Florida Senate - 2024 SB 986



By Senator Burton





12-01241-24 2024986__
1 A bill to be entitled
2 An act relating to the management and storage of
3 surface waters; amending s. 373.406, F.S.; providing
4 an exemption from surface water management and storage
5 regulations for the implementation of certain measures
6 and practices for environmental restoration,
7 enhancement, and creation activities and water quality
8 improvements on specified agricultural and government
9 owned lands; specifying requirements for such measures
10 and practices; deleting requirements relating to
11 adverse impacts on water resources, certain
12 notification by the department and water management
13 districts, and commencement of activities; providing
14 an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (9) of section 373.406, Florida
19 Statutes, is amended to read:
20 373.406 Exemptions.—The following exemptions shall apply:
21 (9) Implementation of measures or practices for having the
22 primary purpose of environmental restoration, enhancement, or
23 creation activities or water quality improvements improvement on
24 lands classified as agricultural pursuant to s. 193.461 or
25 government-owned lands are exempt from regulation under this
26 part where these measures or practices are determined by the
27 district or department, on a case-by-case basis, to have minimal
28 or insignificant individual and cumulative adverse impact on the
29 water resources of the state.
30 (a) The measures or practices may alter the topography of a
31 tract of land, including activities and improvements that divert
32 or impede the flow of water on the property or impact wetlands,
33 if the activities or improvements result in a net increase in
34 wetland resource functions. The activities or improvements must
35 be implemented to result in a wetland habitat that resembles a
36 wetland habitat that exists in the region, such as a herbaceous
37 or forested wetland.
38 (b) This exemption may not be used to establish a
39 mitigation bank or offsite regional mitigation area pursuant to
40 s. 373.4135 or s. 373.4136, as applicable The district or
41 department shall provide written notification as to whether the
42 proposed activity qualifies for the exemption within 30 days
43 after receipt of a written notice requesting the exemption. No
44 activity under this exemption shall commence until the district
45 or department has provided written notice that the activity
46 qualifies for the exemption.
47 Section 2. This act shall take effect July 1, 2024.

Statutes affected:
S 986 Filed: 373.406