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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ss. 378.202-378.804 shall be deemed to preempt local ordinances

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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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s. 403.973(15)(a), except that, notwithstanding s. 120.574,

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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.