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 863 2024
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 restoration,
7 enhancement, and creation activities and water quality
8 improvements on specified agricultural lands and
9 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; prohibiting
15 use of the exemption to establish mitigation banks or
16 regional offsite mitigation areas; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (9) of section 373.406, Florida
22 Statutes, is amended to read:
23 373.406 Exemptions.—The following exemptions shall apply:
24 (9) Implementation of measures or practices for having the
25 primary purpose of environmental restoration, enhancement, or
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0863-00
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 863 2024
26 creation activities or water quality improvements improvement on
27 lands classified as agricultural pursuant to s. 193.461 or
28 government-owned lands are exempt from regulation under this
29 part. The measures or practices may alter the topography of the
30 land, divert or impede the flow of surface waters on the land,
31 or impact wetlands, if the activities or improvements result in
32 a net increase in wetland resource functions. The activities or
33 improvements must be implemented to result in a wetland habitat
34 that resembles the characteristics of a wetland habitat in the
35 same region, such as an herbaceous or a forested wetland where
36 these measures or practices are determined by the district or
37 department, on a case-by-case basis, to have minimal or
38 insignificant individual and cumulative adverse impact on the
39 water resources of the state. The district or department shall
40 provide written notification as to whether the proposed activity
41 qualifies for the exemption within 30 days after receipt of a
42 written notice requesting the exemption. No activity under this
43 exemption shall commence until the district or department has
44 provided written notice that the activity qualifies for the
45 exemption. This exemption may not be used to establish a
46 mitigation bank or regional offsite mitigation area under s.
47 373.4135 or s. 373.4136.
48 Section 2. This act shall take effect July 1, 2024.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0863-00


Statutes affected:
H 863 Filed: 373.406