Florida Senate - 2024                                     SB 986
       
       
        
       By Senator Burton
       
       
       
       
       
       12-01241-24                                            2024986__
    1                        A bill to be entitled                      
    2         An act relating to the management and storage of
    3         surface waters; amending s. 373.406, F.S.; providing
    4         an exemption from surface water management and storage
    5         regulations for the implementation of certain measures
    6         and practices for environmental restoration,
    7         enhancement, and creation activities and water quality
    8         improvements on specified agricultural and government
    9         owned lands; specifying requirements for such measures
   10         and practices; deleting requirements relating to
   11         adverse impacts on water resources, certain
   12         notification by the department and water management
   13         districts, and commencement of activities; providing
   14         an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (9) of section 373.406, Florida
   19  Statutes, is amended to read:
   20         373.406 Exemptions.—The following exemptions shall apply:
   21         (9) Implementation of measures or practices for having the
   22  primary purpose of environmental restoration, enhancement, or
   23  creation activities or water quality improvements improvement on
   24  lands classified as agricultural pursuant to s. 193.461 or
   25  government-owned lands are exempt from regulation under this
   26  part where these measures or practices are determined by the
   27  district or department, on a case-by-case basis, to have minimal
   28  or insignificant individual and cumulative adverse impact on the
   29  water resources of the state.
   30         (a) The measures or practices may alter the topography of a
   31  tract of land, including activities and improvements that divert
   32  or impede the flow of water on the property or impact wetlands,
   33  if the activities or improvements result in a net increase in
   34  wetland resource functions. The activities or improvements must
   35  be implemented to result in a wetland habitat that resembles a
   36  wetland habitat that exists in the region, such as a herbaceous
   37  or forested wetland.
   38         (b) This exemption may not be used to establish a
   39  mitigation bank or offsite regional mitigation area pursuant to
   40  s. 373.4135 or s. 373.4136, as applicable The district or
   41  department shall provide written notification as to whether the
   42  proposed activity qualifies for the exemption within 30 days
   43  after receipt of a written notice requesting the exemption. No
   44  activity under this exemption shall commence until the district
   45  or department has provided written notice that the activity
   46  qualifies for the exemption.
   47         Section 2. This act shall take effect July 1, 2024.