SB 848 — Stormwater Treatment

373.036, 373.250, 373.421, 403.813, and 556.102, F.S.;

conforming cross- references;

PageBe 2It Enacted by the Legislature of 14the CODING:State of Florida:

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words underlined are additions.

Florida Senate - 2026 CS for CS for SB 848 595-02933-26 2026848c2 Be It Enacted by the Legislature of the State of Florida:

SectionPresent 311.106,subsections (4) through (21) and (22) through (28) of section 373.019, Florida Statutes, isare amendedredesignated as subsections (5) through (22) and (24) through (30), respectively, and new subsections (4) and (23) are added to that section, to read:

311.106373.019 SeaportDefinitions.—When stormwaterappearing permittingin andthis mitigation.—chapter (1)or Ain seaportany listedrule, inregulation, s.or order adopted pursuant thereto, the Page 2 of 19 CODING:

403.021(9)(b) is authorized to provide for onsite or offsite stormwater treatment for water quality impacts caused by a proposed port activity that requires a permit and that causes or contributes to pollution from stormwater runoff.

Offsite stormwater treatment may occur outside of the established boundaries of the port, but must be within the same drainage basin in which the port activity occurs.

A port offsite stormwater treatment project must be constructed and maintained by the seaport or by the seaport in conjunction with an adjacent local government.

In order to limit stormwater treatment from individual parcels within a port, a seaport may provide for a regional stormwater treatment facility that must be constructed and maintained by the seaport or by the seaport in conjunction with an adjacent local government.

(2) For a proposed port activity with water quality impacts that causes or contributes to pollution from stormwater runoff from a seaport not listed in s.

403.021(9)(b), a regional stormwater management system, as defined in Rule 62-330, Florida Administrative Code, operated by a non-local governmental entity independently or under contract with a seaport or local government, may not provide stormwater treatment or achieve net improvement under s.

373.414(1)(b)3.

For a proposed port activity with water quality impacts that causes or contributes Page 3 of 14 CODING:

Florida Senate - 2026 CS for CS for SB 848 595-02933-26592-01912-26 2026848c22026848c1 toterm: pollution from stormwater runoff from a seaport not listed in s.

403.021(9)(b),(4) “Compensating stormwater treatment” means a watermethod qualityof enhancementstormwater areatreatment asfor defineddischarges from more than two parcels, implemented in accordance with the conditions established in s.

373.4134373.4134. and operated by a non-local governmental entity independently or under contract with a seaport or local government may not convey enhancement credits to provide stormwater treatment or achieve net improvement under s.

373.414(1)(b)3.(23) “Total land area” means land holdings under common ownership which are contiguous, or land holdings served by common surface water management facilities.

SubsectionPresent (7)paragraphs is(d) addedthrough to(g) of subsection (3) of section 373.413,373.4134, Florida Statutes, are redesignated as paragraphs (e) through (h), respectively, a new paragraph (d) is added to that subsection, and paragraph (e) of subsection (1) and subsection (9) of that section are amended, to read:

373.413373.4134 PermitsWater for construction or alteration.— (7) REGIONAL STORMWATER MANAGEMENT SYSTEMS.— (a) A “regional stormwater management system” is a method of compensating stormwater treatment that creates pollution reduction allocations and is designed, constructed, operated and maintained to collect, convey, store, absorb, inhibit, treat, or harvest stormwater to prevent or reduce flooding, overdrainage, environmental degradation and water pollution or otherwise affect the quantity and quality ofenhancement dischargesareas.— within(1) theLEGISLATIVE drainageFINDINGS areaAND servedINTENT.—The byLegislature thefinds regionalthat: system which is the land or development that is served by or contributes stormwater to the regional system.

(b)(e) AsWater partquality ofenhancement meetingareas the requirement to demonstrate that anprovide applicant for an environmental resource permit for a regional stormwater management system has the financial, legal, and administrative capability of ensuring such regional stormwater management system will be undertaken according to the terms and conditions of an issued permit, the department or a water managementquality districtenhancement shallcredits require such applicant to provideapplicants documentationseeking ofpermits adequateunder financialss. responsibility.

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Florida Senate - 2026 CS for CS for SB 848 595-02933-26 2026848c2 financial responsibility may consist of performance bonds, letters of credit, insurance policies, trust agreements, or similar, ensuring completion of construction;

the amount of which shall be based on cost estimates of completing the construction;

and an endowment or other long-term financial assurance mechanism sufficient to ensure operation and maintenance for the entire period the regional stormwater management system is anticipated to be relied upon to provide stormwater treatment, attenuation, or regulatory pollutant load reduction allocations, the amount of which shall be based on cost estimates of such long-term operation and maintenance.

The cost estimates and associated financial responsibility mechanisms shall be updated every five years to reflect current costs.

This section shall not be construed to impose additional financial responsibility requirements on stormwater management systems that are not regional stormwater management systems.

(c) An environmental resource permit authorizing a regional stormwater management system shall establish and include a graphic depicting the drainage area to be served by such system.

Environmental resource permit applicants located within the drainage area may purchase and use pollution reduction allocations from a regional stormwater management system to meet stormwater treatment performance criteria.

The department or water management district shall use Hydrologic Unit Code 12 (HUC 12) subbasin as set forth by the United States Geological Survey to establish the drainage area, unless the regional stormwater management system applicant provides justification demonstrating the proposed off-site area outside of the HUC 12 would provide the same degree of compensating treatment for a common Page 5 of 14 CODING:

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Florida Senate - 2026 CS for CS for SB 848 595-02933-26 2026848c2 downstream receiving waterbody without causing or contributing to any localized adverse impact to any downstream waters, through water quality monitoring, modeling, or a combination thereof.

Section 3.

Subsections (23), (24), and (25) are added to section 373.403, Florida Statutes, to read:

373.403 Definitions.—When appearing in this part or in any rule, regulation, or order adopted pursuant thereto, the following terms mean:

(23) “Compensating stormwater treatment” means a method of stormwater treatment for discharges from multiple parcels.

(24) “Enhancement credit” means a standard unit of measure that represents a quantity of pollutant removed by a water quality enhancement area.

(25) “Pollutant reduction allocation” means a standard unit of measure that represents a quantity of pollutant removed by a regional stormwater management system for purposes of providing compensating stormwater treatment under the environmental resource permitting program.

Section 4.

Present paragraphs (d) through (g) of subsection (3) of section 373.4134, Florida Statutes, are redesignated as paragraphs (e) through (h), respectively, a new paragraph (d) is added to that subsection, and paragraph (e) of subsection (1), paragraph (b) of subsection (2), paragraph (b) of subsection (3), paragraph (e) of subsection (7), and subsection (9) of that section are amended, to read:

373.4134 Water quality enhancement areas.— (1) LEGISLATIVE FINDINGS AND INTENT.— The Legislature finds that:

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Florida Senate - 2026 CS for CS for SB 848 595-02933-26 2026848c2 (e) Water quality enhancement areas that provide water quality enhancement credits to applicants seeking permits under ss.

(2)The DEFINITIONS.—Astransfer usedof inlegal thisresponsibility section,for complying with applicable regulatory water quality treatment requirements does not occur outside of the term:use of enhancement credits.

(b)Page “Enhancement3 credit” means a standard unit of measure19 thatCODING: represents a quantity of pollutant removed.

(3) WATER QUALITY ENHANCEMENT AREAS.— (b) Water quality enhancement credits may be sold to and used by governmental entities seeking to meet an assigned basin management action plan allocation or reasonable assurance plan or to permit applicants to meet environmental resource permit stormwater treatment performance standards or to achieve for the purpose of achieving net improvement or meeting environmental resource permit performance standards under s.

373.414(1)(b)3.

after reasonable assurances have been provided for the design and construction of all onsite stormwater management, as required by law.

(d) The use of enhancement credits from a water quality enhancement area constitutes compensating stormwater treatment under the environmental resource permitting program.

(7) ENHANCEMENT CREDITS.— (e) Reductions in pollutant loading required under any Page 7 of 14 CODING:

Florida Senate - 2026 CS for CS for SB 848 595-02933-26592-01912-26 2026848c22026848c1 state(3) regulatoryWATER programQUALITY areENHANCEMENT notAREAS.— eligible(d) toCompensating bestormwater consideredtreatment asmust enhancementcomply credits.with this section unless:

In1. addition, the term “credit” shall not be used to refer to pollutant reduction achieved though compensating stormwater treatment to meet environmental resource permitting stormwater performance standards or as a mitigation measure to achieve net improvement under s.

373.414(1)(b)3.The treatment and discharging parcels are owned, operated, and maintained by the same entity;

outsideor of2. enhancement credits generated from a water quality enhancement area.

(9)The RULES.—Thearea departmentproviding shallcompensating adoptstormwater rulestreatment toreceives implementstormwater thisdischarge sectiondirectly whichfrom shallparcels bewithin filedthe fortotal adoptionland noarea laterand thantreats Octoberthe 1,discharge 2026.before such discharge flows off the parcel on which the compensating stormwater treatment occurs.

This(9) sectionRULES.—The maydepartment notshall beadopt implementedrules untilto theimplement departmentthis adoptssection. such rules.

Pending the adoption of rules to implement this section, theentities departmentmay shallapply accept, review and take final agency action on applications for a water quality enhancement area provisional permits.permit.

The department shallmust issue a water quality enhancement area provisional permit in response to asuch submitted application if the applicant providesmeets reasonable assurance of meeting the statutory criteria inof this section.

EnhancementThe creditsdepartment mayshall beallow usedthe use of such enhancement credits from a water quality enhancement area established under a provisional permit as provided in this section and subject to compliance with s.

373.4134373.4134. and the terms of the provisional permit.

Notwithstanding any other provision of law or rule, the department or a water management district reviewingissuing an environmental resource permit applicationto thatapplicants seeksseeking to satisfy stormwaterenvironmental treatmentresource permit performance standards ormust achieveallow netsuch improvementapplicants underto s.use enhancement credits if the department has issued a provisional permit for the water quality enhancement area from which the enhancement credits are generated.

373.414(1)(b)3.After the department adopts rules to implement this section, the department may modify an issued water quality enhancement area provisional permit to Page 4 of 19 CODING:

shall allow the use of enhancement credits from a water quality enhancement area with a provisional permit pursuant to the terms of such provisional permit.

After the department adopts rules to Page 8 of 14 CODING:

Florida Senate - 2026 CS for CS for SB 848 595-02933-26592-01912-26 2026848c22026848c1 implement this section, the department may modify a water quality enhancement area provisional permit to conform such permit to such adopted rules.

Any enhancement creditscredit used from a water quality enhancement area established underpursuant to a provisional permit shallmust continue to be recognized by the department and water management districts without changechange, regardless of whether the provisional permit is subsequently modified to conform to the adopted This section may not be implemented until the department adopts such rules.

Section 5.3.

(b) If the applicant is unable to otherwise meet the criteria set forth in this subsection, the governing board or the department, in deciding to grant or deny a permit, must consider measures proposed by or acceptable to the applicant to Page 95 of 1419 CODING:

Florida Senate - 2026 CS for CS for SB 848 595-02933-26592-01912-26 2026848c22026848c1 consider measures proposed by or acceptable to the applicant to mitigate adverse effects that may be caused by the regulated activity.

The full cost shall include all direct and indirect costs, as applicable, such as those for land acquisition, land restoration or enhancement, perpetual land Page 106 of 1419 CODING:

Florida Senate - 2026 CS for CS for SB 848 595-02933-26592-01912-26 2026848c22026848c1 acquisition, land restoration or enhancement, perpetual land management, and general overhead consisting of costs such as staff time, building, and vehicles.

373.4135(6), must address, as applicable, success criteria, project implementation status and timeframe, monitoring, long- Page 117 of 1419 CODING:

Florida Senate - 2026 CS for CS for SB 848 595-02933-26592-01912-26 2026848c22026848c1 project implementation status and timeframe, monitoring, long- term management, provisions for preservation, and full cost accounting.

If the applicant is unable to meet water quality standards because existing ambient water quality does not meet standards, the governing board or the department must consider mitigation measures, such as compensating stormwater treatmenttreatment, asproposed definedby or acceptable to the applicant that cause net improvement of the water quality in s.the receiving body of water for those parameters which do not meet standards.

373.403(23),Mitigation proposedmeasures by or acceptableenhancement tocredits theintended applicantto thataddress cause net improvement of the water quality inimpacts theregulated receivingunder bodyss. of water for those parameters which do not meet standards.

373.403–373.443 may be generated by third parties and sold and transferred to environmental resource permit applicants only as authorized under s.

373.4134.

Beginning July 1, 2026, if a public landowner authorizes or enters into an agreement with a private entity to construct, modify, or operate stormwater management systems or other features on public lands so that the private entity can provide offsite compensatory treatment for third-party water quality impacts or stormwater discharge, and if the department or a water management district employing the criteria in paragraph (a) determines by final agency action that the use of such public lands for such compensatory stormwater treatment is contrary to the public interest, the public landowner must direct the private entity to cease operation of the offsite compensatory treatment activities identified in the final order of the department or water management district.

The requirement to cease such activities does not apply to other compensatory treatment activities governed by the agreement between the Page 8 of 19 CODING:

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Florida Senate - 2026 CS for SB 848 592-01912-26 2026848c1 public landowner and the private entity which are not covered by the final order of the department or water management district.

The public landowner may allow the private entity to resume such compensatory stormwater treatment activities on such public lands upon a subsequent final agency action determination by the department or final determination of a water management district that the use of such public lands for such compensatory treatment is no longer contrary to the public interest under the criteria of paragraph (a).

5.

Section 4.

Paragraph (d) of subsection (1) of section 373.036, Florida Statutes, is amended to read:

373.036 Florida water plan;

district water management plans.— (1) FLORIDA WATER PLAN.—In cooperation with the water management districts, regional water supply authorities, and others, the department shall develop the Florida water plan.

The Florida water plan shall include, but not be limited to:

(d) Goals, objectives, and guidance for the development and review of programs, rules, and plans relating to water resources, based on statutory policies and directives.

The state Page 9 of 19 CODING:

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Florida Senate - 2026 CS for SB 848 592-01912-26 2026848c1 water policy rule, renamed the water resource implementation rule pursuant to s.

373.019(27) s.

373.019(25), shall serve as this part of the plan.

Amendments or additions to this part of the Florida water plan shall be adopted by the department as part of the water resource implementation rule.

In accordance with s.

373.114, the department shall review rules of the water management districts for consistency with this rule.

Amendments to the water resource implementation rule must be adopted by the secretary of the department and be submitted to the President of the Senate and the Speaker of the House of Representatives within 7 days after publication in the Florida Administrative Register.

Amendments do shall not become effective until the conclusion of the next regular session of the Legislature following their adoption.

Section 5.

Paragraph (a) of subsection (5) of section 373.250, Florida Statutes, is amended to read:

373.250 Reuse of reclaimed water.— (5)(a) No later than October 1, 2012, the department shall initiate rulemaking to adopt revisions to the water resource implementation rule, as defined in s.

373.019(27) s.

373.019(25), which shall include:

1.

Criteria for the use of a proposed impact offset derived from the use of reclaimed water when a water management district evaluates an application for a consumptive use permit.

As used in this subparagraph, the term “impact offset” means the use of reclaimed water to reduce or eliminate a harmful impact that has occurred or would otherwise occur as a result of other surface water or groundwater withdrawals.

2.

Criteria for the use of substitution credits where a Page 10 of 19 CODING:

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Florida Senate - 2026 CS for SB 848 592-01912-26 2026848c1 water management district has adopted rules establishing withdrawal limits from a specified water resource within a defined geographic area.

As used in this subparagraph, the term “substitution credit” means the use of reclaimed water to replace all or a portion of an existing permitted use of resource-limited surface water or groundwater, allowing a different user or use to initiate a withdrawal or increase its withdrawal from the same resource-limited surface water or groundwater source provided that the withdrawal creates no net adverse impact on the limited water resource or creates a net positive impact if required by water management district rule as part of a strategy to protect or recover a water resource.

ForSubsection the(1) purpose of incorporating the amendment made by this act to section 373.414,373.421, Florida Statutes, in a reference thereto, paragraph (d) of subsection (6) of section 373.4136, Florida Statutes, is reenactedamended to read:

373.4136373.421 EstablishmentDelineation andmethods; operation of mitigation banks.— (6) MITIGATION SERVICE AREA.—The department or water management district shall establish a mitigation service area for each mitigation bank permit.

Theformal departmentdeterminations.— or(1) waterThe managementEnvironmental districtRegulation Commission shall notifyadopt anda considerunified commentsstatewide receivedmethodology Pagefor 12the delineation of 14the CODING:extent of wetlands as defined in s.

373.019(29) s.

373.019(27).

This methodology shall consider regional differences in the types of soils and vegetation that may serve as indicators of the extent of wetlands.

This methodology shall also include provisions for determining the extent of surface waters other than wetlands for the purposes of regulation under s.

373.414.

This methodology does shall not become effective until ratified by the Legislature.

Subsequent to legislative ratification, the wetland definition in s.

373.019(29) s.

373.019(27) and the adopted wetland methodology shall be binding on the department, the water management districts, local governments, and any other governmental entities.

Upon ratification of such wetland Page 11 of 19 CODING:

Florida Senate - 2026 CS for CS for SB 848 595-02933-26592-01912-26 2026848c22026848c1 onmethodology, the proposedLegislature mitigationpreempts servicethe areaauthority fromof eachany water management district, state or regional agency, or local government withinto define wetlands or develop a delineation methodology to implement the proposeddefinition mitigationand servicedetermines area.that the exclusive definition and delineation methodology for wetlands shall be that established pursuant to s.

373.019(29) s.

373.019(27) and this section.

Upon such legislative ratification, any existing wetlands definition or wetland delineation methodology shall be superseded by the wetland definition and delineation methodology established pursuant to this chapter.

Subsequent to legislative ratification, a delineation of the extent of a surface water or wetland by the department or a water management district, pursuant to a formal determination under subsection (2), or pursuant to a permit issued under this part in which the delineation was field- verified by the permitting agency and specifically approved in the permit, shall be binding on all other governmental entities for the duration of the formal determination or permit.

All existing rules and methodologies of the department, the water management districts, and local governments, regarding surface water or wetland definition and delineation shall remain in full force and effect until the common methodology rule becomes effective.

However, this may shall not be construed to limit any power of the department, the water management districts, and local governments to amend or adopt a surface water or wetland definition or delineation methodology until the common methodology rule becomes effective.

Section 7.

Paragraphs (r) and (u) of subsection (1) of section 403.813, Florida Statutes, are amended to read:

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Florida Senate - 2026 CS for SB 848 592-01912-26 2026848c1 403.813 Permits issued at district centers;

exceptions.— (1) A permit is not required under this chapter, chapter 373, chapter 61-691, Laws of Florida, or chapter 25214 or chapter 25270, 1949, Laws of Florida, and a local government may not require a person claiming this exception to provide further department verification, for activities associated with the following types of projects;

however, except as otherwise provided in this subsection, this subsection does not relieve an applicant from any requirement to obtain permission to use or occupy lands owned by the Board of Trustees of the Internal Improvement Trust Fund or a water management district in its governmental or proprietary capacity or from complying with applicable local pollution control programs authorized under this chapter or other requirements of county and municipal governments:

(r) The removal of aquatic plants, the removal of tussocks, the associated replanting of indigenous aquatic plants, and the associated removal from lakes of organic detrital material when such planting or removal is performed and authorized by permit or exemption granted under s.

369.20 or s.

369.25, provided that:

1.

Organic detrital material that exists on the surface of natural mineral substrate shall be allowed to be removed to a depth of 3 feet or to the natural mineral substrate, whichever is less;

2.

All material removed pursuant to this paragraph shall be placed on a self-contained, upland spoil site which will prevent the escape of the spoil material into waters in the state except when spoil material is permitted to be used to create wildlife Page 13 of 19 CODING:

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Florida Senate - 2026 CS for SB 848 592-01912-26 2026848c1 islands in freshwater bodies of the state when a governmental entity is permitted pursuant to s.

369.20 to create such islands as a part of a restoration or enhancement project;

3.

All activities are performed in a manner consistent with state water quality standards;

and 4.

Activities under this exemption are not conducted in wetland areas, as defined in s.

373.019(29) s.

373.019(27), which are supported by a natural soil as shown in applicable United States Department of Agriculture county soil surveys, except when a governmental entity is permitted pursuant to s.

369.20 to conduct such activities as a part of a restoration or enhancement project.

The department may not adopt implementing rules for this paragraph, notwithstanding any other provision of law.

(u) Notwithstanding any provision to the contrary in this subsection, a permit or other authorization under chapter 253, chapter 369, chapter 373, or this chapter is not required for an individual residential property owner for the removal of organic detrital material from freshwater rivers or lakes that have a natural sand or rocky substrate and that are not aquatic preserves or for the associated removal and replanting of aquatic vegetation for the purpose of environmental enhancement, providing that:

1.

No activities under this exemption are conducted in wetland areas, as defined in s.

373.019(29) s.

373.019(27), which are supported by a natural soil as shown in applicable United States Department of Agriculture county soil surveys.

2.

No filling or peat mining is allowed.

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Florida Senate - 2026 CS for SB 848 592-01912-26 2026848c1 3.

No removal of native wetland trees, including, but not limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.

4.

When removing organic detrital material, no portion of the underlying natural mineral substrate or rocky substrate is removed.

5.

Removed organic detrital material and plant material is placed on an upland spoil site which will not cause water quality violations.

6.

All activities are conducted in such a manner, and with appropriate turbidity controls, so as to prevent any water quality violations outside the immediate work area.

7.

Replanting with a variety of aquatic plants native to the state shall occur in a minimum of 25 percent of the preexisting vegetated areas where organic detrital material is removed, except for areas where the material is removed to bare rocky substrate;

however, an area may be maintained clear of vegetation as an access corridor.

The access corridor width may not exceed 50 percent of the property owner’s frontage or 50 feet, whichever is less, and may be a sufficient length waterward to create a corridor to allow access for a boat or swimmer to reach open water.

Replanting must be at a minimum density of 2 feet on center and be completed within 90 days after removal of existing aquatic vegetation, except that under dewatered conditions replanting must be completed within 90 days after reflooding.

The area to be replanted must extend waterward from the ordinary high water line to a point where normal water depth would be 3 feet or the preexisting vegetation line, whichever is less.

Individuals are required to make a reasonable effort to maintain planting density for a period of 6 months Page 15 of 19 CODING:

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Florida Senate - 2026 CS for SB 848 592-01912-26 2026848c1 after replanting is complete, and the plants, including naturally recruited native aquatic plants, must be allowed to expand and fill in the revegetation area.

Native aquatic plants to be used for revegetation must be salvaged from the enhancement project site or obtained from an aquatic plant nursery regulated by the Department of Agriculture and Consumer Services.

Plants that are not native to the state may not be used for replanting.

8.

No activity occurs any farther than 100 feet waterward of the ordinary high water line, and all activities must be designed and conducted in a manner that will not unreasonably restrict or infringe upon the riparian rights of adjacent upland riparian owners.

9.

The person seeking this exemption notifies the applicable department district office in writing at least 30 days before commencing work and allows the department to conduct a preconstruction site inspection.

Notice must include an organic-detrital-material removal and disposal plan and, if applicable, a vegetation-removal and revegetation plan.

10.

The department is provided written certification of compliance with the terms and conditions of this paragraph within 30 days after completion of any activity occurring under this exemption.

Section 8.

Subsection (6) of section 556.102, Florida Statutes, is amended to read:

556.102 Definitions.—As used in this act:

(6) “Excavate” or “excavation” means any manmade cut, cavity, trench, or depression in the earth’s surface, formed by removal of earth, intended to change the grade or level of land, Page 16 of 19 CODING:

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Florida Senate - 2026 CS for SB 848 592-01912-26 2026848c1 or intended to penetrate or disturb the surface of the earth, including land beneath the waters of the state, as defined in s.

373.019(24) s.

373.019(22), and the term includes pipe bursting and directional drilling or boring from one point to another point beneath the surface of the earth, or other trenchless technologies.

Section 9.

For the purpose of incorporating the amendment made by this act to section 373.414, Florida Statutes, in a reference thereto, paragraph (d) of subsection (6) of section 373.4136, Florida Statutes, is reenacted to read:

373.4136 Establishment and operation of mitigation banks.— (6) MITIGATION SERVICE AREA.—The department or water management district shall establish a mitigation service area for each mitigation bank permit.

The department or water management district shall notify and consider comments received on the proposed mitigation service area from each local government within the proposed mitigation service area.

373.414(1)(b) and (8) are met and an insufficient number or type of credits from banks whose permitted service area overlays in whole or in part the regional watershed in which the impacts occur, the permit applicant is entitledPage to17 a one-time use of credits19 releasedCODING: from a mitigation bank outside the mitigation bank service area to offset impacts pursuant to s.

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Florida Senate - 2026 CS for SB 848 592-01912-26 2026848c1 entitled to a one-time use of credits released from a mitigation bank outside the mitigation bank service area to offset impacts pursuant to s.

In implementing this subsection, the department and water Pagemanagement 13districts ofshall 14apply CODING:a proximity factor to determine adequate compensatory mitigation as follows:

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Florida Senate - 2026 CS for CS for SB 848 595-02933-26 2026848c2 management districts shall apply a proximity factor to determine adequate compensatory mitigation as follows:

A 1.2 multiplier shall be applied for use of in-kind and out-of-service-area credits located within a regional watershed immediately adjacent to the regional watershed overlain by a bank service area in which proposed impacts are located only after credit deficiency has been established by the procedure setPage forth18 inof paragraph19 (f).CODING:

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Florida Senate - 2026 CS for SB 848 592-01912-26 2026848c1 set forth in paragraph (f).

Section 7.10.

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