Florida Senate - 2024                                     SB 836
       
       
        
       By Senator Simon
       
       
       
       
       
       3-01548-24                                             2024836__
    1                        A bill to be entitled                      
    2         An act relating to mitigation areas and assessments;
    3         amending s. 373.414, F.S.; specifying conditions under
    4         which the degree of risk may not be considered when a
    5         uniform mitigation assessment method is being applied;
    6         providing that certain encumbrances of real property
    7         may not be required for mitigation areas that meet
    8         specified criteria; providing an exception; providing
    9         an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (18) of section 373.414, Florida
   14  Statutes, is amended, and subsection (20) is added to that
   15  section, to read:
   16         373.414 Additional criteria for activities in surface
   17  waters and wetlands.—
   18         (18) The department and each water management district
   19  responsible for implementation of the environmental resource
   20  permitting program shall develop a uniform mitigation assessment
   21  method for wetlands and other surface waters. The department
   22  shall adopt the uniform mitigation assessment method by rule no
   23  later than July 31, 2002. The rule shall provide an exclusive
   24  and consistent process for determining the amount of mitigation
   25  required to offset impacts to wetlands and other surface waters,
   26  and, once effective, shall supersede all rules, ordinances, and
   27  variance procedures from ordinances that determine the amount of
   28  mitigation needed to offset such impacts. Once the department
   29  adopts the uniform mitigation assessment method by rule, the
   30  uniform mitigation assessment method shall be binding on the
   31  department, the water management districts, local governments,
   32  and any other governmental agencies and shall be the sole means
   33  to determine the amount of mitigation needed to offset adverse
   34  impacts to wetlands and other surface waters and to award and
   35  deduct mitigation bank credits. A water management district and
   36  any other governmental agency subject to chapter 120 may apply
   37  the uniform mitigation assessment method without the need to
   38  adopt it pursuant to s. 120.54. It shall be a goal of the
   39  department and water management districts that the uniform
   40  mitigation assessment method developed be practicable for use
   41  within the timeframes provided in the permitting process and
   42  result in a consistent process for determining mitigation
   43  requirements. It shall be recognized that any such method shall
   44  require the application of reasonable scientific judgment. The
   45  uniform mitigation assessment method must determine the value of
   46  functions provided by wetlands and other surface waters
   47  considering the current conditions of these areas, utilization
   48  by fish and wildlife, location, uniqueness, and hydrologic
   49  connection, and, when applied to mitigation banks, the factors
   50  listed in s. 373.4136(4). The uniform mitigation assessment
   51  method shall also account for the expected time-lag associated
   52  with offsetting impacts and the degree of risk associated with
   53  the proposed mitigation; provided, however, that if financial
   54  responsibility for mitigation is provided by one of the
   55  mechanisms listed in subparagraphs (19)(b)1.-6., the degree of
   56  risk may not be considered. The uniform mitigation assessment
   57  method shall account for different ecological communities in
   58  different areas of the state. In developing the uniform
   59  mitigation assessment method, the department and water
   60  management districts shall consult with approved local programs
   61  under s. 403.182 which have an established mitigation program
   62  for wetlands or other surface waters. The department and water
   63  management districts shall consider the recommendations
   64  submitted by such approved local programs, including any
   65  recommendations relating to the adoption by the department and
   66  water management districts of any uniform mitigation methodology
   67  that has been adopted and used by an approved local program in
   68  its established mitigation program for wetlands or other surface
   69  waters. Environmental resource permitting rules may establish
   70  categories of permits or thresholds for minor impacts under
   71  which the use of the uniform mitigation assessment method will
   72  not be required. The application of the uniform mitigation
   73  assessment method is not subject to s. 70.001. In the event the
   74  rule establishing the uniform mitigation assessment method is
   75  deemed to be invalid, the applicable rules related to
   76  establishing needed mitigation in existence prior to the
   77  adoption of the uniform mitigation assessment method, including
   78  those adopted by a county which is an approved local program
   79  under s. 403.182, and the method described in paragraph (b) for
   80  existing mitigation banks, shall be authorized for use by the
   81  department, water management districts, local governments, and
   82  other state agencies.
   83         (a) In developing the uniform mitigation assessment method,
   84  the department shall seek input from the United States Army
   85  Corps of Engineers in order to promote consistency in the
   86  mitigation assessment methods used by the state and federal
   87  permitting programs.
   88         (b) An entity which has received a mitigation bank permit
   89  prior to the adoption of the uniform mitigation assessment
   90  method shall have impact sites assessed, for the purpose of
   91  deducting bank credits, using the credit assessment method,
   92  including any functional assessment methodology, which was in
   93  place when the bank was permitted; unless the entity elects to
   94  have its credits redetermined, and thereafter have its credits
   95  deducted, using the uniform mitigation assessment method.
   96         (20)For mitigation areas created pursuant to permits
   97  issued under this section after January 1, 2022, and for which
   98  mitigation has not been determined to be successful by the
   99  department or water management districts as of July 1, 2024, the
  100  following applies:
  101         (a)No conservation easement or other similar form of
  102  encumbrance of real property may be required as a condition of
  103  approval of the permit or mitigation plan; and
  104         (b)The mitigation credits attributable to the mitigation
  105  area will be determined without regard to the presence or
  106  absence of a conservation easement or other similar form of
  107  encumbrance of real property.
  108  
  109  This subsection does not apply to any mitigation bank permitted
  110  under s. 373.4136.
  111         Section 2. This act shall take effect July 1, 2024.