HB 1039

CS

CHAMBER ACTION

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

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