House Bill 1667c1

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    Florida House of Representatives - 1998             CS/HB 1667

        By the Committee on General Government Appropriations and
    Representative Villalobos





  1                      A bill to be entitled

  2         An act relating to limerock mining; providing

  3         legislative findings and intent with respect to

  4         a mitigation plan for the Dade County Lake Belt

  5         Area to offset the impact of mining activities;

  6         imposing a fee on the commercial extraction of

  7         limerock and sand from the Dade County Lake

  8         Belt Area; requiring the proceeds of the fee to

  9         be paid to the Department of Revenue; providing

10         for transfer of the fee to the South Florida

11         Water Management District and deposit in a

12         separate interest-bearing account; providing

13         for the Department of Revenue to administer the

14         collection of the fee; authorizing the

15         department to adopt rules; providing for an

16         annual adjustment of the fee rate after a

17         specified date; specifying purposes for which

18         the proceeds of the fee may be used; requiring

19         that expenditures from the account be approved

20         by an interagency committee; providing for

21         membership of the committee; providing that

22         payment of the fee satisfies certain

23         requirements for mitigation; providing for

24         suspension of imposition of the fee under

25         certain circumstances; providing an effective

26         date.

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28  Be It Enacted by the Legislature of the State of Florida:

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    Florida House of Representatives - 1998             CS/HB 1667

    610-118-98






  1         Section 1.  Dade County Lake Belt Mitigation Plan;

  2  mitigation for mining activities within the Dade County Lake

  3  Belt.--

  4         (1)  The Legislature finds that the impact of mining

  5  within the Dade County Lake Belt Area is offset by a

  6  mitigation plan that is designated the "Lake Belt Mitigation

  7  Plan." The per-ton fee assessed on limestone sold from the

  8  Dade County Lake Belt Area shall be used for acquiring

  9  environmentally sensitive lands and for restoration,

10  maintenance, and other environmental purposes. Further, the

11  Legislature finds that the public benefit of a sustainable

12  supply of limestone construction materials for public and

13  private projects requires a coordinated approach to permitting

14  activities on wetlands within the Dade County Lake Belt in

15  order to provide the certainty necessary to encourage

16  substantial and continued investment in the limestone

17  processing plant and equipment required to efficiently extract

18  the limestone resource. It is the intent of the Legislature

19  that the Lake Belt Mitigation Plan satisfy all local, state,

20  and federal requirements for mining activity within the Dade

21  County Lake Belt Area.

22         (2)  To provide for the mitigation of wetland resources

23  lost to mining activities within the Dade County Lake Belt

24  Area, effective January 1, 1999, a fee is imposed on each ton

25  of limerock and sand extracted by any person who engages in

26  the business of extracting limerock or sand from within the

27  Dade County Lake Belt Area. The fee is at the rate of 4.41

28  cents for each ton of limerock and sand sold from within the

29  Dade County Lake Belt Area in raw, processed, or manufactured

30  form, including, but not limited to, sized aggregate, cement,

31  concrete, and concrete products. Any limerock or sand that is

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    Florida House of Representatives - 1998             CS/HB 1667

    610-118-98






  1  used within the mine from which the limerock or sand is

  2  extracted is exempt from the fee. The amount of the fee

  3  imposed under this section must be stated separately on the

  4  invoice provided to the purchaser. The proceeds of the fee

  5  must be paid to the Department of Revenue on or before the

  6  20th day of the month following the calendar month in which

  7  the sale occurs.

  8         (3)  The fee imposed by this section must be reported

  9  to the Department of Revenue. Payment of the fee must be

10  accompanied by a form prescribed by the Department of Revenue.

11  The proceeds of the fee, less administrative costs, must be

12  transferred by the Department of Revenue to the South Florida

13  Water Management District and deposited into an

14  interest-bearing account to be maintained separately and not

15  commingled with other funds. As used in this section, the term

16  "proceeds of the fee" means all funds collected and received

17  by the Department of Revenue under this section, including

18  interest and penalties on delinquent fees. The amount deducted

19  for administrative costs may not exceed 3 percent of the total

20  revenues collected under this section and may equal only those

21  administrative costs reasonably attributable to the fee.

22         (4)(a)  The Department of Revenue shall administer,

23  collect, and enforce the fee authorized under this section in

24  accordance with the procedures used to administer, collect,

25  and enforce the general sales tax imposed under chapter 212,

26  Florida Statutes. The provisions of chapter 212, Florida

27  Statutes, with respect to the authority of the Department of

28  Revenue to audit and make assessments, the keeping of books

29  and records, and the interest and penalties imposed on

30  delinquent fees apply to this section. The fee may not be

31  included in computing estimated taxes under s. 212.11, Florida

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    Florida House of Representatives - 1998             CS/HB 1667

    610-118-98






  1  Statutes, and the dealer's credit for collecting taxes or fees

  2  provided for in s. 212.12, Florida Statutes, does not apply to

  3  the fee imposed by this section.

  4         (b)  In administering this section, the Department of

  5  Revenue may employ persons and incur expenses for which funds

  6  are appropriated by the Legislature. The Department of Revenue

  7  shall adopt rules and prescribe and publish forms necessary to

  8  administer this section. The Department of Revenue shall

  9  establish audit procedures and may assess delinquent fees.

10         (5)  Beginning July 1, 2000, and each July 1

11  thereafter, the per-ton fee shall be adjusted by the

12  percentage change in the average of the Consumer Price Index

13  issued by the United States Department of Labor for the most

14  recent 12-month period ending on September 30, and the

15  percentage change in the Producer's Price Index for Net Output

16  of Crushed and Broken Stone, South Atlantic Region, issued by

17  the United States Department of Labor for the most recent

18  12-month period ending on September 30, compared to the

19  average of these indexes for the base year, which is the

20  12-month period ending on September 30, 1999.

21         (6)(a)  The proceeds of the fee must be used to conduct

22  mitigation activities that are appropriate to offset the loss

23  of the value and functions of wetlands as a result of mining

24  activities in the Dade County Lake Belt Area and must be used

25  in a manner consistent with the recommendations contained in

26  the reports submitted to the Legislature by the Dade County

27  Lake Belt Plan Implementation Committee and adopted under s.

28  373.4149, Florida Statutes. Such mitigation may include the

29  purchase, enhancement, restoration, and management of wetlands

30  and uplands, the purchase of mitigation credit from a

31  permitted mitigation bank, and any structural modifications to

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    Florida House of Representatives - 1998             CS/HB 1667

    610-118-98






  1  the existing drainage system to enhance the hydrology of the

  2  Dade County Lake Belt Area. Funds may also be used to

  3  reimburse other funding sources, including the Save Our Rivers

  4  Land Acquisition Program and the Internal Improvement Trust

  5  Fund, for the purchase of lands that were acquired in areas

  6  appropriate for mitigation due to rock mining and to reimburse

  7  governmental agencies that exchanged land under s. 373.4149,

  8  Florida Statutes, for mitigation due to rock mining.

  9         (b)  Expenditures must be approved by an interagency

10  committee that consists of representatives from the Miami-Dade

11  County Department of Environmental Resource Management, the

12  Department of Environmental Protection, the South Florida

13  Water Management District, the Game and Fresh Water Fish

14  Commission, and, at the discretion of the committee,

15  additional members who represent federal regulatory,

16  environmental, and fish and wildlife agencies and

17  representatives of the limestone industry.

18         (7)  Payment of the fee imposed by this section

19  satisfies the mitigation requirements imposed under ss.

20  373.403-373.439, Florida Statutes, and any applicable county

21  ordinance for loss of the value and functions of wetlands. In

22  addition, it is the intent of the Legislature that the payment

23  of the fee imposed by this section satisfy all federal

24  mitigation requirements.

25         (8)  If a general permit by the United States Army

26  Corps of Engineers, or an appropriate long-term permit for

27  mining, issued on or before September 30, 2000, is

28  inconsistent with the Dade County Lake Belt Plan, this

29  section, and ss. 378.4115, 373.4149, and 373.4415, Florida

30  Statutes, the fee imposed by this section is suspended until

31  reenacted by the Legislature.

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    Florida House of Representatives - 1998             CS/HB 1667

    610-118-98






  1         Section 2.  This act shall take effect July 1 of the

  2  year in which enacted.

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