summary
Introduced
12/10/2025
12/10/2025
In Committee
12/16/2025
12/16/2025
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
An act relating to stormwater treatment; amending s. 311.106, F.S.; prohibiting certain stormwater treatment and net improvement activities; prohibiting certain water quality enhancement areas from conveying enhancement credits to provide stormwater treatment or achieve net improvement; amending s. 373.413, F.S.; defining the term “regional stormwater management system”; requiring that the Department of Environmental Protection or a water management district require an applicant to provide certain documentation of adequate financial responsibility in order to meet certain requirements; providing requirements for such financial responsibility; providing construction; requiring an environmental resource permit authorizing a regional stormwater management system to establish and include a specified graphic depiction; authorizing certain environmental resource permit applicants to purchase and use pollution reduction allocations from a regional stormwater management system to meet certain performance criteria; requiring the department or water management district to use a specified identifier to establish the drainage area; providing an exception; amending s. 373.403, F.S.; defining terms; amending s. 373.4134, F.S.; revising legislative findings; deleting the definition of the term “enhancement credit”; authorizing water quality enhancement credits to be used by governmental entities to meet environmental resource permit stormwater treatment performance standards or achieve net improvement, pursuant to specified provisions; providing that the use of enhancement credits from a water quality enhancement area constitutes compensating stormwater treatment under the environmental resource permitting program; prohibiting the term “credit” from being used to refer to pollutant reduction under certain circumstances; requiring the department to adopt rules by a specified date; requiring the department to take certain action pending the adoption of certain rules; requiring the department to issue a provisional permit under certain circumstances; authorizing enhancement credits to be used from certain water quality enhancement areas; providing construction; authorizing the department to modify permits after the adoption of rules; requiring the department and water management districts to recognize any enhancement credit used from a water quality enhancement area established pursuant to a provisional permit; amending s. 373.414, F.S.; clarifying the types of mitigation measures for compensating stormwater treatment which the department or a water management district governing board must consider under certain circumstances; making technical changes; reenacting s. 373.4136(6)(d), F.S., relating to establishment and operation of mitigation banks, to incorporate the amendment made to s. 373.414, F.S., in a reference thereto; providing an effective date.
AI Summary
This bill modifies Florida's stormwater management regulations to clarify and expand the use of "enhancement credits" and introduce "pollutant reduction allocations" from "regional stormwater management systems" (defined as systems designed to manage stormwater for a specific drainage area, often serving multiple properties). It prohibits certain entities, specifically non-local governmental operators of regional stormwater systems or water quality enhancement areas, from providing stormwater treatment or achieving "net improvement" (meaning a positive impact on water quality beyond simply meeting standards) for seaports not listed in a specific statute. The bill also requires applicants for environmental resource permits for regional stormwater systems to demonstrate adequate financial responsibility, such as through performance bonds or letters of credit, to ensure their long-term operation and maintenance. It allows environmental resource permit applicants to purchase pollutant reduction allocations from regional stormwater systems to meet performance criteria and defines "compensating stormwater treatment" as a method for managing stormwater discharges from multiple parcels. The legislation revises the definition of "enhancement credit" and clarifies that their use by governmental entities constitutes compensating stormwater treatment under the environmental resource permitting program, while also restricting the term "credit" for pollutant reduction outside of these specific enhancement areas. The bill mandates the Department of Environmental Protection (DEP) to adopt rules by October 1, 2026, and allows for provisional permits and the use of enhancement credits from areas established under such permits until permanent rules are in place. Finally, it clarifies mitigation measures for stormwater treatment, including the consideration of compensating stormwater treatment, and makes technical changes to existing statutes.
Committee Categories
Health and Social Services
Sponsors (1)
Other Sponsors (2)
Environment and Natural Resources (Senate), Rules (Senate)
Last Action
Placed on Special Order Calendar, 02/26/26 (on 02/23/2026)
Official Document
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