HB 1039

1
A bill to be entitled
2An act relating to the Miami-Dade County Lake Belt Area;
3amending s. 373.4149, F.S.; revising the geographic
4boundaries of the Miami-Dade County Lake Belt Area;
5amending s. 373.41492, F.S.; revising the geographic
6boundaries for mining areas subject to mitigation fees
7under the Miami-Dade County Lake Belt Mitigation Plan;
8providing for mitigation fee increases; authorizing
9proceeds of mitigation fees to be allocated to the South
10Florida Water Management District and Miami-Dade County
11for specific purposes; revising the reporting requirements
12for the interagency committee; providing an effective
13date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsection (3) of section 373.4149, Florida
18Statutes, 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
21bounded by the Ronald Reagan Turnpike to the east, the
22Miami-Dade-Broward County line to the north, Krome Avenue to the
23west and Tamiami Trail to the south together with the land south
24of Tamiami Trail in sections 5, 6, 7, 8, 17, and 18, Township 54
25South, Range 39 East, sections 24, 25, and 36, Township 54
26South, Range 38 East, less those portions of section 3, Township
2752 South, Range 39 East south of Krome Avenue and west of U.S.
28Highway 27, section 10, except the west one-half, section 11,
29except the northeast one-quarter and the east one-half of the
30northwest one-quarter, and tracts 38 through 41, and tracts 49
31through 64 inclusive, section 13, except tracts 17 through 35
32and tracts 46 through 48, of Florida Fruit Lands Company
33Subdivision No. 1 according to the plat thereof as recorded in
34plat book 2, page 17, public records of Miami-Dade County, and
35section 14, except the west three quarters, Township 52 South,
36Range 39 East, lying north of the Miami Canal, and less sections
3735 and 36 and the east one-half of sections 24 and 25, Township
3853 South, Range 39 East and Government Lots 1 and 2, lying
39between Townships 53 and 54 South, Range 39 East and those
40portions of sections 1 and 2, Township 54 South, Range 39 East,
41lying north of Tamiami Trail.
42     Section 2.  Subsections (2), (5), and (7), paragraph (a) of
43subsection (6), and paragraph (b) of subsection (9) of section
44373.41492, Florida Statutes, are amended to read:
45     373.41492  Miami-Dade County Lake Belt Mitigation Plan;
46mitigation for mining activities within the Miami-Dade County
47Lake Belt.--
48     (2)  To provide for the mitigation of wetland resources
49lost to mining activities within the Miami-Dade County Lake Belt
50Plan, effective October 1, 1999, a mitigation fee is imposed on
51each ton of limerock and sand extracted by any person who
52engages in the business of extracting limerock or sand from
53within the Miami-Dade County Lake Belt Area and sections 10, 11,
5413, 14, Township 52 South, Range 39 East, and the east one-half
55of sections 24 and, 25 and all of sections, 35, and 36, Township
5653 South, Range 39 East. The mitigation fee is imposed at the
57rate of 5 cents for each ton of limerock and sand sold from
58within the properties where the fee applies in raw, processed,
59or manufactured form, including, but not limited to, sized
60aggregate, asphalt, cement, concrete, and other limerock and
61concrete products. The mitigation fee imposed by this subsection
62for each ton of limerock and sand sold shall be 12 cents per ton
63beginning October 1, 2006, 18 cents per ton beginning October 1,
642007, and 24 cents per ton beginning October 1, 2008. Any
65limerock or sand that is used within the mine from which the
66limerock or sand is extracted is exempt from the fee. The amount
67of the mitigation fee imposed under this section must be stated
68separately on the invoice provided to the purchaser of the
69limerock or sand product from the limerock or sand miner, or its
70subsidiary or affiliate, for which the mitigation fee applies.
71The limerock or sand miner, or its subsidiary or affiliate, who
72sells the limerock or sand product shall collect the mitigation
73fee and forward the proceeds of the fee to the Department of
74Revenue on or before the 20th day of the month following the
75calendar month in which the sale occurs.
76     (5)  Beginning October 1, 2009 January 1, 2001, and each
77October_1 January 1 thereafter, the per-ton mitigation fee shall
78be increased by 2.1 percentage points, plus a cost growth index.
79The cost growth index shall be the percentage change in the
80weighted average of the Employment Cost Index for All Civilian
81Workers (ecu 10001I), issued by the United States Department of
82Labor for the most recent 12-month period ending on September
8330, and the percentage change in the Producer Price Index for
84All Commodities (WPU 00000000), issued by the United States
85Department of Labor for the most recent 12-month period ending
86on September 30, compared to the weighted average of these
87indices for the previous year. The weighted average shall be
88calculated as 0.6 times the percentage change in the Employment
89Cost Index for All Civilian Workers (ecu 10001I), plus 0.4 times
90the percentage change in the Producer Price Index for All
91Commodities (WPU 00000000). If either index is discontinued, it
92shall be replaced by its successor index, as identified by the
93United States Department of Labor.
94     (6)(a)  The proceeds of the mitigation fee must be used to
95conduct mitigation activities that are appropriate to offset the
96loss of the value and functions of wetlands as a result of
97mining activities and must be used in a manner consistent with
98the recommendations contained in the reports submitted to the
99Legislature by the Miami-Dade County Lake Belt Plan
100Implementation Committee and adopted under s. 373.4149. Such
101mitigation may include the purchase, enhancement, restoration,
102and management of wetlands and uplands, the purchase of
103mitigation credit from a permitted mitigation bank, and any
104structural modifications to the existing drainage system to
105enhance the hydrology of the Miami-Dade County Lake Belt Area.
106Funds may also be used to reimburse other funding sources,
107including the Save Our Rivers Land Acquisition Program, and the
108Internal Improvement Trust Fund, the South Florida Water
109Management District, and Miami-Dade County, for the purchase of
110lands that were acquired in areas appropriate for mitigation due
111to rock mining and to reimburse governmental agencies that
112exchanged land under s. 373.4149 for mitigation due to rock
113mining rockmining.
114     (7)  Payment of the fee imposed by this section satisfies
115the mitigation requirements imposed under ss. 373.403-373.439
116and any applicable county ordinance for loss of the value and
117functions from mining of the wetlands identified as rock mining
118rockmining supported and allowable areas of the Miami-Dade
119County Lake Plan adopted by s. 373.4149(1). In addition, it is
120the intent of the Legislature that the payment of the mitigation
121fee imposed by this section satisfy all federal mitigation
122requirements for the wetlands mined.
123     (9)
124     (b)  No sooner than January 31, 2010, and no more
125frequently than every 5 10 years thereafter, the interagency
126committee shall submit to the Legislature a report recommending
127any needed adjustments to the mitigation fee to ensure that the
128revenue 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.