Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 848
       
       
       
       
       
       
                                Ì4538626Î453862                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/13/2026           .                                
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       The Committee on Environment and Natural Resources (Truenow)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (4) through (21) and (22)
    6  through (28) of section 373.019, Florida Statutes, are
    7  redesignated as subsections (5) through (22) and (24) through
    8  (30), respectively, and new subsections (4) and (23) are added
    9  to that section, to read:
   10         373.019 Definitions.—When appearing in this chapter or in
   11  any rule, regulation, or order adopted pursuant thereto, the
   12  term:
   13         (4) “Compensating stormwater treatment” means a method of
   14  stormwater treatment for discharges from more than two parcels,
   15  implemented in accordance with the conditions established in s.
   16  373.4134.
   17         (23)“Total land area” means land holdings under common
   18  ownership which are contiguous, or land holdings served by
   19  common surface water management facilities.
   20         Section 2. Present paragraphs (d) through (g) of subsection
   21  (3) of section 373.4134, Florida Statutes, are redesignated as
   22  paragraphs (e) through (h), respectively, a new paragraph (d) is
   23  added to that subsection, and paragraph (e) of subsection (1)
   24  and subsection (9) of that section are amended, to read:
   25         373.4134 Water quality enhancement areas.—
   26         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   27  that:
   28         (e) Water quality enhancement areas that provide water
   29  quality enhancement credits to applicants seeking permits under
   30  ss. 373.403-373.443 and to governmental entities seeking to meet
   31  an assigned basin management action plan allocation or
   32  reasonable assurance plan under s. 403.067 are considered an
   33  appropriate and permittable option. The use of an enhancement
   34  credit as specified herein transfers the legal responsibility
   35  for complying with the applicable regulatory water quality
   36  treatment requirement from the purchaser and user of such
   37  enhancement credit to the generator of such enhancement credit.
   38  The transfer of legal responsibility for complying with
   39  applicable regulatory water quality treatment requirements does
   40  not occur outside of the use of enhancement credits.
   41         (3) WATER QUALITY ENHANCEMENT AREAS.—
   42         (d)Compensating stormwater treatment must comply with this
   43  section unless:
   44         1.The treatment and discharging parcels are owned,
   45  operated, and maintained by the same entity; or
   46         2.The area providing compensating stormwater treatment
   47  receives stormwater discharge directly from parcels within the
   48  total land area and treats the discharge before such discharge
   49  flows off the parcel on which the compensating stormwater
   50  treatment occurs.
   51         (9) RULES.—The department shall adopt rules to implement
   52  this section. Pending the adoption of rules to implement this
   53  section, entities may apply for a water quality enhancement area
   54  provisional permit. The department must issue a water quality
   55  enhancement area provisional permit in response to such
   56  application if the applicant meets the statutory criteria of
   57  this section. The department shall allow the use of such
   58  enhancement credits from a water quality enhancement area
   59  established under a provisional permit as provided in this
   60  section and subject to compliance with s. 373.4134.
   61  Notwithstanding any other provision of law or rule, a water
   62  management district issuing an environmental resources permit to
   63  applicants seeking to satisfy environmental resources permit
   64  performance standards must allow such applicants to use
   65  enhancement credits if the department has issued a provisional
   66  permit for the water quality enhancement area from which the
   67  enhancement credits are generated. After the department adopts
   68  rules to implement this section, the department may modify an
   69  issued water quality enhancement area provisional permit to
   70  conform such permit to such adopted rules. Any enhancement
   71  credit used from a water quality enhancement area established
   72  pursuant to a provisional permit must continue to be recognized
   73  by the department and water management districts without change,
   74  regardless of whether the provisional permit is subsequently
   75  modified to conform to the adopted This section may not be
   76  implemented until the department adopts such rules.
   77         Section 3. Paragraph (b) of subsection (1) of section
   78  373.414, Florida Statutes, is amended to read:
   79         373.414 Additional criteria for activities in surface
   80  waters and wetlands.—
   81         (1) As part of an applicant’s demonstration that an
   82  activity regulated under this part will not be harmful to the
   83  water resources or will not be inconsistent with the overall
   84  objectives of the district, the governing board or the
   85  department shall require the applicant to provide reasonable
   86  assurance that state water quality standards applicable to
   87  waters as defined in s. 403.031 will not be violated and
   88  reasonable assurance that such activity in, on, or over surface
   89  waters or wetlands, as delineated in s. 373.421(1), is not
   90  contrary to the public interest. However, if such an activity
   91  significantly degrades or is within an Outstanding Florida
   92  Water, as provided by department rule, the applicant must
   93  provide reasonable assurance that the proposed activity will be
   94  clearly in the public interest.
   95         (b) If the applicant is unable to otherwise meet the
   96  criteria set forth in this subsection, the governing board or
   97  the department, in deciding to grant or deny a permit, must
   98  consider measures proposed by or acceptable to the applicant to
   99  mitigate adverse effects that may be caused by the regulated
  100  activity. Such measures may include, but are not limited to,
  101  onsite mitigation, offsite mitigation, offsite regional
  102  mitigation, and the purchase of mitigation credits from
  103  mitigation banks permitted under s. 373.4136. It is the
  104  responsibility of the applicant to choose the form of
  105  mitigation. The mitigation must offset the adverse effects
  106  caused by the regulated activity.
  107         1. The department or water management districts may accept
  108  the donation of money as mitigation only where the donation is
  109  specified for use in a duly noticed environmental creation,
  110  preservation, enhancement, or restoration project, endorsed by
  111  the department or the governing board of the water management
  112  district, which offsets the impacts of the activity permitted
  113  under this part. However, this subsection does not apply to
  114  projects undertaken pursuant to s. 373.4137 or chapter 378.
  115  Where a permit is required under this part to implement any
  116  project endorsed by the department or a water management
  117  district, all necessary permits must be have been issued before
  118  prior to the acceptance of any cash donation. After the
  119  effective date of this act, when money is donated to either the
  120  department or a water management district to offset impacts
  121  authorized by a permit under this part, the department or the
  122  water management district shall accept only a donation that
  123  represents the full cost to the department or water management
  124  district of undertaking the project that is intended to mitigate
  125  the adverse impacts. The full cost shall include all direct and
  126  indirect costs, as applicable, such as those for land
  127  acquisition, land restoration or enhancement, perpetual land
  128  management, and general overhead consisting of costs such as
  129  staff time, building, and vehicles. The department or the water
  130  management district may use a multiplier or percentage to add to
  131  other direct or indirect costs to estimate general overhead.
  132  Mitigation credit for such a donation may be given only to the
  133  extent that the donation covers the full cost to the agency of
  134  undertaking the project intended to mitigate the adverse
  135  impacts. However, nothing herein may be construed to prevent the
  136  department or a water management district from accepting a
  137  donation representing a portion of a larger project, provided
  138  that the donation covers the full cost of that portion and
  139  mitigation credit is given only for that portion. The department
  140  or water management district may deviate from the full cost
  141  requirements of this subparagraph to resolve a proceeding
  142  brought pursuant to chapter 70 or a claim for inverse
  143  condemnation. Nothing in This section may not be construed to
  144  require the owner of a private mitigation bank, permitted under
  145  s. 373.4136, to include the full cost of a mitigation credit in
  146  the price of the credit to a purchaser of such said credit.
  147         2. The department and each water management district shall
  148  report by March 1 of each year, as part of the consolidated
  149  annual report required by s. 373.036(7), all cash donations
  150  accepted under subparagraph 1. during the preceding water
  151  management district fiscal year for wetland mitigation purposes.
  152  The report must exclude those contributions pursuant to s.
  153  373.4137. The report must include a description of the endorsed
  154  mitigation projects and, except for projects governed by s.
  155  373.4135(6), must address, as applicable, success criteria,
  156  project implementation status and timeframe, monitoring, long
  157  term management, provisions for preservation, and full cost
  158  accounting.
  159         3. If the applicant is unable to meet water quality
  160  standards because existing ambient water quality does not meet
  161  standards, the governing board or the department must consider
  162  mitigation measures, such as compensating stormwater treatment,
  163  proposed by or acceptable to the applicant that cause net
  164  improvement of the water quality in the receiving body of water
  165  for those parameters which do not meet standards. Mitigation
  166  measures or enhancement credits intended to address water
  167  quality impacts regulated under ss. 373.403–373.443 may be
  168  generated by third parties and sold and transferred to
  169  environmental resource permit applicants only as authorized
  170  under s. 373.4134.
  171         4. Beginning July 1, 2026, if a public landowner authorizes
  172  or enters into an agreement with a private entity to construct,
  173  modify, or operate stormwater management systems or other
  174  features on public lands so that the private entity can provide
  175  offsite compensatory treatment for third-party water quality
  176  impacts or stormwater discharge, and if the department or a
  177  water management district employing the criteria in paragraph
  178  (a) determines by final agency action that the use of such
  179  public lands for such compensatory stormwater treatment is
  180  contrary to the public interest, the public landowner must
  181  direct the private entity to cease operation of the offsite
  182  compensatory treatment activities identified in the final order
  183  of the department or water management district. The requirement
  184  to cease such activities does not apply to other compensatory
  185  treatment activities governed by the agreement between the
  186  public landowner and the private entity which are not covered by
  187  the final order of the department or water management district.
  188  The public landowner may allow the private entity to resume such
  189  compensatory stormwater treatment activities on such public
  190  lands upon a subsequent final agency action determination by the
  191  department or final determination of a water management district
  192  that the use of such public lands for such compensatory
  193  treatment is no longer contrary to the public interest under the
  194  criteria of paragraph (a).
  195         5. If mitigation requirements imposed by a local government
  196  for surface water and wetland impacts of an activity regulated
  197  under this part cannot be reconciled with mitigation
  198  requirements approved under a permit for the same activity
  199  issued under this part, including application of the uniform
  200  wetland mitigation assessment method adopted pursuant to
  201  subsection (18), the mitigation requirements for surface water
  202  and wetland impacts are controlled by the permit issued under
  203  this part.
  204         Section 4. Paragraph (d) of subsection (1) of section
  205  373.036, Florida Statutes, is amended to read:
  206         373.036 Florida water plan; district water management
  207  plans.—
  208         (1) FLORIDA WATER PLAN.—In cooperation with the water
  209  management districts, regional water supply authorities, and
  210  others, the department shall develop the Florida water plan. The
  211  Florida water plan shall include, but not be limited to:
  212         (d) Goals, objectives, and guidance for the development and
  213  review of programs, rules, and plans relating to water
  214  resources, based on statutory policies and directives. The state
  215  water policy rule, renamed the water resource implementation
  216  rule pursuant to s. 373.019(27) s. 373.019(25), shall serve as
  217  this part of the plan. Amendments or additions to this part of
  218  the Florida water plan shall be adopted by the department as
  219  part of the water resource implementation rule. In accordance
  220  with s. 373.114, the department shall review rules of the water
  221  management districts for consistency with this rule. Amendments
  222  to the water resource implementation rule must be adopted by the
  223  secretary of the department and be submitted to the President of
  224  the Senate and the Speaker of the House of Representatives
  225  within 7 days after publication in the Florida Administrative
  226  Register. Amendments do shall not become effective until the
  227  conclusion of the next regular session of the Legislature
  228  following their adoption.
  229         Section 5. Paragraph (a) of subsection (5) of section
  230  373.250, Florida Statutes, is amended to read:
  231         373.250 Reuse of reclaimed water.—
  232         (5)(a) No later than October 1, 2012, the department shall
  233  initiate rulemaking to adopt revisions to the water resource
  234  implementation rule, as defined in s. 373.019(27) s.
  235  373.019(25), which shall include:
  236         1. Criteria for the use of a proposed impact offset derived
  237  from the use of reclaimed water when a water management district
  238  evaluates an application for a consumptive use permit. As used
  239  in this subparagraph, the term “impact offset” means the use of
  240  reclaimed water to reduce or eliminate a harmful impact that has
  241  occurred or would otherwise occur as a result of other surface
  242  water or groundwater withdrawals.
  243         2. Criteria for the use of substitution credits where a
  244  water management district has adopted rules establishing
  245  withdrawal limits from a specified water resource within a
  246  defined geographic area. As used in this subparagraph, the term
  247  “substitution credit” means the use of reclaimed water to
  248  replace all or a portion of an existing permitted use of
  249  resource-limited surface water or groundwater, allowing a
  250  different user or use to initiate a withdrawal or increase its
  251  withdrawal from the same resource-limited surface water or
  252  groundwater source provided that the withdrawal creates no net
  253  adverse impact on the limited water resource or creates a net
  254  positive impact if required by water management district rule as
  255  part of a strategy to protect or recover a water resource.
  256         Section 6. Subsection (1) of section 373.421, Florida
  257  Statutes, is amended to read:
  258         373.421 Delineation methods; formal determinations.—
  259         (1) The Environmental Regulation Commission shall adopt a
  260  unified statewide methodology for the delineation of the extent
  261  of wetlands as defined in s. 373.019(29) s. 373.019(27). This
  262  methodology shall consider regional differences in the types of
  263  soils and vegetation that may serve as indicators of the extent
  264  of wetlands. This methodology shall also include provisions for
  265  determining the extent of surface waters other than wetlands for
  266  the purposes of regulation under s. 373.414. This methodology
  267  does shall not become effective until ratified by the
  268  Legislature. Subsequent to legislative ratification, the wetland
  269  definition in s. 373.019(29) s. 373.019(27) and the adopted
  270  wetland methodology shall be binding on the department, the
  271  water management districts, local governments, and any other
  272  governmental entities. Upon ratification of such wetland
  273  methodology, the Legislature preempts the authority of any water
  274  management district, state or regional agency, or local
  275  government to define wetlands or develop a delineation
  276  methodology to implement the definition and determines that the
  277  exclusive definition and delineation methodology for wetlands
  278  shall be that established pursuant to s. 373.019(29) s.
  279  373.019(27) and this section. Upon such legislative
  280  ratification, any existing wetlands definition or wetland
  281  delineation methodology shall be superseded by the wetland
  282  definition and delineation methodology established pursuant to
  283  this chapter. Subsequent to legislative ratification, a
  284  delineation of the extent of a surface water or wetland by the
  285  department or a water management district, pursuant to a formal
  286  determination under subsection (2), or pursuant to a permit
  287  issued under this part in which the delineation was field
  288  verified by the permitting agency and specifically approved in
  289  the permit, shall be binding on all other governmental entities
  290  for the duration of the formal determination or permit. All
  291  existing rules and methodologies of the department, the water
  292  management districts, and local governments, regarding surface
  293  water or wetland definition and delineation shall remain in full
  294  force and effect until the common methodology rule becomes
  295  effective. However, this may shall not be construed to limit any
  296  power of the department, the water management districts, and
  297  local governments to amend or adopt a surface water or wetland
  298  definition or delineation methodology until the common
  299  methodology rule becomes effective.
  300         Section 7. Paragraphs (r) and (u) of subsection (1) of
  301  section 403.813, Florida Statutes, are amended to read:
  302         403.813 Permits issued at district centers; exceptions.—
  303         (1) A permit is not required under this chapter, chapter
  304  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  305  chapter 25270, 1949, Laws of Florida, and a local government may
  306  not require a person claiming this exception to provide further
  307  department verification, for activities associated with the
  308  following types of projects; however, except as otherwise
  309  provided in this subsection, this subsection does not relieve an
  310  applicant from any requirement to obtain permission to use or
  311  occupy lands owned by the Board of Trustees of the Internal
  312  Improvement Trust Fund or a water management district in its
  313  governmental or proprietary capacity or from complying with
  314  applicable local pollution control programs authorized under
  315  this chapter or other requirements of county and municipal
  316  governments:
  317         (r) The removal of aquatic plants, the removal of tussocks,
  318  the associated replanting of indigenous aquatic plants, and the
  319  associated removal from lakes of organic detrital material when
  320  such planting or removal is performed and authorized by permit
  321  or exemption granted under s. 369.20 or s. 369.25, provided
  322  that:
  323         1. Organic detrital material that exists on the surface of
  324  natural mineral substrate shall be allowed to be removed to a
  325  depth of 3 feet or to the natural mineral substrate, whichever
  326  is less;
  327         2. All material removed pursuant to this paragraph shall be
  328  placed on a self-contained, upland spoil site which will prevent
  329  the escape of the spoil material into waters in the state except
  330  when spoil material is permitted to be used to create wildlife
  331  islands in freshwater bodies of the state when a governmental
  332  entity is permitted pursuant to s. 369.20 to create such islands
  333  as a part of a restoration or enhancement project;
  334         3. All activities are performed in a manner consistent with
  335  state water quality standards; and
  336         4. Activities under this exemption are not conducted in
  337  wetland areas, as defined in s. 373.019(29) s. 373.019(27),
  338  which are supported by a natural soil as shown in applicable
  339  United States Department of Agriculture county soil surveys,
  340  except when a governmental entity is permitted pursuant to s.
  341  369.20 to conduct such activities as a part of a restoration or
  342  enhancement project.
  343  
  344  The department may not adopt implementing rules for this
  345  paragraph, notwithstanding any other provision of law.
  346         (u) Notwithstanding any provision to the contrary in this
  347  subsection, a permit or other authorization under chapter 253,
  348  chapter 369, chapter 373, or this chapter is not required for an
  349  individual residential property owner for the removal of organic
  350  detrital material from freshwater rivers or lakes that have a
  351  natural sand or rocky substrate and that are not aquatic
  352  preserves or for the associated removal and replanting of
  353  aquatic vegetation for the purpose of environmental enhancement,
  354  providing that:
  355         1. No activities under this exemption are conducted in
  356  wetland areas, as defined in s. 373.019(29) s. 373.019(27),
  357  which are supported by a natural soil as shown in applicable
  358  United States Department of Agriculture county soil surveys.
  359         2. No filling or peat mining is allowed.
  360         3. No removal of native wetland trees, including, but not
  361  limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
  362         4. When removing organic detrital material, no portion of
  363  the underlying natural mineral substrate or rocky substrate is
  364  removed.
  365         5. Removed organic detrital material and plant material is
  366  placed on an upland spoil site which will not cause water
  367  quality violations.
  368         6. All activities are conducted in such a manner, and with
  369  appropriate turbidity controls, so as to prevent any water
  370  quality violations outside the immediate work area.
  371         7. Replanting with a variety of aquatic plants native to
  372  the state shall occur in a minimum of 25 percent of the
  373  preexisting vegetated areas where organic detrital material is
  374  removed, except for areas where the material is removed to bare
  375  rocky substrate; however, an area may be maintained clear of
  376  vegetation as an access corridor. The access corridor width may
  377  not exceed 50 percent of the property owner’s frontage or 50
  378  feet, whichever is less, and may be a sufficient length
  379  waterward to create a corridor to allow access for a boat or
  380  swimmer to reach open water. Replanting must be at a minimum
  381  density of 2 feet on center and be completed within 90 days
  382  after removal of existing aquatic vegetation, except that under
  383  dewatered conditions replanting must be completed within 90 days
  384  after reflooding. The area to be replanted must extend waterward
  385  from the ordinary high water line to a point where normal water
  386  depth would be 3 feet or the preexisting vegetation line,
  387  whichever is less. Individuals are required to make a reasonable
  388  effort to maintain planting density for a period of 6 months
  389  after replanting is complete, and the plants, including
  390  naturally recruited native aquatic plants, must be allowed to
  391  expand and fill in the revegetation area. Native aquatic plants
  392  to be used for revegetation must be salvaged from the
  393  enhancement project site or obtained from an aquatic plant
  394  nursery regulated by the Department of Agriculture and Consumer
  395  Services. Plants that are not native to the state may not be
  396  used for replanting.
  397         8. No activity occurs any farther than 100 feet waterward
  398  of the ordinary high water line, and all activities must be
  399  designed and conducted in a manner that will not unreasonably
  400  restrict or infringe upon the riparian rights of adjacent upland
  401  riparian owners.
  402         9. The person seeking this exemption notifies the
  403  applicable department district office in writing at least 30
  404  days before commencing work and allows the department to conduct
  405  a preconstruction site inspection. Notice must include an
  406  organic-detrital-material removal and disposal plan and, if
  407  applicable, a vegetation-removal and revegetation plan.
  408         10. The department is provided written certification of
  409  compliance with the terms and conditions of this paragraph
  410  within 30 days after completion of any activity occurring under
  411  this exemption.
  412         Section 8. Subsection (6) of section 556.102, Florida
  413  Statutes, is amended to read:
  414         556.102 Definitions.—As used in this act:
  415         (6) “Excavate” or “excavation” means any manmade cut,
  416  cavity, trench, or depression in the earth’s surface, formed by
  417  removal of earth, intended to change the grade or level of land,
  418  or intended to penetrate or disturb the surface of the earth,
  419  including land beneath the waters of the state, as defined in s.
  420  373.019(24) s. 373.019(22), and the term includes pipe bursting
  421  and directional drilling or boring from one point to another
  422  point beneath the surface of the earth, or other trenchless
  423  technologies.
  424         Section 9. For the purpose of incorporating the amendment
  425  made by this act to section 373.414, Florida Statutes, in a
  426  reference thereto, paragraph (d) of subsection (6) of section
  427  373.4136, Florida Statutes, is reenacted to read:
  428         373.4136 Establishment and operation of mitigation banks.—
  429         (6) MITIGATION SERVICE AREA.—The department or water
  430  management district shall establish a mitigation service area
  431  for each mitigation bank permit. The department or water
  432  management district shall notify and consider comments received
  433  on the proposed mitigation service area from each local
  434  government within the proposed mitigation service area. Except
  435  as provided in this section, mitigation credits may be withdrawn
  436  and used only to offset adverse impacts in the mitigation
  437  service area. The boundaries of the mitigation service area
  438  shall depend upon the geographic area where the mitigation bank
  439  could reasonably be expected to offset adverse impacts.
  440  Mitigation service areas may overlap, and mitigation service
  441  areas for two or more mitigation banks may be approved for a
  442  regional watershed.
  443         (d) If the provisions of s. 373.414(1)(b) and (8) are met
  444  and an insufficient number or type of credits from banks whose
  445  permitted service area overlays in whole or in part the regional
  446  watershed in which the impacts occur, the permit applicant is
  447  entitled to a one-time use of credits released from a mitigation
  448  bank outside the mitigation bank service area to offset impacts
  449  pursuant to s. 373.414(1)(b), as established by the procedure in
  450  paragraph (f). The department or water management district must
  451  have determined that the mitigation service area lacked the
  452  appropriate credit type. Priority must be given to mitigation
  453  banks whose permitted service area fully includes the impacted
  454  site. If the number of released credits within a mitigation
  455  service area only partially offsets the impacts associated with
  456  a proposed project in the mitigation service area, the permit
  457  applicant may only use out-of-service-area credits to account
  458  for the difference between the released credits available in the
  459  mitigation bank service area and the credits required to offset
  460  the impacts associated with the proposed project. In
  461  implementing this subsection, the department and water
  462  management districts shall apply a proximity factor to determine
  463  adequate compensatory mitigation as follows:
  464         1. A 1.0 multiplier shall be applied for use of in-kind
  465  credits within the service area.
  466         2. A 1.0 multiplier shall be applied for use of in-kind and
  467  out-of-service-area credits when the service area overlays part
  468  of the same regional watershed as the proposed impacts only
  469  after credit deficiency has been established by the procedure
  470  set forth in paragraph (f).
  471         3. A 1.2 multiplier shall be applied for use of in-kind and
  472  out-of-service-area credits located within a regional watershed
  473  immediately adjacent to the regional watershed overlain by a
  474  bank service area in which proposed impacts are located only
  475  after credit deficiency has been established by the procedure
  476  set forth in paragraph (f).
  477         4. When in-kind credits are not available to offset impacts
  478  in the regional watershed immediately adjacent to the regional
  479  watershed overlain by a mitigation bank service area in which
  480  the proposed impacts are located, an additional 0.25 multiplier
  481  shall be applied for each additional regional watershed boundary
  482  crossed only after credit deficiency has been established by the
  483  procedure set forth in paragraph (f).
  484         5. An additional 0.50 multiplier shall be applied after any
  485  multipliers required in subparagraphs 1.-4., if the mitigation
  486  used to offset impacts entails out-of-kind replacement.
  487         Section 10. This act shall take effect July 1, 2026.
  488  
  489  ================= T I T L E  A M E N D M E N T ================
  490  And the title is amended as follows:
  491         Delete everything before the enacting clause
  492  and insert:
  493                        A bill to be entitled                      
  494         An act relating to stormwater treatment; amending s.
  495         373.019, F.S.; defining the terms “compensating
  496         stormwater treatment” and “total land area”; amending
  497         s. 373.4134, F.S.; revising legislative findings;
  498         requiring compensating stormwater treatment to comply
  499         with certain provisions unless certain circumstances
  500         exist; authorizing entities to apply for a water
  501         quality enhancement area provisional permit under
  502         certain circumstances; requiring the Department of
  503         Environmental Protection to issue such provisional
  504         permit if certain criteria are met; requiring the
  505         department to allow the use of enhancement credits
  506         from a water quality enhancement area established
  507         under a provisional permit; requiring a water
  508         management district issuing an environmental resources
  509         permit to certain applicants to allow such applicants
  510         to use enhancement credits under certain
  511         circumstances; authorizing the department to modify a
  512         water quality enhancement area provisional permit
  513         after the adoption of certain rules; requiring the
  514         department and water management districts to recognize
  515         any enhancement credit used from a water quality
  516         enhancement area established pursuant to a provisional
  517         permit; amending s. 373.414, F.S.; clarifying the
  518         types of mitigation measures for compensating
  519         stormwater treatment which the department or a water
  520         management district governing board must consider
  521         under certain circumstances; authorizing mitigation
  522         measures or enhancement credits intended to address
  523         certain impacts to be generated by third parties and
  524         sold and transferred to environmental resource permit
  525         applicants pursuant to specified provisions;
  526         requiring, beginning on a specified date, that public
  527         landowners direct private entities to cease certain
  528         activities upon a certain determination by the
  529         department; providing applicability; authorizing a
  530         public landowner to allow a private entity to resume
  531         compensatory stormwater treatment activities on public
  532         lands upon a certain final agency action determination
  533         by the department or final determination of a water
  534         management district; amending ss. 373.036, 373.250,
  535         373.421, 403.813, and 556.102, F.S.; conforming cross
  536         references; reenacting s. 373.4136(6)(d), F.S.,
  537         relating to establishment and operation of mitigation
  538         banks, to incorporate the amendment made to s.
  539         373.414, F.S., in a reference thereto; providing an
  540         effective date.