Amendment
Bill No. CS/CS/HB 389

Amendment No. 125107

CHAMBER ACTION
Senate		House
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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
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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.

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