Florida Senate - 2008 SB 2406
By Senator Bennett
21-03166A-08 20082406__
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A bill to be entitled
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An act relating to aggregate mining; amending s. 378.412,
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F.S.; prohibiting local governments from enacting or
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enforcing ordinances, resolutions, regulations, rules,
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policies, or other actions that prohibit mining in certain
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lands zoned for mining; providing an expedited permitting
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process for certain limerock environmental resource
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permitting and reclamation applications; providing
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requirements for the challenge of agency actions;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 378.412, Florida Statutes, is amended to
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read:
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378.412 Relationship with other laws.--
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(1) It is the intent of the Legislature that ss. 378.202-
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378.804 supplement other laws regarding resource extraction.
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Nothing contained in such sections shall be construed to limit,
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abridge, or alter any agency's duties, authority, and
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responsibilities granted pursuant to another statute. Nothing in
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that impose stricter reclamation standards, except that no county
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or municipality shall enact or enforce any ordinance, resolution,
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regulation, rule, policy, or other action that prohibits or
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prevents the construction or operation of a limestone mine on
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lands where mining is a permissible use or on lands zoned or
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classified as mining lands on or after March 1, 2007.
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(2) Due to the state's critical infrastructure needs and
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the potential shortfall in available construction aggregate
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materials, limerock environmental resource permitting and
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reclamation applications filed after March 1, 2007, are eligible
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for the expedited permitting process under s. 403.973. Challenges
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to state agency action in the expedited permitting process for
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establishment of a limerock mine in this state under s. 403.973
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are subject to the same requirements as challenges brought under
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summary proceedings must be conducted within 30 days after a
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party files the motion for summary hearing, regardless of whether
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the parties agree to the summary proceeding.
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Section 2. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.