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