Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Mitigation Banking topic
No spam. Unsubscribe anytime.
Senate adopts new rules for mitigation banking and credit accounting amid litigation concerns
Summary
Senate Bill 492, affecting mitigation banking and use of credits across basins, passed with amendments and drew bipartisan questions about constitutionality and legal challenges; the bill passed 35–3.
Senators passed Committee Substitute for Committee Substitute for Senate Bill 492, a land‑development measure that revises how mitigation banks and out‑of‑service credits are handled in Florida's permitting process.
Sponsor Senator McLean said the bill requires the Department of Environmental Protection and water management districts to determine mitigation service areas before out‑of‑service credits are used, prioritizes mitigation banks whose permitted service area includes the impact site, clarifies how proximity factors are applied, and requires DEP or a water management district to contact mitigation banks to get accounting of available credits. The bill also shortens the time frame that applicants may rely on the termination of credit availability.
Senators asked detailed questions about whether credits from far‑away basins (e.g., Panhandle versus Orlando) could be used and whether the changes would invite constitutional litigation. Leader Berman said he had concerns about potential legal challenges; Senator McLean argued the bill’s intent is to keep mitigation credits available near impact sites and to avoid litigation by ensuring credit availability in basins.
Floor action: amendments were adopted (including language addressing phosphate mining lands and a process for landowners to record notice and receive a radiation survey), and the bill passed on the floor with a recorded vote of 35 yeas and 3 nays. Sponsors said the measure aims to protect both development needs and environmental outcomes.
