SENATE AMENDMENT
    Bill No. HB 1363, 1st Eng.
    Amendment No. ___   Barcode 841238
                            CHAMBER ACTION
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11  Senator Alexander moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 211.3103, Florida Statutes, is
18  amended to read:
19         211.3103  Levy of tax on severance of phosphate rock;
20  rate, basis, and distribution of tax.--
21         (1)  There is hereby levied an excise tax upon every
22  person engaging in the business of severing phosphate rock
23  from the soils or waters of this state for commercial use. The
24  tax shall be collected, administered, and enforced by the
25  department.
26         (2)  Beginning July 1, 2003, the proceeds of all taxes,
27  interest, and penalties imposed under this section shall be
28  paid into the State Treasury as follows:
29         (a)  The first $10 million in revenue collected from
30  the tax during each fiscal year shall be paid to the credit of
31  the Conservation and Recreation Lands Trust Fund.
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SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 (b) The remaining revenues collected from the tax 2 during that fiscal year, after the required payment under 3 paragraph (a), shall be paid into the State Treasury as 4 follows: 5 1. For payment to counties in proportion to the number 6 of tons of phosphate rock produced from a phosphate rock 7 matrix located within such political boundary, 18.75 percent. 8 The department shall distribute this portion of the proceeds 9 annually based on production information reported by the 10 producers on the annual returns for the taxable year. Any such 11 proceeds received by a county shall be used only for phosphate 12 related expenses. 13 2. For payment to counties that have been designated a 14 Rural Area of Critical Economic Concern pursuant to s. 15 288.0656 in proportion to the number of tons of phosphate rock 16 produced from a phosphate rock matrix located within such 17 political boundary, 18.75 percent. The department shall 18 distribute this portion of the proceeds annually based on 19 production information reported by the producers on the annual 20 returns for the taxable year. 21 3. To the credit of the Phosphate Research Trust Fund 22 in the Department of Education, Division of Universities, 23 11.25 percent. 24 4. To the credit of the Minerals Trust Fund, 11.25 25 percent. 26 5. To the credit of the Nonmandatory Land Reclamation 27 Trust Fund, 40 percent. 28 (3) Beginning July 1, 2004, the proceeds of all taxes, 29 interest, and penalties imposed under this section shall be 30 paid into the State Treasury as follows: 31 (a) The first $10 million in revenue collected from 2 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 the tax during each fiscal year shall be paid to the credit of 2 the Conservation and Recreation Lands Trust Fund. 3 (b) The remaining revenues collected from the tax 4 during that fiscal year, after the required payment under 5 paragraph (a), shall be paid into the State Treasury as 6 follows: 7 1. To the credit of the General Revenue Fund of the 8 state, 41 percent. 9 2. For payment to counties in proportion to the number 10 of tons of phosphate rock produced from a phosphate rock 11 matrix located within such political boundary, 16.5 percent. 12 The department shall distribute this portion of the proceeds 13 annually based on production information reported by the 14 producers on the annual returns for the taxable year. Any such 15 proceeds received by a county shall be used only for phosphate 16 related expenses. 17 3. For payment to counties that have been designated a 18 Rural Area of Critical Economic Concern pursuant to s. 19 288.0656 in proportion to the number of tons of phosphate rock 20 produced from a phosphate rock matrix located within such 21 political boundary, 16.5 percent. The department shall 22 distribute this portion of the proceeds annually based on 23 production information reported by the producers on the annual 24 returns for the taxable year. 25 4. To the credit of the Phosphate Research Trust Fund 26 in the Department of Education, Division of Universities, 9 27 percent. 28 5. To the credit of the Minerals Trust Fund, 9 29 percent. 30 6. To the credit of the Nonmandatory Land Reclamation 31 Trust Fund, 8 percent. 3 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 (4) Funds distributed pursuant to subparagraphs 2 (2)(b)2. and (3)(b)3. shall be used for the following 3 purposes: 4 1. For planning, preparing, and financing of 5 infrastructure projects for job creation and capital 6 investment, especially those related to industrial and 7 commercial sites. Infrastructure investments may include the 8 following public or public-private partnership facilities: 9 stormwater systems; telecommunications facilities; roads or 10 other remedies to transportation impediments; nature-based 11 tourism facilities; or other physical requirements necessary 12 to facilitate trade and economic development activities. 13 2. For maximizing the use of federal, local, and 14 private resources, including, but not limited to, those 15 available under the Small Cities Community Development Block 16 Grant Program. 17 3. For projects that improve inadequate infrastructure 18 that has resulted in regulatory action that prohibits economic 19 or community growth, provided that such projects are related 20 to specific job creation or job retention opportunities. 21 (5) Beginning January 1, 2004, the tax rate shall be 22 the base rate of $1.62 per ton severed. 23 (6) Beginning January 1, 2005, and annually 24 thereafter, the tax rate shall be the base rate times the base 25 rate adjustment for the tax year as calculated by the 26 department in accordance with subsection (8). 27 (2) The proceeds of all taxes, interest, and penalties 28 imposed under this section shall be paid into the State 29 Treasury through June 30, 1995, as follows: 30 (a) The first $10 million in revenue collected from 31 the tax during each fiscal year shall be paid to the credit of 4 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 the Conservation and Recreation Lands Trust Fund. 2 (b) The remaining revenues collected from the tax 3 during that fiscal year, after the required payment under 4 paragraph (a), shall be paid into the State Treasury as 5 follows: 6 1. To the credit of the General Revenue Fund of the 7 state, 60 percent. However, from this amount the amounts of 8 $7.4 million, $8.2 million, and $8.1 million, respectively, 9 shall be transferred to the Nonmandatory Land Reclamation 10 Trust Fund on January 1, 1993, January 1, 1994, and January 1, 11 1995. 12 2. To the credit of the Nonmandatory Land Reclamation 13 Trust Fund which is established for reclamation and 14 acquisition of unreclaimed lands disturbed by phosphate mining 15 and not subject to mandatory reclamation, 20 percent. 16 3. To the credit of the Phosphate Research Trust Fund 17 in the Department of Education, Division of Universities, to 18 carry out the purposes set forth in s. 378.101, 10 percent. 19 4. For payment to counties in proportion to the number 20 of tons of phosphate rock produced from a phosphate rock 21 matrix located within such political boundary, 10 percent. The 22 department shall distribute this portion of the proceeds 23 annually based on production information reported by producers 24 on the annual returns for the taxable year. Any such proceeds 25 received by a county shall be used only for phosphate-related 26 expenses. 27 (3) Beginning July 1, 1995, the proceeds of all taxes, 28 interest, and penalties imposed under this section shall be 29 paid into the State Treasury as follows: 30 (a) The first $10 million in revenue collected from 31 the tax during each fiscal year shall be paid to the credit of 5 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 the Conservation and Recreation Lands Trust Fund. 2 (b) The remaining revenues collected from the tax 3 during that fiscal year, after the required payment under 4 paragraph (a), shall be paid into the State Treasury as 5 follows: 6 1. To the credit of the General Revenue Fund of the 7 state, 58 percent. 8 2. To the credit of the Nonmandatory Land Reclamation 9 Trust Fund for reclamation and acquisition of unreclaimed 10 lands disturbed by phosphate mining and not subject to 11 mandatory reclamation, 14.5 percent. 12 3. To the credit of the Phosphate Research Trust Fund 13 in the Department of Education, Division of Universities, to 14 carry out the purposes set forth in s. 378.101, 10 percent. 15 4. For payment to counties in proportion to the number 16 of tons of phosphate rock produced from a phosphate rock 17 matrix located within such political boundary, 10 percent. The 18 department shall distribute this portion of the proceeds 19 annually based on production information reported by producers 20 on the annual returns for the taxable year. Any such proceeds 21 received by a county shall be used only for phosphate-related 22 expenses. 23 5. To the credit of the Minerals Trust Fund, 7.5 24 percent. 25 (4) If the base rate is reduced pursuant to paragraph 26 (5)(c), then the proceeds of the tax shall be paid into the 27 State Treasury as follows: 28 (a) The first $10 million in revenue collected from 29 the tax during each fiscal year shall be paid to the credit of 30 the Conservation and Recreation Lands Trust Fund. 31 (b) The remaining revenues collected from the tax 6 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 during that fiscal year, after the required payment under 2 paragraph (a), shall be paid into the State Treasury as 3 follows: 4 1. To the credit of the General Revenue Fund of the 5 state, 55.15 percent. 6 2. To the credit of the Phosphate Research Trust Fund 7 in the Department of Education, Division of Universities, 12.5 8 percent. 9 3. For payment to counties in proportion to the number 10 of tons of phosphate rock produced from a phosphate rock 11 matrix located within such political boundary, 18 percent. The 12 department shall distribute this portion of the proceeds 13 annually based on production information reported by producers 14 on the annual returns for the taxable year. Any such proceeds 15 received by a county shall be used only for phosphate-related 16 expenses. 17 4. To the credit of the Minerals Trust Fund, 14.35 18 percent. 19 (7)(5) The excise tax levied by this section shall 20 apply to the total production of the producer during the 21 taxable year, measured on the basis of bone-dry tons produced 22 at the point of severance., subject to the following rates: 23 (a) Beginning July 1, 1987, to December 31, 1987, the 24 tax rate shall be $1.79 per ton severed. 25 (b) For 1988, the tax rate shall be the base rate of 26 $1.35 per ton severed. 27 (c) For 1989 and subsequent years, the tax rate shall 28 be the base rate times the base rate adjustment for the tax 29 year as calculated by the department in accordance with 30 subsection (6). However, for 2000 and subsequent taxable 31 years, the base rate shall be reduced by 20 percent, unless 7 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 additional funding of the Nonmandatory Land Reclamation Trust 2 Fund is approved by law. 3 (8)(6)(a) On or before March 30, 2004 1989, and 4 annually thereafter, the department shall calculate the base 5 rate adjustment, if any, for phosphate rock based on the 6 change in the unadjusted annual producer price index for the 7 prior calendar year in relation to the unadjusted annual 8 producer price index for calendar year 1999 1987. 9 (b) For the purposes of determining the base rate 10 adjustment for any year, the base rate adjustment shall be a 11 fraction, the numerator of which is the unadjusted annual 12 producer price index for the prior calendar year and the 13 denominator of which is the unadjusted annual producer price 14 index for calendar year 1999 1987. 15 (c) The department shall provide the base rate, the 16 base rate adjustment, and the resulting tax rate to affected 17 producers by written notice on or before April 15 of the 18 current year. 19 (d) If the producer price index for chemical and 20 fertilizer mineral mining phosphate rock primary products is 21 substantially revised, the department shall make appropriate 22 adjustment in the method used to compute the base rate 23 adjustment under this subsection which will produce results 24 reasonably consistent with the result which would have been 25 obtained if the producer price index for phosphate rock 26 primary products had not been revised. However, the tax rate 27 shall not be less than $1.56 per ton severed. 28 (e) In the event the producer price index for 29 phosphate rock primary products is discontinued, then a 30 comparable index shall be selected by the department and 31 adopted by rule. 8 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 (9)(7) The excise tax levied on the severance of 2 phosphate rock shall be in addition to any ad valorem taxes 3 levied upon the separately assessed mineral interest in the 4 real property upon which the site of severance is located, or 5 any other tax, permit, or license fee imposed by the state or 6 its political subdivisions. 7 (10)(8) The tax levied by this section shall be 8 collected in the manner prescribed in s. 211.33. 9 Section 2. Section 378.021, Florida Statutes, is 10 amended to read: 11 378.021 Master reclamation plan.-- 12 (1) The Department of Environmental Protection Natural 13 Resources shall amend the adopt by rule, as expeditiously as 14 possible upon receipt of the report of the Land Use Advisory 15 Committee, a master reclamation plan that provides to provide 16 guidelines for the reclamation of lands mined or disturbed by 17 the severance of phosphate rock prior to July 1, 1975, which 18 lands are not subject to mandatory reclamation under part II 19 of chapter 211. In amending the developing said master 20 reclamation plan, the Department of Environmental Protection 21 Natural Resources shall continue to conduct an onsite 22 evaluation of all lands mined or disturbed by the severance of 23 phosphate rock prior to July 1, 1975, which lands are not 24 subject to mandatory reclamation under part II of chapter 211, 25 and shall consider the report and plan prepared by the Land 26 Use Advisory Committee under s. 378.011 and submitted to the 27 former Department of Natural Resources for adoption by rule on 28 or before July 1, 1979. The master reclamation plan when 29 amended adopted by the Department of Environmental Protection 30 Natural Resources shall be consistent with local government 31 plans prepared pursuant to the Local Government Comprehensive 9 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 Planning and Land Development Regulation Act. 2 (2) The amended master reclamation plan shall identify 3 which of the lands mined or disturbed by the severance of 4 phosphate rock prior to July 1, 1975, meet the following 5 criteria: 6 (a) The quality of surface waters leaving the land 7 does not meet applicable water quality standards, if any; or, 8 health and safety hazards exist on the land; or, the soil has 9 not stabilized and revegetated; or, the remaining natural 10 resources associated with the land are not being conserved; 11 (b) The environmental or economic utility or aesthetic 12 value of the land would not naturally return within a 13 reasonable time, and reclamation would substantially promote 14 the environmental or economic utility or the aesthetic value 15 of the land; and 16 (c) The reclamation of the land is in the public 17 interest because the reclamation, when combined with other 18 reclamation under the master plan, would provide a substantial 19 regional benefit; and. 20 (d) The reclamation of the land is in the public 21 interest because the reclamation, when combined with other 22 reclamation under the master plan, will provide significant 23 benefits to surface water bodies supplying water for 24 environmental and public purposes in those areas of the state 25 where phosphate mining has been permitted. 26 (3) Lands evaluated by the department under subsection 27 (1) which meet the criteria set forth in subsection (2) shall 28 be identified with specificity in the master reclamation plan. 29 Lands evaluated by the department under subsection (1) which 30 do not meet the criteria set forth in subsection (2) shall 31 also be identified with specificity in the master reclamation 10 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 plan as lands which are acceptable in their present form. 2 (4) Upon adoption of the amendments to the master 3 reclamation plan as a rule, such plan shall provide the 4 guidelines for approval of reclamation programs for lands 5 covered in the plan, recognizing that reclamation of such 6 lands is not mandatory, but that any payment of costs expended 7 for reclamation paid under s. 378.031 shall be contingent upon 8 conformity with the guidelines set forth in the master 9 reclamation plan. 10 Section 3. Section 378.031, Florida Statutes, is 11 amended to read: 12 378.031 Reclamation or acquisition of nonmandatory 13 lands; legislative intent.--It is the intent of the 14 Legislature to provide an economic incentive to encourage the 15 reclamation of the maximum number of acres of eligible 16 nonmandatory lands in the most timely and efficient manner or 17 the donation or purchase of nonmandatory lands, especially 18 those lands for which reclamation activities will result in 19 significant improvements to surface water bodies of regional 20 importance in those areas of the state where phosphate mining 21 has been permitted. The Legislature recognizes that certain 22 lands mined or disturbed prior to July 1, 1975, have been 23 naturally reclaimed. 24 Section 4. Subsections (5), (6), (7), (8), and (9) of 25 section 378.035, Florida Statutes, are amended to read: 26 378.035 Department responsibilities and duties with 27 respect to Nonmandatory Land Reclamation Trust Fund.-- 28 (5) On July 1, 2001, $50 million of the unencumbered 29 Funds within the Nonmandatory Land Reclamation Trust Fund are 30 also authorized reserved for use by the department for the 31 following purposes:. 11 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 (a) These reserved moneys are to be used To reclaim 2 lands disturbed by the severance of phosphate rock on or after 3 July 1, 1975, in the event that a mining company ceases mining 4 and the associated reclamation prior to all lands disturbed by 5 the operation being reclaimed. Moneys expended by the 6 department to accomplish reclamation pursuant to this 7 subsection shall become a lien upon the property enforceable 8 pursuant to chapter 85. The moneys received as a result of a 9 lien foreclosure or as repayment shall be deposited into the 10 trust fund. In the event the money received as a result of 11 lien foreclosure or repayment is less than the amount expended 12 for reclamation, the department shall use all means available 13 to recover, for the use of the fund, the difference from the 14 affected parties. Paragraph (3)(b) shall apply to lands 15 acquired as a result of a lien foreclosure. 16 (b) The department may also expend funds from the $50 17 million reserve fund For the abatement of an imminent hazard 18 as provided by s. 403.4154(3) and for the purpose of closing 19 an abandoned phosphogypsum stack system and carrying out 20 postclosure care as provided by s. 403.4154(5). Fees deposited 21 in the Nonmandatory Land Reclamation Trust Fund pursuant to s. 22 403.4154(4) may be used for the purposes authorized in this 23 paragraph. Fowever, such fees may only be used at a stack 24 system if closure or imminent-hazard-abatement activities 25 initially commence on or after July 1, 2002. 26 (c)(6)(a) Up to one-half of the interest income 27 accruing to the funds reserved by subsection (5) shall be 28 available to the department annually For the purpose of 29 funding basic management or protection of reclaimed, restored, 30 or preserved phosphate lands: 31 1. Which have wildlife habitat value as determined by 12 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 the Bureau of Mine Reclamation; 2 2. Which have been transferred by the landowner to a 3 public agency or a private, nonprofit land conservation and 4 management entity in fee simple, or which have been made 5 subject to a conservation easement pursuant to s. 704.06; and 6 3. For which other management funding options are not 7 available. 8 9 These funds may, after the basic management or protection has 10 been assured for all such lands, be combined with other 11 available funds to provide a higher level of management for 12 such lands. 13 (d)(b) Up to one-half of the interest income accruing 14 to the funds reserved by subsection (5) shall be available to 15 the department annually For the sole purpose of funding the 16 department's implementation of: 17 1. The NPDES permitting program authorized by s. 18 403.0885, as it applies to phosphate mining and beneficiation 19 facilities, phosphate fertilizer production facilities, and 20 phosphate loading and handling facilities; 21 2. The regulation of dams in accordance with 22 department rule 62-672, Florida Administrative Code; and 23 3. The phosphogypsum management program pursuant to s. 24 403.4154 and department rule 62-673, Florida Administrative 25 Code. 26 27 On or before August 1 of each fiscal year, the department 28 shall prepare a report presenting the expenditures using the 29 interest income allocated by this section made by the 30 department during the immediately preceding fiscal year, which 31 report shall be available to the public upon request. 13 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 (6)(7) Should the nonmandatory land reclamation 2 program encumber all the funds in the Nonmandatory Land 3 Reclamation Trust Fund except those reserved by subsection (5) 4 prior to funding all the reclamation applications for eligible 5 parcels, the funds reserved by subsection (5) shall be 6 available to the program to the extent required to complete 7 the reclamation of all eligible parcels for which the 8 department has received applications. 9 (7)(8) The department may not accept any applications 10 for nonmandatory land reclamation programs after July 1, 2004 11 November 1, 2008. 12 (8)(9) The Bureau of Mine Reclamation shall review the 13 sufficiency of the Nonmandatory Land Reclamation Trust Fund to 14 support the stated objectives and report to the secretary 15 annually with recommendations as appropriate. The report 16 submittal for calendar year 2008 shall specifically address 17 the effect of providing a future refund of fees paid pursuant 18 to s. 403.4154(4) following certification of stack closure 19 pursuant to department rules, and the report shall be 20 submitted to the Governor, the President of the Senate, and 21 the Speaker of the House of Representatives on or before March 22 1, 2009. 23 24 For the 2003-2004 fiscal year the department may not approve 25 or encumber nonmandatory reclamation projects in amounts 26 greater than $15 million. 27 Section 5. Subsection (6) is added to section 378.036, 28 Florida Statutes, to read: 29 378.036 Land acquisitions financed by Nonmandatory 30 Land Reclamation Trust Fund moneys.-- 31 (6)(a) By January 1, 2004, or within 6 months from the 14 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 date funds become available from the Legislature, whichever is 2 later, the Florida Wildlife Federation, Audubon Florida, and 3 Rails-to-Trails Conservancy in partnership with the Florida 4 Phosphate Council are authorized to form a nonprofit 5 corporation pursuant to chapter 617 for the purpose of 6 implementing the provisions of this section by creating plans 7 and assisting in the development of recreational opportunities 8 on lands mined for phosphate in the state. The first plans 9 shall concentrate on recreational activities in Hardee and 10 Hamilton Counties which will assist them in rural economic 11 development. 12 (b) The board of directors of the corporation shall be 13 composed of three members, one designated by the Florida 14 Phosphate Council, one as the designee of the Florida Wildlife 15 Federation, Audubon Florida, and Rails-to-Trails Conservancy, 16 and the third chosen by the other two designees. 17 (c) The business of the corporation shall be conducted 18 by the board of directors or a chief executive officer as the 19 board shall see fit in accordance with the provisions of its 20 articles of incorporation and applicable law. The activities 21 of the corporation shall be coordinated with all landowners 22 who have voluntarily agreed to participate in the process as 23 well as any local government where such lands are recorded. 24 (d) An annual report of the activities of the 25 corporation, including a certified audit, shall be presented 26 to the Secretary of Environmental Protection or his or her 27 designee by October 31 of each year following incorporation. 28 (e) The corporation shall dissolve on January 1, 2009, 29 unless dissolved previously by action of its board of 30 directors or extended by the Legislature. Upon dissolution, 31 any moneys remaining in the accounts of the corporation that 15 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 are unobligated shall be returned to the funds from which they 2 were appropriated in proportion to the amount contributed. All 3 tangible assets of the corporation at dissolution which were 4 acquired using state funding shall become the property of the 5 Department of Environmental Protection. 6 (f) For fiscal year 2003-2004, the sum of $200,000 7 shall be appropriated from the Nonmandatory Land Reclamation 8 Trust Fund to the non-profit corporation specified hereinabove 9 for the purpose of creating plans and assisting in the 10 development of recreational opportunities on lands mined for 11 phosphate in the state. 12 Section 6. Subsection (1) of section 378.212, Florida 13 Statutes, is amended to read: 14 378.212 Variances.-- 15 (1) Upon application, the secretary may grant a 16 variance from the provisions of this part or the rules adopted 17 pursuant thereto. Variances and renewals thereof may be 18 granted for any one of the following reasons: 19 (a) There is no practicable means known or available 20 to comply with the provisions of this part or the rules 21 adopted pursuant thereto. 22 (b) Compliance with a particular requirement or 23 requirements from which a variance is sought will necessitate 24 the taking of measures which must be spread over a 25 considerable period of time. A variance granted for this 26 reason shall prescribe a timetable for the taking of the 27 measures required. 28 (c) To relieve or prevent hardship, including economic 29 hardship, of a kind other than those provided for in 30 paragraphs (a) and (b). 31 (d) To accommodate specific phosphate mining, 16 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 processing or chemical plant uses that otherwise would be 2 inconsistent with the requirements of this part. 3 (e) To provide for an experimental technique that 4 would advance the knowledge of reclamation and restoration 5 methods. 6 (f) To accommodate projects, including those proposing 7 offsite mitigation, that provide a significant regional 8 benefit for wildlife and the environment. 9 (g) To accommodate reclamation that provides water 10 supply development or water resource development not 11 inconsistent with the applicable regional water supply plan 12 approved pursuant to s. 373.0361, provided adverse impacts are 13 not caused to the water resources in the basin. A variance may 14 also be granted from the requirements of part IV of chapter 15 373, or the rules adopted thereunder, when a project provides 16 an improvement in water availability in the basin and does not 17 cause adverse impacts to water resources in the basin. 18 Section 7. Subsection (9) is added to section 378.404, 19 Florida Statutes, to read: 20 378.404 Department of Environmental Protection; powers 21 and duties.--The department shall have the following powers 22 and duties: 23 (9) To grant variances from the provisions of this 24 part to accommodate reclamation that provides for water supply 25 development or water resource development not inconsistent 26 with the applicable regional water supply plan approved 27 pursuant to s. 373.0361, appropriate stormwater management, 28 improved wildlife habitat, recreation, or a mixture thereof, 29 provided adverse impacts are not caused to the water resources 30 in the basin and public health and safety are not adversely 31 affected. 17 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 Section 8. Subsections (2), (3), and (4) of section 2 403.4154, Florida Statutes, are amended to read: 3 403.4154 Phosphogypsum management program.-- 4 (2) REGULATORY PROGRAM.-- 5 (a) It is the intent of the Legislature that the 6 department develop a program for the sound and effective 7 regulation of phosphogypsum stack systems in the state. 8 (b) The department shall adopt rules that prescribe 9 acceptable construction designs for new or expanded 10 phosphogypsum stack systems and that prescribe permitting 11 criteria for operation, closure criteria, long-term-care 12 requirements, and closure financial responsibility 13 requirements for phosphogypsum stack systems. 14 (c) Whoever willfully, knowingly, or with reckless 15 indifference or gross carelessness misstates or misrepresents 16 the financial condition or closure costs of an entity engaged 17 in managing, owning, or operating a phosphogypsum stack or 18 stack system commits a felony of the third degree, punishable 19 as provided in s. 775.082 or s. 775.083 by a fine of not more 20 than $50,000 and by imprisonment for 5 years for each offense. 21 (d) In the event that an owner or operator of a 22 phosphogypsum stack or stack system fails to comply with 23 department rules requiring demonstration of closure financial 24 responsibility, no distribution may be made that would be 25 prohibited under s. 607.06401(3), until the noncompliance is 26 corrected. Whoever willfully, knowingly, or with reckless 27 indifference or gross carelessness violates this prohibition 28 commits a felony of the third degree, punishable as provided 29 in s. 775.082 or s. 775.083 by a fine of not more than $50,000 30 or by imprisonment for 5 years for each offense. 31 (3) ABATEMENT OF IMMINENT HAZARD.-- 18 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 (a) The department may take action to abate or 2 substantially reduce any imminent hazard caused by the 3 physical condition, maintenance, operation, or closure of a 4 phosphogypsum stack system. 5 (b) An imminent hazard exists if the physical 6 condition, maintenance, operation, or closure of a 7 phosphogypsum stack system creates an immediate and 8 substantial danger to human health, safety, or welfare or to 9 the environment. A phosphogypsum stack system is presumed not 10 to cause an imminent hazard if the physical condition and 11 operation of the system are in compliance with all applicable 12 department rules. 13 (c) The failure of an owner or operator of a 14 phosphogypsum stack system to comply with department rules 15 requiring demonstration of closure financial responsibility 16 may be considered by the department as evidence that a 17 phosphogypsum stack poses an imminent hazard for purposes of 18 initiating actions authorized by paragraph (d). 19 (d)(c) If the department determines that the failure 20 of an owner or operator to comply with department rules 21 requiring demonstration of financial responsibility or that 22 the physical condition, maintenance, operation, or closure of 23 a phosphogypsum stack system poses an imminent hazard, the 24 department shall request access to the property on which such 25 stack system is located from the owner or operator of the 26 stack system for the purposes of taking action to abate or 27 substantially reduce the imminent hazard. If the department, 28 after reasonable effort, is unable to timely obtain the 29 necessary access to abate or substantially reduce the imminent 30 hazard, the department may institute action in its own name, 31 using the procedures and remedies of s. 403.121 or s. 403.131, 19 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 to abate or substantially reduce an imminent hazard. Whenever 2 serious harm to human health, safety, or welfare, to the 3 environment, or to private or public property may occur prior 4 to completion of an administrative hearing or other formal 5 proceeding that might be initiated to abate the risk of 6 serious harm, the department may obtain from the court, ex 7 parte, an injunction without paying filing and service fees 8 prior to the filing and service of process. 9 (e)(d) To abate or substantially reduce an imminent 10 hazard, the department may take any appropriate action, 11 including, but not limited to, using employees of the 12 department or contracting with other state or federal 13 agencies, with private third-party contractors, or with the 14 owner or operator of the stack system, or financing, 15 compensating, or funding a receiver, trustee, or owner of the 16 stack system, to perform all or part of the work. 17 (f)(e) The department shall recover from the owner or 18 operator of the phosphogypsum stack system to the use of the 19 Nonmandatory Land Reclamation Trust Fund all moneys expended 20 from the fund, including funds expended prior to the effective 21 date of this section, to abate an imminent hazard posed by the 22 phosphogypsum stack system plus a penalty equal to an amount 23 calculated at 30 percent of such funds expended. This penalty 24 shall be imposed annually, and prorated from the date of 25 payment from the fund until the expended funds and the penalty 26 are repaid. If the department prevails in any action to 27 recover funds pursuant to this subsection, it may recover 28 reasonable attorney's fees and costs incurred. Phosphogypsum 29 may not be deposited on a stack until all moneys expended from 30 the fund in connection with the stack have been repaid, unless 31 the department determines that such placement is necessary to 20 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 abate or avoid an imminent hazard or unless otherwise 2 authorized by the department. 3 (g)(f) The department may impose a lien on the real 4 property on which the phosphogypsum stack system that poses an 5 imminent hazard is located and on the real property underlying 6 and other assets located at associated phosphate fertilizer 7 production facilities equal in amount to the moneys expended 8 from the Nonmandatory Land Reclamation Trust Fund pursuant to 9 paragraph (d), including attorney's fees and court costs. The 10 owner of any property on which such a lien is imposed is 11 entitled to a release of the lien upon payment to the 12 department of the lien amount. The lien imposed by this 13 section does not take priority over any other prior perfected 14 lien on the real property, personal property, or other assets 15 referenced in this paragraph, including, but not limited to, 16 the associated phosphate rock mine and reserves. 17 (h) Upon a declaration by the Governor of an 18 environmental emergency concerning the abatement of a imminent 19 hazard involving a phosphogypsum stack or stack system, the 20 state and any agent under contract with the state for the 21 provision of services directly related to the abatement of 22 such hazard shall not become liable under state laws for 23 environmental protection for any costs, damages, or penalties 24 associated with the abatement of the imminent hazard. The 25 Legislature finds that provision of this limited immunity is 26 in the public interest and necessary for the abatement of the 27 imminent hazard. 28 (4) REGISTRATION FEES.-- 29 (a)1. The owner or operator of each existing 30 phosphogypsum stack who has not provided a performance bond, 31 letter of credit, trust fund agreement, or closure insurance 21 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 to demonstrate financial responsibility for closure and 2 long-term care shall pay to the department a fee as set forth 3 in this paragraph. All fees shall be deposited in the 4 Nonmandatory Land Reclamation Trust Fund. 5 2. The amount of the fee for each existing stack shall 6 be $75,000 for each of the five 12-month periods following 7 July 1, 2001. 8 3. The amount of the fee for any new stack for which 9 the owner or operator has not provided a performance bond, 10 letter of credit, trust fund agreement, or closure insurance 11 to demonstrate financial responsibility for closure and 12 long-term care shall be $75,000 for each of the five 12-month 13 periods following the issuance by the department of a 14 construction permit for that stack. 15 4. Within 30 days after a phosphogypsum stack has been 16 certified as closed pursuant to rule 62-673.620(2) and (3), 17 Florida Administrative Code, the department shall refund to 18 the owner of the closed phosphogypsum stack an amount from the 19 Nonmandatory Land Reclamation Trust Fund equal to the total 20 amount of fee payments made by the owner or operator to the 21 fund in connection with the closed phosphogypsum stack. 22 However, no refund shall be paid until such time as the 23 Mulberry and Piney Point phosphogypsum stack systems have been 24 closed and a satisfactory reserve has been established in the 25 Nonmandatory Reclamation Lands Trust Fund, except that any 26 refund becoming payable prior to July 1, 2009, shall be paid 27 to the owner on or after that date. 28 (b) On or before August 1 of each year, the department 29 shall provide written notice to each owner of an existing 30 stack of any fee payable for the 12-month period commencing on 31 the immediately preceding July 1. Each owner shall remit the 22 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 fee to the department on or before August 31 of each year. 2 Section 9. Section 403.4155, Florida Statutes, is 3 amended to read: 4 403.4155 Phosphogypsum management; rulemaking 5 authority.-- 6 (1) The Department of Environmental Protection shall 7 adopt rules to amend existing chapter 62-672, Florida 8 Administrative Code, to ensure that impoundment structures and 9 water conveyance piping systems used in phosphogypsum 10 management are designed and maintained to meet critical safety 11 standards. The rules must require that any impoundment 12 structure used in a phosphogypsum stack system, together with 13 all pumps, piping, ditches, drainage conveyances, water 14 control structures, collection pools, cooling ponds, surge 15 ponds, and any other collection or conveyance system 16 associated with phosphogypsum transport, cooling water, or the 17 return of process wastewater, is constructed using sound 18 engineering practices and is operated to avoid spills or 19 discharges of materials which adversely affect surface or 20 ground waters. The rules must require that a phosphogypsum 21 stack system owner maintain a log detailing the owner's 22 operating inspection schedule, results, and any corrective 23 action taken based on the inspection results. The rules must 24 require phosphogypsum stack owners to maintain an emergency 25 contingency plan and demonstrate the ability to mobilize 26 equipment and manpower to respond to emergency situations at 27 phosphogypsum stack systems. The rules must establish a 28 reasonable time period not to exceed 12 months for facilities 29 to meet the provisions of the rules adopted pursuant to this 30 section. 31 (2) The department shall revise chapter 62-673, 23 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 Florida Administrative Code, to require the owner or operator 2 of a phosphogypsum stack system to demonstrate financial 3 responsibility for the costs of terminal closure of the 4 phosphogypsum stack system in a manner that protects the 5 environment and the public health and safety. At a minimum, 6 such rules shall include or address the following: 7 (a) Requirements that the cost of closure and 8 long-term care be re-estimated by a professional engineer and 9 adjusted for inflation on an annual basis and, at a minimum, 10 such cost data shall include the cost of treatment and 11 appropriate disposal of all process wastewater, both ponded 12 and pore, in the system; all construction work necessary to 13 properly close the system in accordance with department rules; 14 and all costs associated with long-term care of the closed 15 system, including maintenance and monitoring, in accordance 16 with department rules. 17 (b) Financial statements and financial data be 18 prepared according to United States generally accepted 19 accounting principles and submitted quarterly. 20 (c) That audited financial statements be provided 21 annually, along with the statement of financial assurance. 22 (d) A requirement that any owner or operator report 23 immediately if it is in default on any of its obligations. 24 (e) Include an option for the owner or operator to 25 satisfy the financial responsibility requirements with a 26 corporate guarantee for an amount that would assure adequate 27 coverage of the closure and postclosure costs. 28 (3) By October 1, 2003, the department shall initiate 29 rulemaking to require that phosphogypsum stack system 30 operation plans required by department rule be amended by 31 adding an interim stack system management (ISSM) plan that 24 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 provides written instructions for the operation of the system 2 assuming that no phosphoric acid would be produced at the 3 facility for a 2-year period. The initial ISSM plan shall be 4 completed as of the first July 1 following the adoption of the 5 rule required by this section. The ISSM plan shall include: 6 (a) A detailed description of process water management 7 procedures that will be implemented to ensure that the stack 8 system operates in accordance with all applicable department 9 permit conditions and rules. The procedures shall address the 10 actual process water levels present at the facility 30 days 11 prior to the completion of the plan and shall assume that the 12 facility will receive annual average rainfall during the 13 2-year planning period. 14 (b) A detailed description of the procedures to be 15 followed for the daily operation and routine maintenance of 16 the stack system, including required environmental sampling 17 and analyses, as well as for any maintenance or repairs 18 recommended following annual inspections of the system. 19 (c) Identification of all machinery, equipment, and 20 materials necessary to implement the plan. 21 (d) Identification of the sources of power or fuel 22 necessary to implement the plan. 23 (e) Identification of the personnel necessary to 24 implement the plan. 25 (4) The ISSM plan shall be updated annually taking 26 into account process water levels as of June 1 and the 27 then-existing stack system configuration. 28 (5) The foregoing requirement for the preparation and 29 updating of the ISSM plan is applicable to all phosphogypsum 30 stack systems except those which have been closed, which are 31 undergoing closure, or for which an application for a closure 25 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 permit has been submitted pursuant to department rule. 2 (6) By October 1, 2003, the department shall initiate 3 rulemaking to require that general plans and schedules for the 4 closure of phosphogypsum stack systems include: 5 (a) A description of the physical configuration of the 6 phosphogypsum stack system anticipated at the time of closure 7 at the end of useful life of the system. 8 (b) A site-specific water management plan describing 9 the procedure to be employed at the end of the useful life of 10 the system to manage the anticipated volume of process water 11 in an environmentally sound manner. 12 (c) An estimate of the cost of management of the 13 anticipated volume of process water in accordance with the 14 site-specific water management plan. 15 (d) A description of all construction work necessary 16 to properly close the system in accordance with department 17 rules. 18 (e) An estimate of all costs associated with long-term 19 care of the closed system, including maintenance and 20 monitoring, in accordance with department rules. 21 (2) By January 31, 2002, the department shall review 22 chapter 62-673, Florida Administrative Code, to determine the 23 adequacy of the financial responsibility provisions contained 24 in the rules and shall take any measures necessary to ensure 25 that the rules provide sound and effective provisions to 26 minimize risk to the environment and to public health and 27 safety from the business failure of a phosphogypsum stack 28 system. 29 Section 10. (1) The Department of Environmental 30 Protection, in consultation with the Southwest Florida Water 31 Management District, shall study cumulative impacts of changes 26 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 in landform and hydrology in the Peace River Basin. The study 2 shall evaluate cumulative impacts of activities conducted in 3 the Peace River Basin prior to state regulation, or pursuant 4 to an exemption, a permit, or a reclamation plan on water 5 resources of the basin, including surface waters, 6 groundwaters, fisheries, aquatic and estuarine habitat, and 7 water supplies. The study shall also include an evaluation of 8 the effectiveness of existing regulatory programs in avoiding, 9 minimizing, mitigating, or compensating for cumulative impacts 10 on water resources of the basin. 11 (2) Upon completion of the study, the department shall 12 prepare and adopt a resource management plan for the Peace 13 River Basin to minimize any identified existing and future 14 adverse cumulative impacts to water resources of the basin, 15 including surface waters, groundwaters, wetlands, fisheries, 16 aquatic and estuarine habitat, and water supplies. The plan 17 shall identify regulatory and nonregulatory actions necessary 18 to minimize existing and future adverse cumulative impacts 19 identified in the study and where appropriate, shall also 20 recommend statutory changes to improve regulatory programs to 21 minimize identified cumulative impacts to water resources of 22 the basin. 23 (3) The resource management plan shall be submitted to 24 the Governor, the Speaker of the House of Representatives and 25 the President of the Senate no later than January 1, 2005. 26 (4) The department may use up to $750,000 from the 27 Nonmandatory Land Reclamation Trust Fund to prepare the study 28 and plan required in this section. 29 (5) The department may establish a technical advisory 30 committee to assist the department in developing a plan of 31 study, reviewing interim findings, and reviewing final 27 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 recommendations. The technical advisory committee may include 2 representatives from the following interests in the Peace 3 River Basin: industrial, mining, agriculture, development, 4 environmental, fishing, regional water supply, and local 5 government. 6 Section 11. For fiscal year 2003-2004, the sum of 7 $12.5 million is hereby transferred from the Nonmandatory Land 8 Reclamation Trust Fund to the General Revenue Fund. 9 Section 12. For fiscal year 2003-2004, the sum of 10 $800,000 is appropriated to the Phosphate Research Trust Fund 11 from the proceeds of the phosphate severance tax deposited 12 into the Nonmandatory Land Reclamation Trust Fund. Such funds 13 shall be used by the Florida Institute of Phosphate Research 14 to conduct a bench and pilot scale study of the FIPR/DIPR 15 process for the purpose of determining its technical and 16 economic feasibility. The study shall evaluate the 17 availability, technical feasibility, and cost of using various 18 types of fiber, including, but not limited to, paper and 19 sewage sludge. The study shall evaluate the technical 20 feasibility and practicality of various methods of using and 21 disposing of the clay/fiber product produced, including 22 admixing the material with soil. 23 Section 13. This act shall take effect upon becoming a 24 law. 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 Delete everything before the enacting clause 30 31 and insert: 28 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 A bill to be entitled 2 An act relating to phosphate mining; amending 3 s. 211.3103, F.S.; amending the tax on 4 phosphate rock; providing for the distribution 5 of tax proceeds; deleting obsolete language; 6 amending s. 378.021, F.S.; directing the 7 Department of Environmental Protection to amend 8 the master reclamation plan; amending s. 9 378.031, F.S.; providing additional intent 10 concerning reclamation activities; amending s. 11 378.035, F.S.; amending authorized uses of 12 funds deposited in the Nonmandatory Land 13 Reclamation Trust Fund; removing requirements 14 for a reserve; limiting reclamation 15 expenditures for fiscal year 2003-2004; 16 amending s. 378.036, F.S.; creating a 17 not-for-profit partnership to assist in 18 phosphate reclamation; providing duties of the 19 partnership; providing for the administration 20 of partnership funds; providing an 21 appropriation; amending s. 378.212; providing 22 authority for a variance for certain 23 reclamation activities; amending s. 378.404, 24 F.S.; allowing variances for water supply 25 development; amending s. 403.4154, F.S.; 26 providing criminal penalties for certain 27 violations; prohibiting the distribution of 28 certain company assets under certain 29 circumstances; providing for the declaration of 30 an imminent hazard if certain financial 31 conditions exist; providing limited liability 29 12:34 PM 05/01/03 h1363.nr17.Ha
SENATE AMENDMENT Bill No. HB 1363, 1st Eng. Amendment No. ___ Barcode 841238 1 for entities assisting in the abatement of 2 imminent hazards; amending a provision granting 3 certain rebates of phosphate fees; amending s. 4 403.4155, F.S.; directing that rules be 5 developed for financial assurance, interim 6 stack management, and stack closure; requiring 7 the Department of Environmental Protection to 8 conduct a study; providing funds for the study; 9 providing for the transfer of certain funds 10 from the Nonmandatory Land Reclamation Trust 11 Fund to the General Revenue Fund; providing for 12 the funding of a study by the Florida Institute 13 of Phosphate Research; providing an effective 14 date. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 30 12:34 PM 05/01/03 h1363.nr17.Ha