CS/HB 7177

A bill to be entitled
2An act relating to water resources; amending s. 373.227,
3F.S.; revising provisions of the comprehensive statewide
4water conservation program to provide for a Conserve
5Florida Clearinghouse and a Conserve Florida Clearinghouse
6Guide to assist public water supply utilities in
7developing goal-based water conservation plans to meet
8water conservation requirements for obtaining consumptive
9use permits; encouraging water management districts and
10public water supply utilities to use the guide for water
11conservation plans, reports, evaluations, and assessments;
12revising requirements for goal-based water conservation
13plans submitted by public water supply utilities as part
14of consumptive use permit applications; deleting an
15obsolete provision requiring the Department of
16Environmental Protection to submit a report on the program
17to the Governor, the Legislature, and substantive
18legislative committees by a specified date; amending s.
19298.66, F.S.; revising provisions prohibiting the
20obstruction of certain drainage works; amending s.
21373.0361, F.S.; providing for the inclusion of wastewater
22utilities, reuse utilities, and the department in the
23regional water supply planning process; amending s.
24373.079, F.S.; revising provisions relating to the
25authority of a water management district governing board
26to employ an executive director, an inspector general,
27professional persons, and personnel; revising provisions
28authorizing a water management district governing board to
29delegate certain authority to the executive director;
30requiring the governing board to provide a process for
31referring certain denials to the board for final action;
32amending s. 373.083, F.S.; revising provisions authorizing
33a water management district governing board to delegate
34certain authority to the executive director; deleting a
35provision prohibiting governing board members from
36intervening in the review of certain applications;
37amending s. 373.085, F.S.; requiring water management
38districts and governmental agencies to encourage public-
39private partnerships for procurement of materials for
40infrastructure and restoration work projects; amending s.
41373.118, F.S.; authorizing a water management district
42governing board to delegate certain authority to the
43executive director; requiring a water management district
44governing board to provide a process for referring
45application and petition denials to the board for final
46action; exempting such delegations from rulemaking under
47ch. 120; amending s. 373.236, F.S.; reducing the frequency
48of compliance reports during the term of a consumptive use
49permit; providing an exception; amending s. 373.250, F.S.;
50requiring water management districts, in consultation with
51the department, to adopt rules relating to reclaimed water
52feasibility evaluations for consumptive use permit
53applicants; providing rule requirements; encouraging reuse
54utilities and water management districts to periodically
55coordinate and share information relating to reclaimed
56water; requiring water management districts to initiate
57certain rulemaking by a specified date; amending s.
58373.4135, F.S.; revising legislative intent relating to
59rules of the department and water management districts
60with respect to mitigation banks and offsite regional
61mitigation; providing for specified entities to
62voluntarily establish and operate certain mitigation
63projects; providing that memoranda of agreement for such
64projects are exempt from certain rule adoption; providing
65an effective date.
67Be It Enacted by the Legislature of the State of Florida:
69     Section 1.  Section 373.227, Florida Statutes, is amended
70to read:
71     373.227  Water conservation; legislative findings;
72legislative intent; objectives; comprehensive statewide water
73conservation program requirements.-
74     (1)  The Legislature recognizes that the proper
75conservation of water is an important means of achieving the
76economical and efficient utilization of water necessary, in
77part, to constitute a reasonable-beneficial use. The overall
78water conservation goal of the state is to prevent and reduce
79wasteful, uneconomical, impractical, or unreasonable use of
80water resources. The Legislature finds that the social,
81economic, and cultural conditions of the state relating to the
82use of public water supply vary by service area and that public
83water supply utilities must have the flexibility to tailor water
84conservation measures to best suit their individual
85circumstances. The Legislature encourages the use of efficient,
86effective, and affordable water conservation measures. Where
87water is provided by a public water supply utility, the
88Legislature intends that a variety of conservation measures be
89made available and used to encourage efficient water use. To
90achieve these conservation objectives, the state should
91emphasize goal-based, accountable, tailored, and measurable
92water conservation programs for public water supply. For
93purposes of this section, the term "public water supply utility"
94includes both publicly owned and privately owned public water
95supply utilities that sell potable water on a retail basis to
96end users.
97     (2)  To implement the findings in subsection (1), the
98department, in cooperation with the water management districts
99and other stakeholders, shall develop a comprehensive statewide
100water conservation program for public water supply. The program
102     (a)  Encourage utilities to implement water conservation
103programs that are economically efficient, effective, affordable,
104and appropriate;
105     (b)  Allow no reduction in, and increase where possible,
106utility-specific water conservation effectiveness over current
108     (c)  Be goal-based, accountable, measurable, and
109implemented collaboratively with water suppliers, water users,
110and water management agencies;
111     (d)  Include cost and benefit data on individual water
112conservation practices to assist in tailoring practices to be
113effective for the unique characteristics of particular utility
114service areas, focusing upon cost-effective measures;
115     (e)  Use standardized public water supply conservation
116definitions and standardized quantitative and qualitative
117performance measures for an overall system of assessing and
118benchmarking the effectiveness of water conservation programs
119and practices;
120     (f)  Create a Conserve Florida Clearinghouse or inventory
121for water conservation programs and practices available to
122public water supply utilities which will provide an integrated
123statewide database for the collection, evaluation, and
124dissemination of quantitative and qualitative information on
125public water supply conservation programs and practices and
126their effectiveness. The clearinghouse or inventory should have
127technical assistance capabilities to aid in the design,
128refinement, and implementation of water conservation programs
129and practices. The clearinghouse or inventory shall also provide
130for continual assessment of the effectiveness of water
131conservation programs and practices;
132     (g)  Develop a standardized water conservation planning
133process for utilities; and
134     (h)  Develop and maintain a Florida-specific Conserve
135Florida Clearinghouse Guide water conservation guidance document
136containing a menu of affordable and effective water conservation
137practices to assist public water supply utilities in the design
138and implementation of goal-based, utility-specific water
139conservation plans tailored for their individual service areas
140as provided in subsection (5) (4).
141     (3)  The Conserve Florida Clearinghouse Guide is recognized
142as an appropriate tool to assist public water supply utilities
143in developing goal-based water conservation plans to meet the
144water conservation requirements for obtaining consumptive use
145permits. Water management districts and public water supply
146utilities are encouraged to use the guide in developing water
147conservation plans, reporting on the implementation of water
148conservation practices and measures included in consumptive use
149permits, evaluating proposals for financial cost sharing of
150water conservation activities, and assessing the effectiveness
151of water conservation projects.
152     (4)(3)  Regarding the use of water conservation or drought
153rate structures as a conservation practice, a water management
154district shall afford a public water supply utility wide
155latitude in selecting a rate structure and shall limit its
156review to whether the utility has provided reasonable assurance
157that the rate structure contains a schedule of rates designed to
158promote efficient use of water by providing economic incentives.
159A water management district shall not fix or revise rates.
160     (5)(4)  As part of an application for a consumptive use
161permit, a public water supply utility may propose a goal-based
162water conservation plan that is tailored to its individual
163circumstances as a partial or entire alternative to the water
164conservation requirements adopted by the appropriate water
165management district. The public water supply utility is
166encouraged, but not required, to use the Conserve Florida
167Clearinghouse Guide in developing its goal-based water
168conservation plan. The plan shall include a schedule for
169implementing the water conservation goal or goals. The plan must
170include a means for measuring progress towards the water
171conservation goal or goals must be measurable.
172     (6)  If a public water supply utility elects to develop a
173goal-based water conservation plan, the utility shall submit the
174goal or goals and the plan to the appropriate water management
175district. The plan must be designed to achieve the water
176conservation goal or goals approved by the district in a cost-
177effective manner, considering the utility's customers, service
178area, and other individual circumstances of the utility. The
179water management district shall review the goal or goals and
180approve them if they are consistent with s. 373.223(1) and
181approve the plan if it meets the requirements of this section.
182If the utility provides reasonable assurance that the plan will
183achieve effective water conservation at least as well as the
184water conservation requirements adopted by the appropriate water
185management district and is otherwise consistent with s. 373.223,
186the district must approve the plan which shall satisfy water
187conservation requirements imposed as a condition of obtaining a
188consumptive use permit. The conservation measures included in an
189approved goal-based water conservation plan may be reviewed
190periodically and updated as needed to ensure efficient water use
191for the duration of the permit. If the plan fails to meet the
192water conservation goal or goals by the timeframes specified in
193the permit, the public water supply utility shall revise the
194plan to address the deficiency or employ the water conservation
195requirements that would otherwise apply in the absence of an
196approved goal-based plan.
197     (5)  By December 1, 2005, the department shall submit a
198written report to the President of the Senate, the Speaker of
199the House of Representatives, and the appropriate substantive
200committees of the Senate and the House of Representatives on the
201progress made in implementing the comprehensive statewide water
202conservation program for public water supply required by this
203section. The report must include any statutory changes and
204funding requests necessary for the continued development and
205implementation of the program.
206     (7)(6)  The department or a water management district may
207adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out
208the purposes of this section.
209     Section 2.  Section 298.66, Florida Statutes, is amended to
211      298.66  Obstruction of drainage canals, etc., prohibited;
212damages; penalties.-
213     (1)  A No person may not willfully, or otherwise, obstruct
214any public canal, drain, ditch, or watercourse or damage or
215destroy any public drainage works constructed in or maintained
216by any district.
217     (2)(1)  Any person who shall willfully obstructs obstruct
218any public canal, drain, ditch or watercourse or damages or
219destroys shall damage or destroy any public drainage works
220constructed in or maintained by any district is, shall be liable
221to any person injured thereby for the full amount of the injury
222occasioned to any land or crops or other property by reason of
223such misconduct, and is shall be liable to the district
224constructing the drainage said work for double the cost of
225removing the such obstruction or repairing the such damage.
226     (3)(2)  Any person who Whoever shall willfully, or
227otherwise, obstructs obstruct any public canal, drain, ditch, or
228watercourse, impedes or obstructs impede or obstruct the flow of
229water therein, or damages or destroys shall damage or destroy
230any public drainage works constructed in or maintained by any
231district commits shall be guilty of a felony of the third
232degree, punishable as provided in s. 775.082, s. 775.083, or s.
234     Section 3.  Subsection (1) of section 373.0361, Florida
235Statutes, is amended to read:
236     373.0361  Regional water supply planning.-
237     (1)  The governing board of each water management district
238shall conduct water supply planning for any water supply
239planning region within the district identified in the
240appropriate district water supply plan under s. 373.036, where
241it determines that existing sources of water are not adequate to
242supply water for all existing and future reasonable-beneficial
243uses and to sustain the water resources and related natural
244systems for the planning period. The planning must be conducted
245in an open public process, in coordination and cooperation with
246local governments, regional water supply authorities,
247government-owned and privately owned water and wastewater
248utilities, multijurisdictional water supply entities, self-
249suppliers, reuse utilities, the department, and other affected
250and interested parties. The districts shall actively engage in
251public education and outreach to all affected local entities and
252their officials, as well as members of the public, in the
253planning process and in seeking input. During preparation, but
254prior to completion of the regional water supply plan, the
255district must conduct at least one public workshop to discuss
256the technical data and modeling tools anticipated to be used to
257support the regional water supply plan. The district shall also
258hold several public meetings to communicate the status, overall
259conceptual intent, and impacts of the plan on existing and
260future reasonable-beneficial uses and related natural systems.
261During the planning process, a local government may choose to
262prepare its own water supply assessment to determine if existing
263water sources are adequate to meet existing and projected
264reasonable-beneficial needs of the local government while
265sustaining water resources and related natural systems. The
266local government shall submit such assessment, including the
267data and methodology used, to the district. The district shall
268consider the local government's assessment during the formation
269of the plan. A determination by the governing board that
270initiation of a regional water supply plan for a specific
271planning region is not needed pursuant to this section shall be
272subject to s. 120.569. The governing board shall reevaluate such
273a determination at least once every 5 years and shall initiate a
274regional water supply plan, if needed, pursuant to this
276     Section 4.  Subsection (4) of section 373.079, Florida
277Statutes, is amended to read:
278     373.079  Members of governing board; oath of office;
280     (4)(a)  The governing board of the district shall is
281authorized to employ:
282     (a)  An executive director, ombudsman, and such engineers,
283other professional persons, and other personnel and assistants
284as it deems necessary and under such terms and conditions as it
285may determine and to terminate such employment. The appointment
286of an executive director by the governing board is subject to
287approval by the Governor and must be initially confirmed by the
288Florida Senate. The governing board may delegate all or part of
289its authority under this paragraph to the executive director.
290However, the governing board shall delegate to the executive
291director all of its authority to take final action on permit
292applications under part II or part IV or petitions for variances
293or waivers of permitting requirements under part II or part IV,
294except for denials of such actions as provided in s. 373.083(5).
295The executive director may execute such delegated authority
296through designated staff members. Such delegations shall not be
297subject to the rulemaking requirements of chapter 120. The
298governing board must provide a process for referring a denial of
299such application or petition to the governing board for the
300purpose of taking final action. The executive director must be
301confirmed by the Senate upon employment and must be confirmed or
302reconfirmed by the Senate during the second regular session of
303the Legislature following a gubernatorial election.
304     (b)1.  The governing board of each water management
305district shall employ An inspector general, who shall report
306directly to the board. However, the governing boards of the
307Suwannee River Water Management District and the Northwest
308Florida Water Management District may jointly employ an
309inspector general, or provide for inspector general services by
310interagency agreement with a state agency or water management
311district inspector general.
312     2.  An inspector general must have the same qualifications
313prescribed and perform the applicable duties of state agency
314inspectors general as provided in s. 20.055.
315     Section 5.  Subsection (5) of section 373.083, Florida
316Statutes, is amended to read:
317     373.083  General powers and duties of the governing board.-
318In addition to other powers and duties allowed it by law, the
319governing board is authorized to:
320     (5)  Execute any of the powers, duties, and functions
321vested in the governing board through a member or members
322thereof, the executive director, or other district staff as
323designated by the governing board. The governing board may
324establish the scope and terms of any delegation. However, if the
325governing board delegates shall delegate to the executive
326director all of its authority to take final action on permit
327applications under part II or part IV or petitions for variances
328or waivers of permitting requirements under part II or part IV,
329and the executive director may execute such delegated authority
330through designated staff. Such delegations shall not be subject
331to the rulemaking requirements of chapter 120. However, the
332governing board must shall provide a process for referring a any
333denial of such application or petition to the governing board
334for the purpose of taking to take final action. Such process
335shall expressly prohibit any member of a governing board from
336intervening in any manner during the review of an application
337prior to such application being referred to the governing board
338for final action. The authority to delegate under in this
339subsection is supplemental to any other provision of this
340chapter granting authority to the governing board to delegate
341specific powers, duties, or functions.
342     Section 6.  Subsection (1) of section 373.085, Florida
343Statutes, is amended to read:
344     373.085  Use of works or land by other districts or private
346     (1)(a)  In order to promote water quantity and water
347resource development, projects that improve flood control, and
348conservation of lands, the district and other governmental
349agencies shall encourage public-private partnerships by
350collaborating, when possible, with those partnerships when
351procuring materials for infrastructure and restoration work
353     (b)  The governing board has authority to prescribe the
354manner in which local works provided by other districts or by
355private persons will connect with and make use of the works or
356land of the district, to issue permits therefor, and to cancel
357the permits for noncompliance with the conditions thereof or for
358other cause. It is unlawful to connect with or make use of the
359works or land of the district without consent in writing from
360its governing board, and the board has authority to prevent or,
361if done, estop or terminate the same. The use of the works or
362land of the district for access is governed by this section and
363is not subject to the provisions of s. 704.01. However, any land
364or works of the district which have historically been used for
365public access to the ocean by means of the North New River Canal
366and its tributaries may not be closed for this purpose unless
367the district can demonstrate that significant harm to the
368resource would result from such public use.
369     Section 7.  Subsection (5) is added to section 373.118,
370Florida Statutes, to read:
371     373.118  General permits; delegation.-
372     (5)  To improve efficiency, the governing board may
373delegate its powers and duties pertaining to general permits to
374the executive director. The executive director may execute such
375delegated authority through designated staff. However, when
376delegating the authority to take final action on permit
377applications under part II or petitions for variances or waivers
378of permitting requirements under part II, the governing board
379must provide a process for referring a denial of such
380application or petition to the governing board for the purpose
381of taking final action. Such delegations shall not be subject to
382the rulemaking requirements of chapter 120.
383     Section 8.  Subsection (4) of section 373.236, Florida
384Statutes, is amended to read:
385     373.236  Duration of permits; compliance reports.-
386     (4)  Where necessary to maintain reasonable assurance that
387the conditions for issuance of a 20-year permit can continue to
388be met, the governing board or department, in addition to any
389conditions required pursuant to s. 373.219, may require a
390compliance report by the permittee every 10 5 years during the
391term of a permit. The Suwannee River Water Management District
392may require a compliance report by the permittee every 5 years
393through July 1, 2015, and thereafter every 10 years during the
394term of the permit. This report shall contain sufficient data to
395maintain reasonable assurance that the initial conditions for
396permit issuance are met. Following review of this report, the
397governing board or the department may modify the permit to
398ensure that the use meets the conditions for issuance. Permit
399modifications pursuant to this subsection shall not be subject
400to competing applications, provided there is no increase in the
401permitted allocation or permit duration, and no change in
402source, except for changes in source requested by the district.
403This subsection shall not be construed to limit the existing
404authority of the department or the governing board to modify or
405revoke a consumptive use permit.
406     Section 9.  Paragraphs (c) and (d) are added to subsection
407(3) of section 373.250, Florida Statutes, subsections (4) and
408(5) of that section are renumbered as subsections (5) and (6),
409respectively, and a new subsection (4) is added to that section,
410to read:
411     373.250  Reuse of reclaimed water.-
412     (3)  The water management district shall, in consultation
413with the department, adopt rules to implement this section. Such
414rules shall include, but not be limited to:
415     (c)  Provisions to require permit applicants to provide, as
416part of their reclaimed water feasibility evaluation for a
417nonpotable use, written documentation from a reuse utility
418addressing the availability of reclaimed water. This requirement
419shall apply when the applicant's proposed use is within an area
420that is or may be served with reclaimed water by a reuse utility
421within a 5-year horizon, as established by the reuse utility and
422provided to the district. If the applicable reuse utility fails
423to respond or does not provide the information required under
424paragraph (d) within 30 days after receipt of the request, the
425applicant shall provide to the district a copy of the written
426request and a statement that the utility failed to provide the
427requested information. The district is not required to adopt, by
428rule, the area where written documentation from a reuse utility
429is required, but the district shall publish the area, and any
430updates thereto, on the district's website. This paragraph may
431not be construed to limit the ability of a district to require
432the use of reclaimed water or to limit a utility's ability to
433plan reclaimed water infrastructure.
434     (d)  Provisions specifying the content of the documentation
435required in paragraph (c), including sufficient information
436regarding the availability and costs associated with the
437connection to and the use of reclaimed water, to facilitate the
438permit applicant's reclaimed water feasibility evaluation.
439     (4)  Reuse utilities and the applicable water management
440district or districts are encouraged to periodically coordinate
441and share information concerning the status of reclaimed water
442distribution system construction, the availability of reclaimed
443water supplies, and existing consumptive use permits in areas
444served by the reuse utility.
445     Section 10.  The water management districts shall initiate
446rulemaking no later than July 1, 2011, to implement the
447requirements of s. 373.250(3)(c) and (d), Florida Statutes, as
448created by this act.
449     Section 11.  Paragraph (b) of subsection (1) and subsection
450(6) of section 373.4135, Florida Statutes, are amended to read:
451     373.4135  Mitigation banks and offsite regional
453     (1)  The Legislature finds that the adverse impacts of
454activities regulated under this part may be offset by the
455creation, maintenance, and use of mitigation banks and offsite
456regional mitigation. Mitigation banks and offsite regional
457mitigation can enhance the certainty of mitigation and provide
458ecological value due to the improved likelihood of environmental
459success associated with their proper construction, maintenance,
460and management. Therefore, the department and the water
461management districts are directed to participate in and
462encourage the establishment of private and public mitigation
463banks and offsite regional mitigation. Mitigation banks and
464offsite regional mitigation should emphasize the restoration and
465enhancement of degraded ecosystems and the preservation of
466uplands and wetlands as intact ecosystems rather than alteration
467of landscapes to create wetlands. This is best accomplished
468through restoration of ecological communities that were
469historically present.
470     (b)  It is the further intent of the Legislature that the
471rules of the department and the water management districts
472consider mitigation banks and offsite regional mitigation to be
473considered appropriate and a permittable mitigation; that the
474rules of the department and the water management districts
475regarding the use of mitigation banks be consistent with the
476provisions of 33 C.F.R. s. 332.3(b), recognizing and not
477superseding other specific mitigation provisions of this part,
478such as the provisions of s. 373.414(6), the provisions of
479chapter 378, and mitigation projects or programs set forth in
480existing permits, while also recognizing circumstances unique to
481activities within the state; and that such rules not require the
482user of a mitigation bank to demonstrate that onsite mitigation
483is not expected to have comparable long-term viability as a
484mitigation bank or to demonstrate that use of a mitigation bank
485would provide greater improvement in ecological value than
486onsite mitigation option under the conditions specified by the
487rules of the department and water management districts.
488     (6)  An environmental creation, preservation, enhancement,
489or restoration project, including regional offsite mitigation
490areas, for which money is donated or paid as mitigation, that is
491sponsored by the department, a water management district, or a
492local government and provides mitigation for five or more
493applicants for permits under this part, or for 35 or more acres
494of adverse impacts, shall be established and operated under a
495memorandum of agreement. The memorandum of agreement shall be
496between the governmental entity proposing the mitigation project
497and the department or water management district, as appropriate.
498Such memorandum of agreement need not be adopted by rule. For
499the purposes of this subsection, one creation, preservation,
500enhancement, or restoration project shall mean one or more
501parcels of land with similar ecological communities that are
502intended to be created, preserved, enhanced, or restored under a
503common scheme. A not-for-profit private entity that undertakes a
504mitigation project as described in this subsection may
505voluntarily elect to establish and operate such mitigation
506project under a memorandum of agreement with the department or
507water management district. Such memorandum of agreement need not
508be adopted by rule.
509     (a)  For any ongoing creation, preservation, enhancement,
510or restoration project and regional offsite mitigation area
511sponsored by the department, a water management district, or a
512local government, for which money was or is paid as mitigation,
513that was begun prior to the effective date of this subsection
514and has operated as of the effective date of this subsection, or
515is anticipated to operate, in excess of the mitigation
516thresholds provided in this subsection, the governmental entity
517sponsoring such project shall submit a draft memorandum of
518agreement to the water management district or department by
519October 1, 2000. The governmental entity sponsoring such project
520shall make reasonable efforts to obtain the final signed
521memorandum of agreement within 1 year after such submittal. The
522governmental entity sponsoring such project may continue to
523receive moneys donated or paid toward the project as mitigation,
524provided the requirements of this paragraph are met.
525     (b)  The memorandum of agreement shall establish criteria
526that each environmental creation, preservation, enhancement, or
527restoration project must meet. These criteria must address the
528elements listed in paragraph (c). The entity sponsoring such
529project, or category of projects, shall submit documentation or
530other evidence to the water management district or department
531that the project meets, or individual projects within a category
532meet, the specified criteria.
533     (c)  At a minimum, the memorandum of agreement must address
534the following for each project authorized:
535     1.  A description of the work that will be conducted on the
536site and a timeline for completion of such work.
537     2.  A timeline for obtaining any required environmental
538resource permit.
539     3.  The environmental success criteria that the project
540must achieve.
541     4.  The monitoring and long-term management requirements
542that must be undertaken for the project.
543     5.  An assessment of the project in accordance with s.
544373.4136(4)(a)-(i), until the adoption of the uniform wetland
545mitigation assessment method pursuant to s. 373.414(18).
546     6.  A designation of the entity responsible for the
547successful completion of the mitigation work.
548     7.  A definition of the geographic area where the project
549may be used as mitigation established using the criteria of s.
551     8.  Full cost accounting of the project, including annual
552review and adjustment.
553     9.  Provision and a timetable for the acquisition of any
554lands necessary for the project.
555     10.  Provision for preservation of the site.
556     11.  Provision for application of all moneys received
557solely to the project for which they were collected.
558     12.  Provision for termination of the agreement and
559cessation of use of the project as mitigation if any material
560contingency of the agreement has failed to occur.
561     (d)  A single memorandum of understanding may authorize
562more than one environmental creation, preservation, enhancement,
563or restoration project, or category of projects, as long as the
564elements listed in paragraph (c) are addressed for each project.
565     (e)  Projects governed by this subsection, except for
566projects established pursuant to subsection (7), shall be
567subject to the provisions of s. 373.414(1)(b)1.
568     (f)  The provisions of this subsection shall not apply to
569mitigation areas established to implement the provisions of s.
571     (g)  The provisions of this subsection shall not apply when
572the department, water management district, or local government
573establishes, or contracts with a private entity to establish, a
574mitigation bank permitted under s. 373.4136. The provisions of
575this subsection shall not apply to other entities that establish
576offsite regional mitigation as defined in this section and s.
578     Section 12.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.

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