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FloridaSB 4922025Senate

Mitigation Banks

Sponsored By: Stan McClain (Republican)

Signed by Governor

AppropriationEnvironment and Natural ResourcesAppropriations Committee on Agriculture, Environment, and General GovernmentRulesHouse Calendar

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 0 costs, 4 mixed.

Credit decisions get deadlines and reporting

Beginning July 1, 2025, agencies follow set deadlines after determining outside-area or different-type mitigation is necessary. Agencies must contact banks covering the impact site within 7 business days after receiving the applicant’s accounting request. Banks have 15 business days to respond; silence means their credits are presumed unavailable. Agencies have 15 business days after receiving accountings to notify applicants, who can rely on the decision for six months. That protection covers only the pending application—not extensions, renewals, changes, or other applications. Reported different-type credits must be used, as the agency allows, before credits from another bank outside its service area. Banks must report credits available for sale each July 1, starting in 2026; they can omit reservation names, contract prices, and reserved credits. Agencies compile the accountings to assess the system and report to legislative leaders each October 1, starting in 2026.

Developers get limited outside-area credit options

Beginning July 1, 2025, applicants get one-time access to released outside-area credits after an agency finds suitable local credits insufficient. Applicants must meet wetland-offset and cumulative-impact requirements; outside credits cover only the shortage, with priority for banks whose areas fully include the site. The law removes automatic outside-area access for certain linear projects, projects partly within a service area, and projects affecting less than 1 acre. After the required shortage accounting, credit multipliers are 1.0 for matching-type credits within the service area or overlapping the same watershed, and 1.2 in an immediately adjacent watershed. When matching-type credits are unavailable in the adjacent watershed, each further watershed boundary crossed adds 0.25; replacement with a different habitat type adds 0.50. Using these multipliers satisfies the cited cumulative-impact requirement.

Local mitigation credits meet impact requirements

Beginning July 1, 2025, Florida agencies establish a service area for each mitigation bank and seek local government comments. Boundaries reflect watersheds, regional habitat networks, water-quality benefits, threatened species, regional plans, and the wetland impacts credits can offset. Service areas can overlap, but credits generally must be used within their bank’s area unless an exception applies. Each established area counts as a plan with regional ecological value. Using the bank’s credits within that area satisfies the law’s cumulative-impact requirement.

New credit release rules for mitigation banks

For Florida bank permits issued after July 1, 2025, the default credit-release schedule has four stages. Banks receive 30% after recording a conservation easement and establishing required financial assurances, then 30% after initial construction. Another 20% is released as interim goals are met, and 20% after final success goals. Preservation-only areas receive 100% after recording the easement and establishing financial assurances. Agencies must consider alternative schedules, but approval is not guaranteed. On request, agencies must apply the statutory schedule to existing permits without construction-completion credits already released; other permit terms stay unchanged. Agencies can allow partial releases by rule, but freshwater wetland creation credits require meeting the permit’s initial-construction success criteria. Credit withdrawals are minor permit changes with no processing fee.

Sponsors & Cosponsors

Sponsor

  • Stan McClain

    Republican • Senate

Cosponsors

  • Appropriations Committee on Agriculture, Environment, and General Government

    Affiliation unavailable

  • Rules

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 193 • No: 34

Senate vote • 5/2/2025

Senate Floor Vote

Yes: 30 • No: 3

House vote • 4/30/2025

House Floor Vote

Yes: 87 • No: 26

Senate vote • 4/29/2025

Senate Floor Vote

Yes: 35 • No: 3

Senate vote • 4/21/2025

Rules Vote

Yes: 22 • No: 1

Senate vote • 4/10/2025

Appropriations Committee on Agriculture, Environment, and General Government Vote

Yes: 11 • No: 0

Senate vote • 3/11/2025

Environment and Natural Resources Vote

Yes: 8 • No: 1

Actions Timeline

  1. Chapter No. 2025-191

    6/30/2025

  2. Approved by Governor

    6/26/2025

  3. Signed by Officers and presented to Governor

    6/18/2025

  4. Ordered engrossed, then enrolled -SJ 1138

    5/2/2025Senate

  5. CS passed as amended; YEAS 30 NAYS 3 -SJ 1138

    5/2/2025Senate

  6. Concurred in 1 amendment(s) (893499) -SJ 1138

    5/2/2025Senate

  7. In returning messages

    4/30/2025Senate

  8. CS passed as amended; YEAS 87, NAYS 26

    4/30/2025House

  9. Read 3rd time

    4/30/2025House

  10. Added to Third Reading Calendar

    4/30/2025House

  11. Placed on 3rd reading

    4/30/2025House

  12. Amendment 893499 adopted

    4/30/2025House

  13. Read 2nd time

    4/30/2025House

  14. 1st Reading (Engrossed 1)

    4/29/2025House

  15. Bill added to Special Order Calendar (4/30/2025)

    4/29/2025House

  16. Bill referred to House Calendar

    4/29/2025House

  17. In Messages

    4/29/2025House

  18. CS passed as amended; YEAS 35 NAYS 3 -SJ 604

    4/29/2025Senate

  19. Read 3rd time -SJ 604

    4/29/2025Senate

  20. Amendment(s) adopted (181416, 911276) -SJ 604

    4/29/2025Senate

  21. Read 2nd time -SJ 603

    4/29/2025Senate

  22. CS/CS by Rules read 1st time

    4/23/2025Senate

  23. Placed on Special Order Calendar, 04/29/25

    4/23/2025Senate

  24. Placed on Calendar, on 2nd reading

    4/22/2025Senate

  25. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

    4/22/2025Senate

Bill Text

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