CS/HB 617

1
A bill to be entitled
2An act relating to limestone mining; amending s. 373.414,
3F.S.; providing that financial responsibility for
4mitigation for wetlands and other surface waters required
5by a permit for activities associated with the extraction
6of limestone are subject to approval by the Department of
7Environmental Protection as part of permit application
8review; amending s. 378.901, F.S.; authorizing mine
9operators proposing to mine or extract limestone to apply
10for a life-of-the-mine permit; clarifying the authority of
11local governments to approve, approve with conditions,
12deny, or impose certain permit durations; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraph (a) of subsection (19) of section
18373.414, Florida Statutes, is amended to read:
19     373.414  Additional criteria for activities in surface
20waters and wetlands.-
21     (19)(a)  Financial responsibility for mitigation for
22wetlands and other surface waters required by a permit issued
23pursuant to this part for activities associated with the
24extraction of limestone and phosphate are subject to approval by
25the department as part of permit application review. Financial
26responsibility for permitted activities which will occur over a
27period of 3 years or less of mining operations must be provided
28to the department prior to the commencement of mining operations
29and shall be in an amount equal to 110 percent of the estimated
30mitigation costs for wetlands and other surface waters affected
31under the permit. For permitted activities which will occur over
32a period of more than 3 years of mining operations, the initial
33financial responsibility demonstration shall be in an amount
34equal to 110 percent of the estimated mitigation costs for
35wetlands and other surface waters affected in the first 3 years
36of operation under the permit; and, for each year thereafter,
37the financial responsibility demonstration shall be updated,
38including to provide an amount equal to 110 percent of the
39estimated mitigation costs for the next year of operations under
40the permit for which financial responsibility has not already
41been demonstrated and to release portions of the financial
42responsibility mechanisms in accordance with applicable rules.
43     Section 2.  Subsection (2) of section 378.901, Florida
44Statutes, is amended to read:
45     378.901  Life-of-the-mine permit.-
46     (2)  As an alternative to, and in lieu of, separate
47applications for permits required by part IV of chapter 373 and
48part IV of this chapter, each operator who proposes to mine or
49extract heavy minerals, limestone, or fuller's earth clay may
50apply to the bureau for a life-of-the-mine permit. Nothing in
51this subsection limits or restricts the authority of a local
52government to approve, approve with conditions, deny, or impose
53a permit duration different from the duration of a permit issued
54pursuant to this section.
55     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.