HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Diaz-Balart offered the following:
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13 Amendment to Amendment (265983) (with title amendment)
14 On page 5, line 22 through page 6, line 15 of the
15 amendment
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17 insert:
18 Section 3. Section 373.4149, Florida Statutes, is
19 amended to read:
20 373.4149 Miami-Dade County Lake Belt Plan.--
21 (1) The Legislature hereby accepts and adopts the
22 recommendations contained in the Phase I Lake Belt Report and
23 Plan, known as the "Miami-Dade County Lake Plan," dated
24 February 1997 and hereby accepts the Phase II Plan, submitted
25 on February 9, 2001 to the Legislature by the Miami-Dade
26 County Lake Belt Plan Implementation Committee. These plans
27 shall collectively be known as the Miami-Dade County Lake Belt
28 Plan. This plan was developed to enhance the water supply for
29 Miami-Dade County and the Everglades, including appropriate
30 wellfield protection measures; to maximize efficient recovery
31 of limestone while promoting the social and economic welfare
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HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 of the community and protecting the environment; and to
2 educate various groups and the general public of the benefits
3 of the plan.
4 (2)(a) The Legislature recognizes that deposits of
5 limestone and sand suitable for production of construction
6 aggregates, cement, and road base materials are located in
7 limited areas of the state.
8 (b) The Legislature recognizes that the deposit of
9 limestone available in South Florida is limited due to
10 urbanization to the east and the Everglades to the west.
11 (3) The Miami-Dade County Lake Belt Area is that area
12 bounded by the Ronald Reagan Turnpike to the east, the
13 Miami-Dade-Broward County line to the north, Krome Avenue to
14 the west and Tamiami Trail to the south together with the land
15 south of Tamiami Trail in sections 5, 6, 7, 8, 17, and 18,
16 Township 54 South, Range 39 East, sections 24, 25, and 36,
17 Township 54 South, Range 38 East less those portions of
18 section 3, south of Krome Avenue and west of U.S. Highway 27,
19 section 10, except the west one-half, section 11, except the
20 northeast one-quarter and the east one-half of the northwest
21 one-quarter, and tracts 38 through 41, and tracts 49 through
22 64 inclusive, section 13, except tracts 17 through 35 and
23 tracts 46 through 48, of Florida Fruit Lands Company
24 Subdivision No. 1 according to the plat thereof as recorded in
25 plat book 2, page 17, public records of Miami-Dade County, and
26 section 14, except the west three quarters, Township 52 South,
27 Range 39 East, lying north of the Miami Canal, sections 35 and
28 36 and the east one-half of sections 24 and 25, Township 53
29 South, Range 39 East and Government Lots 1 and 2, lying
30 between Townships 53 and 54 South, Range 39 East and those
31 portions of sections 1 and 2, Township 54 South, Range 39
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HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 East, lying north of Tamiami Trail.
2 (4) The identification of the Miami-Dade County Lake
3 Belt Area shall not preempt local land use jurisdiction,
4 planning, or regulatory authority in regard to the use of land
5 by private land owners. When amending local comprehensive
6 plans, or implementing zoning regulations, development
7 regulations, or other local regulations, Miami-Dade County
8 shall strongly consider limestone mining activities and
9 ancillary operations, such as lake excavation, including use
10 of explosives, rock processing, cement, concrete and asphalt
11 products manufacturing, and ancillary activities, within the
12 rock mining supported and allowable areas of the Miami-Dade
13 County Lake Plan adopted by subsection (1); provided, however,
14 that limerock mining activities are consistent with wellfield
15 protection. Rezonings or amendments to local comprehensive
16 plans concerning properties that are located within 1 mile of
17 the Miami-Dade Lake Belt Area shall be compatible with
18 limestone mining activities. No rezonings, variances, or
19 amendments to local comprehensive plans for any residential
20 purpose may be approved for any property located in sections
21 35 and 36 and the east one-half of sections 24 and 25,
22 Township 53 South, Range 39 East until such time as there is
23 no active mining within 2 miles of the property. This section
24 does not preclude residential development that complies with
25 current regulations.
26 (5) The Miami-Dade County Lake Belt Plan
27 Implementation Committee shall be appointed by the governing
28 board of the South Florida Water Management District to
29 develop a strategy for the design and implementation of the
30 Miami-Dade County Lake Belt Plan. The committee shall consist
31 of the chair of the governing board of the South Florida Water
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HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 Management District, who shall serve as chair of the
2 committee, the policy director of Environmental and Growth
3 Management in the office of the Governor, the secretary of the
4 Department of Environmental Protection, the director of the
5 Division of Water Facilities or its successor division within
6 the Department of Environmental Protection, the director of
7 the Office of Tourism, Trade, and Economic Development within
8 the office of the Governor, the secretary of the Department of
9 Community Affairs, the executive director of the Fish and
10 Wildlife Conservation Commission, the director of the
11 Department of Environmental Resource Management of Miami-Dade
12 County, the director of the Miami-Dade County Water and Sewer
13 Department, the Director of Planning in Miami-Dade County, a
14 representative of the Friends of the Everglades, a
15 representative of the Florida Audubon Society, a
16 representative of the Florida chapter of the Sierra Club, four
17 representatives of the nonmining private landowners within the
18 Miami-Dade County Lake Belt Area, and four representatives
19 from the limestone mining industry to be appointed by the
20 governing board of the South Florida Water Management
21 District. Two ex officio seats on the committee will be filled
22 by one member of the Florida House of Representatives to be
23 selected by the Speaker of the House of Representatives from
24 among representatives whose districts, or some portion of
25 whose districts, are included within the geographical scope of
26 the committee as described in subsection (3), and one member
27 of the Florida Senate to be selected by the President of the
28 Senate from among senators whose districts, or some portion of
29 whose districts, are included within the geographical scope of
30 the committee as described in subsection (3). The committee
31 may appoint other ex officio members, as needed, by a majority
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HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 vote of all committee members. A committee member may
2 designate in writing an alternate member who, in the member's
3 absence, may participate and vote in committee meetings.
4 (6) The committee shall develop Phase II of the Lake
5 Belt Plan which shall:
6 (a) Include a detailed master plan to further
7 implementation;
8 (b) Consider the feasibility of a common mitigation
9 plan for nonrock mining uses, including a nonrock mining
10 mitigation fee. Any mitigation fee shall be for the limited
11 purpose of offsetting the loss of wetland functions and values
12 and not as a revenue source for other purposes.
13 (c) Further address compatible land uses,
14 opportunities, and potential conflicts;
15 (d) Provide for additional wellfield protection;
16 (e) Provide measures to prevent the reclassification
17 of the Northwest Miami-Dade County wells as groundwater under
18 the direct influence of surface water;
19 (f) Secure additional funding sources;
20 (g) Consider the need to establish a land authority;
21 and
22 (h) Analyze the hydrological impacts resulting from
23 the future mining included in the Lake Belt Plan and recommend
24 appropriate mitigation measures, if needed, to be incorporated
25 into the Lake Belt Mitigation Plan.
26 (7) The committee shall remain in effect until January
27 1, 2002, and shall meet as deemed necessary by the chair. The
28 committee shall monitor and direct progress toward developing
29 and implementing the plan. The committee shall submit progress
30 reports to the governing board of the South Florida Water
31 Management District and the Legislature by December 31 of each
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HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 year. These reports shall include a summary of the activities
2 of the committee, updates on all ongoing studies, any other
3 relevant information gathered during the calendar year, and
4 the committee recommendations for legislative and regulatory
5 revisions. The committee shall submit a Phase II report and
6 plan to the governing board of the South Florida Water
7 Management District and the Legislature by December 31, 2000,
8 to supplement the Phase I report submitted on February 28,
9 1997. The Phase II report must include the detailed master
10 plan for the Miami-Dade County Lake Belt Area together with
11 the final reports on all studies, the final recommendations of
12 the committee, the status of implementation of Phase I
13 recommendations and other relevant information, and the
14 committee's recommendation for legislative and regulatory
15 revisions.
16 (8) The committee shall report to the governing board
17 of the South Florida Water Management District semiannually.
18 (9) In carrying out its work, the committee shall
19 solicit comments from scientific and economic advisors and
20 governmental, public, and private interests. The committee
21 shall provide meeting notes, reports, and the strategy
22 document in a timely manner for public comment.
23 (10) The committee is authorized to seek from the
24 agencies or entities represented on the committee any grants
25 or funds necessary to enable it to carry out its charge.
26 (5)(11) The secretary of the Department of
27 Environmental Protection, the secretary of the Department of
28 Community Affairs, the secretary of the Department of
29 Transportation, the Commissioner of Agriculture, the executive
30 director of the Fish and Wildlife Conservation Commission, and
31 the executive director of the South Florida Water Management
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HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 District may enter into agreements with landowners,
2 developers, businesses, industries, individuals, and
3 governmental agencies as necessary to effectuate the
4 Miami-Dade Lake Belt Plan and the provisions of this section.
5 (6)(12)(a) All agencies of the state shall review the
6 status of their landholdings within the boundaries of the
7 Miami-Dade County Lake Belt. Those lands for which no present
8 or future use is identified must be made available, together
9 with other suitable lands, to the Department of Environmental
10 Protection committee for its use in carrying out the
11 objectives of this act.
12 (b) It is the intent of the Legislature that lands
13 provided to the Department of Environmental Protection
14 committee be used for land exchanges to further the objectives
15 of this act.
16 Section 4. Section 373.4415, Florida Statutes, is
17 amended to read:
18 373.4415 Role of Miami-Dade County in processing
19 permits for limerock mining in Miami-Dade County Lake
20 Belt.--The department and Miami-Dade County shall cooperate to
21 establish and fulfill reasonable requirements for the
22 departmental delegation to the Miami-Dade County Department of
23 Environmental Resource Management of authority to implement
24 the permitting program under ss. 373.403-373.439 for limerock
25 mining activities within the geographic area of the Miami-Dade
26 County Lake Belt which was recommended for mining in the
27 report submitted to the Legislature in February 1997 by the
28 Miami-Dade County Lake Belt Plan Implementation Committee
29 under s. 373.4149. The delegation of authority must be
30 consistent with s. 373.441 and chapter 62-344, Florida
31 Administrative Code. To further streamline permitting within
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HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 the Miami-Dade County Lake Belt, the department and Miami-Dade
2 County are encouraged to work with the United States Army
3 Corps of Engineers to establish a general permit under s. 404
4 of the Clean Water Act for limerock mining activities within
5 the geographic area of the Miami-Dade County Lake Belt
6 consistent with the report submitted in February 1997.
7 Miami-Dade County is further encouraged to seek delegation
8 from the United States Army Corps of Engineers for the
9 implementation of any such general permit. This section does
10 not limit the authority of the department to delegate other
11 responsibilities to Miami-Dade County under this part.
12 Section 5. Section 378.4115, Florida Statutes, is
13 amended to read:
14 378.4115 County certification for limerock mining in
15 the Miami-Dade County Lake Belt.--The department and
16 Miami-Dade County shall cooperate to establish and fulfill
17 reasonable requirements for the departmental certification of
18 the Miami-Dade County Department of Environmental Resource
19 Management to implement the reclamation program under ss.
20 378.401-378.503 for limerock mining activities within the
21 geographic area of the Miami-Dade County Lake Belt which was
22 recommended for mining in the report submitted to the
23 Legislature in February 1997 by the Miami-Dade County Lake
24 Belt Plan Implementation Committee under s. 373.4149. The
25 delegation of implementing authority must be consistent with
26 s. 378.411 and chapter 62C-36, Florida Administrative Code.
27 Further, the reclamation program shall maximize the efficient
28 mining of limestone, and the littoral area surrounding the
29 lake excavations shall not be required to be greater than 100
30 feet average in width.
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HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 11, line 30 through 31 of the amendment
4 remove: all of said lines
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6 and insert in lieu thereof:
7 F.S.; providing for acceptance of the Phase II
8 Lake Belt Plan; clarifying boundaries of the
9 Miami-Dade County Lake Belt Area; eliminating
10 the Miami-Dade Lake Belt Plan Implementation
11 Committee; providing for certain lands to be
12 made available to the Department of
13 Environmental Protection to be used for land
14 exchanges; amending s. 373.4415, F.S.; deleting
15 an obsolete reference; amending s. 378.4115,
16 F.S.; deleting an obsolete reference; amending
17 s. 373.4595,
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