Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1730
Barcode 941302
CHAMBER ACTION
Senate House
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11 Senator Dockery moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, before line 1,
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16 insert:
17 Section 1. Subsection (13) of section 373.414, Florida
18 Statutes, is amended, and subsection (19) is added to that
19 section, to read:
20 373.414 Additional criteria for activities in surface
21 waters and wetlands.--
22 (13) Any declaratory statement issued by the
23 department under s. 403.914, 1984 Supplement to the Florida
24 Statutes 1983, as amended, or pursuant to rules adopted
25 thereunder, or by a water management district under s.
26 373.421, in response to a petition filed on or before June 1,
27 1994, shall continue to be valid for the duration of such
28 declaratory statement. Any such petition pending on June 1,
29 1994, shall be exempt from the methodology ratified in s.
30 373.4211, but the rules of the department or the relevant
31 water management district, as applicable, in effect prior to
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1730
Barcode 941302
1 the effective date of s. 373.4211, shall apply. Until May 1,
2 1998, activities within the boundaries of an area subject to a
3 petition pending on June 1, 1994, and prior to final agency
4 action on such petition, shall be reviewed under the rules
5 adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
6 Florida Statutes 1983, as amended, and this part, in existence
7 prior to the effective date of the rules adopted under
8 subsection (9), unless the applicant elects to have such
9 activities reviewed under the rules adopted under this part,
10 as amended in accordance with subsection (9). In the event
11 that a jurisdictional declaratory statement pursuant to the
12 vegetative index in effect prior to the effective date of
13 chapter 84-79, Laws of Florida, has been obtained and is valid
14 prior to the effective date of the rules adopted under
15 subsection (9) or July 1, 1994, whichever is later, and the
16 affected lands are part of a project for which a master
17 development order has been issued pursuant to s. 380.06(21),
18 the declaratory statement shall remain valid for the duration
19 of the buildout period of the project. Any jurisdictional
20 determination validated by the department pursuant to rule
21 17-301.400(8), Florida Administrative Code, as it existed in
22 rule 17-4.022, Florida Administrative Code, on April 1, 1985,
23 shall remain in effect for a period of 5 years following the
24 effective date of this act if proof of such validation is
25 submitted to the department prior to January 1, 1995. In the
26 event that a jurisdictional determination has been revalidated
27 by the department pursuant to this subsection and the affected
28 lands are part of a project for which a development order has
29 been issued pursuant to s. 380.06(15), a final development
30 order to which s. 163.3167(8) applies has been issued, or a
31 vested rights determination has been issued pursuant to s.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1730
Barcode 941302
1 380.06(20), the jurisdictional determination shall remain
2 valid until the completion of the project, provided proof of
3 such validation and documentation establishing that the
4 project meets the requirements of this sentence are submitted
5 to the department prior to January 1, 1995. Activities
6 proposed within the boundaries of a valid declaratory
7 statement issued pursuant to a petition submitted to either
8 the department or the relevant water management district on or
9 before prior to June 1, 1994, or a revalidated jurisdictional
10 determination, prior to its expiration shall continue
11 thereafter to be exempt from the methodology ratified in s.
12 373.4211 and to be reviewed under the rules adopted pursuant
13 to ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
14 1983, as amended, and this part, in existence prior to the
15 effective date of the rules adopted under subsection (9),
16 unless the applicant elects to have such activities reviewed
17 under the rules adopted under this part, as amended in
18 accordance with subsection (9).
19 (19)(a) Financial responsibility for mitigation for
20 wetlands and other surface waters required by a permit issued
21 pursuant to part IV for activities associated with the
22 extraction of phosphate are subject to approval by the
23 department as part of permit-application review. Financial
24 responsibility for permitted activities that will occur over a
25 period of 3 years or less of mining operations must be
26 provided to the department prior to the commencement of mining
27 operations and shall be in an amount equal to 110 percent of
28 the estimated mitigation costs for wetlands and other surface
29 waters affected under the permit. For permitted activities
30 that will occur over a period of more than 3 years of mining
31 operations, the initial financial-responsibility demonstration
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1730
Barcode 941302
1 shall be in an amount equal to 110 percent of the estimated
2 mitigation costs for wetlands and other surface waters
3 affected in the first 3 years of operation under the permit;
4 each year thereafter, the financial-responsibility
5 demonstration shall be updated, including the provision of an
6 amount equal to 110 percent of the estimated mitigation costs
7 for the next year of operations under the permit for which
8 financial responsibility has not already been demonstrated and
9 to release portions of the financial-responsibility mechanisms
10 in accordance with applicable rules.
11 (b) The mechanisms for providing financial
12 responsibility pursuant to the permit shall, at the discretion
13 of the applicant, include the following:
14 1. Cash or cash equivalent deposited in an escrow
15 account.
16 2. Irrevocable letter of credit.
17 3. Performance bond.
18 4. Trust fund agreement.
19 5. Guarantee bond.
20 6. Insurance certificate.
21 7. Demonstration that the applicant meets the
22 financial test and corporate guarantee requirements set forth
23 in 40 C.F.R. s. 264.143(f).
24 8. A demonstration that the applicant meets the
25 self-bonding provision set forth in 30 C.F.R. s. 800.23.
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27 The form and content of all financial responsibility
28 mechanisms shall be approved by the department. When using an
29 irrevocable letter of credit, performance bond, or guarantee
30 bond, all payments made thereunder shall be deposited into a
31 stand-by trust fund established contemporaneously with the
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1730
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1 posting of the financial assurance instrument. All Trust Fund
2 Agreements and Standby Trust Fund Agreements shall provide
3 that distributions therefrom will be made only at the request
4 of the department and that the trustees of such funds shall be
5 either a national or state-chartered banking institution or a
6 state-regulated trust company.
7 (c) This subsection does not apply to any mitigation
8 for wetlands and other surface waters which is required
9 pursuant to a permit or permits initially issued by the
10 department or district prior to January 1, 2005.
11 (d) Nothing in this subsection supersedes or modifies
12 the financial responsibility requirements of s. 378.209.
13 Section 2. Section 10 of chapter 2003-423, Laws of
14 Florida, is amended to read:
15 Section 10. (1) The Department of Environmental
16 Protection, in consultation with the Southwest Florida Water
17 Management District, shall study cumulative impacts of changes
18 in landform and hydrology in the Peace River Basin. The study
19 shall evaluate cumulative impacts of activities conducted in
20 the Peace River Basin prior to state regulation, or pursuant
21 to an exemption, a permit, or a reclamation plan, on water
22 resources of the basin, including surface waters,
23 groundwaters, fisheries, aquatic and estuarine habitat, and
24 water supplies. The study must also include an evaluation of
25 the effectiveness of existing regulatory programs in avoiding,
26 minimizing, mitigating, or compensating for cumulative impacts
27 on water resources of the basin. In addition, the study shall
28 evaluate the environmental benefits, legal issues, and
29 economic impacts of limiting activities, including mining
30 activities, on waters and environmentally sensitive areas
31 around waterbodies by establishing a buffer within the
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1730
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1 100-year floodplain of major perennial streams within the
2 Peace River Basin, including the Peace River, Horse Creek, and
3 the Myakka River. The study shall also recommend ways in which
4 any buffer areas recommended as prohibited areas can be
5 considered as mitigation under applicable permitting programs.
6 (2) Upon completion of the study, the department shall
7 prepare and adopt a resource management plan for the Peace
8 River Basin to minimize any identified existing and future
9 adverse cumulative impacts to water resources of the basin,
10 including surface waters, groundwaters, wetlands, fisheries,
11 aquatic and estuarine habitat, and water supplies. The plan
12 must identify regulatory and nonregulatory actions necessary
13 to minimize existing and future adverse cumulative impacts
14 identified in the study and, where appropriate, must also
15 recommend statutory changes to improve regulatory programs to
16 minimize identified cumulative impacts to water resources of
17 the basin.
18 (3) Rulemaking authority is granted to the Department
19 of Environmental Protection and the Southwest Florida Water
20 Management District to implement the regulatory
21 recommendations identified in the study or the resource
22 management plan.
23 (4) The resource management plan shall be submitted to
24 the Governor, the President of the Senate, and the Speaker of
25 the House of Representatives no later than January 31, 2007
26 July 1, 2005.
27 (5) The department may use up to $750,000 from the
28 Nonmandatory Land Reclamation Trust Fund to prepare the study
29 and plan required in this section.
30 (6) The department may establish a technical advisory
31 committee to assist the department in developing a plan of
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1730
Barcode 941302
1 study, reviewing interim findings, and reviewing final
2 recommendations. The technical advisory committee may include
3 representatives from the following interests in the Peace
4 River Basin: industrial, mining, agriculture, development,
5 environmental, fishing, regional water supply, regional
6 planning council, and local government.
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8 (Redesignate subsequent sections.)
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11 ================ T I T L E A M E N D M E N T ===============
12 And the title is amended as follows:
13 On page 1, line 3, after the first semicolon,
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15 insert:
16 amending s. 373.414, F.S.; specifying that
17 certain regulatory requirements or exemptions
18 relating to the permitting of activities in
19 surface waters and wetlands by the Department
20 of Environmental Protection or the water
21 management districts which apply to activities
22 that are within the boundaries of a declaratory
23 statement that was issued pursuant to a
24 petition filed before June 1, 1994, also apply
25 when a petition was filed on June 1, 1994;
26 requiring financial responsibility for
27 mitigation of wetlands and other surface
28 waters; specifying the financial-responsibility
29 demonstration for permitted activities
30 occurring over a period of 3 years or more of
31 mining activities; extending the due date of
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1730
Barcode 941302
1 the Peace River Basin study;
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