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Florida House approves changes to wetland mitigation credits after heated debate
Summary
The Florida House passed CS for CS for SB 492 on final passage after structured debate over wetland mitigation credits, the use of out-of-kind and out-of-service-area credits, and credit release schedules. The vote was 87-26.
The Florida House voted 87-26 on April 30 to pass CS for CS for Senate Bill 492, legislation that changes state rules for wetland mitigation credits, prioritizes mitigation banks whose permitted service area fully includes an impact site and alters credit release schedules.
Supporters including Representative Duggan said the bill clarifies how mitigation banks and the Department of Environmental Protection should coordinate credit accounting and limits the proximity factor to cases where a credit deficiency has been established. Duggan also said the bill extends DEP's response time when contacting mitigation banks from three to seven days and shortens how long applicants may rely on a credit-availability determination from one year to six months.
Opponents, led by Representative Cross during structured debate, called the bill “a bad bill that puts the interests of developers over the resilience of our state,” arguing it lets developers use mitigation credits located far from the impact site, risks front-loading credit sales before restoration is completed, and could lead to permanent habitat loss. Cross warned that allowing out-of-service-area credits to substitute for local mitigation could recreate wetlands “far from the communities where their services are needed.”
An amendment offered by Representative Duggan removed a statutory defense from strict liability under the Water Quality Assurance Act tied to pollution from former phosphate mines; the House adopted that amendment before final passage. Duggan acknowledged language from interest groups including the Mitigation Bankers Association, the Florida Home Builders Association and Audubon Society had influenced the bill.
The measure will now head to the governor after the House vote. The bill text sets rules for when DEP or a water management district must contact mitigation banks for an accounting of available credits, prioritizes banks with overlapping service areas, and restricts use of out-of-service-area credits until out-of-kind credits in the service area are exhausted.
Votes at a glance: The clerk recorded 87 yeas and 26 nays on final passage.
Background: Mitigation credits are used to offset permitted impacts to wetlands; critics said the bill risks replacing locally valuable wetland functions with off-site mitigation and could delay ecological benefits when credits are released before restoration is complete.
