Senate Bill sb1306c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                           CS for SB 1306

    By the Committee on Environmental Preservation; and Senator
    Garcia




    592-1945-06

  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.; revising

  4         the geographic boundaries of the Miami-Dade

  5         County Lake Belt Area; amending s. 373.41492,

  6         F.S.; revising the geographic boundaries for

  7         mining areas subject to the mitigation fees

  8         under the Miami-Dade County Lake Belt

  9         Mitigation Plan; providing for mitigation fee

10         increases; authorizing proceeds of mitigation

11         fees to be allocated to the South Florida Water

12         Management District and Miami-Dade County for

13         specific purposes; revising the reporting

14         requirements for the interagency committee;

15         providing an effective date.

16  

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

18  

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

20  Statutes, is amended to read:

21         373.4149  Miami-Dade County Lake Belt Plan.--

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

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

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

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

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

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

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

29  section 3, Township 52 South, Range 39 East, south of Krome

30  Avenue and west of U.S. Highway 27, and less section 10,

31  except the west one-half, section 11, except the northeast

                                  1

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






    Florida Senate - 2006                           CS for SB 1306
    592-1945-06




 1  one-quarter and the east one-half of the northwest

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

 3  64 inclusive, section 13, except tracts 17 through 35 and

 4  tracts 46 through 48, of Florida Fruit Lands Company

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

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

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

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

 9  36 and the east one-half of sections 24 and 25, Township 53

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

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

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

13  East, lying north of Tamiami Trail.

14         Section 2.  Subsections (2), (5), and (7), paragraph

15  (a) of subsection (6), and paragraph (b) of subsection (9) of

16  section 373.41492, Florida Statutes, are amended to read:

17         373.41492  Miami-Dade County Lake Belt Mitigation Plan;

18  mitigation for mining activities within the Miami-Dade County

19  Lake Belt.--

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

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

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

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

24  person who engages in the business of extracting limerock or

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

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

27  the east one-half of sections 24 and, 25 and all of sections,

28  35, and 36, Township 53 South, Range 39 East. The mitigation

29  fee is imposed at the rate of 5 cents for each ton of limerock

30  and sand sold from within the properties where the fee applies

31  in raw, processed, or manufactured form, including, but not

                                  2

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






    Florida Senate - 2006                           CS for SB 1306
    592-1945-06




 1  limited to, sized aggregate, asphalt, cement, concrete, and

 2  other limerock and concrete products. The mitigation fee

 3  imposed by this subsection for each ton of limerock and sand

 4  that is sold shall be 12 cents per ton beginning October 1,

 5  2006, 18 cents per ton beginning October 1, 2007, and 24 cents

 6  per ton beginning October 1, 2008. Any limerock or sand that

 7  is used within the mine from which the limerock or sand is

 8  extracted is exempt from the fee. The amount of the mitigation

 9  fee imposed under this section must be stated separately on

10  the invoice provided to the purchaser of the limerock or sand

11  product from the limerock or sand miner, or its subsidiary or

12  affiliate, for which the mitigation fee applies.  The limerock

13  or sand miner, or its subsidiary or affiliate, who sells the

14  limerock or sand product shall collect the mitigation fee and

15  forward the proceeds of the fee to the Department of Revenue

16  on or before the 20th day of the month following the calendar

17  month in which the sale occurs.

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

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

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

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

22  change in the weighted average of the Employment Cost Index

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

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

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

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

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

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

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

30  weighted average shall be calculated as 0.6 times the

31  percentage change in the Employment Cost Index for All

                                  3

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






    Florida Senate - 2006                           CS for SB 1306
    592-1945-06




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

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

 3  00000000). If either index is discontinued, it shall be

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

 5  States Department of Labor.

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

 7  to conduct mitigation activities that are appropriate to

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

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

10  consistent with the recommendations contained in the reports

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

12  Belt Plan Implementation Committee and adopted under s.

13  373.4149. The Such mitigation may include the purchase,

14  enhancement, restoration, and management of wetlands and

15  uplands, the purchase of mitigation credit from a permitted

16  mitigation bank, and any structural modifications to the

17  existing drainage system to enhance the hydrology of the

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

19  reimburse other funding sources, including the Save Our Rivers

20  Land Acquisition Program, and the Internal Improvement Trust

21  Fund, the South Florida Water Management District, and

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

23  acquired in areas appropriate for mitigation due to rock

24  mining and to reimburse governmental agencies that exchanged

25  land under s. 373.4149 for mitigation due to rock mining

26  rockmining.

27         (7)  Payment of the fee imposed by this section

28  satisfies the mitigation requirements imposed under ss.

29  373.403-373.439 and any applicable county ordinance for loss

30  of the value and functions from mining of the wetlands

31  identified as rock mining rockmining supported and allowable

                                  4

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






    Florida Senate - 2006                           CS for SB 1306
    592-1945-06




 1  areas of the Miami-Dade County Lake Plan adopted by s.

 2  373.4149(1). In addition, it is the intent of the Legislature

 3  that the payment of the mitigation fee imposed by this section

 4  satisfy all federal mitigation requirements for the wetlands

 5  mined.

 6         (9)

 7         (b)  No sooner than January 31, 2010, and no more

 8  frequently than every 5 10 years thereafter, the interagency

 9  committee shall submit to the Legislature a report

10  recommending any needed adjustments to the mitigation fee to

11  ensure that the revenue generated reflects the actual costs of

12  the mitigation.

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

14  law.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 1306

18                                 

19  The committee substitute further revises the boundaries of the
    Lake Belt Area and the properties within the Lake Belt Area
20  that are subject to the mitigation fee. The interagency
    committee created in s. 373.41492, F.S., to oversee the
21  mitigation expenditures, is required to submit a report to the
    Legislature every 5 years instead of every 10 years
22  recommending any needed adjustments to the mitigation fee to
    ensure that the revenue generated reflects the actual costs of
23  the mitigation.

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

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