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The Committee on Transportation (Baker) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 222 and 223,

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insert:

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     Section 3.  Subsections (1), (2), and (3) of section

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337.0261, Florida Statutes, are amended to read:

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     337.0261  Construction aggregate materials.--

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     (1) DEFINITIONS.--As used in this section, the term:

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     (a) "Aggregate resource county" means a county within

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which sand and aggregate resources exist as enumerated in the

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Strategic Aggregates Review Task Force Final Report dated

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February 1, 2008.

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     (b) "Application for construction aggregate materials

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mining site approval" includes any application submitted to a

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local government within an aggregate resource county for

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approval in connection with construction materials mining

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activities, including, but not limited to, applications for

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conditional use permits, variances, special exceptions, unusual

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uses, rezonings, and any other changes in land use designation,

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without regard for the manner in which such application is

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processed.

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     (c) "Construction aggregate materials" means crushed

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stone, limestone, dolomite, limerock, shell rock, cemented

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coquina, sand for use as a component of mortars, concrete,

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bituminous mixtures, or underdrain filters, and other mined

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resources providing the basic material for concrete, asphalt,

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and road base.

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     (d) "Construction materials mining activities" has the

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same meaning as provided in s. 552.30(1).

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     (e) "Local government" and "local government

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decisionmaking body" refers to all agencies, boards,

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commissions, councils, panels, trusts, or other bodies of

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individuals associated with or established by local governmental

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entities which have final authority to consider and approve

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applications, regardless of whether such consideration

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constitutes an initial review of the application or part of an

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administrative appellate process afforded by the local

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governmental entity.

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     (f) "State approvals for construction materials mining

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activities" means, to the extent legally required, an

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environmental resource permit and industrial waste permit issued

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by the Department of Environmental Protection.

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     (2) LEGISLATIVE INTENT.--The Legislature finds that:

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     (a) There is a strategic and critical need for an

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available supply of construction aggregate materials within the

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state and that a disruption of the supply would cause a

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significant detriment to the state's construction industry,

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transportation system, and overall health, safety, and welfare.

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     (b) Construction aggregate materials are a finite natural

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resource.

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     (c) Construction aggregate materials mining is an industry

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of critical importance to the state and is therefore in the

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public interest.

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     (d) There is a need for a reliable, predictable, and

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sustainable supply of construction aggregate materials so that

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public and private construction is maintained without

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interruption.

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     (e) There are a limited number of aggregate resource

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counties within the state where aggregate and sand resources

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exist.

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     (3)  LOCAL GOVERNMENT DECISIONMAKING.--

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     (a) A No local government may not shall approve or deny a

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proposed land use zoning change, comprehensive plan amendment,

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land use permit, ordinance, or order regarding construction

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aggregate materials without considering any information provided

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by the Department of Transportation regarding the effect such

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change, amendment, permit decision, ordinance, or order would

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have on the availability, transportation, and potential

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extraction of construction aggregate materials on the local

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area, the region, and the state. The failure of the Department

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of Transportation to provide this information shall not be a

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basis for delay or invalidation of the local government action.

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A No local government may not impose a moratorium, or

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combination of moratoria, of more than 12 months' duration on

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the mining or extraction of construction aggregate materials,

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commencing on the date the vote was taken to impose the

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moratorium. January 1, 2007, shall serve as the commencement of

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the 12-month period for moratoria already in place as of July 1,

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2007.

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     (b) If an applicant has obtained state approvals for

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construction materials mining activities within an aggregate

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resource county, the local government decisionmaking body may

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deny the application for such activities only pursuant to a

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super majority vote consisting of a majority plus one of all

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members of the local government decisionmaking body. Subject to

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local quorum requirements, a local government decisionmaking

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body may approve an application for construction materials

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mining activities by a simple majority vote.

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     (c) If an application for construction aggregate materials

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mining site approval is not approved or denied after

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consideration of the application at two regularly scheduled

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meetings of the local government decisionmaking body or after 3

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months following the application's initial consideration by the

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local government decisionmaking body, whichever occurs first,

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the applicant may seek a final determination on the application

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by the Governor and Cabinet sitting as the Administration

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Commission. An applicant may invoke this review by filing a

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petition with the Administration Commission within 30 days after

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the date of the last local government hearing at which the

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application was considered or scheduled to be heard, whichever

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occurs latest.

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     (d) The Administration Commission shall review the

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application based solely upon the record of proceedings before

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the local government and shall decide by a simple majority vote

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whether there was competent, substantial evidence in the record

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to support approval of the application. It shall thereafter

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enter an order setting forth its decision and, by copy of its

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order, notify the clerk of the local government and the

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applicant.

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     (e) The applicable provisions of the Uniform Rules of

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Procedure promulgated in chapter 28, Florida Administrative

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Code, shall govern the proceedings before the Administration

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Commission.

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     (f) Judicial review of the commission's decision shall be

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pursuant to s. 120.68.

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     (g) This subsection does not limit, eliminate, or

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otherwise affect existing legal remedies to challenge or appeal

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a final decision of a local government decisionmaking body

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concerning an application for construction aggregate materials

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mining site approval.

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     Section 4.  Subsections (2) and (3) and paragraph (b) of

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subsection (4) of section 339.2816, Florida Statutes, are

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amended to read:

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     339.2816  Small County Road Assistance Program.--

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     (2)  For the purposes of this section, the term "small

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county" means any county that has a population of 75,000 or less

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according to the most recently available decennial 1990 federal

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census data.

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     (3) Beginning with fiscal year 1999-2000 until fiscal year

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2009-2010 up to $25 million annually from the State

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Transportation Trust Fund may be used for the purposes of

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funding the Small County Road Assistance Program as described in

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this section.

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     (4)

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     (b)  In determining a county's eligibility for assistance

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under this program, the department may consider whether the

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county has attempted to keep county roads in satisfactory

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condition, including the amount of local option fuel tax and ad

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valorem millage rate imposed by the county. The department may

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also consider the extent to which the county has offered to

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provide a match of local funds with state funds provided under

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the program. At a minimum, small counties shall be eligible only

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if:

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     1. the county has enacted the maximum rate of the local

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option fuel tax authorized by s. 336.025(1)(a), and has imposed

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an ad valorem millage rate of at least 8 mills; or

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     2. The county has imposed an ad valorem millage rate of 10

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mills.

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     Section 5.  Paragraph (c) of subsection (4) of section

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348.0003, Florida Statutes, is amended to read:

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     348.0003  Expressway authority; formation; membership.--

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     (4)

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     (c) Notwithstanding any other provision of the Florida

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Expressway Authority Act, members of each expressway an

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authority shall be required to comply with the applicable

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financial disclosure requirements of s. 8, Art. II of the State

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Constitution. This paragraph does not subject a statutorily

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created expressway authority, other than the one created under

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this part, to any of the requirements of this part other than

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those contained ins this subsection.

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

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And the title is amended as follows:

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     On line(s) 24, after the first semicolon,

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insert:

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amending s. 337.0261, F.S.; providing definitions;

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providing legislative findings with respect to the need

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for construction aggregate materials; requiring a super

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majority vote by the local government decisionmaking body

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in order to deny approval of a construction aggregate

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materials mining site; providing for a final determination

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to be made by the Governor and Cabinet sitting as the

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Administration Commission if the local government does not

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approve or deny an application for construction aggregate

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materials mining activities after two meetings or 3

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months; requiring that the Administration Commission

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determine whether the evidence supports approval; applying

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provisions of the Uniform Rules of Procedure to the

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proceedings; providing that the act does not limit

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challenges to or appeals of construction aggregate

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materials mining site approvals; amending s. 339.2816,

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F.S.; updating eligibility requirements for the Small

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County Resurfacing Assistance Program; removing the

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termination date for program funding; removing

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consideration of a county's ad valorem millage rate as a

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requirement for program eligibility; amending s. 348.0003,

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F.S.; conforming the financial disclosure requirements for

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members of expressway authorities, transportation

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authorities, bridge authorities, and toll authorities;

3/17/2008  9:00:00 AM     596-05034-08