Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 594
Barcode 685084
CHAMBER ACTION
Senate House
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04/17/2007 01:34 PM .
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11 The Committee on Environmental Preservation and Conservation
12 (Saunders) recommended the following amendment to amendment
13 (754116):
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15 Senate Amendment (with title amendment)
16 On page 15, between lines 11 and 12,
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18 and insert:
19 Section 5. Subsections (15), (16), (17), and (18) of
20 section 378.403, Florida Statutes, are renumbered as
21 subsections (16), (17), (18), and (19) and a new subsection
22 (15) is added to said section to read:
23 378.403 Definitions.--As used in this part:
24 (15) "Peat" means a naturally occurring substance
25 derived primarily from plant materials in a range of
26 decomposing conditions and formed in a water-saturated
27 environment.
28 (16)(15) "Reclamation" means the reasonable
29 rehabilitation of land where resource extraction has occurred.
30 (17)(16) "Resource" means soil, clay, peat, stone,
31 gravel, sand, limerock, metallic ore, or any other solid
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 594
Barcode 685084
1 substance of commercial value found in natural deposits on or
2 in the earth, except phosphate, which is regulated by part
3 III.
4 (18)(17) "Secretary" means the Secretary of
5 Environmental Protection.
6 (19)(18) "Wetlands" means any area as defined in s.
7 373.019, as delineated using the methodology adopted by rule
8 and ratified pursuant to s. 373.421(1). For areas included in
9 an approved conceptual reclamation plan or modification
10 application submitted prior to July 1, 1994, wetlands mean any
11 area having dominant vegetation as defined and listed in
12 Department of Environmental Protection Regulation rule
13 62-301.200 17-4.022, Florida Administrative Code, regardless
14 of whether the area is within the Department of Environmental
15 Protection's Regulation's jurisdiction or whether the water
16 bodies are connected.
17 Section 6. Section 378.503, Florida Statutes, is
18 amended to read:
19 378.503 Limestone reclamation performance standards.--
20 (7) Resource extraction which results in a water body
21 shall provide one of the following shoreline treatments:
22 (a) A littoral shelf not less than 18 feet in width
23 with a berm on the waterward side.
24 (b) A straight slope not steeper than 1 vertical to 3
25 horizontal, and extending downward from average water level to
26 6 feet below the average water level.
27 (c) Where a sheer wall results, then in lieu of a
28 shoreline treatment, access shall be controlled by the use of
29 berms, fences, or other restrictive methods, all of which
30 shall be used in conjunction with a transition shelf of at
31 least 10 feet in width.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 594
Barcode 685084
1 (d) Slope requirements of the United States Army Corps
2 of Engineers or the Department of Environmental Protection
3 Regulation under Part IV of ch. 373. the Warren S. Henderson
4 Wetlands Protection Act of 1984.
5 (e) The secretary may allow other shoreline treatments
6 to achieve appropriate safety and environmental
7 considerations.
8 Section 7. Section 378.804, Florida Statutes, is
9 amended to read:
10 378.804 Exemption.--Any operator who extracts
11 resources from 1 acre or less at any one site in a given year,
12 not to exceed 20 5 acres over the life of the mine, or who
13 extracts peat for agricultural purposes is exempt from the
14 provisions of s. 378.801.
15 Section 8. Section 403.265, Florida Statutes, is
16 repealed.
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19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 16, line 7, after the semicolon
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23 insert:
24 amending s. 378.403, F.S.; revising
25 definitions; amending s. 378.503, F.S.;
26 revising department name; amending s. 378.804,
27 F.S.; revising the exemption for peat
28 extraction; repealing s. 403.265, F.S.;
29 relating to the permitting of peat mining;
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