Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 824
       
       
       
       
       
       
                                Barcode 415400                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/19/2012           .                                
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       The Committee on Transportation (Storms) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 217 - 226.
    4         Delete line 227
    5  and insert:
    6         Section 2. Present paragraphs (b) through (e) of subsection
    7  (1) of section 373.4135, Florida Statutes, are redesignated as
    8  paragraphs (c) through (f), respectively, and a new paragraph
    9  (b) is added to that subsection, to read:
   10         373.4135 Mitigation banks and offsite regional mitigation.—
   11         (1) The Legislature finds that the adverse impacts of
   12  activities regulated under this part may be offset by the
   13  creation, maintenance, and use of mitigation banks and offsite
   14  regional mitigation. Mitigation banks and offsite regional
   15  mitigation can enhance the certainty of mitigation and provide
   16  ecological value due to the improved likelihood of environmental
   17  success associated with their proper construction, maintenance,
   18  and management. Therefore, the department and the water
   19  management districts are directed to participate in and
   20  encourage the establishment of private and public mitigation
   21  banks and offsite regional mitigation. Mitigation banks and
   22  offsite regional mitigation should emphasize the restoration and
   23  enhancement of degraded ecosystems and the preservation of
   24  uplands and wetlands as intact ecosystems rather than alteration
   25  of landscapes to create wetlands. This is best accomplished
   26  through restoration of ecological communities that were
   27  historically present.
   28         (b) Notwithstanding subsection (5), a governmental entity
   29  may not create or provide mitigation for a project other than
   30  its own unless the governmental entity uses land that was not
   31  previously purchased for conservation and unless the
   32  governmental entity provides the same financial assurances as
   33  required for mitigation banks permitted under s. 373.4136 and
   34  regional offsite mitigation areas permitted under subsection
   35  (6). This paragraph does not apply to:
   36         1. Mitigation banks permitted before December 31, 2011,
   37  under s. 373.4136;
   38         2. Offsite regional mitigation areas established before
   39  December 31, 2011, under subsection (6);
   40         3. Mitigation for transportation projects under ss.
   41  373.4137 and 373.4139;
   42         4. Mitigation for impacts from mining activities under s.
   43  373.41492; or
   44         5. Mitigation provided for single-family lots or homeowners
   45  under subsection (6).
   46         Section 3. This act shall take effect upon becoming a law.
   47  
   48  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   49         And the directory clause is amended as follows:
   50         Delete lines 34 - 35
   51  and insert:
   52  Florida Statutes, are amended to read:
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55         And the title is amended as follows:
   56         Delete lines 2 - 3
   57  and insert:
   58         An act relating to mitigation; amending s. 373.4137,
   59         F.S.;
   60         Delete lines 26 - 28
   61  and insert:
   62         plan; amending s. 373.4135, F.S.; limiting the
   63         circumstances under which a governmental entity may
   64         create or provide mitigation for a project other than
   65         its own project; specifying certain exceptions;
   66         providing an effective date.