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