HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
6
7
8
9
10 ______________________________________________________________
11 Representative(s) Diaz-Balart offered the following:
12
13 Amendment (with title amendment)
14 On page 5, line 22 through page 6, line 15 of the bill
15
16 insert:
17 Section 4. Section 373.4149, Florida Statutes, is
18 amended to read:
19 373.4149 Miami-Dade County Lake Belt Plan.--
20 (1) The Legislature hereby accepts and adopts the
21 recommendations contained in the Phase I Lake Belt Report and
22 Plan, known as the "Miami-Dade County Lake Plan," dated
23 February 1997 and hereby accepts the Phase II Plan, submitted
24 on February 9, 2001 to the Legislature by the Miami-Dade
25 County Lake Belt Plan Implementation Committee. These plans
26 shall collectively be known as the Miami-Dade County Lake Belt
27 Plan. This plan was developed to enhance the water supply for
28 Miami-Dade County and the Everglades, including appropriate
29 wellfield protection measures; to maximize efficient recovery
30 of limestone while promoting the social and economic welfare
31 of the community and protecting the environment; and to
1
File original & 9 copies 04/27/01
hep0001 10:35 am 01524-0112-753069
HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 educate various groups and the general public of the benefits
2 of the plan.
3 (2)(a) The Legislature recognizes that deposits of
4 limestone and sand suitable for production of construction
5 aggregates, cement, and road base materials are located in
6 limited areas of the state.
7 (b) The Legislature recognizes that the deposit of
8 limestone available in South Florida is limited due to
9 urbanization to the east and the Everglades to the west.
10 (3) The Miami-Dade County Lake Belt Area is that area
11 bounded by the Ronald Reagan Turnpike to the east, the
12 Miami-Dade-Broward County line to the north, Krome Avenue to
13 the west and Tamiami Trail to the south together with the land
14 south of Tamiami Trail in sections 5, 6, 7, 8, 17, and 18,
15 Township 54 South, Range 39 East, sections 24, 25, and 36,
16 Township 54 South, Range 38 East less those portions of
17 section 3, south of Krome Avenue and west of U.S. Highway 27,
18 section 10, except the west one-half, section 11, except the
19 northeast one-quarter and the east one-half of the northwest
20 one-quarter, and tracts 38 through 41, and tracts 49 through
21 64 inclusive, section 13, except tracts 17 through 35 and
22 tracts 46 through 48, of Florida Fruit Lands Company
23 Subdivision No. 1 according to the plat thereof as recorded in
24 plat book 2, page 17, public records of Miami-Dade County, and
25 section 14, except the west three quarters, Township 52 South,
26 Range 39 East, lying north of the Miami Canal, sections 35 and
27 36 and the east one-half of sections 24 and 25, Township 53
28 South, Range 39 East and Government Lots 1 and 2, lying
29 between Townships 53 and 54 South, Range 39 East and those
30 portions of sections 1 and 2, Township 54 South, Range 39
31 East, lying north of Tamiami Trail.
2
File original & 9 copies 04/27/01
hep0001 10:35 am 01524-0112-753069
HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 (4) The identification of the Miami-Dade County Lake
2 Belt Area shall not preempt local land use jurisdiction,
3 planning, or regulatory authority in regard to the use of land
4 by private land owners. When amending local comprehensive
5 plans, or implementing zoning regulations, development
6 regulations, or other local regulations, Miami-Dade County
7 shall strongly consider limestone mining activities and
8 ancillary operations, such as lake excavation, including use
9 of explosives, rock processing, cement, concrete and asphalt
10 products manufacturing, and ancillary activities, within the
11 rock mining supported and allowable areas of the Miami-Dade
12 County Lake Plan adopted by subsection (1); provided, however,
13 that limerock mining activities are consistent with wellfield
14 protection. Rezonings or amendments to local comprehensive
15 plans concerning properties that are located within 1 mile of
16 the Miami-Dade Lake Belt Area shall be compatible with
17 limestone mining activities. No rezonings, variances, or
18 amendments to local comprehensive plans for any residential
19 purpose may be approved for any property located in sections
20 35 and 36 and the east one-half of sections 24 and 25,
21 Township 53 South, Range 39 East until such time as there is
22 no active mining within 2 miles of the property. This section
23 does not preclude residential development that complies with
24 current regulations.
25 (5) The Miami-Dade County Lake Belt Plan
26 Implementation Committee shall be appointed by the governing
27 board of the South Florida Water Management District to
28 develop a strategy for the design and implementation of the
29 Miami-Dade County Lake Belt Plan. The committee shall consist
30 of the chair of the governing board of the South Florida Water
31 Management District, who shall serve as chair of the
3
File original & 9 copies 04/27/01
hep0001 10:35 am 01524-0112-753069
HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 committee, the policy director of Environmental and Growth
2 Management in the office of the Governor, the secretary of the
3 Department of Environmental Protection, the director of the
4 Division of Water Facilities or its successor division within
5 the Department of Environmental Protection, the director of
6 the Office of Tourism, Trade, and Economic Development within
7 the office of the Governor, the secretary of the Department of
8 Community Affairs, the executive director of the Fish and
9 Wildlife Conservation Commission, the director of the
10 Department of Environmental Resource Management of Miami-Dade
11 County, the director of the Miami-Dade County Water and Sewer
12 Department, the Director of Planning in Miami-Dade County, a
13 representative of the Friends of the Everglades, a
14 representative of the Florida Audubon Society, a
15 representative of the Florida chapter of the Sierra Club, four
16 representatives of the nonmining private landowners within the
17 Miami-Dade County Lake Belt Area, and four representatives
18 from the limestone mining industry to be appointed by the
19 governing board of the South Florida Water Management
20 District. Two ex officio seats on the committee will be filled
21 by one member of the Florida House of Representatives to be
22 selected by the Speaker of the House of Representatives from
23 among representatives whose districts, or some portion of
24 whose districts, are included within the geographical scope of
25 the committee as described in subsection (3), and one member
26 of the Florida Senate to be selected by the President of the
27 Senate from among senators whose districts, or some portion of
28 whose districts, are included within the geographical scope of
29 the committee as described in subsection (3). The committee
30 may appoint other ex officio members, as needed, by a majority
31 vote of all committee members. A committee member may
4
File original & 9 copies 04/27/01
hep0001 10:35 am 01524-0112-753069
HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 designate in writing an alternate member who, in the member's
2 absence, may participate and vote in committee meetings.
3 (6) The committee shall develop Phase II of the Lake
4 Belt Plan which shall:
5 (a) Include a detailed master plan to further
6 implementation;
7 (b) Consider the feasibility of a common mitigation
8 plan for nonrock mining uses, including a nonrock mining
9 mitigation fee. Any mitigation fee shall be for the limited
10 purpose of offsetting the loss of wetland functions and values
11 and not as a revenue source for other purposes.
12 (c) Further address compatible land uses,
13 opportunities, and potential conflicts;
14 (d) Provide for additional wellfield protection;
15 (e) Provide measures to prevent the reclassification
16 of the Northwest Miami-Dade County wells as groundwater under
17 the direct influence of surface water;
18 (f) Secure additional funding sources;
19 (g) Consider the need to establish a land authority;
20 and
21 (h) Analyze the hydrological impacts resulting from
22 the future mining included in the Lake Belt Plan and recommend
23 appropriate mitigation measures, if needed, to be incorporated
24 into the Lake Belt Mitigation Plan.
25 (7) The committee shall remain in effect until January
26 1, 2002, and shall meet as deemed necessary by the chair. The
27 committee shall monitor and direct progress toward developing
28 and implementing the plan. The committee shall submit progress
29 reports to the governing board of the South Florida Water
30 Management District and the Legislature by December 31 of each
31 year. These reports shall include a summary of the activities
5
File original & 9 copies 04/27/01
hep0001 10:35 am 01524-0112-753069
HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 of the committee, updates on all ongoing studies, any other
2 relevant information gathered during the calendar year, and
3 the committee recommendations for legislative and regulatory
4 revisions. The committee shall submit a Phase II report and
5 plan to the governing board of the South Florida Water
6 Management District and the Legislature by December 31, 2000,
7 to supplement the Phase I report submitted on February 28,
8 1997. The Phase II report must include the detailed master
9 plan for the Miami-Dade County Lake Belt Area together with
10 the final reports on all studies, the final recommendations of
11 the committee, the status of implementation of Phase I
12 recommendations and other relevant information, and the
13 committee's recommendation for legislative and regulatory
14 revisions.
15 (8) The committee shall report to the governing board
16 of the South Florida Water Management District semiannually.
17 (9) In carrying out its work, the committee shall
18 solicit comments from scientific and economic advisors and
19 governmental, public, and private interests. The committee
20 shall provide meeting notes, reports, and the strategy
21 document in a timely manner for public comment.
22 (10) The committee is authorized to seek from the
23 agencies or entities represented on the committee any grants
24 or funds necessary to enable it to carry out its charge.
25 (5)(11) The secretary of the Department of
26 Environmental Protection, the secretary of the Department of
27 Community Affairs, the secretary of the Department of
28 Transportation, the Commissioner of Agriculture, the executive
29 director of the Fish and Wildlife Conservation Commission, and
30 the executive director of the South Florida Water Management
31 District may enter into agreements with landowners,
6
File original & 9 copies 04/27/01
hep0001 10:35 am 01524-0112-753069
HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 developers, businesses, industries, individuals, and
2 governmental agencies as necessary to effectuate the
3 Miami-Dade Lake Belt Plan and the provisions of this section.
4 (6)(12)(a) All agencies of the state shall review the
5 status of their landholdings within the boundaries of the
6 Miami-Dade County Lake Belt. Those lands for which no present
7 or future use is identified must be made available, together
8 with other suitable lands, to the Department of Environmental
9 Protection committee for its use in carrying out the
10 objectives of this act.
11 (b) It is the intent of the Legislature that lands
12 provided to the Department of Environmental Protection
13 committee be used for land exchanges to further the objectives
14 of this act.
15 Section 5. Section 373.4415, Florida Statutes, is
16 amended to read:
17 373.4415 Role of Miami-Dade County in processing
18 permits for limerock mining in Miami-Dade County Lake
19 Belt.--The department and Miami-Dade County shall cooperate to
20 establish and fulfill reasonable requirements for the
21 departmental delegation to the Miami-Dade County Department of
22 Environmental Resource Management of authority to implement
23 the permitting program under ss. 373.403-373.439 for limerock
24 mining activities within the geographic area of the Miami-Dade
25 County Lake Belt which was recommended for mining in the
26 report submitted to the Legislature in February 1997 by the
27 Miami-Dade County Lake Belt Plan Implementation Committee
28 under s. 373.4149. The delegation of authority must be
29 consistent with s. 373.441 and chapter 62-344, Florida
30 Administrative Code. To further streamline permitting within
31 the Miami-Dade County Lake Belt, the department and Miami-Dade
7
File original & 9 copies 04/27/01
hep0001 10:35 am 01524-0112-753069
HOUSE AMENDMENT
Bill No. CS for SB 1524
Amendment No. ___ (for drafter's use only)
1 County are encouraged to work with the United States Army
2 Corps of Engineers to establish a general permit under s. 404
3 of the Clean Water Act for limerock mining activities within
4 the geographic area of the Miami-Dade County Lake Belt
5 consistent with the report submitted in February 1997.
6 Miami-Dade County is further encouraged to seek delegation
7 from the United States Army Corps of Engineers for the
8 implementation of any such general permit. This section does
9 not limit the authority of the department to delegate other
10 responsibilities to Miami-Dade County under this part.
11 Section 6. Section 378.4115, Florida Statutes, is
12 amended to read:
13 378.4115 County certification for limerock mining in
14 the Miami-Dade County Lake Belt.--The department and
15 Miami-Dade County shall cooperate to establish and fulfill
16 reasonable requirements for the departmental certification of
17 the Miami-Dade County Department of Environmental Resource
18 Management to implement the reclamation program under ss.
19 378.401-378.503 for limerock mining activities within the
20 geographic area of the Miami-Dade County Lake Belt which was
21 recommended for mining in the report submitted to the
22 Legislature in February 1997 by the Miami-Dade County Lake
23 Belt Plan Implementation Committee under s. 373.4149. The
24 delegation of implementing authority must be consistent with
25 s. 378.411 and chapter 62C-36, Florida Administrative Code.
26 Further, the reclamation program shall maximize the efficient
27 mining of limestone, and the littoral area surrounding the
28 lake excavations shall not be required to be greater than 100
29 feet average in width.
30
31
8
File original & 9 copies 04/27/01
hep0001 10:35 am 01524-0112-753069
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
4 remove from the title of the bill: all of said lines
5
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,
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9
File original & 9 copies 04/27/01
hep0001 10:35 am 01524-0112-753069