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The Committee on Environmental Preservation and Conservation

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(Gaetz) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 23-140

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and insert:

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

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337.0261, Florida Statutes, are amended, present subsections (4)

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and (5) of that section are renumbered as subsections (5) and

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(6), respectively, and a new subsection (3) is added to that

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section, 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 where the

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geologic conditions have been evaluated and there is a high

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likelihood that limestone or sand is present that will meet the

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Department of Transportation's standards for construction

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materials. The aggregate resource counties are: Broward,

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Charlotte, Citrus, Collier, Dixie, Hernando, Lake, Lee, Levy,

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Miami-Dade, Palm Beach, Polk, Sumter, and Taylor. The list of

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aggregate resource counties may be amended by the Department of

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Transportation by rule upon additional evaluation of geologic

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conditions.

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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 land-use

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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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     (c) "Construction aggregate materials" means crushed stone,

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limestone, dolomite, limerock, shell rock, cemented coquina, sand

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for use as a component of mortars, concrete, bituminous mixtures,

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or underdrain filters, and other mined resources providing the

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basic material for concrete, asphalt, and road base.

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     (d) "Construction materials mining activities" has the same

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meaning as provided in s. 552.30(1) and includes, for the

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purposes of this section only, on-site resource processing

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facilities such as crushing, washing, and sorting.

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     (e) "Local government" and "local government decisionmaking

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body" refers to all agencies, boards, commissions, councils,

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panels, trusts, or other bodies of individuals associated with or

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established by local governmental entities which have final

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authority to consider and approve applications, regardless of

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whether such consideration constitutes an initial review of the

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application or part of an administrative appellate process

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afforded by the local governmental entity.

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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 available

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supply of construction aggregate materials within the state and

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that a disruption of the supply would cause a significant

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detriment to the state's construction industry, transportation

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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 essential

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industry and an essential service of critical importance to the

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state and is therefore in the 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 or sand resources exist

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in sufficient quantity and quality to meet the Department of

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Transportation's standards for construction materials.

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     (3) STRATEGIC AGGREGATE RESOURCE ASSESSMENT (SARA).--

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     (a) Contingent upon a specific appropriation, the

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Department of Transportation shall organize and provide the

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following administrative support in the preparation of the SARA:

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     1. Identification and mapping of construction aggregate

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materials:

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     a. To the extent that such identification and mapping has

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not already been undertaken, the Florida Geological Survey shall

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identify and map, on a regional basis, areas of the state where

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construction aggregate materials resources are located.

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Information may be submitted by willing land owners to the

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Florida Geological Survey for inclusion in the state data

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repository and shall be maintained in an electronic database

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under the control of the Florida Geological Survey and protected

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as trade secret information pursuant to s. 815.045.

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     b. Once the Florida Geological Survey has completed its

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regional mapping, the Department of Transportation shall

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identify, on a regional basis, and superimpose on the aggregate

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resource map created pursuant to this section, those construction

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aggregate resource areas with a high likelihood of satisfying the

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Department of Transportation's standards for road construction.

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The identification of such areas by the Department of

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Transportation shall be for planning purposes only and shall not

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constitute a formal determination by the department for any other

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reason.

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     c. The Department of Transportation shall make the

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aggregate resource map available to the public and shall maintain

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the map for inclusion in the state data registry.

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     2. Identification and Assessment of Infrastructure

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Capacity:

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     a. The SARA shall identify the current and potential

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sources of construction aggregate material that support the state

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by using current and planned rail, connecting roadways, and port

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infrastructure.

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     b. The SARA shall be updated every 5 years and be included

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as part of the Florida Transportation Plan.

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     (4)(3) LOCAL GOVERNMENT DECISIONMAKING.--

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     (a) A local government within an aggregate resource county

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is strongly encouraged to provide for and facilitate, through its

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mine siting and expansion approval processes, the efficient

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extraction of construction aggregate materials mining.

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     (b) At least 30 days before filing an application for

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construction aggregate materials mining site approval, the

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applicant shall meet with the local government to discuss and

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solicit comments on the proposed mine or mine expansion and the

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potential issues of local concern, including, but not limited to,

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infrastructure needs and impacts and the legal requirements of

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the mining site approval process. The meeting shall not take the

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place of any legally mandated public hearing on the proposed mine

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or mine expansion and shall be limited to the applicant, the

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local government, and their respective representatives which, in

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the case of the local government, would likely include, but need

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not be limited to, local government staff in the areas of

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planning, zoning, environmental, and public works

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     (c) 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 first providing reasonable advance

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notice to the Department of Transportation and considering any

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information provided by the Department of Transportation

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regarding the effect such change, amendment, permit decision,

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ordinance, or order would have on the availability,

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transportation, and potential extraction of construction

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aggregate materials on the local area, the region, and the state.

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The failure of the Department of Transportation to provide this

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information shall not be a basis for delay or invalidation of the

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local government action. A No local government may not impose a

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moratorium, or combination of moratoria, of more than 12 months'

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duration on the mining or extraction of construction aggregate

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materials, commencing on the date the vote was taken to impose

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

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

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1, 2007.

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     Section 2.  This act shall take effect July 1, 2008.

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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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     Delete line(s) 5-19

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and insert:

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aggregate materials; providing for a strategic aggregate

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resource assessment by the Department of Transportation;

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providing for local government decisionmaking authority

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relating to aggregate materials mining; providing an

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effective date.

4/17/2008  9:36:00 AM     592-07913-08