Florida Senate - 2019                                     SB 532
       By Senator Lee
       20-00416A-19                                           2019532__
    1                        A bill to be entitled                      
    2         An act relating to wetland mitigation; amending s.
    3         373.4135, F.S.; revising the conditions under which a
    4         governmental entity may create or provide mitigation
    5         for a project other than its own under certain
    6         circumstances; providing an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Paragraph (b) of subsection (1) of section
   11  373.4135, Florida Statutes, is amended to read:
   12         373.4135 Mitigation banks and offsite regional mitigation.—
   13         (1) The Legislature finds that the adverse impacts of
   14  activities regulated under this part may be offset by the
   15  creation, maintenance, and use of mitigation banks and offsite
   16  regional mitigation. Mitigation banks and offsite regional
   17  mitigation can enhance the certainty of mitigation and provide
   18  ecological value due to the improved likelihood of environmental
   19  success associated with their proper construction, maintenance,
   20  and management. Therefore, the department and the water
   21  management districts are directed to participate in and
   22  encourage the establishment of private and public mitigation
   23  banks and offsite regional mitigation. Mitigation banks and
   24  offsite regional mitigation should emphasize the restoration and
   25  enhancement of degraded ecosystems and the preservation of
   26  uplands and wetlands as intact ecosystems rather than alteration
   27  of landscapes to create wetlands. This is best accomplished
   28  through restoration of ecological communities that were
   29  historically present.
   30         (b) Notwithstanding the provisions of this section, A
   31  governmental entity may not create or provide mitigation for a
   32  project other than its own if the mitigation credits available
   33  from such mitigation are only sold or used when alternative
   34  mitigation credits are not available from a unless the
   35  governmental entity uses land that was not previously purchased
   36  for conservation and unless the governmental entity provides the
   37  same financial assurances as required for mitigation bank banks
   38  permitted under s. 373.4136, as determined by the department or
   39  water management district. The restrictions in this paragraph do
   40  does not apply to:
   41         1. Mitigation banks permitted before December 31, 2011,
   42  under s. 373.4136;
   43         2. Offsite regional mitigation areas established before
   44  December 31, 2011, under subsection (6);
   45         3. Mitigation for transportation projects under ss.
   46  373.4137 and 373.4139;
   47         4. Mitigation for impacts from mining activities under s.
   48  373.41492;
   49         5. Mitigation provided for single-family lots or homeowners
   50  under subsection (7);
   51         6. Entities authorized in chapter 98-492, Laws of Florida;
   52         7. Mitigation provided for electric utility impacts
   53  certified under part II of chapter 403; or
   54         8. Mitigation provided on sovereign submerged lands under
   55  subsection (6).
   56         Section 2. This act shall take effect July 1, 2019.