HB 617

1	A bill to be entitled
2	An act relating to limestone mining; amending s. 373.414,
3	F.S.; eliminating criteria for determining the ratio of
4	mitigation-to-wetlands loss relating to limestone and sand
5	mining; providing that financial responsibility for
6	mitigation for wetlands and other surface waters required
7	by a permit for activities associated with the extraction
8	of limestone are subject to approval by the department as
9	part of permit application review; conforming terminology;
10	amending s. 378.901, F.S.; authorizing mine operators
11	proposing to mine or extract limestone to apply for a
12	life-of-the-mine permit; providing an exception for life-
13	of-the-mine permit application review requirements;
14	amending ss. 316.520, 337.0261, 373.4149, 373.41492,
15	373.4415, 377.244, 378.403, and 378.4115, F.S.; conforming
16	terminology; providing for retroactive applicability;
17	providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Paragraph (d) of subsection (6), subsection
22	(16), and paragraph (a) of subsection (19) of section 373.414,
23	Florida Statutes, are amended to read:
24	373.414  Additional criteria for activities in surface
25	waters and wetlands.-
26	(6)
27	(d)  Onsite reclamation of the mine pit for limestone
28	limerock and sand mining shall be conducted in accordance with
29	the requirements of chapter 378.
30	1.  Mitigation activities for limestone limerock and sand
31	mining must offset the regulated activities' adverse impacts on
32	surface waters and wetlands. Mitigation activities shall be
33	located on site, unless onsite mitigation activities are not
34	feasible, in which case, offsite mitigation as close to the
35	activities as possible shall be required. However, mitigation
36	banking may be an acceptable form of mitigation, whether on or
37	off site, as judged on a case-by-case basis.
38	2.  The ratio of mitigation-to-wetlands loss shall be
39	determined on a case-by-case basis and shall be based on the
40	quality of the wetland to be impacted and the type of mitigation
41	proposed.
42	(16)  Until October 1, 2000, regulation under rules adopted
43	pursuant to this part of any sand, limerock, or limestone mining
44	activity which is located in Township 52 South, Range 39 East,
45	sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26,
46	27, 34, 35, and 36; in Township 52 South, Range 40 East,
47	sections 6, 7, 8, 18, and 19; in Township 53 South, Range 39
48	East, sections 1, 2, 13, 21, 22, 23, 24, 25, 26, 33, 34, 35, and
49	36; and in Township 54 South, Range 38 East, sections 24, and
50	25, and 36, shall not include the rules adopted pursuant to
51	subsection (9). In addition, until October 1, 2000, such
52	activities shall continue to be regulated under the rules
53	adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
54	Florida Statutes 1983, as amended, as such rules existed prior
55	to the effective date of the rules adopted pursuant to
56	subsection (9) and such dredge and fill jurisdiction shall be
57	that which existed prior to January 24, 1984. In addition, any
58	such sand, limerock, or limestone mining activity shall be
59	approved by Miami-Dade County and the United States Army Corps
60	of Engineers. This section shall only apply to mining activities
61	which are continuous and carried out on land contiguous to
62	mining operations that were in existence on or before October 1,
63	1984.
64	(19)(a)  Financial responsibility for mitigation for
65	wetlands and other surface waters required by a permit issued
66	pursuant to this part for activities associated with the
67	extraction of limestone and phosphate are subject to approval by
68	the department as part of permit application review. Financial
69	responsibility for permitted activities which will occur over a
70	period of 3 years or less of mining operations must be provided
71	to the department prior to the commencement of mining operations
72	and shall be in an amount equal to 110 percent of the estimated
73	mitigation costs for wetlands and other surface waters affected
74	under the permit. For permitted activities which will occur over
75	a period of more than 3 years of mining operations, the initial
76	financial responsibility demonstration shall be in an amount
77	equal to 110 percent of the estimated mitigation costs for
78	wetlands and other surface waters affected in the first 3 years
79	of operation under the permit; and, for each year thereafter,
80	the financial responsibility demonstration shall be updated,
81	including to provide an amount equal to 110 percent of the
82	estimated mitigation costs for the next year of operations under
83	the permit for which financial responsibility has not already
84	been demonstrated and to release portions of the financial
85	responsibility mechanisms in accordance with applicable rules.
86	Section 2.  Subsection (2) and paragraph (c) of subsection
87	(4) of section 378.901, Florida Statutes, are amended to read:
88	378.901  Life-of-the-mine permit.-
89	(2)  As an alternative to, and in lieu of, separate
90	applications for permits required by part IV of chapter 373 and
91	part IV of this chapter, each operator who proposes to mine or
92	extract heavy minerals, limestone, or fuller's earth clay may
93	apply to the bureau for a life-of-the-mine permit.
94	(4)  Notwithstanding the provisions of s. 378.405, an
95	application for a life-of-the-mine permit must be reviewed as
96	follows:
97	(c)  A life-of-the-mine permit must be approved or denied
98	by the bureau within 135 days after receipt of the original
99	completed application, receipt of the timely requested
100	additional information, or correction of errors or omissions.
101	The 135-day period must be tolled in accordance with s. 120.60.
102	This paragraph does not apply to applications for permits to
103	mine or extract limestone filed before July 1, 2010.
104	Section 3.  Subsection (2) of section 316.520, Florida
105	Statutes, is amended to read:
106	316.520  Loads on vehicles.-
107	(2)  It is the duty of every owner and driver, severally,
108	of any vehicle hauling, upon any public road or highway open to
109	the public, dirt, sand, limestone lime rock, gravel, silica, or
110	other similar aggregate or trash, garbage, any inanimate object
111	or objects, or any similar material that could fall or blow from
112	such vehicle, to prevent such materials from falling, blowing,
113	or in any way escaping from such vehicle. Covering and securing
114	the load with a close-fitting tarpaulin or other appropriate
115	cover or a load securing device meeting the requirements of 49
116	C.F.R. s. 393.100 or a device designed to reasonably ensure that
117	cargo will not shift upon or fall from the vehicle is required
118	and shall constitute compliance with this section.
119	Section 4.  Subsections (1) and (4) of section 337.0261,
120	Florida Statutes, are amended to read:
121	337.0261  Construction aggregate materials.-
122	(1)  DEFINITIONS.-"Construction aggregate materials" means
123	crushed stone, limestone, dolomite, limerock, shell rock,
124	cemented coquina, sand for use as a component of mortars,
125	concrete, bituminous mixtures, or underdrain filters, and other
126	mined resources providing the basic material for concrete,
127	asphalt, and road base.
128	(4)  EXPEDITED PERMITTING.-Due to the state's critical
129	infrastructure needs and the potential shortfall in available
130	construction aggregate materials, limestone limerock
131	environmental resource permitting and reclamation applications
132	filed after March 1, 2007, are eligible for the expedited
133	permitting processes contained in s. 403.973. Challenges to
134	state agency action in the expedited permitting process for
135	establishment of a limestone limerock mine in this state under
136	s. 403.973 are subject to the same requirements as challenges
137	brought under s. 403.973(14)(a), except that, notwithstanding s.
138	120.574, summary proceedings must be conducted within 30 days
139	after a party files the motion for summary hearing, regardless
140	of whether the parties agree to the summary proceeding.
141	Section 5.  Subsection (4) of section 373.4149, Florida
142	Statutes, is amended to read:
143	373.4149  Miami-Dade County Lake Belt Plan.-
144	(4)  The identification of the Miami-Dade County Lake Belt
145	Area shall not preempt local land use jurisdiction, planning, or
146	regulatory authority in regard to the use of land by private
147	land owners. When amending local comprehensive plans, or
148	implementing zoning regulations, development regulations, or
149	other local regulations, Miami-Dade County shall strongly
150	consider limestone mining activities and ancillary operations,
151	such as lake excavation, including use of explosives, rock
152	processing, cement, concrete and asphalt products manufacturing,
153	and ancillary activities, within the rock mining supported and
154	allowable areas of the Miami-Dade County Lake Plan adopted by
155	subsection (1); provided, however, that limestone limerock
156	mining activities are consistent with wellfield protection.
157	Rezonings or amendments to local comprehensive plans concerning
158	properties that are located within 1 mile of the Miami-Dade Lake
159	Belt Area shall be compatible with limestone mining activities.
160	No rezonings, variances, or amendments to local comprehensive
161	plans for any residential purpose may be approved for any
162	property located in sections 35 and 36 and the east one-half of
163	sections 24 and 25, Township 53 South, Range 39 East until such
164	time as there is no active mining within 2 miles of the
165	property. This section does not preclude residential development
166	that complies with current regulations.
167	Section 6.  Subsection (2) and paragraph (b) of subsection
168	(6) of section 373.41492, Florida Statutes, are amended to read:
169	373.41492  Miami-Dade County Lake Belt Mitigation Plan;
170	mitigation for mining activities within the Miami-Dade County
171	Lake Belt.-
172	(2)  To provide for the mitigation of wetland resources
173	lost to mining activities within the Miami-Dade County Lake Belt
174	Plan, effective October 1, 1999, a mitigation fee is imposed on
175	each ton of limestone limerock and sand extracted by any person
176	who engages in the business of extracting limestone limerock or
177	sand from within the Miami-Dade County Lake Belt Area and the
178	east one-half of sections 24 and 25 and all of sections 35 and
179	36, Township 53 South, Range 39 East. The mitigation fee is
180	imposed for each ton of limestone limerock and sand sold from
181	within the properties where the fee applies in raw, processed,
182	or manufactured form, including, but not limited to, sized
183	aggregate, asphalt, cement, concrete, and other limestone
184	limerock and concrete products. The mitigation fee imposed by
185	this subsection for each ton of limestone limerock and sand sold
186	shall be 12 cents per ton beginning January 1, 2007; 18 cents
187	per ton beginning January 1, 2008; and 24 cents per ton
188	beginning January 1, 2009. To upgrade a water treatment plant
189	that treats water coming from the Northwest Wellfield in Miami-
190	Dade County, a water treatment plant upgrade fee is imposed
191	within the same Lake Belt Area subject to the mitigation fee and
192	upon the same kind of mined limestone limerock and sand subject
193	to the mitigation fee. The water treatment plant upgrade fee
194	imposed by this subsection for each ton of limestone limerock
195	and sand sold shall be 15 cents per ton beginning on January 1,
196	2007, and the collection of this fee shall cease once the total
197	amount of proceeds collected for this fee reaches the amount of
198	the actual moneys necessary to design and construct the water
199	treatment plant upgrade, as determined in an open, public
200	solicitation process. Any limestone limerock or sand that is
201	used within the mine from which the limestone limerock or sand
202	is extracted is exempt from the fees. The amount of the
203	mitigation fee and the water treatment plant upgrade fee imposed
204	under this section must be stated separately on the invoice
205	provided to the purchaser of the limestone limerock or sand
206	product from the limestone limerock or sand miner, or its
207	subsidiary or affiliate, for which the fee or fees apply. The
208	limestone limerock or sand miner, or its subsidiary or
209	affiliate, who sells the limestone limerock or sand product
210	shall collect the mitigation fee and the water treatment plant
211	upgrade fee and forward the proceeds of the fees to the
212	Department of Revenue on or before the 20th day of the month
213	following the calendar month in which the sale occurs.
214	(6)
215	(b)  Expenditures of the mitigation fee must be approved by
216	an interagency committee consisting of representatives from each
217	of the following: the Miami-Dade County Department of
218	Environmental Resource Management, the Department of
219	Environmental Protection, the South Florida Water Management
220	District, and the Fish and Wildlife Conservation Commission. In
221	addition, the limestone limerock mining industry shall select a
222	representative to serve as a nonvoting member of the interagency
223	committee. At the discretion of the committee, additional
224	members may be added to represent federal regulatory,
225	environmental, and fish and wildlife agencies.
226	Section 7.  Section 373.4415, Florida Statutes, is amended
227	to read:
228	373.4415  Role of Miami-Dade County in processing permits
229	for limestone limerock mining in Miami-Dade County Lake Belt.-
230	The department and Miami-Dade County shall cooperate to
231	establish and fulfill reasonable requirements for the
232	departmental delegation to the Miami-Dade County Department of
233	Environmental Resource Management of authority to implement the
234	permitting program under ss. 373.403-373.439 for limestone
235	limerock mining activities within the geographic area of the
236	Miami-Dade County Lake Belt which was recommended for mining in
237	the report submitted to the Legislature in February 1997 under
238	s. 373.4149. The delegation of authority must be consistent with
239	s. 373.441 and chapter 62-344, Florida Administrative Code. To
240	further streamline permitting within the Miami-Dade County Lake
241	Belt, the department and Miami-Dade County are encouraged to
242	work with the United States Army Corps of Engineers to establish
243	a general permit under s. 404 of the Clean Water Act for
244	limestone limerock mining activities within the geographic area
245	of the Miami-Dade County Lake Belt consistent with the report
246	submitted in February 1997. Miami-Dade County is further
247	encouraged to seek delegation from the United States Army Corps
248	of Engineers for the implementation of any such general permit.
249	This section does not limit the authority of the department to
250	delegate other responsibilities to Miami-Dade County under this
251	part.
252	Section 8.  Subsection (2) of section 377.244, Florida
253	Statutes, is amended to read:
254	377.244  Conditions for granting permits for surface
255	exploratory and extraction operations.-
256	(2)  The provisions of this act shall not apply to the
257	exploration and removal from lands of peat, muck, marl,
258	limestone, limerock, kaolin, fuller's earth, phosphate, common
259	clays, gravel, shell, sand, and similar substances, it being the
260	legislative determination that the mining and extraction
261	operations, and the grants of authority under which these
262	activities are conducted for said substances exempted from the
263	provisions of this act, are dissimilar from the exploratory and
264	extraction operations and the grants of authority under which
265	these activities are conducted for substances which come within
266	the purview of the regulatory provisions of this act.
267	Section 9.  Subsection (17) of section 378.403, Florida
268	Statutes, is amended to read:
269	378.403  Definitions.-As used in this part, the term:
270	(17)  "Resource" means soil, clay, peat, stone, gravel,
271	sand, limestone limerock, metallic ore, or any other solid
272	substance of commercial value found in natural deposits on or in
273	the earth, except phosphate, which is regulated by part III.
274	Section 10.  Section 378.4115, Florida Statutes, is amended
275	to read:
276	378.4115  County certification for limestone limerock
277	mining in the Miami-Dade County Lake Belt.-The department and
278	Miami-Dade County shall cooperate to establish and fulfill
279	reasonable requirements for the departmental certification of
280	the Miami-Dade County Department of Environmental Resource
281	Management to implement the reclamation program under ss.
282	378.401-378.503 for limestone limerock mining activities within
283	the geographic area of the Miami-Dade County Lake Belt which was
284	recommended for mining in the report submitted to the
285	Legislature in February 1997 under s. 373.4149. The delegation
286	of implementing authority must be consistent with s. 378.411 and
287	chapter 62C-36, Florida Administrative Code. Further, the
288	reclamation program shall maximize the efficient mining of
289	limestone, and the littoral area surrounding the lake
290	excavations shall not be required to be greater than 100 feet
291	average in width.
292	Section 11.  The amendments to ss. 373.414 and 378.901,
293	Florida Statutes, made by this act, other than the conforming of
294	terminology, apply retroactively to any permit granted by the
295	Department of Environmental Protection under part IV of chapter
296	373, Florida Statutes, or part IV of chapter 378, Florida
297	Statutes, after September 1, 2009.
298	Section 12.  This act shall take effect upon becoming a
299	law.

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