Senate Bill sb1306c1
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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.
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17 Be It Enacted by the Legislature of the State of Florida:
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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
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Florida Senate - 2006 CS for SB 1306
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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
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Florida Senate - 2006 CS for SB 1306
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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
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Florida Senate - 2006 CS for SB 1306
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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
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Florida Senate - 2006 CS for SB 1306
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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.
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16 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
17 Senate Bill 1306
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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.
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