1 | Representative Glorioso offered the following: |
2 |
|
3 | Amendment (with title amendment) |
4 | Between lines 121 and 122, insert: |
5 | Section 4. 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 |
12 | lost 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 this |
82 | section, the term "proceeds of the fee" means all funds |
83 | collected and received by the Department of Revenue under this |
84 | section, including interest and penalties on delinquent fees. |
85 | The amount deducted for administrative costs may not exceed 3 |
86 | percent of the total revenues collected under this section and |
87 | may equal only those administrative costs reasonably |
88 | attributable to the fees. |
89 | (4)(a) The Department of Revenue shall administer, |
90 | collect, and enforce the mitigation and water treatment plant |
91 | upgrade fees authorized under this section in accordance with |
92 | the procedures used to administer, collect, and enforce the |
93 | general sales tax imposed under chapter 212. The provisions of |
94 | chapter 212 with respect to the authority of the Department of |
95 | Revenue to audit and make assessments, the keeping of books and |
96 | records, and the interest and penalties imposed on delinquent |
97 | fees apply to this section. The fees may not be included in |
98 | computing estimated taxes under s. 212.11, and the dealer's |
99 | credit for collecting taxes or fees provided for in s. 212.12 |
100 | does not 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 | ----------------------------------------------------- |
137 | T I T L E A M E N D M E N T |
138 | Remove lines 2-25 and insert: |
139 |
|
140 | An act relating to environmental regulation; amending s. |
141 | 218.075, F.S.; providing for an entity created by special |
142 | act, local ordinance, or interlocal agreement of a county |
143 | or municipality to receive certain reduced or waived |
144 | permit processing fees; requiring that the project for |
145 | which such fee reduction or waiver is sought serves a |
146 | public purpose; amending s. 373.118, F.S.; requiring that |
147 | the Department of Environmental Protection initiate |
148 | rulemaking to adopt a general permit for stormwater |
149 | management systems serving airside activities at airports; |
150 | providing for statewide application of the general permit; |
151 | providing for any water management district or delegated |
152 | local government to administer the general permit; |
153 | providing that the rules are not subject to any special |
154 | rulemaking requirements relating to small business; |
155 | creating s. 373.4131, F.S.; authorizing certain |
156 | municipalities and counties to adopt stormwater adaptive |
157 | management plans and obtain conceptual permits for urban |
158 | redevelopment projects; providing requirements for |
159 | establishment of such permits by water management |
160 | districts in consultation with the Department of |
161 | Environmental Protection; providing that certain urban |
162 | redevelopment projects qualify for a noticed general |
163 | permit; amending s. 373.41492, F.S.; authorizing the use |
164 | of proceeds from the water treatment plant upgrade fee to |
165 | pay for specified mitigation projects; requiring proceeds |
166 | from the water treatment plant upgrade fee to be |
167 | transferred by the Department of Revenue to the South |
168 | Florida Water Management District and deposited into the |
169 | Lake Belt Mitigation Trust Fund for a specified period of |
170 | time; providing, after that period, for the proceeds of |
171 | the water treatment plant upgrade fee to return to being |
172 | transferred by the Department of Revenue to a trust fund |
173 | established by Miami-Dade County for specified purposes; |
174 | conforming a term; providing an effective date. |