Senate Bill 1988

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



    Florida Senate - 1998                                  SB 1988

    By Senators Diaz-Balart and Kirkpatrick





    37-905-98

  1                      A bill to be entitled

  2         An act relating to environmental mitigation;

  3         providing legislative findings and intent with

  4         respect to a mitigation plan for the Dade

  5         County Lake Belt Area to offset the impact of

  6         mining activities; imposing a fee on the

  7         commercial extraction of limerock and sand from

  8         the Dade County Lake Belt Area; requiring the

  9         proceeds of the fee to be paid to the

10         Department of Revenue; providing for transfer

11         of the fee to the Mitigation Trust Fund

12         administered by the Miami-Dade County

13         Department of Environmental Resource

14         Management; providing for the Department of

15         Revenue to administer the collection of the

16         fee; authorizing the department to adopt rules;

17         providing for an annual adjustment of the fee

18         rate after a specified date; specifying

19         purposes for which the proceeds of the fee may

20         be used; requiring that expenditures from the

21         trust fund be approved by an interagency

22         committee; providing for membership of the

23         committee; providing that payment of the fee

24         satisfies certain requirements for mitigation;

25         providing for suspension of imposition of the

26         fee under certain circumstances; providing an

27         effective date.

28

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

30

31

                                  1

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






    Florida Senate - 1998                                  SB 1988
    37-905-98




  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 are 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

                                  2

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






    Florida Senate - 1998                                  SB 1988
    37-905-98




  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. The fee is subject to all applicable taxes

  8  imposed by part I of chapter 212, Florida Statutes.

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

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

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

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

13  transferred by the Department of Revenue into the Mitigation

14  Trust Fund administered by the Miami-Dade County Department of

15  Environmental Resource Management. As used in this section,

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

17  received by the Department of Revenue under this section,

18  including interest and penalties on delinquent fees. The

19  amount deducted for administrative costs may not exceed 3

20  percent of the total revenues collected under this section and

21  may equal only those administrative costs reasonably

22  attributable to the fee.

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

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

25  accordance with the procedures used to administer, collect,

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

27  Florida Statutes. The provisions of chapter 212, Florida

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

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

30  and records, and the interest and penalties imposed on

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

                                  3

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






    Florida Senate - 1998                                  SB 1988
    37-905-98




  1  included in computing estimated taxes under section 212.11,

  2  Florida Statutes, and the dealer's credit for collecting taxes

  3  or fees provided for in section 212.12, Florida Statutes, does

  4  not apply to the fee imposed by this section.

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

  6  Revenue may employ persons and incur expenses for which funds

  7  are appropriated by the Legislature. The Department of Revenue

  8  shall adopt rules and prescribe and publish forms necessary to

  9  administer this section. The Department of Revenue shall

10  establish audit procedures and may assess delinquent fees.

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

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

13  percentage change in the average of the Consumer Price Index

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

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

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

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

18  the United States Department of Labor for the most recent

19  12-month period ending on September 30, compared to the

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

21  12-month period ending on September 30, 1999.

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

23  mitigation activities that are appropriate to offset the loss

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

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

26  in a manner consistent with the recommendations contained in

27  the reports submitted to the Legislature by the Dade County

28  Lake Belt Plan Implementation Committee and adopted under

29  section 373.4149, Florida Statutes. Such mitigation may

30  include the purchase, enhancement, restoration, and management

31  of wetlands and uplands and may also include structural

                                  4

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






    Florida Senate - 1998                                  SB 1988
    37-905-98




  1  modifications to the existing drainage system to enhance the

  2  hydrology of the Dade County Lake Belt Area. Funds may also be

  3  used to reimburse other funding sources, including the Save

  4  Our Rivers Land Acquisition Program and the Internal

  5  Improvement Trust Fund, for the purchase of lands that were

  6  acquired in areas appropriate for mitigation due to rock

  7  mining and to reimburse governmental agencies that exchanged

  8  land under section 373.4149, Florida Statutes, for mitigation

  9  due to rock mining.

10         (b)  Expenditures from the Mitigation Trust Fund must

11  be approved by an interagency committee that consists of

12  representatives from the Miami-Dade County Department of

13  Environmental Resource Management, the Department of

14  Environmental Protection, the South Florida Water Management

15  District, the Game and Fresh Water Fish Commission, and, at

16  the discretion of the committee, additional members who

17  represent federal regulatory, environmental, and fish and

18  wildlife agencies and representatives of the limestone

19  industry.

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

21  satisfies the mitigation requirements imposed under sections

22  373.403-373.439, Florida Statutes, and any applicable county

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

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

25  of the fee imposed by this section satisfy all federal

26  mitigation requirements.

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

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

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

30  inconsistent with the Dade County Lake Belt Plan, this

31  section, and sections 378.4115, 373.4149, and 373.4415,

                                  5

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






    Florida Senate - 1998                                  SB 1988
    37-905-98




  1  Florida Statutes, the fee imposed by this section is suspended

  2  until reenacted by the Legislature.

  3         Section 2.  This act shall take effect July 1, 1998.

  4

  5            *****************************************

  6                          SENATE SUMMARY

  7    Imposes a fee on the commercial extraction of limerock
      and sand from the Dade County Lake Belt Area of 4.41
  8    cents per ton. Requires that proceeds of the fee be
      deposited into the Mitigation Trust Fund administered by
  9    the Miami-Dade County Department of Environmental
      Resource Management and used to mitigate the impact of
10    mining activities in the Dade County Lake Belt Area.
      Requires that the Department of Revenue administer the
11    collection of the fee. Provides for an annual adjustment
      of the fee beginning July 1, 2000. Requires that
12    expenditures from the trust fund be approved by an
      interagency committee. Provides that payment of the fee
13    satisfies certain requirements for mitigation. Provides
      for imposition of the fee to be suspended if certain
14    inconsistent permits are issued. (See bill for details.)

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  6