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
HB 371 2023
1 A bill to be entitled
2 An act relating to management and storage of surface
3 waters; amending s. 373.406, F.S.; providing an
4 exemption from surface water management and storage
5 regulations for the implementation of certain measures
6 and practices for environmental habitat creation,
7 restoration, and enhancement activities and water
8 quality improvements on specified agricultural lands
9 and government-owned lands; providing a condition and
10 requirements for the measures and practices; removing
11 requirements for adverse impacts on water resources,
12 certain notification by the Department of
13 Environmental Protection and water management
14 districts, and commencement of activities; providing
15 an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (9) of section 373.406, Florida
20 Statutes, is amended to read:
21 373.406 Exemptions.—The following exemptions shall apply:
22 (9) Implementation of measures or practices for having the
23 primary purpose of environmental habitat creation, restoration,
24 or enhancement activities or water quality improvements
25 improvement on lands classified as agricultural pursuant to s.
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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
HB 371 2023
26 193.461 or government-owned lands are exempt from regulation
27 under this part. The measures or practices may alter the
28 topography of the land, including activities and improvements
29 that divert the flow of surface waters or impact wetlands on the
30 land, if the activities or improvements result in a net increase
31 in wetland resource functions. The activities or improvements
32 must be planned, designed, and implemented to result in a
33 wetland habitat that resembles the characteristics of a
34 functional wetland habitat in the same region, such as an
35 herbaceous or a forested wetland where these measures or
36 practices are determined by the district or department, on a
37 case-by-case basis, to have minimal or insignificant individual
38 and cumulative adverse impact on the water resources of the
39 state. The district or department shall provide written
40 notification as to whether the proposed activity qualifies for
41 the exemption within 30 days after receipt of a written notice
42 requesting the exemption. No activity under this exemption shall
43 commence until the district or department has provided written
44 notice that the activity qualifies for the exemption.
45 Section 2. This act shall take effect July 1, 2023.
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Statutes affected:
H 371 Filed: 373.406