HB 1039

1	A bill to be entitled
2	An act relating to the Miami-Dade County Lake Belt Area;
3	amending s. 373.4149, F.S.; revising the geographic
4	boundaries of the Miami-Dade County Lake Belt Area;
5	amending s. 373.41492, F.S.; revising the geographic
6	boundaries for mining areas subject to mitigation fees
7	under the Miami-Dade County Lake Belt Mitigation Plan;
8	providing for mitigation fee increases; authorizing
9	proceeds of mitigation fees to be allocated to the South
10	Florida Water Management District and Miami-Dade County
11	for specific purposes; revising the reporting requirements
12	for the interagency committee; providing an effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsection (3) of section 373.4149, Florida
18	Statutes, is amended to read:
19	373.4149  Miami-Dade County Lake Belt Plan.--
20	(3)  The Miami-Dade County Lake Belt Area is that area
21	bounded by the Ronald Reagan Turnpike to the east, the
22	Miami-Dade-Broward County line to the north, Krome Avenue to the
23	west and Tamiami Trail to the south together with the land south
24	of Tamiami Trail in sections 5, 6, 7, 8, 17, and 18, Township 54
25	South, Range 39 East, sections 24, 25, and 36, Township 54
26	South, Range 38 East, less those portions of section 3, Township
27	52 South, Range 39 East south of Krome Avenue and west of U.S.
28	Highway 27, section 10, except the west one-half, section 11,
29	except the northeast one-quarter and the east one-half of the
30	northwest one-quarter, and tracts 38 through 41, and tracts 49
31	through 64 inclusive, section 13, except tracts 17 through 35
32	and tracts 46 through 48, of Florida Fruit Lands Company
33	Subdivision No. 1 according to the plat thereof as recorded in
34	plat book 2, page 17, public records of Miami-Dade County, and
35	section 14, except the west three quarters, Township 52 South,
36	Range 39 East, lying north of the Miami Canal, and less sections
37	35 and 36 and the east one-half of sections 24 and 25, Township
38	53 South, Range 39 East and Government Lots 1 and 2, lying
39	between Townships 53 and 54 South, Range 39 East and those
40	portions of sections 1 and 2, Township 54 South, Range 39 East,
41	lying north of Tamiami Trail.
42	Section 2.  Subsections (2), (5), and (7), paragraph (a) of
43	subsection (6), and paragraph (b) of subsection (9) of section
44	373.41492, Florida Statutes, are amended to read:
45	373.41492  Miami-Dade County Lake Belt Mitigation Plan;
46	mitigation for mining activities within the Miami-Dade County
47	Lake Belt.--
48	(2)  To provide for the mitigation of wetland resources
49	lost to mining activities within the Miami-Dade County Lake Belt
50	Plan, effective October 1, 1999, a mitigation fee is imposed on
51	each ton of limerock and sand extracted by any person who
52	engages in the business of extracting limerock or sand from
53	within the Miami-Dade County Lake Belt Area and sections 10, 11,
54	13, 14, Township 52 South, Range 39 East, and the east one-half
55	of sections 24 and, 25 and all of sections, 35, and 36, Township
56	53 South, Range 39 East. The mitigation fee is imposed at the
57	rate of 5 cents for each ton of limerock and sand sold from
58	within the properties where the fee applies in raw, processed,
59	or manufactured form, including, but not limited to, sized
60	aggregate, asphalt, cement, concrete, and other limerock and
61	concrete products. The mitigation fee imposed by this subsection
62	for each ton of limerock and sand sold shall be 12 cents per ton
63	beginning October 1, 2006, 18 cents per ton beginning October 1,
64	2007, and 24 cents per ton beginning October 1, 2008. Any
65	limerock or sand that is used within the mine from which the
66	limerock or sand is extracted is exempt from the fee. The amount
67	of the mitigation fee imposed under this section must be stated
68	separately on the invoice provided to the purchaser of the
69	limerock or sand product from the limerock or sand miner, or its
70	subsidiary or affiliate, for which the mitigation fee applies.
71	The limerock or sand miner, or its subsidiary or affiliate, who
72	sells the limerock or sand product shall collect the mitigation
73	fee and forward the proceeds of the fee to the Department of
74	Revenue on or before the 20th day of the month following the
75	calendar month in which the sale occurs.
76	(5)  Beginning October 1, 2009 January 1, 2001, and each
77	October_1 January 1 thereafter, the per-ton mitigation fee shall
78	be increased by 2.1 percentage points, plus a cost growth index.
79	The cost growth index shall be the percentage change in the
80	weighted average of the Employment Cost Index for All Civilian
81	Workers (ecu 10001I), issued by the United States Department of
82	Labor for the most recent 12-month period ending on September
83	30, and the percentage change in the Producer Price Index for
84	All Commodities (WPU 00000000), issued by the United States
85	Department of Labor for the most recent 12-month period ending
86	on September 30, compared to the weighted average of these
87	indices for the previous year. The weighted average shall be
88	calculated as 0.6 times the percentage change in the Employment
89	Cost Index for All Civilian Workers (ecu 10001I), plus 0.4 times
90	the percentage change in the Producer Price Index for All
91	Commodities (WPU 00000000). If either index is discontinued, it
92	shall be replaced by its successor index, as identified by the
93	United States Department of Labor.
94	(6)(a)  The proceeds of the mitigation fee must be used to
95	conduct mitigation activities that are appropriate to offset the
96	loss of the value and functions of wetlands as a result of
97	mining activities and must be used in a manner consistent with
98	the recommendations contained in the reports submitted to the
99	Legislature by the Miami-Dade County Lake Belt Plan
100	Implementation Committee and adopted under s. 373.4149. Such
101	mitigation may include the purchase, enhancement, restoration,
102	and management of wetlands and uplands, the purchase of
103	mitigation credit from a permitted mitigation bank, and any
104	structural modifications to the existing drainage system to
105	enhance the hydrology of the Miami-Dade County Lake Belt Area.
106	Funds may also be used to reimburse other funding sources,
107	including the Save Our Rivers Land Acquisition Program, and the
108	Internal Improvement Trust Fund, the South Florida Water
109	Management District, and Miami-Dade County, for the purchase of
110	lands that were acquired in areas appropriate for mitigation due
111	to rock mining and to reimburse governmental agencies that
112	exchanged land under s. 373.4149 for mitigation due to rock
113	mining rockmining.
114	(7)  Payment of the fee imposed by this section satisfies
115	the mitigation requirements imposed under ss. 373.403-373.439
116	and any applicable county ordinance for loss of the value and
117	functions from mining of the wetlands identified as rock mining
118	rockmining supported and allowable areas of the Miami-Dade
119	County Lake Plan adopted by s. 373.4149(1). In addition, it is
120	the intent of the Legislature that the payment of the mitigation
121	fee imposed by this section satisfy all federal mitigation
122	requirements for the wetlands mined.
123	(9)
124	(b)  No sooner than January 31, 2010, and no more
125	frequently than every 5 10 years thereafter, the interagency
126	committee shall submit to the Legislature a report recommending
127	any needed adjustments to the mitigation fee to ensure that the
128	revenue generated reflects the actual costs of the mitigation.
129	Section 3.  This act shall take effect October 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.