Senate Bill 2238c2

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    Florida Senate - 1999                    CS for CS for SB 2238

    By the Committees on Fiscal Resource; Comprehensive Planning,
    Local and Military Affairs; and Senators Diaz-Balart,
    Kirkpatrick, Horne and Mitchell



    314-2161A-99

  1                      A bill to be entitled

  2         An act relating to limerock mining; amending s.

  3         373.4149, F.S., relating to the Miami-Dade

  4         County Lake Belt Plan; providing legislative

  5         intent; revising description of land included

  6         in the Miami-Dade County Lake Belt Area;

  7         providing for local land use jurisdiction and

  8         for land use compatibility within the Lake Belt

  9         Area; requiring certain notice of mining

10         activities; revising membership of the

11         Miami-Dade County Lake Belt Plan Implementation

12         Committee; providing additional requirements

13         for Phase II of the Lake Belt Plan; extending

14         the existence of the implementation committee;

15         deleting requirement for development of a

16         comprehensive mitigation plan; creating s.

17         373.41492, F.S.; imposing a mitigation fee on

18         commercial extraction of limerock and sand from

19         the Lake Belt Area; providing an exemption;

20         providing procedures for collection, report,

21         and disposition of fees; providing for

22         enforcement and penalties; providing duties and

23         authority of the Department of Revenue;

24         providing for rules; providing for annual

25         indexed fee increases after a specified date;

26         providing purpose of fees for wetlands

27         mitigation and specifying uses; requiring

28         approval of expenditures by an interagency

29         committee; providing membership of the

30         committee; providing that payment of the fee

31         satisfies certain mitigation requirements;

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  1         providing for suspension of the fee under

  2         certain circumstances; requiring interagency

  3         committee reports to the South Florida Water

  4         Management District and the Legislature;

  5         amending ss. 373.4415 and 378.4115, F.S.;

  6         correcting references to conform to the

  7         county's name change; providing severability;

  8         providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Section 373.4149, Florida Statutes, is

13  amended to read:

14         373.4149  Miami-Dade Dade County Lake Belt Plan.--

15         (1)  The Legislature hereby accepts and adopts the

16  recommendations contained in the Phase I Lake Belt Report and

17  Plan, known as the "Miami-Dade Dade County Lake Plan," dated

18  February 1997 and submitted by the Miami-Dade Dade County Lake

19  Belt Plan Implementation Committee.

20         (2)(a)  The Legislature recognizes that deposits of

21  limestone and sand suitable for production of construction

22  aggregates, cement, and road base materials are located in

23  limited areas of the state.

24         (b)  The Legislature recognizes that the deposit of

25  limestone available in South Florida is limited due to

26  urbanization to the east and the Everglades to the west.

27         (3)  The Miami-Dade Dade County Lake Belt Area is that

28  area bounded by the Florida Turnpike to the east, the

29  Miami-Dade-Broward Dade-Broward County line to the north,

30  Krome Avenue to the west and Tamiami Trail to the south

31  together with the land south of Tamiami Trail in sections 5,

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  1  6, 7, 8, 17, and 18, Township 54 South, Range 39 East, and in

  2  sections 11, 12, 13, 14, 23, 24, 25, 26, 35, and 36, Township

  3  54 South, Range 38 East less those portions of section 10,

  4  except the west one-half, section 11, except the northeast

  5  one-quarter and the east one-half of the northwest

  6  one-quarter, and tracts 38 through 41, and tracts 49 through

  7  64 inclusive, section 13, except tracts 17 through 35 and

  8  tracts 46 through 48, and section 14, except the west three

  9  quarters, Township 52 South, Range 39 East, lying north of the

10  Miami Canal, sections 35 and 36 and the east one-half of

11  sections 24 and 25, Township 53 South, Range 39 East and

12  Government Lots 1 and 2, lying between Townships 53 and 54

13  South, Range 39 East and those portions of sections 1 and 2,

14  Township 54 South, Range 39 East, lying north of Tamiami

15  Trail.

16         (4)  The identification of the Miami-Dade County Lake

17  Belt Area shall not preempt local land use jurisdiction,

18  planning, or regulatory authority in regard to the use of land

19  by private land owners. When amending local comprehensive

20  plans, or implementing zoning regulations, development

21  regulations, and other local regulations, Miami-Dade County,

22  shall strongly consider limestone mining activities and

23  ancillary operations, such as lake excavation, including use

24  of explosives, rock processing, cement, concrete and asphalt

25  products manufacturing, and ancillary activities, within the

26  rock mining supported and allowable areas of the Miami-Dade

27  County Lake Plan adopted by subsection (1); provided, however,

28  that limerock mining activities are consistent with wellfield

29  protection. Rezonings or amendments to local comprehensive

30  plans concerning properties that are located within 1 mile of

31  the Miami-Dade Lake Belt Area shall be compatible with

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  1  limestone mining activities. No rezonings, variances, or

  2  amendments to local comprehensive plans for any residential

  3  purpose may be approved for any property located in sections

  4  35 and 36 and the east one-half of sections 24 and 25,

  5  Township 53 South, Range 39 East until such time as there is

  6  no active mining within 2 miles of the property. This section

  7  does not preclude residential development that complies with

  8  current regulations.

  9         (5)  Beginning October 1, 1999, before the sale, lease,

10  or the issuance of a development order, including the approval

11  of a change in land use designation or zoning, for any real

12  property located inside the Miami-Dade Lake Belt Area or

13  within 2 miles of the boundary of the Miami-Dade Lake Belt

14  Area, the entity holding title to the real property is

15  required to submit a written affidavit of disclosure to

16  Miami-Dade County in a form prescribed by the county that is

17  suitable for recording:

18         (a)  Acknowledging the existence of limestone mining

19  activities involving the use of explosives within close

20  proximity of the real property proposed to be sold, leased,

21  used, or developed;

22         (b)  Agreeing to provide copies of the affidavit of

23  disclosure to all subsequent parties to whom whole or part

24  interest in the real property is transferred, by sale, lease,

25  or any other means; and

26         (c)  Acknowledging potential civil liability, as well

27  as fines and penalties that could result from failure to

28  provide disclosure under this section.

29

30  Failure to substantially comply with the provisions of this

31  subsection makes the sale of the real property or interest

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  1  therein voidable at the purchaser's option for a period of 7

  2  years from the date of the affidavit of disclosure.

  3         (6)(4)  The Miami-Dade Dade County Lake Belt Plan

  4  Implementation Committee shall be appointed by the governing

  5  board of the South Florida Water Management District to

  6  develop a strategy for the design and implementation of the

  7  Miami-Dade Dade County Lake Belt Plan. The committee shall

  8  consist of the chair of the governing board of the South

  9  Florida Water Management District, who shall serve as chair of

10  the committee, the policy director of Environmental and Growth

11  Management in the office of the Governor, the secretary of the

12  Department of Environmental Protection, the director of the

13  Division of Water Facilities Resource Management or its

14  successor division within the Department of Environmental

15  Protection, the director of the Office of Tourism, Trade, and

16  Economic Development within the office of the Governor, the

17  secretary of the Department of Community Affairs, the

18  executive director of the Game and Freshwater Fish Commission,

19  the director of the Department of Environmental Resource

20  Management of Miami-Dade Dade County, the director of the

21  Miami-Dade Dade County Water and Sewer Department, the

22  Director of Planning in Miami-Dade Dade County, a

23  representative of the Friends of the Everglades, a

24  representative of the Florida Audubon Society, a

25  representative of the Florida chapter of the Sierra Club, four

26  representatives a representative of the nonmining private

27  landowners within the Miami-Dade Dade County Lake Belt Area,

28  and four representatives from the limestone mining industry to

29  be appointed by the governing board of the South Florida Water

30  Management District. Two ex officio seats on the committee

31  will be filled by one member of the Florida House of

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  1  Representatives to be selected by the Speaker of the House of

  2  Representatives from among representatives whose districts, or

  3  some portion of whose districts, are included within the

  4  geographical scope of the committee as described in subsection

  5  (3), and one member of the Florida Senate to be selected by

  6  the President of the Senate from among senators whose

  7  districts, or some portion of whose districts, are included

  8  within the geographical scope of the committee as described in

  9  subsection (3).  The committee may appoint other ex officio

10  members, as needed, by a majority vote of all committee

11  members.  A committee member may designate in writing an

12  alternate member who, in the member's absence, may participate

13  and vote in committee meetings.

14         (7)(5)  The committee shall develop Phase II of the

15  Lake Belt Plan which shall:

16         (a)  Include a detailed master plan to further

17  implementation;

18         (b)  Consider the feasibility of a common mitigation

19  plan for nonrock mining uses, including a nonrock mining

20  mitigation fee. Any mitigation fee shall be for the limited

21  purpose of offsetting the loss of wetland functions and values

22  and not as a revenue source for other purposes.

23         (c)(b)  Further address compatible land uses,

24  opportunities, and potential conflicts;

25         (d)(c)  Provide for additional wellfield protection;

26         (e)(d)  Provide measures to prevent the

27  reclassification of the Northwest Miami-Dade Dade County wells

28  as groundwater under the direct influence of surface water;.

29         (f)(e)  Secure additional funding sources; and

30         (g)(f)  Consider the need to establish a land

31  authority; and.

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  1         (h)  Analyze the hydrological impacts resulting from

  2  the future mining included in the Lake Belt Plan and recommend

  3  appropriate mitigation measures, if needed, to be incorporated

  4  into the Lake Belt Mitigation Plan.

  5         (8)(6)  The committee shall remain in effect until

  6  January 1, 2002 2001, and shall meet as deemed necessary by

  7  the chair. The committee shall monitor and direct progress

  8  toward developing and implementing the plan. The committee

  9  shall submit progress reports to the governing board of the

10  South Florida Water Management District and the Legislature by

11  December 31 of each year. These reports shall include a

12  summary of the activities of the committee, updates on all

13  ongoing studies, any other relevant information gathered

14  during the calendar year, and the committee recommendations

15  for legislative and regulatory revisions. The committee shall

16  submit a Phase II report and plan to the governing board of

17  the South Florida Water Management District and the

18  Legislature by December 31, 2000, to supplement the Phase I

19  report submitted on February 28, 1997. The Phase II report

20  must include the detailed master plan for the Miami-Dade Dade

21  County Lake Belt Area together with the final reports on all

22  studies, the final recommendations of the committee, the

23  status of implementation of Phase I recommendations and other

24  relevant information, and the committee's recommendation for

25  legislative and regulatory revisions.

26         (9)(7)  The committee shall report to the governing

27  board of the South Florida Water Management District

28  semiannually.

29         (10)(8)  In carrying out its work, the committee shall

30  solicit comments from scientific and economic advisors and

31  governmental, public, and private interests. The committee

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  1  shall provide meeting notes, reports, and the strategy

  2  document in a timely manner for public comment.

  3         (11)(9)  The committee is authorized to seek from the

  4  agencies or entities represented on the committee any grants

  5  or funds necessary to enable it to carry out its charge.

  6         (10)  The Department of Environmental Protection, in

  7  conjunction with the South Florida Water Management District

  8  and the Dade County Department of Environmental Resources

  9  Management, is directed to develop a comprehensive mitigation

10  plan for the Dade County Lake Belt Plan, subject to approval

11  by the Legislature, which offsets the loss of wetland

12  functions and values resulting from rock mining in

13  mining-supported and allowable areas.

14         (12)(11)  The secretary of the Department of

15  Environmental Protection, the secretary of the Department of

16  Community Affairs, the secretary of the Department of

17  Transportation, the Commissioner of Agriculture, the executive

18  director of the Game and Freshwater Fish Commission, and the

19  executive director of the South Florida Water Management

20  District may enter into agreements with landowners,

21  developers, businesses, industries, individuals, and

22  governmental agencies as necessary to effectuate the

23  provisions of this section.

24         (13)(12)(a)  All agencies of the state shall review the

25  status of their landholdings within the boundaries of the

26  Miami-Dade Dade County Lake Belt. Those lands for which no

27  present or future use is identified must be made available,

28  together with other suitable lands, to the committee for its

29  use in carrying out the objectives of this act.

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  1         (b)  It is the intent of the Legislature that lands

  2  provided to the committee be used for land exchanges to

  3  further the objectives of this act.

  4         Section 2.  Section 373.41492, Florida Statutes, is

  5  created to read:

  6         373.41492  Miami-Dade County Lake Belt Mitigation Plan;

  7  mitigation for mining activities within the Miami-Dade County

  8  Lake Belt.--

  9         (1)  The Legislature finds that the impact of mining

10  within the rock mining supported and allowable areas of the

11  Miami-Dade County Lake Plan adopted by s. 373.4149(1) can best

12  be offset by the implementation of a comprehensive mitigation

13  plan as recommended in the 1998 Progress Report to the Florida

14  Legislature by the Miami-Dade County Lake Belt Plan

15  Implementation Committee. The Lake Belt Mitigation Plan

16  consists of those provisions contained in subsections (2)-(9).

17  The per-ton mitigation fee assessed on limestone sold from the

18  Miami-Dade County Lake Belt Area and sections 10, 11, 13, 14,

19  Township 52 South, Range 39 East, and sections 24, 25, 35, and

20  36, Township 53 South, Range 39 East, shall be used for

21  acquiring environmentally sensitive lands and for restoration,

22  maintenance, and other environmental purposes. It is the

23  intent of the Legislature that the per-ton mitigation fee

24  shall not be a revenue source for purposes other than

25  enumerated herein. Further, the Legislature finds that the

26  public benefit of a sustainable supply of limestone

27  construction materials for public and private projects

28  requires a coordinated approach to permitting activities on

29  wetlands within Miami-Dade County in order to provide the

30  certainty necessary to encourage substantial and continued

31  investment in the limestone processing plant and equipment

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  1  required to efficiently extract the limestone resource. It is

  2  the intent of the Legislature that the Lake Belt Mitigation

  3  Plan satisfy all local, state, and federal requirements for

  4  mining activity within the rock mining supported and allowable

  5  areas.

  6         (2)  To provide for the mitigation of wetland resources

  7  lost to mining activities within the Miami-Dade County Lake

  8  Belt Plan, effective October 1, 1999, a mitigation fee is

  9  imposed on each ton of limerock and sand extracted by any

10  person who engages in the business of extracting limerock or

11  sand from within the Miami-Dade County Lake Belt Area and

12  sections 10, 11, 13, 14, Township 52 South, Range 39 East, and

13  sections 24, 25, 35, and 36, Township 53 South, Range 39 East.

14  The mitigation fee is at the rate of 5 cents for each ton of

15  limerock and sand sold from within the properties where the

16  fee applies in raw, processed, or manufactured form,

17  including, but not limited to, sized aggregate, asphalt,

18  cement, concrete, and other limerock and concrete products.

19  Any limerock or sand that is used within the mine from which

20  the limerock or sand is extracted is exempt from the fee. The

21  amount of the mitigation fee imposed under this section must

22  be stated separately on the invoice provided to the purchaser

23  of the limerock or sand product from the limerock or sand

24  miner, or its subsidiary or affiliate, for which the

25  mitigation fee applies. The limerock or sand miner, or its

26  subsidiary or affiliate, who sells the limerock or sand

27  product shall collect the mitigation fee and forward the

28  proceeds of the fee to the Department of Revenue on or before

29  the 20th day of the month following the calendar month in

30  which the sale occurs.

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  1         (3)  The mitigation fee imposed by this section must be

  2  reported to the Department of Revenue. Payment of the

  3  mitigation fee must be accompanied by a form prescribed by the

  4  Department of Revenue. The proceeds of the fee, less

  5  administrative costs, must be transferred by the Department of

  6  Revenue to the South Florida Water Management District and

  7  deposited into the Lake Belt Mitigation Trust Fund. As used in

  8  this section, the term "proceeds of the fee" means all funds

  9  collected and received by the Department of Revenue under this

10  section, including interest and penalties on delinquent

11  mitigation fees. The amount deducted for administrative costs

12  may not exceed 3 percent of the total revenues collected under

13  this section and may equal only those administrative costs

14  reasonably attributable to the mitigation fee.

15         (4)(a)  The Department of Revenue shall administer,

16  collect, and enforce the mitigation fee authorized under this

17  section in accordance with the procedures used to administer,

18  collect, and enforce the general sales tax imposed under

19  chapter 212. The provisions of chapter 212 with respect to the

20  authority of the Department of Revenue to audit and make

21  assessments, the keeping of books and records, and the

22  interest and penalties imposed on delinquent fees apply to

23  this section. The fee may not be included in computing

24  estimated taxes under s. 212.11, and the dealer's credit for

25  collecting taxes or fees provided for in s. 212.12 does not

26  apply to the mitigation fee imposed by this section.

27         (b)  In administering this section, the Department of

28  Revenue may employ persons and incur expenses for which funds

29  are appropriated by the Legislature. The Department of Revenue

30  shall adopt rules and prescribe and publish forms necessary to

31

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  1  administer this section. The Department of Revenue shall

  2  establish audit procedures and may assess delinquent fees.

  3         (5)  Beginning January 1, 2001, and each January 1

  4  thereafter, the per-ton mitigation fee shall be increased by

  5  2.1 percentage points, plus a cost growth index. The cost

  6  growth index shall be the percentage change in the weighted

  7  average of the Employment Cost Index for All Civilian Workers

  8  (ecu 10001I), issued by the United States Department of Labor

  9  for the most recent 12-month period ending on September 30,

10  and the percentage change in the Producer Price Index for All

11  Commodities (WPU 00000000), issued by the United States

12  Department of Labor for the most recent 12-month period ending

13  on September 30, compared to the weighted average of these

14  indices for the previous year. The weighted average shall be

15  calculated as 0.6 times the percentage change in the

16  Employment Cost Index for All Civilian Workers (ecu 10001I),

17  plus 0.4 times the percentage change in the Producer Price

18  Index for All Commodities (WPU 00000000). If either index is

19  discontinued, it shall be replaced by its successor index, as

20  identified by the United States Department of Labor.

21         (6)(a)  The proceeds of the mitigation fee must be used

22  to conduct mitigation activities that are appropriate to

23  offset the loss of the value and functions of wetlands as a

24  result of mining activities and must be used in a manner

25  consistent with the recommendations contained in the reports

26  submitted to the Legislature by the Miami-Dade County Lake

27  Belt Plan Implementation Committee and adopted under s.

28  373.4149. Such mitigation may include the purchase,

29  enhancement, restoration, and management of wetlands and

30  uplands, the purchase of mitigation credit from a permitted

31  mitigation bank, and any structural modifications to the

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  1  existing drainage system to enhance the hydrology of the

  2  Miami-Dade County Lake Belt Area. Funds may also be used to

  3  reimburse other funding sources, including the Save Our Rivers

  4  Land Acquisition Program and the Internal Improvement Trust

  5  Fund, for the purchase of lands that were acquired in areas

  6  appropriate for mitigation due to rock mining and to reimburse

  7  governmental agencies that exchanged land under s. 373.4149

  8  for mitigation due to rockmining.

  9         (b)  Expenditures must be approved by an interagency

10  committee consisting of representatives from each of the

11  following:  the Miami-Dade County Department of Environmental

12  Resource Management, the Department of Environmental

13  Protection, the South Florida Water Management District, and

14  the Game and Fresh Water Fish Commission. In addition, the

15  limerock mining industry shall select a representative to

16  serve as a nonvoting member of the interagency committee. At

17  the discretion of the committee, additional members may be

18  added to represent federal regulatory, environmental, and fish

19  and wildlife agencies.

20         (7)  Payment of the fee imposed by this section

21  satisfies the mitigation requirements imposed under ss.

22  373.403-373.439 and any applicable county ordinance for loss

23  of the value and functions from mining of the wetlands

24  identified as rockmining supported and allowable areas of the

25  Miami-Dade County Lake Plan adopted by s. 373.4149(1). In

26  addition, it is the intent of the Legislature that the payment

27  of the mitigation fee imposed by this section satisfy all

28  federal mitigation requirements for the wetlands mined.

29         (8)  If a general permit by the United States Army

30  Corps of Engineers, or an appropriate long-term permit for

31  mining, consistent with the Miami-Dade County Lake Belt Plan,

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  1  this section, and ss. 373.4149, 373.4415, and 378.4115 is not

  2  issued on or before September 30, 2000, the fee imposed by

  3  this section is suspended until revived by the Legislature.

  4         (9)(a)  The interagency committee established in this

  5  section shall annually prepare and submit to the governing

  6  board of the South Florida Water Management District a report

  7  evaluating the mitigation costs and revenues generated by the

  8  mitigation fee.

  9         (b)  No sooner than January 31, 2010, and no more

10  frequently than every 10 years thereafter, the interagency

11  committee shall submit to the Legislature a report

12  recommending any needed adjustments to the mitigation fee to

13  ensure that the revenue generated reflects the actual costs of

14  the mitigation.

15         Section 3.  Section 373.4415, Florida Statutes, is

16  amended to read:

17         373.4415  Role of Miami-Dade Dade County in processing

18  permits for limerock mining in Miami-Dade Dade County Lake

19  Belt.--The department and Miami-Dade Dade County shall

20  cooperate to establish and fulfill reasonable requirements for

21  the departmental delegation to the Miami-Dade Dade County

22  Department of Environmental Resource Management of authority

23  to implement the permitting program under ss. 373.403-373.439

24  for limerock mining activities within the geographic area of

25  the Miami-Dade Dade County Lake Belt which was recommended for

26  mining in the report submitted to the Legislature in February

27  1997 by the Miami-Dade Dade County Lake Belt Plan

28  Implementation Committee under s. 373.4149. The delegation of

29  authority must be consistent with s. 373.441 and chapter

30  62-344, Florida Administrative Code. To further streamline

31  permitting within the Miami-Dade Dade County Lake Belt, the

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  1  department and Miami-Dade Dade County are encouraged to work

  2  with the United States Army Corps of Engineers to establish a

  3  general permit under s. 404 of the Clean Water Act for

  4  limerock mining activities within the geographic area of the

  5  Miami-Dade Dade County Lake Belt consistent with the report

  6  submitted in February 1997. Miami-Dade Dade County is further

  7  encouraged to seek delegation from the United States Army

  8  Corps of Engineers for the implementation of any such general

  9  permit. This section does not limit the authority of the

10  department to delegate other responsibilities to Miami-Dade

11  Dade County under this part.

12         Section 4.  Section 378.4115, Florida Statutes, is

13  amended to read:

14         378.4115  County certification for limerock mining in

15  the Miami-Dade Dade County Lake Belt.--The department and

16  Miami-Dade Dade County shall cooperate to establish and

17  fulfill reasonable requirements for the departmental

18  certification of the Miami-Dade Dade County Department of

19  Environmental Resource Management to implement the reclamation

20  program under ss. 378.401-378.503 for limerock mining

21  activities within the geographic area of the Miami-Dade Dade

22  County Lake Belt which was recommended for mining in the

23  report submitted to the Legislature in February 1997 by the

24  Miami-Dade Dade County Lake Belt Plan Implementation Committee

25  under s. 373.4149. The delegation of implementing authority

26  must be consistent with s. 378.411 and chapter 62C-36, Florida

27  Administrative Code. Further, the reclamation program shall

28  maximize the efficient mining of limestone and the littoral

29  area surrounding the lake excavations shall not be required to

30  be greater than 100 feet average in width.

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  1         Section 5.  If any provision of this act or the

  2  application thereof to any person or circumstance is held

  3  invalid, the invalidity shall not affect other provisions or

  4  applications of the act which can be given effect without the

  5  invalid provision or application, and to this end the

  6  provisions of this act are declared severable.

  7         Section 6.  This act shall take effect upon becoming a

  8  law.

  9

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                            CS/SB 2238

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13  The Committee Substitute makes technical corrections to the
    Lake Belt boundaries and other provisions of the bill, and
14  provides additional detail in the local use preemption
    provisions.
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