Senate Bill sb1306c2

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    Florida Senate - 2006                    CS for CS for SB 1306

    By the Committees on General Government Appropriations;
    Environmental Preservation; and Senator Garcia




    601-2386-06

  1                      A bill to be entitled

  2         An act relating to the Miami-Dade County Lake

  3         Belt Area; 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; imposing a water treatment plant

11         upgrade fee; authorizing proceeds of mitigation

12         fees to be allocated to the South Florida Water

13         Management District and Miami-Dade County for

14         specific purposes; authorizing the proceeds of

15         the water treatment plant upgrade fee to be

16         used for updating a water treatment plant near

17         the Lake Belt Area; revising the reporting

18         requirements for the interagency committee;

19         designating the Site 1 Impoundment project of

20         the Comprehensive Everglades Restoration Plan

21         sponsored by the South Florida Water Management

22         District as the "Fran Reich Preserve";

23         directing the South Florida Water Management

24         District to erect suitable markers; providing

25         an effective date.

26  

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

28  

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

30  Statutes, is amended to read:

31         373.4149  Miami-Dade County Lake Belt Plan.--

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    Florida Senate - 2006                    CS for CS for SB 1306
    601-2386-06




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

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

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

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

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

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

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

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

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

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

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

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

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

14  tracts 46 through 48, of Florida Fruit Lands Company

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

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

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

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

19  36 and the east one-half of sections 24 and 25, Township 53

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

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

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

23  East, lying north of Tamiami Trail.

24         Section 2.  Subsections (2), (3), (4), (5), (6), and

25  (7), and paragraph (b) of subsection (9) of section 373.41492,

26  Florida Statutes, are amended to read:

27         373.41492  Miami-Dade County Lake Belt Mitigation Plan;

28  mitigation for mining activities within the Miami-Dade County

29  Lake Belt.--

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

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

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    Florida Senate - 2006                    CS for CS for SB 1306
    601-2386-06




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

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

 3  person who engages in the business of extracting limerock or

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

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

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

 7  35, and 36, Township 53 South, Range 39 East. The mitigation

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

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

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

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

12  other limerock and concrete products. The mitigation fee

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

14  that is sold shall be 12 cents per ton beginning January 1,

15  2007, 18 cents per ton beginning January 1, 2008, and 24 cents

16  per ton beginning January 1, 2009. To upgrade a water

17  treatment plant that treats water coming from the Northwest

18  Wellfield in Miami-Dade County, a water treatment plant

19  upgrade fee is imposed within the same Lake Belt Area subject

20  to the mitigation fee and upon the same kind of mined limerock

21  and sand as the mitigation fee. The water treatment plant

22  upgrade fee imposed by this subsection for each ton of

23  limerock and sand sold shall be 15 cents per ton beginning on

24  January 1, 2007, and the collection of this fee shall cease

25  once the total amount of proceeds, less administrative costs,

26  collected for this fee reaches $112.5 million or the amount of

27  the actual moneys necessary to design and construct the

28  treatment plant upgrade, whichever is less. Any limerock or

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

30  sand is extracted is exempt from the fees fee. The amount of

31  the mitigation fee and the water treatment plant upgrade fee

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    Florida Senate - 2006                    CS for CS for SB 1306
    601-2386-06




 1  imposed under this section must be stated separately on the

 2  invoice provided to the purchaser of the limerock or sand

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

 4  affiliate, for which the mitigation fee or fees apply applies.

 5  The limerock or sand miner, or its subsidiary or affiliate,

 6  who sells the limerock or sand product shall collect the

 7  mitigation fee and the water treatment plant upgrade fee and

 8  forward the proceeds of the fees fee to the Department of

 9  Revenue on or before the 20th day of the month following the

10  calendar month in which the sale occurs.

11         (3)  The mitigation fee and treatment plant upgrade fee

12  imposed by this section must be reported to the Department of

13  Revenue. Payment of the mitigation fee and treatment plant

14  upgrade fee must be accompanied by a form prescribed by the

15  Department of Revenue. The proceeds of the mitigation fee,

16  less administrative costs, must be transferred by the

17  Department of Revenue to the South Florida Water Management

18  District and deposited into the Lake Belt Mitigation Trust

19  Fund. The proceeds of the treatment plant upgrade fee, less

20  administrative costs, must be transferred by the Department of

21  Revenue to a trust fund established by Miami-Dade County, for

22  the sole purpose authorized by paragraph (6)(a). As used in

23  this section, the term "proceeds of the fee" means all funds

24  collected and received by the Department of Revenue under this

25  section, including interest and penalties on delinquent

26  mitigation fees. The amount deducted for administrative costs

27  may not exceed 3 percent of the total revenues collected under

28  this section and may equal only those administrative costs

29  reasonably attributable to the fees mitigation fee.

30         (4)(a)  The Department of Revenue shall administer,

31  collect, and enforce the mitigation and treatment plant

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    Florida Senate - 2006                    CS for CS for SB 1306
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 1  upgrade fees fee authorized under this section in accordance

 2  with the procedures used to administer, collect, and enforce

 3  the general sales tax imposed under chapter 212. The

 4  provisions of chapter 212 with respect to the authority of the

 5  Department of Revenue to audit and make assessments, the

 6  keeping of books and records, and the interest and penalties

 7  imposed on delinquent fees apply to this section. The fees fee

 8  may not be included in computing estimated taxes under s.

 9  212.11, and the dealer's credit for collecting taxes or fees

10  provided for in s. 212.12 does not apply to the fees

11  mitigation fee imposed by this section.

12         (b)  In administering this section, the Department of

13  Revenue may employ persons and incur expenses for which funds

14  are appropriated by the Legislature. The Department of Revenue

15  shall adopt rules and prescribe and publish forms necessary to

16  administer this section. The Department of Revenue shall

17  establish audit procedures and may assess delinquent fees.

18         (5)  Beginning January 1, 2010 January 1, 2001, and

19  each January 1 thereafter, the per-ton mitigation fee only

20  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 CS for SB 1306
    601-2386-06




 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. The proceeds of the water treatment plant upgrade

27  fee shall be used solely to upgrade a water treatment plant

28  that treats water coming from the Northwest Wellfield in

29  Miami-Dade County. As used in this section, the terms "upgrade

30  a water treatment plant" or "treatment plant upgrade" mean

31  

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    Florida Senate - 2006                    CS for CS for SB 1306
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 1  those works necessary to treat or filter a surface water

 2  source or supply.

 3         (b)  Expenditures of the mitigation fee must be

 4  approved by an interagency committee consisting of

 5  representatives from each of the following:  the Miami-Dade

 6  County Department of Environmental Resource Management, the

 7  Department of Environmental Protection, the South Florida

 8  Water Management District, and the Fish and Wildlife

 9  Conservation Commission. In addition, the limerock mining

10  industry shall select a representative to serve as a nonvoting

11  member of the interagency committee. At the discretion of the

12  committee, additional members may be added to represent

13  federal regulatory, environmental, and fish and wildlife

14  agencies.

15         (7)  Payment of the mitigation fee imposed by this

16  section satisfies the mitigation requirements imposed under

17  ss. 373.403-373.439 and any applicable county ordinance for

18  loss of the value and functions from mining of the wetlands

19  identified as rock mining rockmining supported and allowable

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

21  373.4149(1). In addition, it is the intent of the Legislature

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

23  satisfy all federal mitigation requirements for the wetlands

24  mined.

25         (9)

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

27  frequently than every 5 10 years thereafter, the interagency

28  committee shall submit to the Legislature a report

29  recommending any needed adjustments to the mitigation fee to

30  ensure that the revenue generated reflects the actual costs of

31  the mitigation.

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    Florida Senate - 2006                    CS for CS for SB 1306
    601-2386-06




 1         Section 3.  Fran Reich Preserve designated; South

 2  Florida Water Management District to erect suitable markers.--

 3         (1)  The Site 1 Impoundment project of the

 4  Comprehensive Everglades Restoration Plan sponsored by the

 5  South Florida Water Management District is designated the

 6  "Fran Reich Preserve."

 7         (2)  The South Florida Water Management District is

 8  directed to erect suitable markers designating the Fran Reich

 9  Preserve as described in subsection (1).

10         Section 4.  This act shall take effect upon becoming a

11  law.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                          CS for SB 1306

15                                 

16  Revises the dates the mitigation fee will be imposed for each
    ton of limerock and sand sold from the Lake Belt Area and the
17  areas within the Lake Belt Area that are subject to the fee.

18  Provides for new fees as follows:  12 cents per ton of
    limerock and sand beginning January 1, 2007; 18 cents per ton
19  beginning January 1, 2008; and 24 cents per ton beginning
    January 1, 2009.
20  
    Provides that, beginning January 1, 2010 and on each January 1
21  thereafter, the per-ton mitigation fee shall only be increased
    by 2.1 percentage points, plus a cost growth index.
22  
    Imposes the water treatment plant upgrade fee for each ton of
23  limerock and sand sold from the Lake Belt Area.

24  Names the Site 1 Impoundment Project of the Comprehensive
    Everglades Restoration Plan the "Fran Reich Preserve" and
25  directs the South Florida Water Management District to erect
    suitable markers with this designation.
26  

27  

28  

29  

30  

31  

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