House Bill 1101

    Florida House of Representatives - 2000                HB 1101

        By Representative Posey






  1                      A bill to be entitled

  2         An act relating to environmental mitigation;

  3         amending s. 373.4137, F.S.; providing for the

  4         admissibility of specified costs in cases

  5         involving Department of Transportation

  6         mitigation projects; providing an effective

  7         date.

  8

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

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11         Section 1.  Subsection (3) of section 373.4137, Florida

12  Statutes, is amended to read:

13         373.4137  Mitigation requirements.--

14         (3)  To fund the mitigation plan for the projected

15  impacts identified in the inventory described in subsection

16  (2), the Department of Transportation shall identify funds

17  quarterly in an escrow account within the State Transportation

18  Trust Fund for the environmental mitigation phase of projects

19  budgeted by the Department of Transportation for the current

20  fiscal year. The escrow account will be maintained by the

21  Department of Transportation for the benefit of the Department

22  of Environmental Protection and the water management

23  districts.  Any interest earnings from the escrow account

24  shall remain with the Department of Transportation.  The

25  Department of Environmental Protection or water management

26  districts may request a transfer of funds from the escrow

27  account no sooner than 30 days prior to the date the funds are

28  needed to pay for activities associated with development or

29  implementation of the approved mitigation plan described in

30  subsection (4) for the current fiscal year, including, but not

31  limited to, design, engineering, production, and staff

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1101

    532-242-00






  1  support. Actual conceptual plan preparation costs incurred

  2  before plan approval may be submitted to the Department of

  3  Transportation and the Department of Environmental Protection

  4  by November 1 of each year with the plan. The conceptual plan

  5  preparation costs of each water management district will be

  6  paid based on the amount approved on the mitigation plan and

  7  allocated to the current fiscal year projects identified by

  8  the water management district.  The amount transferred to the

  9  escrow account each year by the Department of Transportation

10  shall correspond to a cost per acre of $75,000 multiplied by

11  the projected acres of impact identified in the inventory

12  described in subsection (2). However, the $75,000 cost per

13  acre does not constitute an admission against interest by the

14  state or its subdivisions nor is the cost admissible as

15  evidence of full compensation for any property acquired by

16  eminent domain or through inverse condemnation. Each July 1,

17  the cost per acre shall be adjusted by the percentage change

18  in the average of the Consumer Price Index issued by the

19  United States Department of Labor for the most recent 12-month

20  period ending September 30, compared to the base year average,

21  which is the average for the 12-month period ending September

22  30, 1996.  At the end of each year, the projected acreage of

23  impact shall be reconciled with the acreage of impact of

24  projects as permitted, including permit modifications,

25  pursuant to this part and s. 404 of the Clean Water Act, 33

26  U.S.C. s. 1344. The subject year's transfer of funds shall be

27  adjusted accordingly to reflect the overtransfer or

28  undertransfer of funds from the preceding year. The Department

29  of Transportation is authorized to transfer such funds from

30  the escrow account to the Department of Environmental

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1101

    532-242-00






  1  Protection and the water management districts to carry out the

  2  mitigation programs.

  3         Section 2.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Provides for the admissibility of specific costs in
      judicial proceedings involving environmental mitigation
  9    projects of the Department of Transportation.

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