Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1194
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Transportation (Hooper) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 122 and 123
    4  insert:
    5         Section 4. Section 337.0262, Florida Statutes, is created
    6  to read:
    7         337.0262 Purchase and use of clay, peat, gravel, sand, or
    8  any other solid substance extracted from borrow pits.—
    9         (1) The department, and any contractor or subcontractor of
   10  the department, may not purchase or use any clay, peat, gravel,
   11  sand, or other solid substance extracted from a borrow pit as
   12  defined in s. 378.403 unless:
   13         (a) Certification is provided to the department,
   14  contractor, or subcontractor by the operator of the borrow pit
   15  that it is in compliance with the notice requirements and
   16  substantive requirements of s. 378.801; and
   17         (b) The operator of the borrow pit is in compliance with
   18  the performance standards in s. 378.803, including, but not
   19  limited to, providing proof of currently valid permits required
   20  by the Department of Environmental Protection and the
   21  appropriate water management district.
   22         (2) All contracts and purchase orders executed by the
   23  department, and all subcontracts and purchase orders executed by
   24  contractors or subcontractors after July 1, 2021, must include
   25  specific requirements for compliance with this section.
   26         (3) In the event that the department determines that
   27  substances are being obtained and used from a borrow pit that is
   28  not in compliance with this section, the department must cease
   29  to accept any substances from that borrow pit within 48 hours
   30  after such determination. The department may resume acceptance
   31  of substances from the borrow pit once the borrow pit is in
   32  compliance with this section.
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35  And the title is amended as follows:
   36         Between lines 11 and 12
   37  insert:
   38         creating s. 337.0262, F.S.; prohibiting the Department
   39         of Transportation and contractors and subcontractors
   40         of the department from purchasing specified substances
   41         from a borrow pit unless specified conditions are
   42         satisfied; requiring certain contracts, subcontracts,
   43         and purchase orders to require compliance with the
   44         prohibition; requiring the department to cease
   45         acceptance of substances from a borrow pit under
   46         certain conditions; authorizing the department to
   47         resume acceptance of such substances under certain
   48         conditions;