Senate Bill sb1306

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    Florida Senate - 2006                                  SB 1306

    By Senator Garcia





    40-936-06

  1                      A bill to be entitled

  2         An act relating to the Miami-Dade County Lake

  3         Belt Plan; amending s. 373.4149, F.S.; deleting

  4         certain areas that are not within the

  5         boundaries of the plan; amending s. 373.41492,

  6         F.S.; removing certain areas from the list of

  7         properties from which limerock and sand are

  8         extracted; increasing the mitigation fee that

  9         is imposed for each ton of limerock and sand

10         that is sold; revising the date on which the

11         mitigation fee will be increased; adding

12         funding sources that may be reimbursed with the

13         proceeds of a mitigation fee; providing an

14         effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Subsection (3) of section 373.4149, Florida

19  Statutes, is amended to read:

20         373.4149  Miami-Dade County Lake Belt Plan.--

21         (3)  The Miami-Dade County Lake Belt Area is that area

22  bounded by the Ronald Reagan Turnpike to the east, the

23  Miami-Dade-Broward County line to the north, Krome Avenue to

24  the west and Tamiami Trail to the south together with the land

25  south of Tamiami Trail in sections 5, 6, 7, 8, 17, and 18,

26  Township 54 South, Range 39 East, sections 24, 25, and 36,

27  Township 54 South, Range 38 East less those portions of

28  section 3, south of Krome Avenue and west of U.S. Highway 27,

29  section 10, except the west one-half, section 11, except the

30  northeast one-quarter and the east one-half of the northwest

31  one-quarter, and tracts 38 through 41, and tracts 49 through

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    Florida Senate - 2006                                  SB 1306
    40-936-06




 1  64 inclusive, section 13, except tracts 17 through 35 and

 2  tracts 46 through 48, of Florida Fruit Lands Company

 3  Subdivision No. 1 according to the plat thereof as recorded in

 4  plat book 2, page 17, public records of Miami-Dade County, and

 5  section 14, except the west three quarters, Township 52 South,

 6  Range 39 East, lying north of the Miami Canal, sections 35 and

 7  36 and the east one-half of sections 24 and 25, Township 53

 8  South, Range 39 East and Government Lots 1 and 2, lying

 9  between Townships 53 and 54 South, Range 39 East and those

10  portions of sections 1 and 2, Township 54 South, Range 39

11  East, lying north of Tamiami Trail.

12         Section 2.  Subsections (2) and (5) and paragraph (a)

13  of subsection (6) of section 373.41492, Florida Statutes, are

14  amended to read:

15         373.41492  Miami-Dade County Lake Belt Mitigation Plan;

16  mitigation for mining activities within the Miami-Dade County

17  Lake Belt.--

18         (2)  To provide for the mitigation of wetland resources

19  lost to mining activities within the Miami-Dade County Lake

20  Belt Plan, effective October 1, 1999, a mitigation fee is

21  imposed on each ton of limerock and sand extracted by any

22  person who engages in the business of extracting limerock or

23  sand from within the Miami-Dade County Lake Belt Area and

24  sections 10, 11, 13, 14, Township 52 South, Range 39 East, and

25  sections 24, 25, 35, and 36, Township 53 South, Range 39 East.

26  The mitigation fee is imposed at the rate of 5 cents for each

27  ton of limerock and sand sold from within the properties where

28  the fee applies in raw, processed, or manufactured form,

29  including, but not limited to, sized aggregate, asphalt,

30  cement, concrete, and other limerock and concrete products.

31  The mitigation fee imposed by this subsection for each ton of

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    Florida Senate - 2006                                  SB 1306
    40-936-06




 1  limerock and sand that is sold shall be 12 cents per ton

 2  beginning October 1, 2006, 18 cents per ton beginning October

 3  1, 2007, and 24 cents per ton beginning October 1, 2008. Any

 4  limerock or sand that is used within the mine from which the

 5  limerock or sand is extracted is exempt from the fee. The

 6  amount of the mitigation fee imposed under this section must

 7  be stated separately on the invoice provided to the purchaser

 8  of the limerock or sand product from the limerock or sand

 9  miner, or its subsidiary or affiliate, for which the

10  mitigation fee applies.  The limerock or sand miner, or its

11  subsidiary or affiliate, who sells the limerock or sand

12  product shall collect the mitigation fee and forward the

13  proceeds of the fee to the Department of Revenue on or before

14  the 20th day of the month following the calendar month in

15  which the sale occurs.

16         (5)  Beginning October 1, 2009 January 1, 2001, and

17  each October 1 January 1 thereafter, the per-ton mitigation

18  fee shall be increased by 2.1 percentage points, plus a cost

19  growth index. The cost growth index shall be the percentage

20  change in the weighted average of the Employment Cost Index

21  for All Civilian Workers (ecu 10001I), issued by the United

22  States Department of Labor for the most recent 12-month period

23  ending on September 30, and the percentage change in the

24  Producer Price Index for All Commodities (WPU 00000000),

25  issued by the United States Department of Labor for the most

26  recent 12-month period ending on September 30, compared to the

27  weighted average of these indices for the previous year. The

28  weighted average shall be calculated as 0.6 times the

29  percentage change in the Employment Cost Index for All

30  Civilian Workers (ecu 10001I), plus 0.4 times the percentage

31  change in the Producer Price Index for All Commodities (WPU

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    Florida Senate - 2006                                  SB 1306
    40-936-06




 1  00000000). If either index is discontinued, it shall be

 2  replaced by its successor index, as identified by the United

 3  States Department of Labor.

 4         (6)(a)  The proceeds of the mitigation fee must be used

 5  to conduct mitigation activities that are appropriate to

 6  offset the loss of the value and functions of wetlands as a

 7  result of mining activities and must be used in a manner

 8  consistent with the recommendations contained in the reports

 9  submitted to the Legislature by the Miami-Dade County Lake

10  Belt Plan Implementation Committee and adopted under s.

11  373.4149. The Such mitigation may include the purchase,

12  enhancement, restoration, and management of wetlands and

13  uplands, the purchase of mitigation credit from a permitted

14  mitigation bank, and any structural modifications to the

15  existing drainage system to enhance the hydrology of the

16  Miami-Dade County Lake Belt Area. Funds may also be used to

17  reimburse other funding sources, including the Save Our Rivers

18  Land Acquisition Program, and the Internal Improvement Trust

19  Fund, the South Florida Water Management District, and

20  Miami-Dade County, for the purchase of lands that were

21  acquired in areas appropriate for mitigation due to rock

22  mining and to reimburse governmental agencies that exchanged

23  land under s. 373.4149 for mitigation due to rockmining.

24         Section 3.  This act shall take effect upon becoming a

25  law.

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    Florida Senate - 2006                                  SB 1306
    40-936-06




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 2                          SENATE SUMMARY

 3    Deletes certain areas that are not within the boundaries
      of the Miami-Dade County Lake Belt Plan. Removes certain
 4    areas from the list of properties from which limerock and
      sand are extracted. Increases the mitigation fee that is
 5    imposed for each ton of limerock and sand that is sold.
      Revises the date on which the mitigation fee will be
 6    increased. Adds funding sources that may be reimbursed
      with the proceeds of a mitigation fee.
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