Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 1363, 1st Eng. Barcode 732180 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Latvala moved the following: 1 Senate Amendment to Amendment (302038) (with title 2 amendment) 3 4 Between lines 2038 and 2039 5 insert: 6 Section 36. Subsections (2), (3), (4), and (6) of section 7 373.41492, Florida Statutes, are amended to read: 8 373.41492 Miami-Dade County Lake Belt Mitigation Plan; 9 mitigation for mining activities within the Miami-Dade County 10 Lake Belt.— 11 (2) To provide for the mitigation of wetland resources lost 12 to mining activities within the Miami-Dade County Lake Belt 13 Plan, effective October 1, 1999, a mitigation fee is imposed on 14 each ton of limerock and sand extracted by any person who 15 engages in the business of extracting limerock or sand from 16 within the Miami-Dade County Lake Belt Area and the east one 17 half of sections 24 and 25 and all of sections 35 and 36, 18 Township 53 South, Range 39 East. The mitigation fee is imposed 19 for each ton of limerock and sand sold from within the 20 properties where the fee applies in raw, processed, or 21 manufactured form, including, but not limited to, sized 22 aggregate, asphalt, cement, concrete, and other limerock and 23 concrete products. The mitigation fee imposed by this subsection 24 for each ton of limerock and sand sold shall be 12 cents per ton 25 beginning January 1, 2007; 18 cents per ton beginning January 1, 26 2008; 24 cents per ton beginning January 1, 2009; and 45 cents 27 per ton beginning close of business December 31, 2011. To pay 28 for seepage mitigation projects, including hydrological 29 structures, as authorized in an environmental resource permit 30 issued by the department for mining activities within the Miami 31 Dade County Lake Belt area, and to upgrade a water treatment 32 plant that treats water coming from the Northwest Wellfield in 33 Miami-Dade County, a water treatment plant upgrade fee is 34 imposed within the same Lake Belt Area subject to the mitigation 35 fee and upon the same kind of mined limerock and sand subject to 36 the mitigation fee. The water treatment plant upgrade fee 37 imposed by this subsection for each ton of limerock and sand 38 sold shall be 15 cents per ton beginning on January 1, 2007, and 39 the collection of this fee shall cease once the total amount of 40 proceeds collected for this fee reaches the amount of the actual 41 moneys necessary to design and construct the water treatment 42 plant upgrade, as determined in an open, public solicitation 43 process. Any limerock or sand that is used within the mine from 44 which the limerock or sand is extracted is exempt from the fees. 45 The amount of the mitigation fee and the water treatment plant 46 upgrade fee imposed under this section must be stated separately 47 on the invoice provided to the purchaser of the limerock or sand 48 product from the limerock or sand miner, or its subsidiary or 49 affiliate, for which the fee or fees apply. The limerock or sand 50 miner, or its subsidiary or affiliate, who sells the limerock or 51 sand product shall collect the mitigation fee and the water 52 treatment plant upgrade fee and forward the proceeds of the fees 53 to the Department of Revenue on or before the 20th day of the 54 month following the calendar month in which the sale occurs. As 55 used in this section, the term "proceeds of the fee" means all 56 funds collected and received by the Department of Revenue under 57 this section, including interest and penalties on delinquent 58 fees. The amount deducted for administrative costs may not 59 exceed 3 percent of the total revenues collected under this 60 section and may equal only those administrative costs reasonably 61 attributable to the fees. 62 (3) The mitigation fee and the water treatment plant 63 upgrade fee imposed by this section must be reported to the 64 Department of Revenue. Payment of the mitigation and the water 65 treatment plant upgrade fees must be accompanied by a form 66 prescribed by the Department of Revenue. 67 (a) The proceeds of the mitigation fee, less administrative 68 costs, must be transferred by the Department of Revenue to the 69 South Florida Water Management District and deposited into the 70 Lake Belt Mitigation Trust Fund. 71 (b) Beginning January 1, 2012, the proceeds of the water 72 treatment plant upgrade fee, less administrative costs, must be 73 transferred by the Department of Revenue to the South Florida 74 Water Management District and deposited into the Lake Belt 75 Mitigation Trust Fund until either: 76 1. A total of $20 million from the water treatment plant 77 upgrade fee proceeds, less administrative costs, is deposited 78 into the Lake Belt Mitigation Trust Fund; or 79 2. The quarterly pathogen sampling conducted as a condition 80 of the permits issued by the department for rock mining 81 activities in the Miami-Dade Lake Belt Area demonstrates that 82 the water in any quarry lake in the vicinity of the Northwest 83 Wellfield would be classified as being in Bin Two or higher as 84 defined in the Environmental Protection Agency's Enhanced 85 Surface Water Treatment Rule. 86 (c) Upon the earliest occurrence of the criteria under 87 either subparagraph (b)1. or subparagraph (b)2., the proceeds of 88 the treatment plant upgrade fee, less administrative costs, must 89 be transferred by the Department of Revenue to a trust fund 90 established by Miami-Dade County, for the sole purpose 91 authorized by paragraph (6)(a). As used in this section, the 92 term “proceeds of the fee” means all funds collected and 93 received by the Department of Revenue under this section, 94 including interest and penalties on delinquent fees. The amount 95 deducted for administrative costs may not exceed 3 percent of 96 the total revenues collected under this section and may equal 97 only those administrative costs reasonably attributable to the 98 fees. 99 (4)(a) The Department of Revenue shall administer, collect, 100 and enforce the mitigation and treatment plant upgrade fees 101 authorized under this section in accordance with the procedures 102 used to administer, collect, and enforce the general sales tax 103 imposed under chapter 212. The provisions of chapter 212 with 104 respect to the authority of the Department of Revenue to audit 105 and make assessments, the keeping of books and records, and the 106 interest and penalties imposed on delinquent fees apply to this 107 section. The fees may not be included in computing estimated 108 taxes under s. 212.11, and the dealer’s credit for collecting 109 taxes or fees provided for in s. 212.12 does not apply to the 110 fees imposed by this section. 111 (b) In administering this section, the Department of 112 Revenue may employ persons and incur expenses for which funds 113 are appropriated by the Legislature. The Department of Revenue 114 shall adopt rules and prescribe and publish forms necessary to 115 administer this section. The Department of Revenue shall 116 establish audit procedures and may assess delinquent fees. 117 (6)(a) The proceeds of the mitigation fee must be used to 118 conduct mitigation activities that are appropriate to offset the 119 loss of the value and functions of wetlands as a result of 120 mining activities and must be used in a manner consistent with 121 the recommendations contained in the reports submitted to the 122 Legislature by the Miami-Dade County Lake Belt Plan 123 Implementation Committee and adopted under s. 373.4149. Such 124 mitigation may include the purchase, enhancement, restoration, 125 and management of wetlands and uplands, the purchase of 126 mitigation credit from a permitted mitigation bank, and any 127 structural modifications to the existing drainage system to 128 enhance the hydrology of the Miami-Dade County Lake Belt Area. 129 Funds may also be used to reimburse other funding sources, 130 including the Save Our Rivers Land Acquisition Program, the 131 Internal Improvement Trust Fund, the South Florida Water 132 Management District, and Miami-Dade County, for the purchase of 133 lands that were acquired in areas appropriate for mitigation due 134 to rock mining and to reimburse governmental agencies that 135 exchanged land under s. 373.4149 for mitigation due to rock 136 mining. The proceeds of the water treatment plant upgrade fee 137 shall be used solely to upgrade a water treatment plant that 138 treats water coming from the Northwest Wellfield in Miami-Dade 139 County. As used in this section, the terms “upgrade a water 140 treatment plant” or “treatment plant upgrade” means those works 141 necessary to treat or filter a surface water source or supply or 142 both. 143 (b) Expenditures of the mitigation fee must be approved by 144 an interagency committee consisting of representatives from each 145 of the following: the Miami-Dade County Department of 146 Environmental Resource Management, the Department of 147 Environmental Protection, the South Florida Water Management 148 District, and the Fish and Wildlife Conservation Commission. In 149 addition, the limerock mining industry shall select a 150 representative to serve as a nonvoting member of the interagency 151 committee. At the discretion of the committee, additional 152 members may be added to represent federal regulatory, 153 environmental, and fish and wildlife agencies. 154 155 ================= T I T L E A M E N D M E N T ================ 156 And the title is amended as follows: 157 Between lines 3804 and 3805 158 insert: 159 amending s. 373.41492, F.S.; authorizing the use of 160 proceeds from the water treatment plant upgrade fee to 161 pay for specified mitigation projects; requiring 162 proceeds from the water treatment plant upgrade fee to 163 be transferred by the Department of Revenue to the 164 South Florida Water Management District and deposited 165 into the Lake Belt Mitigation Trust Fund until 166 specified criteria is met; providing, after such 167 criteria is met, for the proceeds of the water 168 treatment plant upgrade fee to return to being 169 transferred by the Department of Revenue to a trust 170 fund established by Miami-Dade County for specified 171 purposes;