CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1667
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Finance & Taxation offered the following:
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13 Amendment to Amendment 01667-ep -985191 (with title
14 amendment)
15 On page 1, line 14, through page 12, line 31,
16 remove from the amendment: all of said lines,
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18 and insert in lieu thereof:
19 Section 1. Section 373.4149, Florida Statutes, is
20 amended to read:
21 373.4149 Northwest Dade County Freshwater Lake Belt
22 Plan.--
23 (1) The Legislature hereby accepts and adopts the
24 recommendations contained in the Phase I Lake Belt Report and
25 Plan, known as the "Dade County Lake Plan," dated February
26 1997 and submitted by the Dade County Lake Belt Plan
27 Implementation Committee.
28 (2)(a)(1) The Legislature recognizes that deposits of
29 limestone and sand suitable for production of construction
30 aggregates, cement, and road base materials are located in
31 limited areas of the state.
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HOUSE AMENDMENT
Bill No. HB 1667
Amendment No. 1 (for drafter's use only)
1 (b) The Legislature recognizes that the deposit of
2 limestone available in South Florida is limited due to
3 urbanization to the east and the Everglades to the west.
4 (3)(2) The Dade County Lake Belt Area is that area
5 Legislature recognizes that the deposit of limestone available
6 in South Florida is limited due to urbanization to the east
7 and the Everglades to the west, and that the area generally
8 bounded by the Florida Turnpike to the east, the Dade-Broward
9 County line to the north, Krome Avenue to the west and Tamiami
10 Trail to the south together with the land south of Tamiami
11 Trail in sections 5, 6, 7, 8, 17, and 18, Township 54 South,
12 Range 39 East, and in sections 11, 12, 13, 14, 23, 24, 25, 26,
13 35, and 36, Township 54 South, Range 38 East is one of the few
14 remaining high-quality deposits in the state available for
15 recovery of limestone, and that the Dade County 1985 Northwest
16 Wellfield Protection Plan encourages limestone quarrying
17 activity in lieu of urban development in this area.
18 (4)(3) The Northwest Dade County Freshwater Lake Belt
19 Plan Implementation Committee shall be appointed by the
20 governing board of the South Florida Water Management District
21 to develop a strategy for the design and implementation of the
22 Northwest Dade County Freshwater Lake Belt Plan. The committee
23 shall consist be comprised of 13 members and 2 ex officio
24 members, consisting of the chair of the governing board or his
25 or her designee of the South Florida Water Management
26 District, who shall serve as chair of the committee, the
27 policy director of Environmental and Growth Management in the
28 Office of the Governor, the secretary or the secretary's
29 designee of the Department of Environmental Protection, the
30 director of the Division of Resource Management or its
31 successor division within the Department of Environmental
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HOUSE AMENDMENT
Bill No. HB 1667
Amendment No. 1 (for drafter's use only)
1 Protection, the director of the Office of Tourism, Trade, and
2 Economic Development within the Office of the Governor, the
3 secretary or the secretary's designee of the Department of
4 Commerce, the secretary or the secretary's designee of the
5 Department of Community Affairs, the executive director of the
6 Game and Freshwater Fish Commission, the director of the
7 Department of Environmental Resource Management of Dade
8 County, the director of the Dade County Water and Sewer
9 Department, the Director of Planning in Dade County, a
10 representative of the Friends of the Everglades, a
11 representative of the Florida Audubon Society, a
12 representative of the Florida chapter of the Sierra Club, a
13 representative of the nonmining private landowners within the
14 Dade County Lake Belt area and four representatives from the
15 limestone mining industry to be appointed by the governing
16 board of the South Florida Water Management District. The Two
17 ex officio seats on the committee will be filled by one member
18 of the Florida House of Representatives to be selected by the
19 Speaker of the House of Representatives from among
20 representatives whose districts, or some portion of whose
21 districts, are included within the geographical scope of the
22 committee as described in subsection (3) (2), and one member
23 of the Florida Senate to be selected by the President of the
24 Senate from among senators whose districts, or some portion of
25 whose districts, are included within the geographical scope of
26 the committee as described in subsection (3) (2). The
27 committee may appoint other ex officio members, as needed, by
28 a majority vote of all committee members. A committee member
29 may designate in writing an alternate member who, in the
30 member's absence, may participate and vote in committee
31 meetings.
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HOUSE AMENDMENT
Bill No. HB 1667
Amendment No. 1 (for drafter's use only)
1 (5)(4) The committee shall develop Phase II of the
2 Lake Belt a Plan which shall:
3 (a) Include a detailed master plan to further
4 implementation;
5 (b) Further address compatible land uses,
6 opportunities, and potential conflicts;
7 (c) Provide for additional wellfield protection;
8 (d) Provide measures to prevent the reclassification
9 of the Northwest Dade County wells as groundwater under the
10 direct influence of surface water.
11 (e) Secure additional funding sources; and
12 (f) Consider the need to establish a land authority.
13 (a) Enhances the water supply for Dade County and the
14 Everglades;
15 (b) Maximizes efficient recovery of limestone while
16 promoting the social and economic welfare of the community and
17 protecting the environment; and
18 (c) Educates various groups and the general public of
19 the benefits of the plan.
20 (6)(5) The committee shall remain in effect until
21 January 1, 2001 1999, and shall meet as deemed necessary by
22 the chair. The committee shall monitor and direct progress
23 toward developing and implementing the plan. The committee
24 shall submit progress reports to the governing board of the
25 South Florida Water Management District and the Legislature by
26 December 31 of each year, 1994, and by December 31, 1995.
27 These reports shall include a summary of the activities of the
28 committee, updates on all ongoing studies, any other relevant
29 information gathered during the calendar year, and the
30 committee recommendations for legislative and regulatory
31 revisions. The committee shall submit a Phase II final report
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HOUSE AMENDMENT
Bill No. HB 1667
Amendment No. 1 (for drafter's use only)
1 and plan to the governing board of the South Florida Water
2 Management District and the Legislature by December 31, 2000,
3 to supplement the Phase I report submitted on February 28,
4 1997 1996. The Phase II This report must shall include the
5 detailed master plan for the Dade County Lake Belt area
6 together with the final reports on all studies, the final
7 recommendations of the committee, the status of implementation
8 of Phase I recommendations and other relevant information, and
9 the committee's recommendation for legislative and regulatory
10 revisions.
11 (7)(6) After completion of the plan, The committee
12 shall continue to assist in its implementation and shall
13 report to the governing board of the South Florida Water
14 Management District semiannually.
15 (8)(7) In carrying out its work, the committee shall
16 solicit comments from scientific and economic advisors and
17 governmental, public, and private interests. The committee
18 shall provide meeting notes, reports, and the strategy
19 document in a timely manner for public comment.
20 (9)(8) The committee is authorized to seek from the
21 agencies or entities represented on the committee any grants
22 or funds necessary to enable it to carry out its charge.
23 (9) The study area shall be extended to include land
24 south of Tamiami Trail in sections 5, 6, 7, 8, 17, and 18,
25 Township 54 South, Range 39 East, and to section 11, 12, 13,
26 14, 23, 24, 25, 26, 35, and 36, Township 54 South, Range 38
27 East, all of which are located outside of Metro-Dade County's
28 Current 2010 Urban Development Boundary Line. No additional
29 biological studies will be required; however, computer
30 hydrologic modeling, land use, and water quality studies may
31 be necessary in the extended study area.
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HOUSE AMENDMENT
Bill No. HB 1667
Amendment No. 1 (for drafter's use only)
1 (10) The Department of Environmental Protection, in
2 conjunction with the South Florida Water Management District
3 and the Dade County Department of Environmental Resources
4 Management, is directed to develop a comprehensive mitigation
5 plan for the Dade County Lake Belt Plan, subject to approval
6 by the Legislature, which offsets the loss of wetland
7 functions and values resulting from rock mining in
8 mining-supported and allowable areas. The Legislature directs
9 the committee and the Department of Environmental Protection
10 to work with the United States Environmental Protection Agency
11 and the Miami Dade Water and Sewer Authority Department to
12 ensure that the Northwest Wellfield will retain its
13 groundwater source classification for drinking water treatment
14 standards. This determination shall be made utilizing
15 hydrologic modeling and water quality studies. The committee
16 shall seek funding for this study.
17 (11) The Legislature directs the South Florida Water
18 Management District to oversee or carry out studies to
19 determine evapotranspiration rates for melaleuca forest and
20 prairie in the lakebelt area. Upon completion of the
21 evapotranspiration study, the South Florida Water Management
22 District shall incorporate study results as part of its
23 overall water supply planning process. The committee shall
24 seek funding for this study.
25 (11)(12) The secretary of the Department of
26 Environmental Protection, the secretary of the Department of
27 Community Affairs, the secretary of the Department of
28 Transportation, the Commissioner of Agriculture, the executive
29 director of the Game and Freshwater Fish Commission, and the
30 executive director of the South Florida Water Management
31 District may enter into agreements with landowners,
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HOUSE AMENDMENT
Bill No. HB 1667
Amendment No. 1 (for drafter's use only)
1 developers, businesses, industries, individuals, and
2 governmental agencies as necessary to effectuate the
3 provisions of this section. The Legislature directs the
4 Department of Commerce to oversee or carry out studies of the
5 economic impact associated with the implementation of the
6 lakebelt plan or any of its alternatives.
7 (12)(13)(a) All agencies of the state shall review the
8 status of their land holdings within the boundaries of the
9 Dade County Lake Belt. Those lands for which no present or
10 future use is identified must be made available, together with
11 other suitable lands, to the committee for its use in carrying
12 out the objectives of this act.
13 (b) It is the intent of the Legislature that lands
14 provided to the committee be used for land exchanges to
15 further the objectives of this act. This section is repealed
16 January 1, 1999.
17 Section 2. Section 373.4415, Florida Statutes, is
18 created to read:
19 373.4415 Role of Dade County in processing permits for
20 limerock mining in Dade County Lake Belt.--The department and
21 Dade County shall cooperate to establish and fulfill
22 reasonable requirements for the departmental delegation to the
23 Dade County Department of Environmental Resource Management of
24 authority to implement the permitting program under ss.
25 373.403-373.439 for limerock mining activities within the
26 geographic area of the Dade County Lake Belt which was
27 recommended for mining in the report submitted to the
28 Legislature in February 1997 by the Dade County Lake Belt Plan
29 Implementation Committee under s. 373.4149. The delegation of
30 authority must be consistent with s. 373.441 and chapter
31 62-344, Florida Administrative Code. To further streamline
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HOUSE AMENDMENT
Bill No. HB 1667
Amendment No. 1 (for drafter's use only)
1 permitting within the Dade County Lake Belt, the department
2 and Dade County are encouraged to work with the United States
3 Army Corps of Engineers to establish a general permit under s.
4 404 of the Clean Water Act for limerock mining activities
5 within the geographic area of the Dade County Lake Belt
6 consistent with the report submitted in February 1997. Dade
7 County is further encouraged to seek delegation from the
8 United States Army Corps of Engineers for the implementation
9 of any such general permit. This section does not limit the
10 authority of the department to delegate other responsibilities
11 to Dade County under this part.
12 Section 3. Section 378.4115, Florida Statutes, is
13 created to read:
14 378.4115 County certification for limerock mining in
15 the Dade County Lake Belt.--The department and Dade County
16 shall cooperate to establish and fulfill reasonable
17 requirements for the departmental certification of the Dade
18 County Department of Environmental Resource Management to
19 implement the reclamation program under ss. 378.401-378.503
20 for limerock mining activities within the geographic area of
21 the Dade County Lake Belt which was recommended for mining in
22 the report submitted to the Legislature in February 1997 by
23 the Dade County Lake Belt Plan Implementation Committee under
24 s. 373.4149. The delegation of implementing authority must be
25 consistent with s. 378.411 and chapter 62C-36, Florida
26 Administrative Code. Further, the reclamation program shall
27 maximize the efficient mining of limestone and the littoral
28 area surrounding the lake excavations shall not be required to
29 be greater than 100 feet average in width.
30 Section 4. Subsections (15) and (16) of section
31 373.414, Florida Statutes, 1996 Supplement, are amended to
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HOUSE AMENDMENT
Bill No. HB 1667
Amendment No. 1 (for drafter's use only)
1 read:
2 373.414 Additional criteria for activities in surface
3 waters and wetlands.--
4 (15) Activities associated with mining operations as
5 defined by and subject to ss. 378.201-378.212 and
6 378.701-378.703 and included in a conceptual reclamation plan
7 or modification application submitted prior to July 1, 1996,
8 shall continue to be reviewed under the rules of the
9 department adopted pursuant to ss. 403.91-403.929, 1984
10 Supplement to the Florida Statutes 1983, as amended, the rules
11 of the water management districts under this part, and
12 interagency agreements, in effect on January 1, 1993. Such
13 activities shall be exempt from rules adopted pursuant to
14 subsection (9) and the statewide methodology ratified pursuant
15 to s. 373.4211. As of January 1, 1994, such activities may be
16 issued permits authorizing construction for the life of the
17 mine. This subsection shall be in effect until January 1,
18 1998, and shall not apply to new mines. For purposes of this
19 subsection, a "new mine" means a mine on which the owner or
20 operator has neither commenced construction nor initiated the
21 permitting process prior to June 1, 1994.
22 (16) Until October 1, 2000 1997, regulation under
23 rules adopted pursuant to this part of any sand, limerock, or
24 limestone mining activity which is located in Township 52
25 South, Range 39 East, sections 1, 2, 3, 10, 11, 12, 13, 14,
26 15, 22, 23, 24, 25, 26, 27, 34, 35, and 36; in Township 52
27 South, Range 40 East, sections 6, 7, 8, 18, and 19; in
28 Township 53 South, Range 39 East, sections 1, 2, 13, 21, 22,
29 23, 24, 25, 26, 33, 34, 35, and 36; and in Township 54 South,
30 Range 38 East, sections 24, and 25, and 36, shall not include
31 the rules adopted pursuant to subsection (9). In addition,
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HOUSE AMENDMENT
Bill No. HB 1667
Amendment No. 1 (for drafter's use only)
1 until October 1, 2000 1997, such activities shall continue to
2 be regulated under the rules adopted pursuant to ss.
3 403.91-403.929, 1984 Supplement to the Florida Statutes 1983,
4 as amended, as such rules existed prior to the effective date
5 of the rules adopted pursuant to subsection (9) and such
6 dredge and fill jurisdiction shall be that which existed prior
7 to January 24, 1984. In addition, any such sand, limerock, or
8 limestone mining activity shall be approved by Dade County and
9 the United States Army Corps of Engineers. This section shall
10 only apply to mining activities which are continuous and
11 carried out on land contiguous to mining operations that were
12 in existence on or before October 1, 1984.
13 Section 5. This act shall take effect July 1, 1997.
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 12, line 31, through page 13, line 13, of the
19 amendment
20 remove: all of said lines,
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22 and insert in lieu thereof:
23 On page 1, lines 2-31, of the amendment
24 remove: all of said lines,
25
26 and insert in lieu thereof:
27 An act relating to limerock mining; amending s.
28 373.4149, F.S.; revising provisions relating to
29 the Northwest Dade County Freshwater Lake Plan
30 to apply to the Dade County Lake Belt Plan;
31 providing legislative findings; defining the
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HOUSE AMENDMENT
Bill No. HB 1667
Amendment No. 1 (for drafter's use only)
1 Dade County Lake Belt Area; providing for a
2 Dade County Lake Belt Plan Implementation
3 Committee; providing for membership; providing
4 duties of the committee; requiring reports;
5 requiring the Department of Environmental
6 Protection, in conjunction with certain
7 agencies, develop a comprehensive mitigation
8 plan for certain areas for certain purposes;
9 authorizing certain state agencies to enter
10 into agreements to accomplish certain purposes;
11 requiring state agencies to review certain land
12 holdings for certain purposes; deleting a
13 future repeal; creating s. 373.4415, F.S.;
14 providing for delegation by the Department of
15 Environmental Protection to Dade County certain
16 permit program functions and responsibilities
17 for limerock mining in the Dade County Lake
18 Belt Area; creating s. 378.4115, F.S.;
19 providing for certification by the department
20 for Dade County to implement certain
21 reclamation program functions and
22 responsibilities for the Dade County Lake Belt
23 Area; amending s. 373.414, F.S.; revising
24 certain criteria for activities associated with
25 mining operations in surface waters and
26 wetlands; providing an effective date.
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