Proposed Committee Substitute by the Committee on Transportation

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A bill to be entitled

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An act relating to transportation; amending s. 337.0261,

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F.S.; providing definitions; providing legislative

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findings with respect to the need for construction

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aggregate materials; requiring a super majority vote by

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the local government decisionmaking body in order to deny

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approval of a construction aggregate materials mining

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site; providing for a final determination to be made by

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the Governor and Cabinet sitting as the Administration

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Commission if the local government does not approve or

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deny an application for construction aggregate materials

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mining activities after two meetings or 3 months;

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requiring that the Administration Commission determine

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whether the evidence supports approval; applying

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provisions of the Uniform Rules of Procedure to the

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proceedings; providing that the act does not limit

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challenges to or appeals of construction aggregate

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materials mining site approvals; providing an effective

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date.

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

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     Section 1.  Subsections (1), (2), and (3) of section

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337.0261, Florida Statutes, are amended to read:

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     337.0261  Construction aggregate materials.--

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     (1) DEFINITIONS.--As used in this section, the term:

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     (a) "Aggregate resource county" means a county within which

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sand and aggregate resources exist as enumerated in the Strategic

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Aggregates Review Task Force Final Report dated February 1, 2008.

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     (b) "Application for construction aggregate materials

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mining site approval" includes any application submitted to a

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local government within an aggregate resource county for approval

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in connection with construction materials mining activities,

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including, but not limited to, applications for conditional use

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permits, variances, special exceptions, unusual uses, rezonings,

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and any other changes in land use designation, without regard for

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the manner in which such application is processed.

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     (c) "Construction aggregate materials" means crushed stone,

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limestone, dolomite, limerock, shell rock, cemented coquina, sand

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for use as a component of mortars, concrete, bituminous mixtures,

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or underdrain filters, and other mined resources providing the

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basic material for concrete, asphalt, and road base.

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     (d) "Construction materials mining activities" has the same

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meaning as provided in s. 552.30(1).

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     (e) "Local government" and "local government decisionmaking

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body" refers to all agencies, boards, commissions, councils,

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panels, trusts, or other bodies of individuals associated with or

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established by local governmental entities which have final

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authority to consider and approve applications, regardless of

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whether such consideration constitutes an initial review of the

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application or part of an administrative appellate process

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afforded by the local governmental entity.

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     (f) "State approvals for construction materials mining

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activities" means, to the extent legally required, an

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environmental resource permit and industrial waste permit issued

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by the Department of Environmental Protection.

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     (2) LEGISLATIVE INTENT.--The Legislature finds that:

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     (a) There is a strategic and critical need for an available

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supply of construction aggregate materials within the state and

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that a disruption of the supply would cause a significant

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detriment to the state's construction industry, transportation

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system, and overall health, safety, and welfare.

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     (b) Construction aggregate materials are a finite natural

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resource.

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     (c) Construction aggregate materials mining is an industry

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of critical importance to the state and is therefore in the

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public interest.

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     (d) There is a need for a reliable, predictable, and

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sustainable supply of construction aggregate materials so that

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public and private construction is maintained without

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interruption.

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     (e) There are a limited number of aggregate resource

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counties within the state where aggregate and sand resources

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exist.

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     (3)  LOCAL GOVERNMENT DECISIONMAKING.--

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     (a) A No local government may not shall approve or deny a

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proposed land use zoning change, comprehensive plan amendment,

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land use permit, ordinance, or order regarding construction

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aggregate materials without considering any information provided

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by the Department of Transportation regarding the effect such

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change, amendment, permit decision, ordinance, or order would

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have on the availability, transportation, and potential

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extraction of construction aggregate materials on the local area,

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the region, and the state. The failure of the Department of

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Transportation to provide this information shall not be a basis

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for delay or invalidation of the local government action. A No

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local government may not impose a moratorium, or combination of

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moratoria, of more than 12 months' duration on the mining or

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extraction of construction aggregate materials, commencing on the

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date the vote was taken to impose the moratorium. January 1,

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2007, shall serve as the commencement of the 12-month period for

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moratoria already in place as of July 1, 2007.

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     (b) If an applicant has obtained state approvals for

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construction materials mining activities within an aggregate

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resource county, the local government decisionmaking body may

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deny the application for such activities only pursuant to a super

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majority vote consisting of a majority plus one of all members of

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the local government decisionmaking body. Subject to local quorum

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requirements, a local government decisionmaking body may approve

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an application for construction materials mining activities by a

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simple majority vote.

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     (c) If an application for construction aggregate materials

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mining site approval is not approved or denied after

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consideration of the application at two regularly scheduled

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meetings of the local government decisionmaking body or after 3

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months following the application's initial consideration by the

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local government decisionmaking body, whichever occurs first, the

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applicant may seek a final determination on the application by

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the Governor and Cabinet sitting as the Administration

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Commission. An applicant may invoke this review by filing a

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petition with the Administration Commission within 30 days after

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the date of the last local government hearing at which the

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application was considered or scheduled to be heard, whichever

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occurs latest.

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     (d) The Administration Commission shall review the

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application based solely upon the record of proceedings before

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the local government and shall decide by a simple majority vote

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whether there was competent, substantial evidence in the record

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to support approval of the application. It shall thereafter enter

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an order setting forth its decision and, by copy of its order,

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notify the clerk of the local government and the applicant.

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     (e) The applicable provisions of the Uniform Rules of

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Procedure promulgated in chapter 28, Florida Administrative Code,

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shall govern the proceedings before the Administration

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Commission.

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     (f) Judicial review of the commission's decision shall be

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pursuant to s. 120.68.

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     (g) This subsection does not limit, eliminate, or otherwise

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affect existing legal remedies to challenge or appeal a final

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decision of a local government decisionmaking body concerning an

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application for construction aggregate materials mining site

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approval.

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     Section 2.  This act shall take effect July 1, 2008.