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



                                                   HOUSE AMENDMENT

    hbd-00                                        Bill No. HB 1667

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4                                                                

  5                                           ORIGINAL STAMP BELOW

  6

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10                                                                

11  Representative(s) Lacasa offered the following:

12

13         Substitute Amendment for Amendment 01667-ep  -985191

14  (with title amendment) 

15         On page 1, line 14, through page 12, line 31,

16  remove from the amendment:  all of said lines,

17

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

    hbd-00                                        Bill No. HB 1667

    Amendment No.     (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, except the

11  land in section 36, Township 54 South, Range 39 East, of

12  Tamiami Trail in sections 5, 6, 7, 8, 17, and 18, Township 54

13  South, Range 39 East, and in sections 11, 12, 13, 14, 23, 24,

14  25, 26, 35, and 36, Township 54 South, Range 38 East is one of

15  the few remaining high-quality deposits in the state available

16  for recovery of limestone, and that the Dade County 1985

17  Northwest Wellfield Protection Plan encourages limestone

18  quarrying activity in lieu of urban development in this area.

19         (4)(3)  The Northwest Dade County Freshwater Lake Belt

20  Plan Implementation Committee shall be appointed by the

21  governing board of the South Florida Water Management District

22  to develop a strategy for the design and implementation of the

23  Northwest Dade County Freshwater Lake Belt Plan. The committee

24  shall consist be comprised of 13 members and 2 ex officio

25  members, consisting of the chair of the governing board or his

26  or her designee of the South Florida Water Management

27  District, who shall serve as chair of the committee, the

28  policy director of Environmental and Growth Management in the

29  Office of the Governor, the secretary or the secretary's

30  designee of the Department of Environmental Protection, the

31  director of the Division of Resource Management or its

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                                                   HOUSE AMENDMENT

    hbd-00                                        Bill No. HB 1667

    Amendment No.     (for drafter's use only)





  1  successor division within the Department of Environmental

  2  Protection, the director of the Office of Tourism, Trade, and

  3  Economic Development within the Office of the Governor, the

  4  secretary or the secretary's designee of the Department of

  5  Commerce, the secretary or the secretary's designee of the

  6  Department of Community Affairs, the executive director of the

  7  Game and Freshwater Fish Commission, the director of the

  8  Department of Environmental Resource Management of Dade

  9  County, the director of the Dade County Water and Sewer

10  Department, the Director of Planning in Dade County, a

11  representative of the Friends of the Everglades, a

12  representative of the Florida Audubon Society, a

13  representative of the Florida chapter of the Sierra Club, a

14  representative of the nonmining private landowners within the

15  Dade County Lake Belt area and four representatives from the

16  limestone mining industry to be appointed by the governing

17  board of the South Florida Water Management District. The Two

18  ex officio seats on the committee will be filled by one member

19  of the Florida House of Representatives to be selected by the

20  Speaker of the House of Representatives from among

21  representatives whose districts, or some portion of whose

22  districts, are included within the geographical scope of the

23  committee as described in subsection (3) (2), and one member

24  of the Florida Senate to be selected by the President of the

25  Senate from among senators whose districts, or some portion of

26  whose districts, are included within the geographical scope of

27  the committee as described in subsection (3) (2).  The

28  committee may appoint other ex officio members, as needed, by

29  a majority vote of all committee members.  A committee member

30  may designate in writing an alternate member who, in the

31  member's absence, may participate and vote in committee

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                                                   HOUSE AMENDMENT

    hbd-00                                        Bill No. HB 1667

    Amendment No.     (for drafter's use only)





  1  meetings.

  2         (5)(4)  The committee shall develop Phase II of the

  3  Lake Belt a Plan which shall:

  4         (a)  Include a detailed master plan to further

  5  implementation;

  6         (b)  Further address compatible land uses,

  7  opportunities, and potential conflicts;

  8         (c)  Provide for additional wellfield protection;

  9         (d)  Provide measures to prevent the reclassification

10  of the Northwest Dade County wells as groundwater under the

11  direct influence of surface water.

12         (e)  Secure additional funding sources; and

13         (f)  Consider the need to establish a land authority.

14         (a)  Enhances the water supply for Dade County and the

15  Everglades;

16         (b)  Maximizes efficient recovery of limestone while

17  promoting the social and economic welfare of the community and

18  protecting the environment; and

19         (c)  Educates various groups and the general public of

20  the benefits of the plan.

21         (6)(5)  The committee shall remain in effect until

22  January 1, 2001 1999, and shall meet as deemed necessary by

23  the chair. The committee shall monitor and direct progress

24  toward developing and implementing the plan. The committee

25  shall submit progress reports to the governing board of the

26  South Florida Water Management District and the Legislature by

27  December 31 of each year, 1994, and by December 31, 1995.

28  These reports shall include a summary of the activities of the

29  committee, updates on all ongoing studies, any other relevant

30  information gathered during the calendar year, and the

31  committee recommendations for legislative and regulatory

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                                                   HOUSE AMENDMENT

    hbd-00                                        Bill No. HB 1667

    Amendment No.     (for drafter's use only)





  1  revisions. The committee shall submit a Phase II final report

  2  and plan to the governing board of the South Florida Water

  3  Management District and the Legislature by December 31, 2000,

  4  to supplement the Phase I report submitted on February 28,

  5  1997 1996. The Phase II This report must shall include the

  6  detailed master plan for the Dade County Lake Belt area

  7  together with the final reports on all studies, the final

  8  recommendations of the committee, the status of implementation

  9  of Phase I recommendations and other relevant information, and

10  the committee's recommendation for legislative and regulatory

11  revisions.

12         (7)(6)  After completion of the plan, The committee

13  shall continue to assist in its implementation and shall

14  report to the governing board of the South Florida Water

15  Management District semiannually.

16         (8)(7)  In carrying out its work, the committee shall

17  solicit comments from scientific and economic advisors and

18  governmental, public, and private interests. The committee

19  shall provide meeting notes, reports, and the strategy

20  document in a timely manner for public comment.

21         (9)(8)  The committee is authorized to seek from the

22  agencies or entities represented on the committee any grants

23  or funds necessary to enable it to carry out its charge.

24         (9)  The study area shall be extended to include land

25  south of Tamiami Trail in sections 5, 6, 7, 8, 17, and 18,

26  Township 54 South, Range 39 East, and to section 11, 12, 13,

27  14, 23, 24, 25, 26, 35, and 36, Township 54 South, Range 38

28  East, all of which are located outside of Metro-Dade County's

29  Current 2010 Urban Development Boundary Line. No additional

30  biological studies will be required; however, computer

31  hydrologic modeling, land use, and water quality studies may

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                                                   HOUSE AMENDMENT

    hbd-00                                        Bill No. HB 1667

    Amendment No.     (for drafter's use only)





  1  be necessary in the extended study area.

  2         (10)  The Department of Environmental Protection, in

  3  conjunction with the South Florida Water Management District

  4  and the Dade County Department of Environmental Resources

  5  Management, is directed to develop a comprehensive mitigation

  6  plan for the Dade County Lake Belt Plan, subject to approval

  7  by the Legislature, which offsets the loss of wetland

  8  functions and values resulting from rock mining in

  9  mining-supported and allowable areas. The Legislature directs

10  the committee and the Department of Environmental Protection

11  to work with the United States Environmental Protection Agency

12  and the Miami Dade Water and Sewer Authority Department to

13  ensure that the Northwest Wellfield will retain its

14  groundwater source classification for drinking water treatment

15  standards. This determination shall be made utilizing

16  hydrologic modeling and water quality studies. The committee

17  shall seek funding for this study.

18         (11)  The Legislature directs the South Florida Water

19  Management District to oversee or carry out studies to

20  determine evapotranspiration rates for melaleuca forest and

21  prairie in the lakebelt area. Upon completion of the

22  evapotranspiration study, the South Florida Water Management

23  District shall incorporate study results as part of its

24  overall water supply planning process. The committee shall

25  seek funding for this study.

26         (11)(12)  The secretary of the Department of

27  Environmental Protection, the secretary of the Department of

28  Community Affairs, the secretary of the Department of

29  Transportation, the Commissioner of Agriculture, the executive

30  director of the Game and Freshwater Fish Commission, and the

31  executive director of the South Florida Water Management

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                                                   HOUSE AMENDMENT

    hbd-00                                        Bill No. HB 1667

    Amendment No.     (for drafter's use only)





  1  District may enter into agreements with landowners,

  2  developers, businesses, industries, individuals, and

  3  governmental agencies as necessary to effectuate the

  4  provisions of this section. The Legislature directs the

  5  Department of Commerce to oversee or carry out studies of the

  6  economic impact associated with the implementation of the

  7  lakebelt plan or any of its alternatives.

  8         (12)(13)(a)  All agencies of the state shall review the

  9  status of their land holdings within the boundaries of the

10  Dade County Lake Belt. Those lands for which no present or

11  future use is identified must be made available, together with

12  other suitable lands, to the committee for its use in carrying

13  out the objectives of this act.

14         (b)  It is the intent of the Legislature that lands

15  provided to the committee be used for land exchanges to

16  further the objectives of this act. This section is repealed

17  January 1, 1999.

18         Section 2.  Section 373.4415, Florida Statutes, is

19  created to read:

20         373.4415  Role of Dade County in processing permits for

21  limerock mining in Dade County Lake Belt.--The department and

22  Dade County shall cooperate to establish and fulfill

23  reasonable requirements for the departmental delegation to the

24  Dade County Department of Environmental Resource Management of

25  authority to implement the permitting program under ss.

26  373.403-373.439 for limerock mining activities within the

27  geographic area of the Dade County Lake Belt which was

28  recommended for mining in the report submitted to the

29  Legislature in February 1997 by the Dade County Lake Belt Plan

30  Implementation Committee under s. 373.4149. The delegation of

31  authority must be consistent with s. 373.441 and chapter

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                                                   HOUSE AMENDMENT

    hbd-00                                        Bill No. HB 1667

    Amendment No.     (for drafter's use only)





  1  62-344, Florida Administrative Code. To further streamline

  2  permitting within the Dade County Lake Belt, the department

  3  and Dade County are encouraged to work with the United States

  4  Army Corps of Engineers to establish a general permit under s.

  5  404 of the Clean Water Act for limerock mining activities

  6  within the geographic area of the Dade County Lake Belt

  7  consistent with the report submitted in February 1997. Dade

  8  County is further encouraged to seek delegation from the

  9  United States Army Corps of Engineers for the implementation

10  of any such general permit. This section does not limit the

11  authority of the department to delegate other responsibilities

12  to Dade County under this part.

13         Section 3.  Section 378.4115, Florida Statutes, is

14  created to read:

15         378.4115  County certification for limerock mining in

16  the Dade County Lake Belt.--The department and Dade County

17  shall cooperate to establish and fulfill reasonable

18  requirements for the departmental certification of the Dade

19  County Department of Environmental Resource Management to

20  implement the reclamation program under ss. 378.401-378.503

21  for limerock mining activities within the geographic area of

22  the Dade County Lake Belt which was recommended for mining in

23  the report submitted to the Legislature in February 1997 by

24  the Dade County Lake Belt Plan Implementation Committee under

25  s. 373.4149. The delegation of implementing authority must be

26  consistent with s. 378.411 and chapter 62C-36, Florida

27  Administrative Code.  Further, the reclamation program shall

28  maximize the efficient mining of limestone and the littoral

29  area surrounding the lake excavations shall not be required to

30  be greater than 100 feet average in width.

31         Section 4.  Subsections (15) and (16) of section

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                                                   HOUSE AMENDMENT

    hbd-00                                        Bill No. HB 1667

    Amendment No.     (for drafter's use only)





  1  373.414, Florida Statutes, 1996 Supplement, are amended to

  2  read:

  3         373.414  Additional criteria for activities in surface

  4  waters and wetlands.--

  5         (15)  Activities associated with mining operations as

  6  defined by and subject to ss. 378.201-378.212 and

  7  378.701-378.703 and included in a conceptual reclamation plan

  8  or modification application submitted prior to July 1, 1996,

  9  shall continue to be reviewed under the rules of the

10  department adopted pursuant to ss. 403.91-403.929, 1984

11  Supplement to the Florida Statutes 1983, as amended, the rules

12  of the water management districts under this part, and

13  interagency agreements, in effect on January 1, 1993. Such

14  activities shall be exempt from rules adopted pursuant to

15  subsection (9) and the statewide methodology ratified pursuant

16  to s. 373.4211. As of January 1, 1994, such activities may be

17  issued permits authorizing construction for the life of the

18  mine. This subsection shall be in effect until January 1,

19  1998, and shall not apply to new mines. For purposes of this

20  subsection, a "new mine" means a mine on which the owner or

21  operator has neither commenced construction nor initiated the

22  permitting process prior to June 1, 1994.

23         (16)  Until October 1, 2000 1997, regulation under

24  rules adopted pursuant to this part of any sand, limerock, or

25  limestone mining activity which is located in Township 52

26  South, Range 39 East, sections 1, 2, 3, 10, 11, 12, 13, 14,

27  15, 22, 23, 24, 25, 26, 27, 34, 35, and 36; in Township 52

28  South, Range 40 East, sections 6, 7, 8, 18, and 19; in

29  Township 53 South, Range 39 East, sections 1, 2, 13, 21, 22,

30  23, 24, 25, 26, 33, 34, 35, and 36; and in Township 54 South,

31  Range 38 East, sections 24, and 25, and 36, shall not include

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                                                   HOUSE AMENDMENT

    hbd-00                                        Bill No. HB 1667

    Amendment No.     (for drafter's use only)





  1  the rules adopted pursuant to subsection (9). In addition,

  2  until October 1, 2000 1997, such activities shall continue to

  3  be regulated under the rules adopted pursuant to ss.

  4  403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

  5  as amended, as such rules existed prior to the effective date

  6  of the rules adopted pursuant to subsection (9) and such

  7  dredge and fill jurisdiction shall be that which existed prior

  8  to January 24, 1984. In addition, any such sand, limerock, or

  9  limestone mining activity shall be approved by Dade County and

10  the United States Army Corps of Engineers. This section shall

11  only apply to mining activities which are continuous and

12  carried out on land contiguous to mining operations that were

13  in existence on or before October 1, 1984.

14         Section 5.  This act shall take effect July 1, 1997.

15

16

17  ================ T I T L E   A M E N D M E N T ===============

18  And the title is amended as follows:

19         On page 12, line 31, through page 13, line 13, of the

20  amendment

21  remove:  all of said lines,

22

23  and insert in lieu thereof:

24         On page 1, lines 2-31, of the amendment

25  remove:  all of said lines,

26

27  and insert in lieu thereof:

28         An act relating to limerock mining; amending s.

29         373.4149, F.S.; revising provisions relating to

30         the Northwest Dade County Freshwater Lake Plan

31         to apply to the Dade County Lake Belt Plan;

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                                                   HOUSE AMENDMENT

    hbd-00                                        Bill No. HB 1667

    Amendment No.     (for drafter's use only)





  1         providing legislative findings; defining the

  2         Dade County Lake Belt Area; providing for a

  3         Dade County Lake Belt Plan Implementation

  4         Committee; providing for membership; providing

  5         duties of the committee; requiring reports;

  6         requiring the Department of Environmental

  7         Protection, in conjunction  with certain

  8         agencies, develop a comprehensive mitigation

  9         plan for certain areas for certain purposes;

10         authorizing certain state agencies to enter

11         into agreements to accomplish certain purposes;

12         requiring state agencies to review certain land

13         holdings for certain purposes; deleting a

14         future repeal; creating s. 373.4415, F.S.;

15         providing for delegation by the Department of

16         Environmental Protection to Dade County certain

17         permit program functions and responsibilities

18         for limerock mining in the Dade County Lake

19         Belt Area; creating s. 378.4115, F.S.;

20         providing for certification by the department

21         for Dade County to implement certain

22         reclamation program functions and

23         responsibilities for the Dade County Lake Belt

24         Area; amending s. 373.414, F.S.; revising

25         certain criteria for activities associated with

26         mining operations in surface waters and

27         wetlands; providing an effective date.

28

29

30

31

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