HB 1073 — Mitigation

breeding, nesting, denning, and nursery areas;

corridors for wildlife movement;

food chain support;

and natural water storage, natural flow attenuation, and water quality improvement, which enhances fish, wildlife, and listed species utilization.

(8)(15) "Estuary" means a semienclosed, naturally existing coastal body of water that which has a free connection with the open sea and within which seawater is measurably diluted with fresh water derived from riverine systems.

(9)(14) "Filling" means the deposition, by any means, of materials in surface waters or wetlands, as delineated in s.

373.421(1).

(10)(3) "Impoundment" means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth's surface and having a discernible shoreline.

Page 3of 18 CODING:

Words strickenare deletions;

words underlined are additions.

hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1073 2024 (11)(16) "Lagoon" means a naturally existing coastal zone depression that which is below mean high water and that which has permanent or ephemeral communications with the sea, but that which is protected from the sea by some type of naturally existing barrier.

(12)(8) "Maintenance" or "repairs" means remedial work of a nature as may affect the safety of any dam, impoundment, reservoir, or appurtenant work or works, but excludes routine custodial maintenance.

(13)(19) "Mitigation bank" means a project permitted under s.

373.4136 undertaken to provide for the withdrawal of mitigation credits to offset adverse impacts authorized by a permit under this part.

(14)(20) "Mitigation credit" means a standard unit of measure which represents the increase in ecological value resulting from restoration, enhancement, preservation, or creation activities.

(15)(21) "Mitigation service area" means the geographic area within which mitigation credits from a mitigation bank may be used to offset adverse impacts of activities regulated under this part.

(16)(22) "Offsite regional mitigation" means mitigation on an area of land off the site of an activity permitted under this part, where an applicant proposes to mitigate the adverse impacts of only the applicant's specific activity as a Page 4of 18 CODING:

Words strickenare deletions;

words underlined are additions.

hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1073 2024 requirement of the permit, which provides regional ecological value, and which is not a mitigation bank permitted under s.

373.4136.

(17) "Private-sector sponsor" means an individual or entity that establishes and operates a wetland mitigation bank project and is responsible for compliance with any permit or authorization, including, but not limited to, funding and undertaking wetland enhancement, restoration or creation activities, and the provision of financial assurances, as well as any required monitoring, reporting, and maintenance of the mitigation bank.

(18)(4) "Reservoir" means any artificial or natural holding area which contains or will contain the water impounded by a dam.

(19)(17) "Seawall" means a manmade wall or an encroachment, except riprap, which is made to break the force of waves and to protect the shore from erosion.

(20)(11) "State water quality standards" means water quality standards adopted pursuant to chapter 403.

(21)(10) "Stormwater management system" means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water Page 5of 18 CODING:

Words strickenare deletions;

words underlined are additions.

hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1073 2024 pollution or otherwise affect the quantity and quality of discharges from the system.

(22)(12) "Watershed" means the land area that which contributes to the flow of water into a receiving body of water.

(23)(5) "Works" means all artificial structures, including, but not limited to, ditches, canals, conduits, channels, culverts, pipes, and other construction that connects to, draws water from, drains water into, or is placed in or across the waters in the state.

Section 2.

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

(b) An expansion of existing authority for regional treatment to include offsite compensatory treatment in water quality enhancement areas to make enhancement credits available for purchase by an applicant or a governmental entity entities to address impacts regulated under ss.this part is needed.

373.403-373.443(d) thisWater partquality isenhancement needed.areas are a valuable tool to Page 6of 18 CODING:

(d) Water quality enhancement areas are a valuable tool to assist an applicant governmental entities in providing a satisfying the net improvement of the water quality in a Page 2of 14 CODING:

hb1073-02-c2hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073CS/HB1073 2024 receivingassist waterbodyan thatapplicant doesgovernmental notentities meet standards or in satisfying the environmentalnet resourceimprovement permit performance standard under s.

(e) Water quality enhancement areas that provide water quality enhancement credits to applicants governmental entities seeking permits under ss.this part and to governmental entities seeking to meet an assigned basin management action plan allocation or reasonable assurance plan under s.

373.403-373.443 this part and to governmental entities seeking to meet an assigned basin management action plan allocation or reasonable assurance plan under s.

(a) "Applicant" means a governmental entity or private- sector entity that seekswishes to purchase water quality enhancement credits to meet an assigned basin management action plan allocation or reasonable assurance plan or a governmental entity or a private sector entity that seeks to purchase water quality enhancement credits for the purpose of achieving the net improvement performance standard under s.

(3) WATER QUALITY ENHANCEMENT AREAS.— (b) Water quality enhancement credits may be sold only to applicants governmental entities seeking to meet an assigned basin management action plan allocation or satisfyingreasonable environmentalassurance resourceplan permitor for the purpose of achieving net improvement performance standards.standards under s.

(3) WATER QUALITY ENHANCEMENT AREAS.— (b) Water quality enhancement credits may be sold only to governmental entities seeking to meet an assigned basin management action plan allocation or reasonable assurance plan or to applicants for the purpose of achieving net improvement or Page 3of 14 CODING:

Words strickenare deletions;

words underlined are additions.

hb1073-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073 2024 meeting environmental resource permit performance standards under s.

after the governmental entity has provided reasonable assurances have been provided assurance of meeting department rules for the design and construction of all onsite stormwater management,management as required by law.

(c)Page A7of water18 qualityCODING: enhancement area must be used to address contributions of one or more pollutants or other constituents in the watershed, basin, sub-basin, targeted restoration area, waterbody, or section of waterbody, as determined by the department, in which the water quality enhancement area is located that do not meet applicable state water quality standards or environmental resource permit performance standards criteria.

(7) ENHANCEMENT CREDITS.— (a) The department or water management district shall authorize the sale and use of enhancement credits to applicants governmental entities to address adverse water quality impacts of activities regulated under ss.

373.403-373.443 this part or to assist governmental entities seeking to meet required nonpoint source contribution reductions assigned in a basin management action plan or reasonable assurance plan under s.

403.067.

(j) Notwithstanding any other law, this section does not limit or restrict the authority of the department to deny the use of enhancement credits when the department is not reasonably Page 4of 14 CODING:

hb1073-02-c2hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073CS/HB1073 2024 assured(7) thatENHANCEMENT CREDITS.— (a) The department or water management district shall authorize the sale and use of theenhancement credits willto notapplicants causegovernmental orentities contribute to aaddress violationadverse of water quality standards,impacts evenof ifactivities theregulated projectunder beingthis implementedpart byor theto applicantassist governmental entityentities isseeking withinto themeet enhancementrequired servicenonpoint area.source contribution reductions assigned in a basin management action plan or reasonable assurance plan under s.

403.067.

(j) Notwithstanding any other law, this section does not limit or restrict the authority of the department to deny the use of enhancement credits when the department is not reasonably assured that the use of the credits will not cause or contribute to a violation of water quality standards, even if the project being implemented by the applicant governmental entity is within the enhancement service area.

Section 2.3.

373.4135 Mitigation banks and offsite regional mitigation.— (1) The Legislature finds that the adverse impacts of activitiesPage regulated8of under18 thisCODING: part may be offset by the creation, maintenance, and use of mitigation banks and offsite regional mitigation.

Mitigation banks and offsite regional mitigation can enhance the certainty of mitigation and provide ecological value due to the improved likelihood of environmental success associated with their proper construction, maintenance, and management.

Therefore, the department and the water management districts are directed to participate in and encourage the establishment of private and public mitigation banks and offsite regional mitigation on lands owned by a local government, when such lands are located in a credit-deficient Page 5of 14 CODING:

hb1073-02-c2hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073CS/HB1073 2024 basinactivities asregulated describedunder inthis paragraphpart (8)(a)may andbe theoffset proposedby mitigationthe bankcreation, ormaintenance, offsiteand regionaluse mitigation would provide one or more of themitigation habitatbanks typeand creditsoffsite listedregional inmitigation. subparagraph (8)(a)2.

Mitigation banks and offsite regional mitigation can enhance the certainty of mitigation and provide ecological value due to the improved likelihood of environmental success associated with their proper construction, maintenance, and management.

Therefore, the department and the water management districts are directed to participate in and encourage the establishment of private and public mitigation banks and offsite regional mitigation on private and public lands owned by a local government.

(b) The Legislature recognizes the importance of mitigationPage banks9of as18 anCODING: appropriate and allowable mitigation alternative to permittee-responsible mitigation.

However, the Legislature also recognizes that certain timing and geographical constraints could result in the unavailability of mitigation bank credits for a certain project upon completion of the project's application.

If state and federal mitigation credits are not available to offset the adverse impacts of a project, a local government may allow permittee-responsible mitigation Page 6of 14 CODING:

hb1073-02-c2hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073CS/HB1073 2024 consistingmitigation ofbanks theas restorationan orappropriate enhancement of lands purchased and ownedallowable by a local government for conservation purposes, and such mitigation mustalternative conform to thepermittee-responsible permittingmitigation. requirements of s.

However, the Legislature also recognizes that certain timing and geographical constraints could result in the unavailability of mitigation bank credits for a certain project upon completion of the project's application.

If state and federal mitigation credits are not available to offset the adverse impacts of a project, a local government may allow permittee-responsible mitigation consisting of the restoration or enhancement of lands purchased and owned by a local government for conservation purposes, and such mitigation must conform to the permitting requirements of s.

Except when a local government has allowed a public or private mitigation projectproject, including permittee-responsible mitigation, to be created on land it has purchased for conservation purposes pursuant to this paragraph, a governmental entity may not create or provide mitigation for a project other than its own unless the governmental entity uses land that was not previously purchased for conservation and unless the governmental entity provides the same financial assurances as required for mitigation banks permitted under s.

Offsite regional mitigation areas established before December 31, 2011, under subsection (6) or, when credits are not availablePage at10 aof18 mitigationCODING: bank permitted under s.

Words strickenare deletions;

words underlined are additions.

hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1073 2024 available at a mitigation bank permitted under s.

Page373.41492; 7of 14 CODING:

Words strickenare deletions;

words underlined are additions.

hb1073-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073 2024 373.41492;

(d) Offsite mitigation, including offsite regional mitigation, may be located outside the regional watershed in which the adverse impacts of an activity regulated under this partPage are11 located,of18 ifCODING: such adverse impacts are offset by the offsite mitigation.

Words strickenare deletions;

words underlined are additions.

hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1073 2024 part are located, if such adverse impacts are offset by the offsite mitigation.

373.4136 submits more than one mitigation proposal to the department or a Pagewater 8ofmanagement 14district, CODING:the department or water management district shall, in evaluating each proposal, ensure that such proposal adequately offsets the adverse impacts.

(8) A local government may, through a public procurement process, solicit proposals from private-sector sponsors for a mitigation bank on public lands purchased for conservation purposes.

If such a mitigation bank is to be established and operated on public land, the local government and private-sector sponsor must enter into an agreement requiring the private- sector sponsor to establish and operate the mitigation bank to conform to the permitting requirements of s.

373.4136.

(a) The agreement must require the private-sector sponsor to pay a usage fee to the local government which reflects the market value of the public land, as determined by a competitive process in accordance with state law or such other method of assuring that the cost of the use of the public land is fully Page 12 of18 CODING:

hb1073-02-c2hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073CS/HB1073 2024 wateraccounted managementfor district,in the departmentpricing orof watermitigation managementcredits. district shall, in evaluating each proposal, ensure that such proposal adequately offsets the adverse impacts.

(8)(b) ItIn isdetermining the intentnumber of themitigation Legislaturebank tocredits allowassigned limitedto usethe ofmitigation localbank, governmentthe land,department includingor landswater acquiredmanagement fordistrict conservation,shall forreflect privatethe sectorconservation mitigationstatus banks,of provided that the privateland mitigation banks are located in credit-deficient basins and would produce the habitatlocation typefactor creditsset thatforth arein unavailablethe oruniform insufficientmitigation inassessment suchmethod. basins.

As(c) usedThis insubsection thisapplies subsection,to thedrainage termbasins "localor government"corresponding includeshydrologic aunits county,if municipality,the private-sector sponsor demonstrates to the department or specialwater management district asthat thosein-kind termscredits are definednot inavailable. s.

165.031.(d) Rulemaking is not required to implement this subsection.

ThisSection subsection4. does not apply to lands owned by the state or a water management district.

Paragraph (a) Aof basinsubsection is(2) consideredof tosection be330.41, aFlorida credit-deficientStatutes, basin if it is aamended drainageto basinread: or a corresponding hydrologic unit code, and has all of the following features:

330.41 Unmanned Aircraft Systems Act.— (2) DEFINITIONS.—As used in this act, the term:

(a) "Critical infrastructure facility" means any of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs which indicate that entry is forbidden and which are posted on the property in a manner reasonably likely to come to the attention of intruders:

AtA leastpower onegeneration mitigationor banktransmission hasfacility, beensubstation, permittedswitching andstation, establishedor onelectrical landscontrol notcenter. owned by a governmental entity and that mitigation bank no longer has one of the habitat type credits listed in subparagraph 2.

available for purchase.

ThereA ischemical aor documentedrubber shortagemanufacturing of either forested freshwater, nonforested freshwater, forested saltwater, or nonforestedstorage saltwaterfacility. habitat type credits.

Page 9of13 14of18 CODING:

hb1073-02-c2hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073CS/HB1073 2024 3.

PendingA mitigationwater bankintake applicationsstructure, onwater privatetreatment landfacility, orwastewater pendingtreatment creditplant, releasesor frompump mitigationstation. banks on nongovernmental land are unlikely to alleviate the credit shortage.

(b)4. A local government with land in a credit-deficient basin may, through the public procurement processes identified in chapter 287 or other established competitive procurement processes, consider a proposal from a private entity applicant for the right to establish a mitigation bank on the local government land, including such lands purchased for conservation purposes, provided acquisition encumbrances do not exist to the contrary.

(c)A Ifmining suchfacility. a mitigation bank is to be established and operated on local government land, the local government and private applicant must enter into a use agreement that meets the requirements of this paragraph and that requires the private applicant to establish and operate the mitigation bank in conformance with the permitting requirements of s.

373.41365. and the rules adopted thereunder.

TheA usenatural agreementgas must:or compressed gas compressor station, storage facility, or natural gas or compressed gas pipeline.

1.6.

IncludeA aliquid requirementnatural thatgas theor localpropane governmentgas landownerterminal assume the role of long-term steward of the property, and state that the landowner will grant a conservation easement or substantiallystorage similarfacility. recordable instrument pursuant to s.

704.067. in favor of the permitting agency, if a conservation easement or substantially similar recordable instrument acceptable to the permitting agency does not already exist;

andAny Pageportion 10of of14an CODING:aboveground oil or gas pipeline.

8.

A refinery.

9.

A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas.

10.

A wireless communications facility, including the tower, antennae, support structures, and all associated ground- based equipment.

11.

A seaport as listed in s.

311.09(1), which need not be completely enclosed by a fence or other physical barrier and need not be marked with a sign or signs indicating that entry is forbidden.

12.

An inland port or other facility or group of facilities serving as a point of intermodal transfer of freight in a specific area physically separated from a seaport.

13.

An airport as defined in s.

330.27.

14.

A spaceport territory as defined in s.

331.303(18).

15.

A military installation as defined in 10 U.S.C.

s.

2801(c)(4) and an armory as defined in s.

250.01.

Page 14 of18 CODING:

hb1073-02-c2hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073CS/HB1073 2024 2.16.

IncludeA adam requirementas fordefined thein privates. applicant to do all of the following:

a.373.403 s.

Provide373.403(1) bidor andother performancestructures, securitysuch instrumentsas forlocks, afloodgates, minimumor ofdikes, 5which percentare ofdesigned the total bid amount to ensuremaintain thator acontrol use agreement with the locallevel governmentof isnavigable executedwaterways. and a mitigation bank permit is applied for by the private applicant.

b.17.

OperateA andstate maintaincorrectional theinstitution mitigation bank until final permit success criteria are met, as permitteddefined byin thes. department or water management district.

c.944.02 or a private correctional facility authorized under chapter 957.

Agree18. to establish financial assurance for long-term management in an amount agreeable to the local government landowner and as provided for in rules adopted pursuant to this section and s.

373.4136A forsecure usedetention bycenter theor localfacility government as thedefined long-termin stewards. of the land after the mitigation bank final environmental resource permit success criteria are met.

The985.03, privateor sectora applicantnonsecure mayresidential alsofacility, usea anhigh-risk endowmentresidential tofacility, provideor financiala assurances.maximum-risk residential facility as those terms are described in s.

d.985.03(44).

Acknowledge19. that denial of the state mitigation bank permit application will terminate the use agreement.

e.A county detention facility as defined in s.

Acknowledge951.23. that failure to obtain the mitigation bank permit within 2 years after the use agreement execution date will terminate the use agreement, unless it is extended for good cause by the local government.

(d)20. Public funds may not be used to fund the financial assurances for construction and implementation of the mitigation Page 11 of14 CODING:

A critical infrastructure facility as defined in s.

692.201.

Section 5.

Paragraph (a) of subsection (8) of section 373.414, Florida Statutes, is amended to read:

373.414 Additional criteria for activities in surface waters and wetlands.— (8)(a) The governing board or the department, in deciding whether to grant or deny a permit for an activity regulated under this part shall consider the cumulative impacts upon surface water and wetlands, as delineated in s.

373.421(1), within the same drainage basin as defined in s.

373.403 s.

373.403(9), of:

1.

The activity for which the permit is sought.

Page 15 of18 CODING:

hb1073-02-c2hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073CS/HB1073 2024 bank2. or for the establishment of the long-term management financial assurances.

(e)Projects Inwhich determiningare theexisting numberor ofactivities mitigationregulated bankunder credits to be awarded to a mitigation bank established pursuant to this subsection,part thewhich proposedare mitigationunder bank'sconstruction location in or adjacentprojects tofor thewhich localpermits governmentor conservationdeterminations landspursuant may not increase the uniform mitigation assessment method location factor assessment and scoring value, even if the conservation status of the mitigation bank land is improved due to suchs. location.

(f)373.421 Creditor deficiencys. is confirmed at the time the use agreement is executed by the parties.

Once403.914 confirmed,have thebeen mitigationsought. bank application may proceed, even if the deficiency is relieved.

(g)3. While not required, the department, in coordination with the water management districts, may adopt rules to implement this subsection.

SectionActivities 3.which are under review, approved, or vested pursuant to s.

380.06, or other activities regulated under this part which may reasonably be expected to be located within surface waters or wetlands, as delineated in s.

373.421(1), in the same drainage basin as defined in s.

373.403 s.

373.403(9), based upon the comprehensive plans, adopted pursuant to chapter 163, of the local governments having jurisdiction over the activities, or applicable land use restrictions and regulations.

Section 6.

Paragraph (c) of subsection (2) of section 373.461, Florida Statutes, is amended to read:

373.461 Lake Apopka improvement and management.— (2) DEFINITIONS.—As used in this section:

(c) "Stormwater management system" has the meaning set forth in s.

373.403 s.

373.403(10).

Section 7.

403.9332 Mitigation and enforcement.— (1)(a) Any area in which 5 percent or more of the trimmed mangrove trees have been trimmed below 6 feet in height, except asPage provided16 inof18 s.CODING:

403.9326(1)(c), (d), (f), (g), and (h), Page 12 of14 CODING:

hb1073-02-c2hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073CS/HB1073 2024 destroyed, defoliated, or removed as aprovided resultin of trimming conducted under s.

403.9326(1)(c), (d), (f), (g), and (h), destroyed, defoliated, or removed as a result of trimming conducted under s.

The donation must be equivalent to the cost, as verified by the department or delegated local government, of creating mangrove wetlands at a 2-to-1, created versus affected ratio, basedPage on17 canopyof18 area.CODING:

The donation may not be less than $4 per Page 13 of14 CODING:

hb1073-02-c2hb1073-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1073CS/HB1073 2024 squarebased footon ofcanopy created wetland area.

The donation may not be less than $4 per square foot of created wetland area.

Section 4.8.

Page 1418 of14of18 CODING:

hb1073-02-c2hb1073-01-c1