervening in the review of certain applications;
37	amending s. 373.085, F.S.; requiring water management
38	districts and governmental agencies to encourage public-
39	private partnerships for procurement of materials for
40	infrastructure and restoration work projects; amending s.
41	373.118, F.S.; authorizing a water management district
42	governing board to delegate certain authority to the
43	executive director; requiring a water management district
44	governing board to provide a process for referring
45	application and petition denials to the board for final
46	action; exempting such delegations from rulemaking under
47	ch. 120; amending s. 373.236, F.S.; reducing the frequency
48	of compliance reports during the term of a consumptive use
49	permit; providing an exception; amending s. 373.250, F.S.;
50	requiring water management districts, in consultation with
51	the department, to adopt rules relating to reclaimed water
52	feasibility evaluations for consumptive use permit
53	applicants; providing rule requirements; encouraging reuse
54	utilities and water management districts to periodically
55	coordinate and share information relating to reclaimed
56	water; requiring water management districts to initiate
57	certain rulemaking by a specified date; amending s.
58	373.4135, F.S.; revising legislative intent relating to
59	rules of the department and water management districts
60	with respect to mitigation banks and offsite regional
61	mitigation; providing for specified entities to
62	voluntarily establish and operate certain mitigation
63	projects; providing that memoranda of agreement for such
64	projects are exempt from certain rule adoption; providing
65	an effective date.
66
67	Be It Enacted by the Legislature of the State of Florida:
68
69	Section 1.  Section 373.227, Florida Statutes, is amended
70	to read:
71	373.227  Water conservation; legislative findings;
72	legislative intent; objectives; comprehensive statewide water
73	conservation program requirements.-
74	(1)  The Legislature recognizes that the proper
75	conservation of water is an important means of achieving the
76	economical and efficient utilization of water necessary, in
77	part, to constitute a reasonable-beneficial use. The overall
78	water conservation goal of the state is to prevent and reduce
79	wasteful, uneconomical, impractical, or unreasonable use of
80	water resources. The Legislature finds that the social,
81	economic, and cultural conditions of the state relating to the
82	use of public water supply vary by service area and that public
83	water supply utilities must have the flexibility to tailor water
84	conservation measures to best suit their individual
85	circumstances. The Legislature encourages the use of efficient,
86	effective, and affordable water conservation measures. Where
87	water is provided by a public water supply utility, the
88	Legislature intends that a variety of conservation measures be
89	made available and used to encourage efficient water use. To
90	achieve these conservation objectives, the state should
91	emphasize goal-based, accountable, tailored, and measurable
92	water conservation programs for public water supply. For
93	purposes of this section, the term "public water supply utility"
94	includes both publicly owned and privately owned public water
95	supply utilities that sell potable water on a retail basis to
96	end users.
97	(2)  To implement the findings in subsection (1), the
98	department, in cooperation with the water management districts
99	and other stakeholders, shall develop a comprehensive statewide
100	water conservation program for public water supply. The program
101	should:
102	(a)  Encourage utilities to implement water conservation
103	programs that are economically efficient, effective, affordable,
104	and appropriate;
105	(b)  Allow no reduction in, and increase where possible,
106	utility-specific water conservation effectiveness over current
107	programs;
108	(c)  Be goal-based, accountable, measurable, and
109	implemented collaboratively with water suppliers, water users,
110	and water management agencies;
111	(d)  Include cost and benefit data on individual water
112	conservation practices to assist in tailoring practices to be
113	effective for the unique characteristics of particular utility
114	service areas, focusing upon cost-effective measures;
115	(e)  Use standardized public water supply conservation
116	definitions and standardized quantitative and qualitative
117	performance measures for an overall system of assessing and
118	benchmarking the effectiveness of water conservation programs
119	and practices;
120	(f)  Create a Conserve Florida Clearinghouse or inventory
121	for water conservation programs and practices available to
122	public water supply utilities which will provide an integrated
123	statewide database for the collection, evaluation, and
124	dissemination of quantitative and qualitative information on
125	public water supply conservation programs and practices and
126	their effectiveness. The clearinghouse or inventory should have
127	technical assistance capabilities to aid in the design,
128	refinement, and implementation of water conservation programs
129	and practices. The clearinghouse or inventory shall also provide
130	for continual assessment of the effectiveness of water
131	conservation programs and practices;
132	(g)  Develop a standardized water conservation planning
133	process for utilities; and
134	(h)  Develop and maintain a Florida-specific Conserve
135	Florida Clearinghouse Guide water conservation guidance document
136	containing a menu of affordable and effective water conservation
137	practices to assist public water supply utilities in the design
138	and implementation of goal-based, utility-specific water
139	conservation plans tailored for their individual service areas
140	as provided in subsection (5) (4).
141	(3)  The Conserve Florida Clearinghouse Guide is recognized
142	as an appropriate tool to assist public water supply utilities
143	in developing goal-based water conservation plans to meet the
144	water conservation requirements for obtaining consumptive use
145	permits. Water management districts and public water supply
146	utilities are encouraged to use the guide in developing water
147	conservation plans, reporting on the implementation of water
148	conservation practices and measures included in consumptive use
149	permits, evaluating proposals for financial cost sharing of
150	water conservation activities, and assessing the effectiveness
151	of water conservation projects.
152	(4)(3)  Regarding the use of water conservation or drought
153	rate structures as a conservation practice, a water management
154	district shall afford a public water supply utility wide
155	latitude in selecting a rate structure and shall limit its
156	review to whether the utility has provided reasonable assurance
157	that the rate structure contains a schedule of rates designed to
158	promote efficient use of water by providing economic incentives.
159	A water management district shall not fix or revise rates.
160	(5)(4)  As part of an application for a consumptive use
161	permit, a public water supply utility may propose a goal-based
162	water conservation plan that is tailored to its individual
163	circumstances as a partial or entire alternative to the water
164	conservation requirements adopted by the appropriate water
165	management district. The public water supply utility is
166	encouraged, but not required, to use the Conserve Florida
167	Clearinghouse Guide in developing its goal-based water
168	conservation plan. The plan shall include a schedule for
169	implementing the water conservation goal or goals. The plan must
170	include a means for measuring progress towards the water
171	conservation goal or goals must be measurable.
172	(6)  If a public water supply utility elects to develop a
173	goal-based water conservation plan, the utility shall submit the
174	goal or goals and the plan to the appropriate water management
175	district. The plan must be designed to achieve the water
176	conservation goal or goals approved by the district in a cost-
177	effective manner, considering the utility's customers, service
178	area, and other individual circumstances of the utility. The
179	water management district shall review the goal or goals and
180	approve them if they are consistent with s. 373.223(1) and
181	approve the plan if it meets the requirements of this section.
182	If the utility provides reasonable assurance that the plan will
183	achieve effective water conservation at least as well as the
184	water conservation requirements adopted by the appropriate water
185	management district and is otherwise consistent with s. 373.223,
186	the district must approve the plan which shall satisfy water
187	conservation requirements imposed as a condition of obtaining a
188	consumptive use permit. The conservation measures included in an
189	approved goal-based water conservation plan may be reviewed
190	periodically and updated as needed to ensure efficient water use
191	for the duration of the permit. If the plan fails to meet the
192	water conservation goal or goals by the timeframes specified in
193	the permit, the public water supply utility shall revise the
194	plan to address the deficiency or employ the water conservation
195	requirements that would otherwise apply in the absence of an
196	approved goal-based plan.
197	(5)  By December 1, 2005, the department shall submit a
198	written report to the President of the Senate, the Speaker of
199	the House of Representatives, and the appropriate substantive
200	committees of the Senate and the House of Representatives on the
201	progress made in implementing the comprehensive statewide water
202	conservation program for public water supply required by this
203	section. The report must include any statutory changes and
204	funding requests necessary for the continued development and
205	implementation of the program.
206	(7)(6)  The department or a water management district may
207	adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out
208	the purposes of this section.
209	Section 2.  Section 298.66, Florida Statutes, is amended to
210	read:
211	298.66  Obstruction of drainage canals, etc., prohibited;
212	damages; penalties.-
213	(1)  A No person may not willfully, or otherwise, obstruct
214	any public canal, drain, ditch, or watercourse or damage or
215	destroy any public drainage works constructed in or maintained
216	by any district.
217	(2)(1)  Any person who shall willfully obstructs obstruct
218	any public canal, drain, ditch or watercourse or damages or
219	destroys shall damage or destroy any public drainage works
220	constructed in or maintained by any district is, shall be liable
221	to any person injured thereby for the full amount of the injury
222	occasioned to any land or crops or other property by reason of
223	such misconduct, and is shall be liable to the district
224	constructing the drainage said work for double the cost of
225	removing the such obstruction or repairing the such damage.
226	(3)(2)  Any person who Whoever shall willfully, or
227	otherwise, obstructs obstruct any public canal, drain, ditch, or
228	watercourse, impedes or obstructs impede or obstruct the flow of
229	water therein, or damages or destroys shall damage or destroy
230	any public drainage works constructed in or maintained by any
231	district commits shall be guilty of a felony of the third
232	degree, punishable as provided in s. 775.082, s. 775.083, or s.
233	775.084.
234	Section 3.  Subsection (1) of section 373.0361, Florida
235	Statutes, is amended to read:
236	373.0361  Regional water supply planning.-
237	(1)  The governing board of each water management district
238	shall conduct water supply planning for any water supply
239	planning region within the district identified in the
240	appropriate district water supply plan under s. 373.036, where
241	it determines that existing sources of water are not adequate to
242	supply water for all existing and future reasonable-beneficial
243	uses and to sustain the water resources and related natural
244	systems for the planning period. The planning must be conducted
245	in an open public process, in coordination and cooperation with
246	local governments, regional water supply authorities,
247	government-owned and privately owned water and wastewater
248	utilities, multijurisdictional water supply entities, self-
249	suppliers, reuse utilities, the department, and other affected
250	and interested parties. The districts shall actively engage in
251	public education and outreach to all affected local entities and
252	their officials, as well as members of the public, in the
253	planning process and in seeking input. During preparation, but
254	prior to completion of the regional water supply plan, the
255	district must conduct at least one public workshop to discuss
256	the technical data and modeling tools anticipated to be used to
257	support the regional water supply plan. The district shall also
258	hold several public meetings to communicate the status, overall
259	conceptual intent, and impacts of the plan on existing and
260	future reasonable-beneficial uses and related natural systems.
261	During the planning process, a local government may choose to
262	prepare its own water supply assessment to determine if existing
263	water sources are adequate to meet existing and projected
264	reasonable-beneficial needs of the local government while
265	sustaining water resources and related natural systems. The
266	local government shall submit such assessment, including the
267	data and methodology used, to the district. The district shall
268	consider the local government's assessment during the formation
269	of the plan. A determination by the governing board that
270	initiation of a regional water supply plan for a specific
271	planning region is not needed pursuant to this section shall be
272	subject to s. 120.569. The governing board shall reevaluate such
273	a determination at least once every 5 years and shall initiate a
274	regional water supply plan, if needed, pursuant to this
275	subsection.
276	Section 4.  Subsection (4) of section 373.079, Florida
277	Statutes, is amended to read:
278	373.079  Members of governing board; oath of office;
279	staff.-
280	(4)(a)  The governing board of the district shall is
281	authorized to employ:
282	(a)  An executive director, ombudsman, and such engineers,
283	other professional persons, and other personnel and assistants
284	as it deems necessary and under such terms and conditions as it
285	may determine and to terminate such employment. The appointment
286	of an executive director by the governing board is subject to
287	approval by the Governor and must be initially confirmed by the
288	Florida Senate. The governing board may delegate all or part of
289	its authority under this paragraph to the executive director.
290	However, the governing board shall delegate to the executive
291	director all of its authority to take final action on permit
292	applications under part II or part IV or petitions for variances
293	or waivers of permitting requirements under part II or part IV,
294	except for denials of such actions as provided in s. 373.083(5).
295	The executive director may execute such delegated authority
296	through designated staff members. Such delegations shall not be
297	subject to the rulemaking requirements of chapter 120. The
298	governing board must provide a process for referring a denial of
299	such application or petition to the governing board for the
300	purpose of taking final action. The executive director must be
301	confirmed by the Senate upon employment and must be confirmed or
302	reconfirmed by the Senate during the second regular session of
303	the Legislature following a gubernatorial election.
304	(b)1.  The governing board of each water management
305	district shall employ An inspector general, who shall report
306	directly to the board. However, the governing boards of the
307	Suwannee River Water Management District and the Northwest
308	Florida Water Management District may jointly employ an
309	inspector general, or provide for inspector general services by
310	interagency agreement with a state agency or water management
311	district inspector general.
312	2.  An inspector general must have the same qualifications
313	prescribed and perform the applicable duties of state agency
314	inspectors general as provided in s. 20.055.
315	Section 5.  Subsection (5) of section 373.083, Florida
316	Statutes, is amended to read:
317	373.083  General powers and duties of the governing board.-
318	In addition to other powers and duties allowed it by law, the
319	governing board is authorized to:
320	(5)  Execute any of the powers, duties, and functions
321	vested in the governing board through a member or members
322	thereof, the executive director, or other district staff as
323	designated by the governing board. The governing board may
324	establish the scope and terms of any delegation. However, if the
325	governing board delegates shall delegate to the executive
326	director all of its authority to take final action on permit
327	applications under part II or part IV or petitions for variances
328	or waivers of permitting requirements under part II or part IV,
329	and the executive director may execute such delegated authority
330	through designated staff. Such delegations shall not be subject
331	to the rulemaking requirements of chapter 120. However, the
332	governing board must shall provide a process for referring a any
333	denial of such application or petition to the governing board
334	for the purpose of taking to take final action. Such process
335	shall expressly prohibit any member of a governing board from
336	intervening in any manner during the review of an application
337	prior to such application being referred to the governing board
338	for final action. The authority to delegate under in this
339	subsection is supplemental to any other provision of this
340	chapter granting authority to the governing board to delegate
341	specific powers, duties, or functions.
342	Section 6.  Subsection (1) of section 373.085, Florida
343	Statutes, is amended to read:
344	373.085  Use of works or land by other districts or private
345	persons.-
346	(1)(a)  In order to promote water quantity and water
347	resource development, projects that improve flood control, and
348	conservation of lands, the district and other governmental
349	agencies shall encourage public-private partnerships by
350	collaborating, when possible, with those partnerships when
351	procuring materials for infrastructure and restoration work
352	projects.
353	(b)  The governing board has authority to prescribe the
354	manner in which local works provided by other districts or by
355	private persons will connect with and make use of the works or
356	land of the district, to issue permits therefor, and to cancel
357	the permits for noncompliance with the conditions thereof or for
358	other cause. It is unlawful to connect with or make use of the
359	works or land of the district without consent in writing from
360	its governing board, and the board has authority to prevent or,
361	if done, estop or terminate the same. The use of the works or
362	land of the district for access is governed by this section and
363	is not subject to the provisions of s. 704.01. However, any land
364	or works of the district which have historically been used for
365	public access to the ocean by means of the North New River Canal
366	and its tributaries may not be closed for this purpose unless
367	the district can demonstrate that significant harm to the
368	resource would result from such public use.
369	Section 7.  Subsection (5) is added to section 373.118,
370	Florida Statutes, to read:
371	373.118  General permits; delegation.-
372	(5)  To improve efficiency, the governing board may
373	delegate its powers and duties pertaining to general permits to
374	the executive director. The executive director may execute such
375	delegated authority through designated staff. However, when
376	delegating the authority to take final action on permit
377	applications under part II or petitions for variances or waivers
378	of permitting requirements under part II, the governing board
379	must provide a process for referring a denial of such
380	application or petition to the governing board for the purpose
381	of taking final action. Such delegations shall not be subject to
382	the rulemaking requirements of chapter 120.
383	Section 8.  Subsection (4) of section 373.236, Florida
384	Statutes, is amended to read:
385	373.236  Duration of permits; compliance reports.-
386	(4)  Where necessary to maintain reasonable assurance that
387	the conditions for issuance of a 20-year permit can continue to
388	be met, the governing board or department, in addition to any
389	conditions required pursuant to s. 373.219, may require a
390	compliance report by the permittee every 10 5 years during the
391	term of a permit. The Suwannee River Water Management District
392	may require a compliance report by the permittee every 5 years
393	through July 1, 2015, and thereafter every 10 years during the
394	term of the permit. This report shall contain sufficient data to
395	maintain reasonable assurance that the initial conditions for
396	permit issuance are met. Following review of this report, the
397	governing board or the department may modify the permit to
398	ensure that the use meets the conditions for issuance. Permit
399	modifications pursuant to this subsection shall not be subject
400	to competing applications, provided there is no increase in the
401	permitted allocation or permit duration, and no change in
402	source, except for changes in source requested by the district.
403	This subsection shall not be construed to limit the existing
404	authority of the department or the governing board to modify or
405	revoke a consumptive use permit.
406	Section 9.  Paragraphs (c) and (d) are added to subsection
407	(3) of section 373.250, Florida Statutes, subsections (4) and
408	(5) of that section are renumbered as subsections (5) and (6),
409	respectively, and a new subsection (4) is added to that section,
410	to read:
411	373.250  Reuse of reclaimed water.-
412	(3)  The water management district shall, in consultation
413	with the department, adopt rules to implement this section. Such
414	rules shall include, but not be limited to:
415	(c)  Provisions to require permit applicants to provide, as
416	part of their reclaimed water feasibility evaluation for a
417	nonpotable use, written documentation from a reuse utility
418	addressing the availability of reclaimed water. This requirement
419	shall apply when the applicant's proposed use is within an area
420	that is or may be served with reclaimed water by a reuse utility
421	within a 5-year horizon, as established by the reuse utility and
422	provided to the district. If the applicable reuse utility fails
423	to respond or does not provide the information required under
424	paragraph (d) within 30 days after receipt of the request, the
425	applicant shall provide to the district a copy of the written
426	request and a statement that the utility failed to provide the
427	requested information. The district is not required to adopt, by
428	rule, the area where written documentation from a reuse utility
429	is required, but the district shall publish the area, and any
430	updates thereto, on the district's website. This paragraph may
431	not be construed to limit the ability of a district to require
432	the use of reclaimed water or to limit a utility's ability to
433	plan reclaimed water infrastructure.
434	(d)  Provisions specifying the content of the documentation
435	required in paragraph (c), including sufficient information
436	regarding the availability and costs associated with the
437	connection to and the use of reclaimed water, to facilitate the
438	permit applicant's reclaimed water feasibility evaluation.
439	(4)  Reuse utilities and the applicable water management
440	district or districts are encouraged to periodically coordinate
441	and share information concerning the status of reclaimed water
442	distribution system construction, the availability of reclaimed
443	water supplies, and existing consumptive use permits in areas
444	served by the reuse utility.
445	Section 10.  The water management districts shall initiate
446	rulemaking no later than July 1, 2011, to implement the
447	requirements of s. 373.250(3)(c) and (d), Florida Statutes, as
448	created by this act.
449	Section 11.  Paragraph (b) of subsection (1) and subsection
450	(6) of section 373.4135, Florida Statutes, are amended to read:
451	373.4135  Mitigation banks and offsite regional
452	mitigation.-
453	(1)  The Legislature finds that the adverse impacts of
454	activities regulated under this part may be offset by the
455	creation, maintenance, and use of mitigation banks and offsite
456	regional mitigation. Mitigation banks and offsite regional
457	mitigation can enhance the certainty of mitigation and provide
458	ecological value due to the improved likelihood of environmental
459	success associated with their proper construction, maintenance,
460	and management. Therefore, the department and the water
461	management districts are directed to participate in and
462	encourage the establishment of private and public mitigation
463	banks and offsite regional mitigation. Mitigation banks and
464	offsite regional mitigation should emphasize the restoration and
465	enhancement of degraded ecosystems and the preservation of
466	uplands and wetlands as intact ecosystems rather than alteration
467	of landscapes to create wetlands. This is best accomplished
468	through restoration of ecological communities that were
469	historically present.
470	(b)  It is the further intent of the Legislature that the
471	rules of the department and the water management districts
472	consider mitigation banks and offsite regional mitigation to be
473	considered appropriate and a permittable mitigation; that the
474	rules of the department and the water management districts
475	regarding the use of mitigation banks be consistent with the
476	provisions of 33 C.F.R. s. 332.3(b), recognizing and not
477	superseding other specific mitigation provisions of this part,
478	such as the provisions of s. 373.414(6), the provisions of
479	chapter 378, and mitigation projects or programs set forth in
480	existing permits, while also recognizing circumstances unique to
481	activities within the state; and that such rules not require the
482	user of a mitigation bank to demonstrate that onsite mitigation
483	is not expected to have comparable long-term viability as a
484	mitigation bank or to demonstrate that use of a mitigation bank
485	would provide greater improvement in ecological value than
486	onsite mitigation option under the conditions specified by the
487	rules of the department and water management districts.
488	(6)  An environmental creation, preservation, enhancement,
489	or restoration project, including regional offsite mitigation
490	areas, for which money is donated or paid as mitigation, that is
491	sponsored by the department, a water management district, or a
492	local government and provides mitigation for five or more
493	applicants for permits under this part, or for 35 or more acres
494	of adverse impacts, shall be established and operated under a
495	memorandum of agreement. The memorandum of agreement shall be
496	between the governmental entity proposing the mitigation project
497	and the department or water management district, as appropriate.
498	Such memorandum of agreement need not be adopted by rule. For
499	the purposes of this subsection, one creation, preservation,
500	enhancement, or restoration project shall mean one or more
501	parcels of land with similar ecological communities that are
502	intended to be created, preserved, enhanced, or restored under a
503	common scheme. A not-for-profit private entity that undertakes a
504	mitigation project as described in this subsection may
505	voluntarily elect to establish and operate such mitigation
506	project under a memorandum of agreement with the department or
507	water management district. Such memorandum of agreement need not
508	be adopted by rule.
509	(a)  For any ongoing creation, preservation, enhancement,
510	or restoration project and regional offsite mitigation area
511	sponsored by the department, a water management district, or a
512	local government, for which money was or is paid as mitigation,
513	that was begun prior to the effective date of this subsection
514	and has operated as of the effective date of this subsection, or
515	is anticipated to operate, in excess of the mitigation
516	thresholds provided in this subsection, the governmental entity
517	sponsoring such project shall submit a draft memorandum of
518	agreement to the water management district or department by
519	October 1, 2000. The governmental entity sponsoring such project
520	shall make reasonable efforts to obtain the final signed
521	memorandum of agreement within 1 year after such submittal. The
522	governmental entity sponsoring such project may continue to
523	receive moneys donated or paid toward the project as mitigation,
524	provided the requirements of this paragraph are met.
525	(b)  The memorandum of agreement shall establish criteria
526	that each environmental creation, preservation, enhancement, or
527	restoration project must meet. These criteria must address the
528	elements listed in paragraph (c). The entity sponsoring such
529	project, or category of projects, shall submit documentation or
530	other evidence to the water management district or department
531	that the project meets, or individual projects within a category
532	meet, the specified criteria.
533	(c)  At a minimum, the memorandum of agreement must address
534	the following for each project authorized:
535	1.  A description of the work that will be conducted on the
536	site and a timeline for completion of such work.
537	2.  A timeline for obtaining any required environmental
538	resource permit.
539	3.  The environmental success criteria that the project
540	must achieve.
541	4.  The monitoring and long-term management requirements
542	that must be undertaken for the project.
543	5.  An assessment of the project in accordance with s.
544	373.4136(4)(a)-(i), until the adoption of the uniform wetland
545	mitigation assessment method pursuant to s. 373.414(18).
546	6.  A designation of the entity responsible for the
547	successful completion of the mitigation work.
548	7.  A definition of the geographic area where the project
549	may be used as mitigation established using the criteria of s.
550	373.4136(6).
551	8.  Full cost accounting of the project, including annual
552	review and adjustment.
553	9.  Provision and a timetable for the acquisition of any
554	lands necessary for the project.
555	10.  Provision for preservation of the site.
556	11.  Provision for application of all moneys received
557	solely to the project for which they were collected.
558	12.  Provision for termination of the agreement and
559	cessation of use of the project as mitigation if any material
560	contingency of the agreement has failed to occur.
561	(d)  A single memorandum of understanding may authorize
562	more than one environmental creation, preservation, enhancement,
563	or restoration project, or category of projects, as long as the
564	elements listed in paragraph (c) are addressed for each project.
565	(e)  Projects governed by this subsection, except for
566	projects established pursuant to subsection (7), shall be
567	subject to the provisions of s. 373.414(1)(b)1.
568	(f)  The provisions of this subsection shall not apply to
569	mitigation areas established to implement the provisions of s.
570	373.4137.
571	(g)  The provisions of this subsection shall not apply when
572	the department, water management district, or local government
573	establishes, or contracts with a private entity to establish, a
574	mitigation bank permitted under s. 373.4136. The provisions of
575	this subsection shall not apply to other entities that establish
576	offsite regional mitigation as defined in this section and s.
577	373.403.
578	Section 12.  This act shall take effect July 1, 2010.

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