Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for SB 1514 Barcode 426320 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/12/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Agriculture (Montford) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 279 and 280 4 insert: 5 Section 6. Subsections (2) and (3), paragraph (a) of 6 subsection (4), and paragraph (a) of subsection (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. The proceeds of the 67 mitigation fee, less administrative costs, must be transferred 68 by the Department of Revenue to the South Florida Water 69 Management District and deposited into the Lake Belt Mitigation 70 Trust Fund. Beginning January 1, 2012, and ending December 31, 71 2017, or upon issuance of water quality certification by the 72 department for mining activities within Phase II of the Miami 73 Dade County Lake Belt Plan, whichever occurs later, the proceeds 74 of the water treatment plant upgrade fee, less administrative 75 costs, must be transferred by the Department of Revenue to the 76 South Florida Water Management District and deposited into the 77 Lake Belt Mitigation Trust Fund. Beginning January 1, 2018, the 78 proceeds of the water treatment plant upgrade fee, less 79 administrative costs, must be transferred by the Department of 80 Revenue to a trust fund established by Miami-Dade County, for 81 the sole purpose authorized by paragraph (6)(a).As used in this82section, the term “proceeds of the fee” means all funds83collected and received by the Department of Revenue under this84section, including interest and penalties on delinquent fees.85The amount deducted for administrative costs may not exceed 386percent of the total revenues collected under this section and87may equal only those administrative costs reasonably88attributable to the fees.89 (4)(a) The Department of Revenue shall administer, collect, 90 and enforce the mitigation and water treatment plant upgrade 91 fees authorized under this section in accordance with the 92 procedures used to administer, collect, and enforce the general 93 sales tax imposed under chapter 212. The provisions of chapter 94 212 with respect to the authority of the Department of Revenue 95 to audit and make assessments, the keeping of books and records, 96 and the interest and penalties imposed on delinquent fees apply 97 to this section. The fees may not be included in computing 98 estimated taxes under s. 212.11, and the dealer’s credit for 99 collecting taxes or fees provided for in s. 212.12 does not 100 apply to the fees imposed by this section. 101 (6)(a) The proceeds of the mitigation fee must be used to 102 conduct mitigation activities that are appropriate to offset the 103 loss of the value and functions of wetlands as a result of 104 mining activities and must be used in a manner consistent with 105 the recommendations contained in the reports submitted to the 106 Legislature by the Miami-Dade County Lake Belt Plan 107 Implementation Committee and adopted under s. 373.4149. Such 108 mitigation may include the purchase, enhancement, restoration, 109 and management of wetlands and uplands, the purchase of 110 mitigation credit from a permitted mitigation bank, and any 111 structural modifications to the existing drainage system to 112 enhance the hydrology of the Miami-Dade County Lake Belt Area. 113 Funds may also be used to reimburse other funding sources, 114 including the Save Our Rivers Land Acquisition Program, the 115 Internal Improvement Trust Fund, the South Florida Water 116 Management District, and Miami-Dade County, for the purchase of 117 lands that were acquired in areas appropriate for mitigation due 118 to rock mining and to reimburse governmental agencies that 119 exchanged land under s. 373.4149 for mitigation due to rock 120 mining. The proceeds of the water treatment plant upgrade fee 121 that are deposited into the Lake Belt Mitigation Trust Fund 122 shall be used solely to pay for seepage mitigation projects, 123 including groundwater or surface water management structures, as 124 authorized in an environmental resource permit issued by the 125 department for mining activities within the Miami-Dade County 126 Lake Belt Area. The proceeds of the water treatment plant 127 upgrade fee that are transferred to a trust fund established by 128 Miami-Dade County shall be used to upgrade a water treatment 129 plant that treats water coming from the Northwest Wellfield in 130 Miami-Dade County. As used in this section, the terms “upgrade a 131 water treatment plant” or “water treatment plant upgrade” means 132 those works necessary to treat or filter a surface water source 133 or supply or both. 134 135 136 ================= T I T L E A M E N D M E N T ================ 137 And the title is amended as follows: 138 Delete lines 2 - 26 139 and insert: 140 An act relating to environmental regulation; amending 141 s. 373.236, F.S.; requiring consumptive use permits to 142 be issued for a period of 20 years; providing 143 exceptions; deleting legislative findings requiring 144 the Department of Environmental Protection to provide 145 certain information to agricultural applicants; 146 eliminating requirements for permit compliance 147 reports; removing the authority of the department and 148 the water management district governing boards to 149 request permit compliance reports and to modify or 150 revoke consumptive use permits; providing for the 151 modification of existing consumptive use permits under 152 certain conditions; amending s. 373.250, F.S.; 153 providing requirements for water management districts 154 in evaluating applications for the consumptive use of 155 water in mandatory reuse zones; providing 156 applicability; creating s. 373.255, F.S.; requiring 157 water management districts to implement a sustainable 158 water use permit program for public water utilities; 159 providing program criteria; providing permit 160 application and issuance requirements; providing 161 requirements for permit monitoring, compliance, and 162 performance metrics; amending ss. 373.2234 and 163 373.243, F.S.; conforming cross-references; amending 164 s. 373.41492, F.S.; authorizing the use of proceeds 165 from the water treatment plant upgrade fee to pay for 166 specified mitigation projects; requiring proceeds from 167 the water treatment plant upgrade fee to be 168 transferred by the Department of Revenue to the South 169 Florida Water Management District and deposited into 170 the Lake Belt Mitigation Trust Fund for a specified 171 period of time; providing, after that period, for the 172 proceeds of the water treatment plant upgrade fee to 173 return to being transferred by the Department of 174 Revenue to a trust fund established by Miami-Dade 175 County for specified purposes; conforming a term; 176 amending s. 373.707, F.S.; providing an