Florida Senate - 2012                                     SB 182
       
       
       
       By Senator Garcia
       
       
       
       
       40-00088A-12                                           2012182__
    1                        A bill to be entitled                      
    2         An act relating to the Miami-Dade County Lake Belt
    3         Mitigation Plan; amending s. 373.41492, F.S.;
    4         providing for the redirection of funds for seepage
    5         mitigation projects; requiring the proceeds of the
    6         water treatment plant upgrade fee to be transferred by
    7         the Department of Revenue to the South Florida Water
    8         Management District and to be deposited into the Lake
    9         Belt Mitigation Trust Fund; providing criterion when
   10         the transfer is not required; clarifying the uses for
   11         the proceeds from the water treatment plant upgrade
   12         fee; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsections (2), (3), and (6) of section
   17  373.41492, Florida Statutes, are amended to read:
   18         373.41492 Miami-Dade County Lake Belt Mitigation Plan;
   19  mitigation for mining activities within the Miami-Dade County
   20  Lake Belt.—
   21         (2) To provide for the mitigation of wetland resources lost
   22  to mining activities within the Miami-Dade County Lake Belt
   23  Plan, effective October 1, 1999, a mitigation fee is imposed on
   24  each ton of limerock and sand extracted by any person who
   25  engages in the business of extracting limerock or sand from
   26  within the Miami-Dade County Lake Belt Area and the east one
   27  half of sections 24 and 25 and all of sections 35 and 36,
   28  Township 53 South, Range 39 East. The mitigation fee is imposed
   29  for each ton of limerock and sand sold from within the
   30  properties where the fee applies in raw, processed, or
   31  manufactured form, including, but not limited to, sized
   32  aggregate, asphalt, cement, concrete, and other limerock and
   33  concrete products. The mitigation fee imposed by this subsection
   34  for each ton of limerock and sand sold shall be 12 cents per ton
   35  beginning January 1, 2007; 18 cents per ton beginning January 1,
   36  2008; 24 cents per ton beginning January 1, 2009; and 45 cents
   37  per ton beginning close of business December 31, 2011. To pay
   38  for seepage mitigation projects, including groundwater and
   39  surface water management structures designed to improve wetland
   40  habitat and approved by the Lake Belt Mitigation Committee, and
   41  to upgrade a water treatment plant that treats water coming from
   42  the Northwest Wellfield in Miami-Dade County, a water treatment
   43  plant upgrade fee is imposed within the same Lake Belt Area
   44  subject to the mitigation fee and upon the same kind of mined
   45  limerock and sand subject to the mitigation fee. The water
   46  treatment plant upgrade fee imposed by this subsection for each
   47  ton of limerock and sand sold shall be 15 cents per ton
   48  beginning on January 1, 2007, and the collection of this fee
   49  shall cease once the total amount of proceeds collected for this
   50  fee reaches the amount of the actual moneys necessary to design
   51  and construct the water treatment plant upgrade, as determined
   52  in an open, public solicitation process. Any limerock or sand
   53  that is used within the mine from which the limerock or sand is
   54  extracted is exempt from the fees. The amount of the mitigation
   55  fee and the water treatment plant upgrade fee imposed under this
   56  section must be stated separately on the invoice provided to the
   57  purchaser of the limerock or sand product from the limerock or
   58  sand miner, or its subsidiary or affiliate, for which the fee or
   59  fees apply. The limerock or sand miner, or its subsidiary or
   60  affiliate, who sells the limerock or sand product shall collect
   61  the mitigation fee and the water treatment plant upgrade fee and
   62  forward the proceeds of the fees to the Department of Revenue on
   63  or before the 20th day of the month following the calendar month
   64  in which the sale occurs. As used in this section, the term
   65  “proceeds of the fee” means all funds collected and received by
   66  the Department of Revenue under this section, including interest
   67  and penalties on delinquent fees. The amount deducted for
   68  administrative costs may not exceed 3 percent of the total
   69  revenues collected under this section and may equal only those
   70  administrative costs reasonably attributable to the fees.
   71         (3) The mitigation fee and the water treatment plant
   72  upgrade fee imposed by this section must be reported to the
   73  Department of Revenue. Payment of the mitigation and the water
   74  treatment plant upgrade fees must be accompanied by a form
   75  prescribed by the Department of Revenue.
   76         (a) The proceeds of the mitigation fee, less administrative
   77  costs, must be transferred by the Department of Revenue to the
   78  South Florida Water Management District and deposited into the
   79  Lake Belt Mitigation Trust Fund.
   80         (b) Beginning July 1, 2012, the proceeds of the water
   81  treatment plant upgrade fee, less administrative costs, must be
   82  transferred by the Department of Revenue to the South Florida
   83  Water Management District and deposited into the Lake Belt
   84  Mitigation Trust Fund until:
   85         1. A total of $20 million from the proceeds of the water
   86  treatment plant upgrade fee, less administrative costs, is
   87  deposited into the Lake Belt Mitigation Trust Fund; or
   88         2. The quarterly pathogen sampling conducted as a condition
   89  of the permits issued by the department for rock mining
   90  activities in the Miami-Dade County Lake Belt Area demonstrates
   91  that the water in any quarry lake in the vicinity of the
   92  Northwest Wellfield would be classified as being in Bin 2 or
   93  higher as defined in the Environmental Protection Agency’s Long
   94  Term 2 Enhanced Surface Water Treatment Rule.
   95         (c) Upon the earliest occurrence of the criterion under
   96  subparagraph (b)1. or subparagraph (b)2., the proceeds of the
   97  water treatment plant upgrade fee, less administrative costs,
   98  must be transferred by the Department of Revenue to a trust fund
   99  established by Miami-Dade County, for the sole purpose
  100  authorized by paragraph (6)(a). As used in this section, the
  101  term “proceeds of the fee” means all funds collected and
  102  received by the Department of Revenue under this section,
  103  including interest and penalties on delinquent fees. The amount
  104  deducted for administrative costs may not exceed 3 percent of
  105  the total revenues collected under this section and may equal
  106  only those administrative costs reasonably attributable to the
  107  fees.
  108         (6)(a) The proceeds of the mitigation fee must be used to
  109  conduct mitigation activities that are appropriate to offset the
  110  loss of the value and functions of wetlands as a result of
  111  mining activities and must be used in a manner consistent with
  112  the recommendations contained in the reports submitted to the
  113  Legislature by the Miami-Dade County Lake Belt Plan
  114  Implementation Committee and adopted under s. 373.4149. Such
  115  mitigation may include the purchase, enhancement, restoration,
  116  and management of wetlands and uplands, the purchase of
  117  mitigation credit from a permitted mitigation bank, and any
  118  structural modifications to the existing drainage system to
  119  enhance the hydrology of the Miami-Dade County Lake Belt Area.
  120  Funds may also be used to reimburse other funding sources,
  121  including the Save Our Rivers Land Acquisition Program, the
  122  Internal Improvement Trust Fund, the South Florida Water
  123  Management District, and Miami-Dade County, for the purchase of
  124  lands that were acquired in areas appropriate for mitigation due
  125  to rock mining and to reimburse governmental agencies that
  126  exchanged land under s. 373.4149 for mitigation due to rock
  127  mining. The proceeds of the water treatment plant upgrade fee
  128  deposited into the Lake Belt Mitigation Trust Fund shall be used
  129  solely to pay for seepage mitigation projects, including
  130  groundwater or surface water management structures designed to
  131  improve wetland habitat and approved by the Lake Belt Mitigation
  132  Committee. The proceeds of the water treatment plant upgrade fee
  133  which are transmitted to a trust fund established by Miami-Dade
  134  County shall be used to upgrade a water treatment plant that
  135  treats water coming from the Northwest Wellfield in Miami-Dade
  136  County. As used in this section, the terms “upgrade a water
  137  treatment plant” or “treatment plant upgrade” mean means those
  138  works necessary to treat or filter a surface water source or
  139  supply or both.
  140         (b) Expenditures of the mitigation fee must be approved by
  141  an interagency committee consisting of representatives from each
  142  of the following: the Miami-Dade County Department of
  143  Environmental Resource Management, the Department of
  144  Environmental Protection, the South Florida Water Management
  145  District, and the Fish and Wildlife Conservation Commission. In
  146  addition, the limerock mining industry shall select a
  147  representative to serve as a nonvoting member of the interagency
  148  committee. At the discretion of the committee, additional
  149  members may be added to represent federal regulatory,
  150  environmental, and fish and wildlife agencies.
  151         Section 2. This act shall take effect upon becoming a law.