SENATE AMENDMENT
Bill No. CS for CS for SB 1312
Amendment No. ___ Barcode 192812
CHAMBER ACTION
Senate House
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11 Senator Alexander moved the following amendment:
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13 Senate Amendment
14 On page 13, line 1, through page 14, line 17, delete
15 those lines
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17 and insert:
18 Section 4. Subsections (5), (6), (7), (8), and (9) of
19 section 378.035, Florida Statutes, are amended to read:
20 378.035 Department responsibilities and duties with
21 respect to Nonmandatory Land Reclamation Trust Fund.--
22 (5) On July 1, 2001, $50 million of the unencumbered
23 Funds within the Nonmandatory Land Reclamation Trust Fund are
24 also authorized reserved for use by the department for the
25 following purposes:.
26 (a) These reserved moneys are to be used To reclaim
27 lands disturbed by the severance of phosphate rock on or after
28 July 1, 1975, in the event that a mining company ceases mining
29 and the associated reclamation prior to all lands disturbed by
30 the operation being reclaimed. Moneys expended by the
31 department to accomplish reclamation pursuant to this
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4:49 PM 04/28/03 s1312.nr17.Pf
SENATE AMENDMENT
Bill No. CS for CS for SB 1312
Amendment No. ___ Barcode 192812
1 subsection shall become a lien upon the property enforceable
2 pursuant to chapter 85. The moneys received as a result of a
3 lien foreclosure or as repayment shall be deposited into the
4 trust fund. In the event the money received as a result of
5 lien foreclosure or repayment is less than the amount expended
6 for reclamation, the department shall use all means available
7 to recover, for the use of the fund, the difference from the
8 affected parties. Paragraph (3)(b) shall apply to lands
9 acquired as a result of a lien foreclosure.
10 (b) The department may also expend funds from the $50
11 million reserve fund For the abatement of an imminent hazard
12 as provided by s. 403.4154(3) and for the purpose of closing
13 an abandoned phosphogypsum stack system and carrying out
14 postclosure care as provided by s. 403.4154(5). Fees deposited
15 in the Nonmandatory Land Reclamation Trust Fund pursuant to s.
16 403.4154(4) may be used for the purposes authorized in this
17 paragraph. Fowever, such fees may only be used at a stack
18 system if closure or imminent-hazard-abatement activities
19 initially commence on or after July 1, 2002.
20 (c)(6)(a) Up to one-half of the interest income
21 accruing to the funds reserved by subsection (5) shall be
22 available to the department annually For the purpose of
23 funding basic management or protection of reclaimed, restored,
24 or preserved phosphate lands:
25 1. Which have wildlife habitat value as determined by
26 the Bureau of Mine Reclamation;
27 2. Which have been transferred by the landowner to a
28 public agency or a private, nonprofit land conservation and
29 management entity in fee simple, or which have been made
30 subject to a conservation easement pursuant to s. 704.06; and
31 3. For which other management funding options are not
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SENATE AMENDMENT
Bill No. CS for CS for SB 1312
Amendment No. ___ Barcode 192812
1 available.
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3 These funds may, after the basic management or protection has
4 been assured for all such lands, be combined with other
5 available funds to provide a higher level of management for
6 such lands.
7 (d)(b) Up to one-half of the interest income accruing
8 to the funds reserved by subsection (5) shall be available to
9 the department annually For the sole purpose of funding the
10 department's implementation of:
11 1. The NPDES permitting program authorized by s.
12 403.0885, as it applies to phosphate mining and beneficiation
13 facilities, phosphate fertilizer production facilities, and
14 phosphate loading and handling facilities;
15 2. The regulation of dams in accordance with
16 department rule 62-672, Florida Administrative Code; and
17 3. The phosphogypsum management program pursuant to s.
18 403.4154 and department rule 62-673, Florida Administrative
19 Code.
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21 On or before August 1 of each fiscal year, the department
22 shall prepare a report presenting the expenditures using the
23 interest income allocated by this section made by the
24 department during the immediately preceding fiscal year, which
25 report shall be available to the public upon request.
26 (6)(7) Should the nonmandatory land reclamation
27 program encumber all the funds in the Nonmandatory Land
28 Reclamation Trust Fund except those reserved by subsection (5)
29 prior to funding all the reclamation applications for eligible
30 parcels, the funds reserved by subsection (5) shall be
31 available to the program to the extent required to complete
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SENATE AMENDMENT
Bill No. CS for CS for SB 1312
Amendment No. ___ Barcode 192812
1 the reclamation of all eligible parcels for which the
2 department has received applications.
3 (7)(8) The department may not accept any applications
4 for nonmandatory land reclamation programs after July 1, 2004
5 November 1, 2008.
6 (8)(9) The Bureau of Mine Reclamation shall review the
7 sufficiency of the Nonmandatory Land Reclamation Trust Fund to
8 support the stated objectives and report to the secretary
9 annually with recommendations as appropriate. The report
10 submittal for calendar year 2008 shall specifically address
11 the effect of providing a future refund of fees paid pursuant
12 to s. 403.4154(4) following certification of stack closure
13 pursuant to department rules, and the report shall be
14 submitted to the Governor, the President of the Senate, and
15 the Speaker of the House of Representatives on or before March
16 1, 2009.
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