| 1 | A bill to be entitled |
| 2 | An act relating to mining and extraction activities; |
| 3 | amending s. 373.414, F.S.; providing that financial |
| 4 | responsibility for mitigation for wetlands and other |
| 5 | surface waters required by a permit for activities |
| 6 | associated with the extraction of limestone are subject to |
| 7 | approval by the Department of Environmental Protection as |
| 8 | part of permit application review; amending s. 378.901, |
| 9 | F.S.; authorizing mine operators proposing to mine or |
| 10 | extract heavy minerals, limestone, or fuller's earth clay |
| 11 | to apply for a life-of-the-mine permit; clarifying the |
| 12 | authority of local governments to approve, approve with |
| 13 | conditions, deny, or impose certain permit durations; |
| 14 | providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Paragraph (a) of subsection (19) of section |
| 19 | 373.414, Florida Statutes, is amended to read: |
| 20 | 373.414 Additional criteria for activities in surface |
| 21 | waters and wetlands.- |
| 22 | (19)(a) Financial responsibility for mitigation for |
| 23 | wetlands and other surface waters required by a permit issued |
| 24 | pursuant to this part for activities associated with the |
| 25 | extraction of limestone and phosphate are subject to approval by |
| 26 | the department as part of permit application review. Financial |
| 27 | responsibility for permitted activities which will occur over a |
| 28 | period of 3 years or less of mining operations must be provided |
| 29 | to the department prior to the commencement of mining operations |
| 30 | and shall be in an amount equal to 110 percent of the estimated |
| 31 | mitigation costs for wetlands and other surface waters affected |
| 32 | under the permit. For permitted activities which will occur over |
| 33 | a period of more than 3 years of mining operations, the initial |
| 34 | financial responsibility demonstration shall be in an amount |
| 35 | equal to 110 percent of the estimated mitigation costs for |
| 36 | wetlands and other surface waters affected in the first 3 years |
| 37 | of operation under the permit; and, for each year thereafter, |
| 38 | the financial responsibility demonstration shall be updated, |
| 39 | including to provide an amount equal to 110 percent of the |
| 40 | estimated mitigation costs for the next year of operations under |
| 41 | the permit for which financial responsibility has not already |
| 42 | been demonstrated and to release portions of the financial |
| 43 | responsibility mechanisms in accordance with applicable rules. |
| 44 | Section 2. Subsection (2) of section 378.901, Florida |
| 45 | Statutes, is amended to read: |
| 46 | 378.901 Life-of-the-mine permit.- |
| 47 | (2) As an alternative to, and in lieu of, separate |
| 48 | applications for permits required by part IV of chapter 373 and |
| 49 | part IV of this chapter, each operator or existing operator who |
| 50 | proposes to mine or extract heavy minerals, limestone, or |
| 51 | fuller's earth clay may apply to the bureau for a life-of-the- |
| 52 | mine permit. Nothing in this subsection limits or restricts the |
| 53 | authority of a local government to approve, approve with |
| 54 | conditions, deny, or impose a permit duration different from the |
| 55 | duration of a permit issued pursuant to this section. |
| 56 | Section 3. This act shall take effect upon becoming a law. |