The Key Provisions of Florida SB 848
CS/CS/SB 848 makes several targeted changes to Florida’s Environmental Resource Permit framework. Here is what the bill actually requires.
Credit Responsibility Transfers to the Generator
When an ERP applicant purchases a Water Quality Enhancement Area credit, legal responsibility for meeting applicable water quality treatment requirements transfers from the buyer to the WQEA credit generator. This mirrors the structure of wetland mitigation banking, where credit purchase shifts long-term compliance obligations away from the developer.
Compensating Treatment Now Authorized
ERP applicants can use compensating stormwater treatment as a mitigation measure when existing ambient water quality conditions prevent compliance with water quality standards. This formally expands the compliance toolkit available to developers in impaired watersheds.
Regional Stormwater Management Systems
ERP applicants for Regional Stormwater Management Systems must provide documentation of adequate financial responsibility. Permits must include a graphic depicting the drainage area served by the system. Applicants located within that drainage area may purchase pollution reduction allocations from the system to meet stormwater treatment performance criteria.
One important distinction: pollution reductions generated by regional stormwater systems cannot be called “credits.” That term is reserved exclusively for enhancement credits generated by a WQEA.
WQEA Rulemaking Timeline
DEP is required to adopt final WQEA rules by October 1, 2026. In the interim, DEP must accept applications for provisional permits and issue them when applicants demonstrate they meet applicable statutory criteria. Enhancement credits generated under provisional permits are valid and must be recognized without change after final rules are adopted.
Port Activity Restriction
Regional stormwater systems and WQEAs operated by non-local governmental entities may not provide stormwater treatment, achieve net water quality improvement, or convey enhancement credits for proposed port activities that cause or contribute to stormwater pollution at certain seaports.
Source:
Florida Senate. CS/CS/SB 848. 2026 Session.
