Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 824
       
       
       
       
       
       
                                Barcode 613082                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/09/2012 04:59 PM       .                                
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       Senator Dean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 33 and 34
    4  insert:
    5         Section 1. Paragraph (d) of subsection (6) of section
    6  373.4136, Florida Statutes, is amended to read:
    7         373.4136 Establishment and operation of mitigation banks.—
    8         (6) MITIGATION SERVICE AREA.—The department or water
    9  management district shall establish a mitigation service area
   10  for each mitigation bank permit. The department or water
   11  management district shall notify and consider comments received
   12  on the proposed mitigation service area from each local
   13  government within the proposed mitigation service area. Except
   14  as provided herein, mitigation credits may be withdrawn and used
   15  only to offset adverse impacts in the mitigation service area.
   16  The boundaries of the mitigation service area shall depend upon
   17  the geographic area where the mitigation bank could reasonably
   18  be expected to offset adverse impacts. Mitigation service areas
   19  may overlap, and mitigation service areas for two or more
   20  mitigation banks may be approved for a regional watershed.
   21         (d) If the requirements in s. 373.414(1)(b) and (8) are
   22  met, the following projects or activities regulated under this
   23  part shall be eligible to use a mitigation bank, regardless of
   24  whether they are located within the mitigation service area:
   25         1. Projects with adverse impacts partially located within
   26  the mitigation service area.
   27         2. Linear projects, such as roadways, transmission lines,
   28  distribution lines, pipelines, or railways, or seaports listed
   29  in s. 311.09(1).
   30         3. Projects with total adverse impacts of less than 1 acre
   31  in size.
   32  
   33  ================= T I T L E  A M E N D M E N T ================
   34         And the title is amended as follows:
   35         Delete line 2
   36  and insert:
   37         An act relating to mitigation; amending s. 373.4136,
   38         F.S.; authorizing certain seaport projects to use a
   39         mitigation bank; amending s. 373.4137,