CODING: Words stricken are deletions; words underlined are additions.
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Senator Bronson moved the following amendment:
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Bronson moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 373.4137, Florida Statutes, is
18 amended to read:
19 373.4137 Mitigation requirements.--
20 (1) The Legislature finds that environmental
21 mitigation for the impact of transportation projects proposed
22 by the Department of Transportation can be more effectively
23 achieved by regional, long-range mitigation planning rather
24 than on a project-by-project basis. It is the intent of the
25 Legislature that mitigation to offset the adverse effects of
26 these transportation projects be funded by the Department of
27 Transportation and be carried out by the Department of
28 Environmental Protection and the water management districts,
29 including the use of mitigation banks established pursuant to
30 this part.
31 (2) Environmental impact inventories for
1
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 transportation projects proposed by the Department of
2 Transportation shall be developed as follows:
3 (a) Each June 1 Beginning July 1996, the Department of
4 Transportation shall submit annually to the Department of
5 Environmental Protection and the water management districts a
6 copy of its adopted work program and an inventory of habitats
7 addressed in the rules adopted pursuant to this part and s.
8 404 of the Clean Water Act, 33 U.S.C. s. 1344, which may be
9 impacted by its plan of construction for transportation
10 projects in the next first 3 years of the adopted work
11 program. The Department of Transportation may also include in
12 its inventory the habitat impacts of any future transportation
13 project identified in the adopted work program. For the July
14 1996 submittal, The inventory may exclude those projects which
15 have received permits pursuant to this part and s. 404 of the
16 Clean Water Act, 33 U.S.C. s. 1344, projects for which
17 mitigation planning or design has commenced, or projects for
18 which mitigation has been implemented in anticipation of
19 future permitting needs.
20 (b) The environmental impact inventory shall include a
21 description of these habitat impacts, including their
22 location, acreage, and type; state water quality
23 classification of impacted wetlands and other surface waters;
24 any other state or regional designations for these habitats;
25 and a survey of threatened species, endangered species, and
26 species of special concern affected by the proposed project.
27 (3) To fund the mitigation plan for the projected
28 impacts identified in the inventory described in subsection
29 (2), beginning July 1, 1997, the Department of Transportation
30 shall identify funds quarterly in an escrow account within the
31 State Transportation Trust Fund established by the Department
2
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 of Transportation for the benefit of the Department of
2 Environmental Protection. Any interest earnings from the
3 escrow account shall be returned to the Department of
4 Transportation. The Department of Environmental Protection
5 shall request a transfer of funds from the escrow account to
6 the Ecosystem Management and Restoration Trust Fund no sooner
7 than 30 days prior to the date the funds are needed to pay for
8 activities contained in the mitigation programs. The amount
9 transferred each year by the Department of Transportation
10 shall correspond to a cost per acre of $75,000 multiplied by
11 the projected acres of impact identified in the inventory
12 described in subsection (2) within the water management
13 district for that year. The water management district may
14 draw from the trust fund no sooner than 30 days prior to the
15 date funds are needed to pay for activities associated with
16 development or implementation of the mitigation plan described
17 in subsection (4). Activities associated with the development
18 of the mitigation plan include, but are not limited to,
19 design, engineering, production, and staff support. Each July
20 1, beginning in 1998, the cost per acre shall be adjusted by
21 the percentage change in the average of the Consumer Price
22 Index issued by the United States Department of Labor for the
23 most recent 12-month period ending September 30, compared to
24 the base year average, which is the average for the 12-month
25 period ending September 30, 1996. At the end of each year,
26 the projected acreage of impact shall be reconciled with the
27 acreage of impact of projects as permitted pursuant to this
28 part and s. 404 of the Clean Water Act, 33 U.S.C. s. 1344, and
29 the following year's transfer of funds shall be adjusted
30 accordingly to reflect the overtransfer or undertransfer of
31 funds from the preceding year. The Department of Environmental
3
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 Protection is authorized to transfer such funds from the
2 Ecosystem Management and Restoration Trust Fund to the water
3 management districts to carry out the mitigation programs.
4 (4) Prior to December 1 of each year 31, 1996, each
5 water management district, in consultation with the Department
6 of Environmental Protection, the United States Army Corps of
7 Engineers, and other appropriate federal, state, and local
8 governments, and entities operating mitigation banks which
9 have obtained a permit pursuant to s. 373.4136, shall develop
10 a plan for the primary purpose of complying with the
11 mitigation requirements adopted pursuant to this part and 33
12 U.S.C. s. 1344. This plan shall also address significant
13 aquatic and exotic plant problems within wetlands and other
14 surface waters. In developing such plans, the districts shall
15 utilize sound ecosystem management practices to address
16 significant water resource needs and shall focus on activities
17 of the department and the water management districts, such as
18 surface water improvement and management projects and lands
19 identified for potential acquisition or restoration, to the
20 extent such activities comply with the mitigation requirements
21 adopted under this part and 33 U.S.C. s. 1344. In determining
22 the activities to be included in such plans, the districts
23 shall also consider the purchase of credits from public or
24 private mitigation banks permitted under this part and shall
25 include such purchase as a part of the mitigation plan when
26 such purchase would offset the impact of the transportation
27 project, provide equal benefits to the water resources than
28 other mitigation options being considered, and provide the
29 most cost-effective mitigation option. The mitigation plan
30 shall be preliminarily approved by the water management
31 district governing board and shall be submitted to the
4
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 secretary of the Department of Environmental Protection for
2 review and final approval. The preliminary approval by the
3 water management district governing board does not constitute
4 a decision that affects substantial interests as provided by
5 s. 120.569. At least 30 days prior to preliminary approval,
6 the water management district shall provide a copy of the
7 draft mitigation plan to any person who has requested a copy.
8 (a) Each mitigation plan shall include a brief
9 explanation of why a mitigation bank was or was not chosen as
10 a mitigation option for each transportation project addressed
11 in the plan, including an estimation and description of
12 identifiable costs of the mitigation bank and nonmitigation
13 bank option to the extent practicable.
14 (b)(a) If the Department of Environmental Protection
15 and water management districts are unable to identify
16 mitigation that would offset the impacts of a project included
17 in the inventory, either due to the nature of the impact or
18 the amount of funds available, that project shall not be
19 addressed in the mitigation plan and the project shall not be
20 subject to the provisions of this section.
21 (c)(b) Specific projects may be excluded from the
22 environmental impact inventory and the mitigation plan and
23 shall not be subject to this section upon the agreement of the
24 Department of Transportation, the Department of Environmental
25 Protection, and the appropriate water management district that
26 the inclusion of such projects would hamper the efficiency or
27 timeliness of the mitigation planning and permitting process.
28 (d)(c) Those transportation projects that are proposed
29 to commence in fiscal year 1996-1997 shall not be addressed in
30 the mitigation plan, and the provisions of subsection (7)
31 shall not apply to these projects. The Department of
5
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 Transportation may enter into interagency agreements with the
2 Department of Environmental Protection or any water management
3 district to perform mitigation planning and implementation for
4 these projects.
5 (e) Surface water improvement and management or
6 aquatic or exotic plant control projects undertaken using the
7 $12 million advance transferred from the Department of
8 Transportation to the Department of Environmental Protection
9 in fiscal year 1996-1997 shall remain available for mitigation
10 until the $12 million is fully credited up to and including
11 fiscal year 2004-2005. When these projects are used as
12 mitigation, the $12 million advance shall be reduced by
13 $75,000 per acre of impact mitigated. For any fiscal year
14 through and including fiscal year 2004-2005, to the extent the
15 cost of developing and implementing the mitigation plans is
16 less than the amount transferred from the Department of
17 Transportation to the Department of Environmental Protection
18 pursuant to subsection (3), the difference shall be credited
19 towards the $12 million advance.
20 (d) On July 1, 1996, the Department of Transportation
21 shall transfer to the Department of Environmental Protection
22 $12 million from the State Transportation Trust Fund for the
23 purposes of the surface water improvement management program
24 and to address statewide aquatic and exotic plant problems
25 within wetlands and other surface waters. Such funds shall be
26 considered an advance upon funds that the Department of
27 Transportation would provide for statewide mitigation during
28 the 1997-1998, 1998-1999, and 1999-2000 fiscal years. This
29 use of mitigation funds for surface water improvement
30 management projects or aquatic and exotic plant control may be
31 utilized as mitigation for transportation projects to the
6
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 extent that it complies with the mitigation requirements
2 adopted pursuant to this part and 33 U.S.C. s. 1344. To the
3 extent that such activities result in mitigation credit for
4 projects permitted in fiscal year 1996-1997, all or part of
5 the $12 million funding for surface water improvement
6 management projects or aquatic and exotic plant control in
7 fiscal year 1996-1997 shall be drawn from Department of
8 Transportation mitigation funding for fiscal year 1996-1997
9 rather than from mitigation funding for fiscal years
10 1997-1998, 1998-1999, and 1999-2000, in an amount equal to the
11 cost per acre of impact described in subsection (3), times the
12 acreage of impact that is mitigated by such plant control
13 activities. Any part of the $12 million that does not result
14 in mitigation credit for projects permitted in fiscal year
15 1996-1997 shall remain available for mitigation credit during
16 fiscal years 1997-1998, 1998-1999, or 1999-2000.
17 (5) The water management district shall be responsible
18 for ensuring that mitigation requirements pursuant to 33
19 U.S.C. s. 1344 are met for the impacts identified in the
20 inventory described in subsection (2), by implementation of
21 the approved plan described in subsection (4) to the extent
22 funding is provided as funded by the Department of
23 Transportation. During the federal permitting process, the
24 water management district may deviate from the approved
25 mitigation plan in order to comply with federal permitting
26 requirements.
27 (6) The mitigation plan shall be updated annually to
28 reflect the most current Department of Transportation work
29 program, and may be amended throughout the year to anticipate
30 schedule changes or additional projects which may arise. Each
31 update and amendment of the mitigation plan shall be submitted
7
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 to the secretary of the Department of Environmental Protection
2 for approval as described in subsection (4). However, such
3 approval shall not be applicable to a deviation as described
4 in subsection (5).
5 (7) Upon approval by the secretary of the Department
6 of Environmental Protection, the mitigation plan shall be
7 deemed to satisfy the mitigation requirements under this part
8 and any other mitigation requirements imposed by local,
9 regional, and state agencies for impacts identified in the
10 inventory described in subsection (2). The approval of the
11 secretary shall authorize the activities proposed in the
12 mitigation plan, and no other state, regional, or local permit
13 or approval shall be necessary.
14 (8) This section shall not be construed to eliminate
15 the need for the Department of Transportation to comply with
16 the requirement to implement practicable design modifications,
17 including realignment of transportation projects, to reduce or
18 eliminate the impacts of its transportation projects on
19 wetlands and other surface waters as required by rules adopted
20 pursuant to this part, or to diminish the authority under this
21 part to regulate other impacts, including water quantity or
22 water quality impacts, or impacts regulated under this part
23 that are not identified in the inventory described in
24 subsection (2).
25 (9) The recommended mitigation plan shall be annually
26 submitted to the Executive Office of the Governor and the
27 Legislature through the legislative budget request of the
28 Department of Environmental Protection in accordance with
29 chapter 216. Any funds not directed to implement the
30 mitigation plan should, to the greatest extent possible, be
31 directed to fund aquatic and exotic plant problems within the
8
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 wetlands and other surface waters.
2 (10) By December 1, 1997, the Department of
3 Environmental Protection, in consultation with the water
4 management districts, shall submit a report to the Governor,
5 the President of the Senate, and the Speaker of the House of
6 Representatives describing the implementation of this section,
7 including the use of public and private mitigation banks and
8 other types of mitigation approved in the mitigation plan.
9 The report shall also recommend any amendments to this section
10 necessary to improve the process for developing and
11 implementing mitigation plans for the Department of
12 Transportation. The report shall also include a specific
13 section on how private and public mitigation banks are
14 utilized within the mitigation plans.
15 Section 2. Paragraph (b) of subsection (2) of section
16 338.223, Florida Statutes, is amended to read:
17 338.223 Proposed turnpike projects.--
18 (2)
19 (b) In accordance with the legislative intent
20 expressed in s. 337.273, and after the requirements of
21 paragraph (1)(c) have been met, the department may acquire
22 lands and property before making a final determination of the
23 economic feasibility of a project. The requirements of
24 paragraph (1)(c) shall not apply to hardship and protective
25 purchases of advance right-of-way by the department. The cost
26 of advance acquisition of right-of-way may be paid from bonds
27 issued under s. 337.276 or from turnpike revenues. For
28 purposes of this paragraph, the term "hardship purchase" means
29 purchase from a property owner of a residential dwelling of
30 not more than four units who is at a disadvantage due to
31 health impairment, job loss, or significant loss of rental
9
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 income. For purposes of this paragraph, the term "protective
2 purchase" means a purchase to limit development, building, or
3 other intensification of land uses within the area
4 right-of-way needed for transportation facilities. The
5 department shall give written notice to the Department of
6 Environmental Protection 30 days prior to final agency
7 acceptance as set forth in s. 119.07(3)(n), which notice shall
8 allow the Department of Environmental Protection to comment.
9 Hardship and protective purchases of right-of-way shall not
10 influence the environmental feasibility of the project,
11 including the decision relative to the need to construct the
12 project or the selection of a specific location. Costs to
13 acquire and dispose of property acquired as hardship and
14 protective purchases are considered costs of doing business
15 for the department and shall not be considered in the
16 determination of environmental feasibility for the project.
17 Section 3. Section 86 of chapter 93-213, Laws of
18 Florida, is amended to read:
19 Section 86. The Department of Environmental Regulation
20 is authorized 54 career service positions for administering
21 the state NPDES program. Twenty-five career service positions
22 are authorized for startup of the program beginning July 1,
23 1993, and the remaining 29 career service positions beginning
24 January 1, 1994. The state NPDES program staffing shall start
25 July 1, 1993, with completion targeted for 6 months following
26 United States Environmental Protection Agency authorization to
27 administer the National Pollutant Discharge Elimination System
28 program. Implementation of positions is subject to review and
29 final approval by the secretary of the Department of
30 Environmental Regulation. The sum of $3.2 million is hereby
31 appropriated from the Pollution Recovery Trust Fund to cover
10
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 program startup costs. Such funds are to be repaid from a
2 fund the Legislature deems appropriate, no later than July 1,
3 2000.
4 Section 4. Section 373.4139, Florida Statutes, is
5 created to read:
6 373.4139 Dade County Lake Belt Mitigation Plan;
7 mitigation for mining activities within the Dade County Lake
8 Belt.--
9 (1) The Legislature finds that the impact of mining
10 within the Dade County Lake Belt Area can best be offset by a
11 mitigation plan that is designated the "Lake Belt Mitigation
12 Plan." The per-ton mitigation fee assessed on limestone sold
13 from the Dade County Lake Belt Area shall be used for
14 acquiring environmentally sensitive lands and for restoration,
15 maintenance, and other environmental purposes. Further, the
16 Legislature finds that the public benefit of a sustainable
17 supply of limestone construction materials for public and
18 private projects requires a coordinated approach to permitting
19 activities on wetlands within the Dade County Lake Belt in
20 order to provide the certainty necessary to encourage
21 substantial and continued investment in the limestone
22 processing plant and equipment required to efficiently extract
23 the limestone resource. It is the intent of the Legislature
24 that the Lake Belt Mitigation Plan satisfy all local, state,
25 and federal requirements for mining activity within the Dade
26 County Lake Belt Area.
27 (2) To provide for the mitigation of wetland resources
28 lost to mining activities within the Dade County Lake Belt
29 Area, effective October 1, 1998, a mitigation fee is imposed
30 on each ton of limerock and sand extracted by any person who
31 engages in the business of extracting limerock or sand from
11
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 within the Dade County Lake Belt Area. The mitigation fee is
2 at the rate of 5 cents for each ton of limerock and sand sold
3 from within the Dade County Lake Belt Area in raw, processed,
4 or manufactured form, including, but not limited to, sized
5 aggregate, asphalt, cement, concrete, and other limerock and
6 concrete products. Any limerock or sand that is used within
7 the mine from which the limerock or sand is extracted is
8 exempt from the fee. The amount of the mitigation fee imposed
9 under this section must be stated separately on the invoice
10 provided to the purchaser of the limerock product from the
11 limerock miner, or its subsidiary or affiliate, for which the
12 mitigation fee applies. The limerock miner, or its subsidiary
13 or affiliate, who sells the limerock product shall collect the
14 mitigation fee and forward the proceeds of the fee to the
15 Department of Revenue on or before the 20th day of the month
16 following the calendar month in which the sale occurs.
17 (3) The mitigation fee imposed by this section must be
18 reported to the Department of Revenue. Payment of the
19 mitigation fee must be accompanied by a form prescribed by the
20 Department of Revenue. The proceeds of the fee, less
21 administrative costs, must be transferred by the Department of
22 Revenue to the South Florida Water Management District and
23 deposited into the Lake Belt Mitigation Trust Fund. As used in
24 this section, the term "proceeds of the fee" means all funds
25 collected and received by the Department of Revenue under this
26 section, including interest and penalties on delinquent
27 mitigation fees. The amount deducted for administrative costs
28 may not exceed 3 percent of the total revenues collected under
29 this section and may equal only those administrative costs
30 reasonably attributable to the mitigation fee.
31 (4)(a) The Department of Revenue shall administer,
12
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 collect, and enforce the mitigation fee authorized under this
2 section in accordance with the procedures used to administer,
3 collect, and enforce the general sales tax imposed under
4 chapter 212. The provisions of chapter 212, with respect to
5 the authority of the Department of Revenue to audit and make
6 assessments, the keeping of books and records, and the
7 interest and penalties imposed on delinquent fees apply to
8 this section. The fee may not be included in computing
9 estimated taxes under s. 212.11, and the dealer's credit for
10 collecting taxes or fees provided for in s. 212.12, does not
11 apply to the mitigation fee imposed by this section.
12 (b) In administering this section, the Department of
13 Revenue may employ persons and incur expenses for which funds
14 are appropriated by the Legislature. The Department of Revenue
15 shall adopt rules and prescribe and publish forms necessary to
16 administer this section. The Department of Revenue shall
17 establish audit procedures and may assess delinquent fees.
18 (5) Beginning January 1, 2000, and each January 1
19 thereafter, the per-ton mitigation fee shall be increased by
20 1.9 percentage points, plus a cost growth index. The cost
21 growth index shall be the percentage change in the weighted
22 average of the Employment Cost Index for All Civilian Workers
23 (ecu 10001I), issued by the United States Department of Labor
24 for the most recent 12-month period ending on September 30,
25 and the percentage change in the Producer Price Index for All
26 Commodities (WPU 00000000), issued by the United States
27 Department of Labor for the most recent 12-month period ending
28 on September 30, compared to the weighted average of these
29 indices for the previous year. The weighted average shall be
30 calculated as 0.6 times the percentage change in the
31 Employment Cost Index for All Civilian Workers (ecu 10001I),
13
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 plus 0.4 times the percentage change in the Producer Price
2 Index for All Commodities (WPU 00000000). If either index is
3 discontinued, it shall be replaced by its successor index, as
4 identified by the United States Department of Labor.
5 (6)(a) The proceeds of the mitigation fee must be used
6 to conduct mitigation activities that are appropriate to
7 offset the loss of the value and functions of wetlands as a
8 result of mining activities in the Dade County Lake Belt Area
9 and must be used in a manner consistent with the
10 recommendations contained in the reports submitted to the
11 Legislature by the Dade County Lake Belt Plan Implementation
12 Committee and adopted under s. 373.4149. Such mitigation may
13 include the purchase, enhancement, restoration, and management
14 of wetlands and uplands, the purchase of mitigation credit
15 from a permitted mitigation bank, and any structural
16 modifications to the existing drainage system to enhance the
17 hydrology of the Dade County Lake Belt Area. Funds may also be
18 used to reimburse other funding sources, including the Save
19 Our Rivers Land Acquisition Program and the Internal
20 Improvement Trust Fund, for the purchase of lands that were
21 acquired in areas appropriate for mitigation due to rock
22 mining and to reimburse governmental agencies that exchanged
23 land under s. 373.4149, for mitigation due to rock mining.
24 (b) Expenditures must be approved by an interagency
25 committee that consists of representatives from each of the
26 following: the Miami-Dade County Department of Environmental
27 Resource Management, the Department of Environmental
28 Protection, the South Florida Water Management District, and
29 the Game and Fresh Water Fish Commission. In addition, the
30 limerock mining industry shall select a representative to
31 serve as a nonvoting member of the interagency committee. At
14
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SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 the discretion of the committee, additional members may be
2 added to represent federal regulatory, environmental, and fish
3 and wildlife agencies.
4 (7) Payment of the fee imposed by this section
5 satisfies the mitigation requirements imposed under sections
6 373.403-373.439, Florida Statutes, and any applicable county
7 ordinance for loss of the value and functions of the wetlands
8 mined. In addition, it is the intent of the Legislature that
9 the payment of the mitigation fee imposed by this section
10 satisfy all federal mitigation requirements for the wetlands
11 mined.
12 (8) If a general permit by the United States Army
13 Corps of Engineers, or an appropriate long-term permit for
14 mining, consistent with the Dade County Lake Belt Plan, this
15 section, and s. 378.4115, 373.4149, and 373.4415, is not
16 issued on or before September 30, 2000, the fee imposed by
17 this section is suspended until reenacted by the Legislature.
18 (9)(a) The interagency committee established in this
19 section shall annually prepare and submit to the governing
20 board of the South Florida Water Management District a report
21 evaluating the mitigation costs and revenues generated by the
22 mitigation fee.
23 (b) No sooner than January 31, 2010, and no more
24 frequently than every 10 years thereafter, the interagency
25 committee shall submit to the Legislature a report
26 recommending any needed adjustments to the mitigation fee to
27 ensure that the revenue generated reflects the actual costs of
28 the mitigation.
29 Section 5. Subsections (5), (6), (10), (11), and (12)
30 of section 373.4149, Florida Statutes, are amended to read:
31 373.4149 Dade County Lake Belt Plan.--
15
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 (5) The committee shall develop Phase II of the Lake
2 Belt 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 and.
14 (g) Analyze the hydrological impacts resulting from
15 the future mining included in the Lake Belt Plan and recommend
16 appropriate mitigation measures, if needed, to be incorporated
17 into the Lake Belt Mitigation Plan.
18 (6) The committee shall remain in effect until January
19 1, 2002 2001, and shall meet as deemed necessary by the chair.
20 The committee shall monitor and direct progress toward
21 developing and implementing the plan. The committee shall
22 submit progress reports to the governing board of the South
23 Florida Water Management District and the Legislature by
24 December 31 of each year. These reports shall include a
25 summary of the activities of the committee, updates on all
26 ongoing studies, any other relevant information gathered
27 during the calendar year, and the committee recommendations
28 for legislative and regulatory revisions. The committee shall
29 submit a Phase II report and plan to the governing board of
30 the South Florida Water Management District and the
31 Legislature by December 31, 2000, to supplement the Phase I
16
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 report submitted on February 28, 1997. The Phase II report
2 must include the detailed master plan for the Dade County Lake
3 Belt Area together with the final reports on all studies, the
4 final recommendations of the committee, the status of
5 implementation of Phase I recommendations and other relevant
6 information, and the committee's recommendation for
7 legislative and regulatory revisions.
8 (10) The Department of Environmental Protection, in
9 conjunction with the South Florida Water Management District
10 and the Dade County Department of Environmental Resources
11 Management, is directed to develop a comprehensive mitigation
12 plan for the Dade County Lake Belt Plan, subject to approval
13 by the Legislature, which offsets the loss of wetland
14 functions and values resulting from rock mining in
15 mining-supported and allowable areas.
16 (10)(11) The secretary of the Department of
17 Environmental Protection, the secretary of the Department of
18 Community Affairs, the secretary of the Department of
19 Transportation, the Commissioner of Agriculture, the executive
20 director of the Game and Freshwater Fish Commission, and the
21 executive director of the South Florida Water Management
22 District may enter into agreements with landowners,
23 developers, businesses, industries, individuals, and
24 governmental agencies as necessary to effectuate the
25 provisions of this section.
26 (11)(12)(a) All agencies of the state shall review the
27 status of their landholdings within the boundaries of the Dade
28 County Lake Belt. Those lands for which no present or future
29 use is identified must be made available, together with other
30 suitable lands, to the committee for its use in carrying out
31 the objectives of this act.
17
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 (b) It is the intent of the Legislature that lands
2 provided to the committee be used for land exchanges to
3 further the objectives of this act.
4 Section 6. Section 36, Township 53 South, Range 39
5 East, is excluded from the geographical area described as the
6 Dade County Lake Belt Area and delineated in 373.4149(3),
7 Florida Statutes. Land uses in this excluded area shall be
8 compatible with the Dade County Lake Belt Plan.
9 Section 7. Subsection (8) is added to section 373.421,
10 Florida Statutes, to read:
11 373.421 Delineation methods; formal determinations.--
12 (8) Whenever the location of a wetland delineation,
13 approved or performed by the department or the district, is
14 certified pursuant to chapter 471 or chapter 472, the
15 delineation shall be accepted as a formal determination
16 pursuant to section 373.421(2) or shall be accepted or as part
17 of a permit issued pursuant to this part.
18 Section 8. Subsections (8) and (9) are added to
19 section 373.139, Florida Statutes, to read:
20 (8) The Legislature declares that the Kissimmee River,
21 Florida Project as identified in the Project Cooperation
22 Agreement between the Department of the Army and the South
23 Florida Water Management District, dated March 22, 1994, and
24 the C-111 Project as identified in the Central and Southern
25 Florida Flood Control Project Real Estate Design Memorandum
26 Canal 111, South Dade County, Florida are in the public
27 interest, for a public purpose and are necessary for the
28 public health and welfare. Through July 1, 2000, the governing
29 board of the district is empowered and authorized to acquire
30 fee title or easement by eminent domain for the limited
31 purpose of implementing the Kissimmee River, Florida Project
18
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 and the C-111 Project, more fully described above, and the
2 acquisition of real property, including by eminent domain, for
3 these objectives constitutes a public purpose for which it is
4 in the public interest to expend public funds.
5 (9) Through July 1, 2000, the South Florida Water
6 Management District may disburse state or district funds to
7 any agency or department of the Federal Government in any
8 agreement or arrangement to take property or any interest
9 therein by eminent domain, pursuant to federal law, unless
10 such arrangement diminishes or deprives a person or entity of
11 any right, privilege, or compensation that they would
12 otherwise have if the property or interest was taken by
13 eminent domain under Florida law. This subsection shall not
14 apply to federal grant funds received by the state or
15 district.
16 Section 9. Subsection (1) of section 337.19, Florida
17 Statutes, is amended to read:
18 337.19 Suits by and against department; limitation of
19 actions; forum.--
20 (1) Suits at law and in equity may be brought and
21 maintained by and against the department on any contract claim
22 arising from the breach of an express provision or an implied
23 covenant of a written agreement or a written directive issued
24 by the department pursuant to the written agreement. In any
25 such suit, the department and the contractor shall have all of
26 the same rights, obligations, remedies, and defenses as a
27 private person under a like contract, except that no liability
28 may be based on an oral modification of the written contract
29 or written directive. However, this section shall not be
30 construed to in any way prohibit the department from limiting
31 its liability or damages through provisions in its contracts.
19
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 Notwithstanding anything to the contrary contained herein, no
2 employee or agent of the department may be held personally
3 liable to an extent greater than that provided under s. 768.28
4 under contract for work done; provided, that no suit sounding
5 in tort shall be maintained against the department.
6 Section 10. If any provision of this act or the
7 application thereof to any person or circumstance is held
8 invalid, the invalidity shall not affect other provisions or
9 applications of the act which can be given effect without the
10 invalid provision or application, and to this end the
11 provisions of this act are declared severable.
12 Section 11. This act shall take effect upon becoming a
13 law.
14
15
16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 Delete everything before the enacting clause
19
20 and insert:
21 A bill to be entitled
22 An act relating to environmental protection;
23 amending s. 373.4137, F.S.; requiring ongoing
24 annual submissions, to the Department of
25 Environmental Protection and water management
26 districts, by the Department of Transportation
27 of its adopted work program and inventory of
28 impacted habitats; authorizing inclusion of
29 habitat impacts of future transportation
30 projects; providing activities associated with
31 development of mitigation plans; requiring
20
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 water management districts to consult with
2 entities operating mitigation banks when
3 developing mitigation plans; providing that a
4 water management district's preliminary
5 approval of a mitigation plan does not
6 constitute a decision affecting substantial
7 interests; requiring mitigation plans to
8 include certain information; authorizing
9 exclusion of certain projects from the
10 environmental impact inventory; extending
11 certain mitigation funding through fiscal year
12 2004-2005; authorizing amendment of annual
13 mitigation plans for certain purposes;
14 providing for uses of funds not directed to
15 implement mitigation plans; deleting obsolete
16 provisions relating to a report; amending s.
17 338.223, F.S.; requiring environmental
18 feasibility review prior to advance
19 right-of-way purchases for a proposed turnpike
20 project; providing exceptions for hardship and
21 protective purchases; amending s. 86 of ch.
22 93-213, Laws of Florida; deleting a scheduled
23 repayment of funds previously appropriated for
24 startup costs of the National Pollutant
25 Discharge Elimination System program; creating
26 s. 373.4139, F.S.; providing legislative
27 findings and intent with respect to a
28 mitigation plan for the Dade County Lake Belt
29 Area to offset the impact of mining activities;
30 imposing a fee on the commercial extraction of
31 limerock and sand from the Dade County Lake
21
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 Belt Area; requiring the proceeds of the
2 mitigation fee to be paid to the Department of
3 Revenue; providing for transfer of proceeds of
4 the mitigation fee to the South Florida Water
5 Management District and deposited into the Lake
6 Belt Mitigation Trust Fund; providing for the
7 Department of Revenue to administer the
8 collection of the fee; authorizing the
9 department to adopt rules; providing for an
10 annual adjustment of the fee rate after a
11 specified date; specifying purposes for which
12 the proceeds of the mitigation fee may be used;
13 requiring that expenditures be approved by an
14 interagency committee; providing for membership
15 of the committee; providing that payment of the
16 fee satisfies certain requirements for
17 mitigation; providing for suspension of
18 imposition of the fee under certain
19 circumstances; requiring the interagency
20 committee to submit certain reports; amending
21 s. 373.4149, F.S.; providing additional
22 requirements for the Dade County Lake Belt
23 Plan; extending the term of the Dade County
24 Lake Belt Plan Implementation Committee;
25 deleting a requirement that the Department of
26 Environmental Protection develop a mitigation
27 plan to offset loss of wetlands due to rock
28 mining; excluding certain property from the
29 Dade County Lake Belt Area; amending s.
30 373.421, F.S.; providing that certain
31 delineations of wetlands shall be accepted as
22
8:15 AM 04/30/98 h4071c1c-18j01
SENATE AMENDMENT
Bill No. CS/HB 4071, 2nd Eng.
Amendment No.
1 formal determinations or as part of a permit
2 issued under Part IV of ch. 373, F.S.;
3 providing for the adoption of rules; amending
4 s. 373.139, F.S.; allowing the disbursement of
5 certain district funds or assets in eminent
6 domain proceedings under certain circumstances
7 for a specified period; providing standing to
8 sue for certain persons; providing a
9 declaration that the Kissimmee River Project is
10 in the public interest and for a public
11 purpose; authorizing certain eminent domain
12 proceedings; amending s. 337.19, F.S.;
13 authorizing suits to be brought against the
14 department for the breach of an expressed
15 provision or an implied covenant; providing
16 that liability may not be based on an oral
17 modification of a written contract; providing
18 severability; providing an effective date.
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