Senate Bill sb1722
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Florida Senate - 2003 SB 1722
By Senator Bennett
21-1786-03 See HB
1 A bill to be entitled
2 An act relating to phosphate mining; amending
3 s. 378.021, F.S.; authorizing the Department of
4 Environmental Protection to amend the master
5 reclamation plan for nonmandatory reclamation
6 lands; providing additional criteria to be
7 considered when identifying lands mined or
8 disturbed by the severance of phosphate rock;
9 amending s. 378.031, F.S.; revising legislative
10 intent to provide economic incentives for
11 nonmandatory land reclamation to include
12 reclaimed lands that provide benefits to
13 certain surface water bodies; amending s.
14 378.033, F.S.; providing additional
15 responsibilities for the Nonmandatory Land
16 Reclamation Committee; increasing the size of
17 the committee; amending s. 378.207, F.S.;
18 revising the statewide criteria and standards
19 for reclamation activities on mandatory
20 reclamation lands; providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Section 378.021, Florida Statutes, is
25 amended to read:
26 378.021 Master reclamation plan.--
27 (1) The Department of Environmental Protection Natural
28 Resources shall amend the adopt by rule, as expeditiously as
29 possible upon receipt of the report of the Land Use Advisory
30 Committee, a master reclamation plan that provides to provide
31 guidelines for the reclamation of lands mined or disturbed by
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Florida Senate - 2003 SB 1722
21-1786-03 See HB
1 the severance of phosphate rock prior to July 1, 1975, which
2 lands are not subject to mandatory reclamation under part II
3 of chapter 211. In amending the developing said master
4 reclamation plan, the Department of Environmental Protection
5 Natural Resources shall continue to conduct an onsite
6 evaluation of all lands mined or disturbed by the severance of
7 phosphate rock prior to July 1, 1975, which lands are not
8 subject to mandatory reclamation under part II of chapter 211,
9 and shall consider the report and plan prepared by the Land
10 Use Advisory Committee under s. 378.011 and submitted to the
11 former Department of Natural Resources for adoption by rule on
12 or before July 1, 1979. The master reclamation plan when
13 amended adopted by the Department of Environmental Protection
14 Natural Resources shall be consistent with local government
15 plans prepared pursuant to the Local Government Comprehensive
16 Planning and Land Development Regulation Act.
17 (2) The amended master reclamation plan shall identify
18 which of the lands mined or disturbed by the severance of
19 phosphate rock prior to July 1, 1975, meet the following
20 criteria:
21 (a) The quality of surface waters leaving the land
22 does not meet applicable water quality standards, if any; or,
23 health and safety hazards exist on the land; or, the soil has
24 not stabilized and revegetated; or, the remaining natural
25 resources associated with the land are not being conserved;
26 (b) The environmental or economic utility or aesthetic
27 value of the land would not naturally return within a
28 reasonable time, and reclamation would substantially promote
29 the environmental or economic utility or the aesthetic value
30 of the land; and
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Florida Senate - 2003 SB 1722
21-1786-03 See HB
1 (c) The reclamation of the land is in the public
2 interest because the reclamation, when combined with other
3 reclamation under the master plan, would provide a substantial
4 regional benefit; and
5 (d) The reclamation of the land is in the public
6 interest because the reclamation, when combined with other
7 reclamation under the master plan, will provide significant
8 benefits to surface water bodies supplying water for
9 environmental and public purposes in those areas of the state
10 where phosphate mining has been permitted.
11 (3) Lands evaluated by the department under subsection
12 (1) which meet the criteria set forth in subsection (2) shall
13 be identified with specificity in the master reclamation plan.
14 Lands evaluated by the department under subsection (1) which
15 do not meet the criteria set forth in subsection (2) shall
16 also be identified with specificity in the master reclamation
17 plan as lands which are acceptable in their present form.
18 (4) Upon adoption of the amendments to the master
19 reclamation plan as a rule, such plan shall provide the
20 guidelines for approval of reclamation programs for lands
21 covered in the plan, recognizing that reclamation of such
22 lands is not mandatory, but that any payment of costs expended
23 for reclamation paid under s. 378.031 shall be contingent upon
24 conformity with the guidelines set forth in the master
25 reclamation plan.
26 Section 2. Section 378.031, Florida Statutes, is
27 amended to read:
28 378.031 Reclamation or acquisition of nonmandatory
29 lands; legislative intent.--It is the intent of the
30 Legislature to provide an economic incentive to encourage the
31 reclamation of the maximum number of acres of eligible
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Florida Senate - 2003 SB 1722
21-1786-03 See HB
1 nonmandatory lands in the most timely and efficient manner or
2 the donation or purchase of nonmandatory lands, especially
3 those lands for which reclamation activities will result in
4 significant improvements to surface water bodies of regional
5 importance in those areas of the state where phosphate mining
6 has been permitted. The Legislature recognizes that certain
7 lands mined or disturbed prior to July 1, 1975, have been
8 naturally reclaimed.
9 Section 3. Subsections (1) and (4) of section 378.033,
10 Florida Statutes, are amended to read:
11 378.033 Nonmandatory Land Reclamation Committee;
12 creation; composition.--
13 (1) The Nonmandatory Land Reclamation Committee is
14 created within the department to serve as an advisory body on
15 matters relating to nonmandatory land reclamation, including
16 reclamation activities that will result in significant
17 improvements to surface water bodies of regional importance in
18 those areas of the state where phosphate mining has been
19 permitted. The committee shall be composed of seven five
20 members appointed by the Governor and confirmed by the
21 Cabinet. In making the appointments, the Governor shall
22 consider the needs of the program for engineering, fiscal,
23 reclamation, and environmental expertises. Five Three of the
24 committee members shall be selected respectively from Hamilton
25 County, Polk County, Charlotte County, Manatee County, and
26 Hillsborough County.
27 (4) The committee shall meet at least annually at the
28 call of the chair. The presence of six four members is
29 required to constitute a quorum; a vote of five three members
30 is necessary for committee action.
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Florida Senate - 2003 SB 1722
21-1786-03 See HB
1 Section 4. Subsection (1) of section 378.207, Florida
2 Statutes, is amended to read:
3 378.207 Reclamation criteria and standards.--
4 (1) The department, by rule, shall adopt statewide
5 criteria and standards for reclamation. Such rules shall
6 recognize that surface mining takes place in diverse areas
7 where the geologic, topographic, and edaphic conditions are
8 different, and that reclamation operations and the
9 specifications therefor may vary accordingly. The rules,
10 recognizing technological limitations and economic
11 considerations, shall require the return of the natural
12 function of wetlands or a particular habitat or condition to
13 that in existence prior to mining and shall include criteria
14 that, when combined with other reclamation activities, will
15 result in significant benefits to surface water bodies
16 supplying water for environmental and public purposes in those
17 areas of the state where phosphate mining is permitted.
18 Section 5. This act shall take effect upon becoming a
19 law.
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