30682572, 62-342.100 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 30682572

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

MITIGATION BANKS

Overview

RULE:

62-342.100	Intent
62-342.200	Definitions
62-342.470	Establishment of Mitigation Credits
62-342.600	Mitigation Service Area
62-342.650	Land Use Restrictions on Mitigation Banks
62-342.700	Financial Responsibility

PURPOSE:

Chapter 62-342, F.A.C., provides the framework for permitting a mitigation bank and was last revised in 2015. The Department is proposing rule revisions to clarify the existing rule and to better align the state and federal mitigation bank programs. Section 3, Chapter 2022-215, Laws of Florida, directed the Department to adopt and modify rules adopted pursuant to ss. 373.4136 and 373.414, Florida Statutes, to ensure that required financial assurances are equivalent and sufficient to provide for the long-term management of mitigation permitted under ss. 373.4136 and 373.414, Florida Statutes.

SUBJECT:

The Department is proposing amendments to Chapter 62-342, F.A.C., to add definitions, clarify regulatory requirements, align state and federal mitigation bank programs, and update the requirements for financial assurance. Financial assurance is a required component in the establishment and operation of a mitigation bank pursuant to s. 373.4136, Florida Statutes. This rule development is intended to clarify and update the current requirements.

RULEMAKING AUTHORITY:

Chapter 2022-215, section 3, Laws of Florida, 373.4131, 373.4135(1), 373.4136(11), 373.414, F.S.

LAW:

373.4131, 373.4135, 373.4136, 403.0877, F.S.

PRINT PUBLISH DATE:

3/24/2026 Vol. 52/57

RELATED STATUTES
AND LAWS:

Chapter 2022-215, section 3, Laws of Florida, 373.4131, 373.4135(1), 373.4136(11), 373.414, F.S., 373.4131, 373.4135, 373.4136, 403.0877, F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=62-342.100&PDate=3/24/2026&Section=1

REFERENCE MATERIALS:

No reference(s).

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