Florida Senate - 2012 SB 182 By Senator Garcia 40-00088A-12 2012182__ 1 A bill to be entitled 2 An act relating to the Miami-Dade County Lake Belt 3 Mitigation Plan; amending s. 373.41492, F.S.; 4 providing for the redirection of funds for seepage 5 mitigation projects; requiring the proceeds of the 6 water treatment plant upgrade fee to be transferred by 7 the Department of Revenue to the South Florida Water 8 Management District and to be deposited into the Lake 9 Belt Mitigation Trust Fund; providing criterion when 10 the transfer is not required; clarifying the uses for 11 the proceeds from the water treatment plant upgrade 12 fee; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsections (2), (3), and (6) of section 17 373.41492, Florida Statutes, are amended to read: 18 373.41492 Miami-Dade County Lake Belt Mitigation Plan; 19 mitigation for mining activities within the Miami-Dade County 20 Lake Belt.— 21 (2) To provide for the mitigation of wetland resources lost 22 to mining activities within the Miami-Dade County Lake Belt 23 Plan, effective October 1, 1999, a mitigation fee is imposed on 24 each ton of limerock and sand extracted by any person who 25 engages in the business of extracting limerock or sand from 26 within the Miami-Dade County Lake Belt Area and the east one 27 half of sections 24 and 25 and all of sections 35 and 36, 28 Township 53 South, Range 39 East. The mitigation fee is imposed 29 for each ton of limerock and sand sold from within the 30 properties where the fee applies in raw, processed, or 31 manufactured form, including, but not limited to, sized 32 aggregate, asphalt, cement, concrete, and other limerock and 33 concrete products. The mitigation fee imposed by this subsection 34 for each ton of limerock and sand sold shall be 12 cents per ton 35 beginning January 1, 2007; 18 cents per ton beginning January 1, 36 2008; 24 cents per ton beginning January 1, 2009; and 45 cents 37 per ton beginning close of business December 31, 2011. To pay 38 for seepage mitigation projects, including groundwater and 39 surface water management structures designed to improve wetland 40 habitat and approved by the Lake Belt Mitigation Committee, and 41 to upgrade a water treatment plant that treats water coming from 42 the Northwest Wellfield in Miami-Dade County, a water treatment 43 plant upgrade fee is imposed within the same Lake Belt Area 44 subject to the mitigation fee and upon the same kind of mined 45 limerock and sand subject to the mitigation fee. The water 46 treatment plant upgrade fee imposed by this subsection for each 47 ton of limerock and sand sold shall be 15 cents per ton 48 beginning on January 1, 2007, and the collection of this fee 49 shall cease once the total amount of proceeds collected for this 50 fee reaches the amount of the actual moneys necessary to design 51 and construct the water treatment plant upgrade, as determined 52 in an open, public solicitation process. Any limerock or sand 53 that is used within the mine from which the limerock or sand is 54 extracted is exempt from the fees. The amount of the mitigation 55 fee and the water treatment plant upgrade fee imposed under this 56 section must be stated separately on the invoice provided to the 57 purchaser of the limerock or sand product from the limerock or 58 sand miner, or its subsidiary or affiliate, for which the fee or 59 fees apply. The limerock or sand miner, or its subsidiary or 60 affiliate, who sells the limerock or sand product shall collect 61 the mitigation fee and the water treatment plant upgrade fee and 62 forward the proceeds of the fees to the Department of Revenue on 63 or before the 20th day of the month following the calendar month 64 in which the sale occurs. As used in this section, the term 65 “proceeds of the fee” means all funds collected and received by 66 the Department of Revenue under this section, including interest 67 and penalties on delinquent fees. The amount deducted for 68 administrative costs may not exceed 3 percent of the total 69 revenues collected under this section and may equal only those 70 administrative costs reasonably attributable to the fees. 71 (3) The mitigation fee and the water treatment plant 72 upgrade fee imposed by this section must be reported to the 73 Department of Revenue. Payment of the mitigation and the water 74 treatment plant upgrade fees must be accompanied by a form 75 prescribed by the Department of Revenue. 76 (a) The proceeds of the mitigation fee, less administrative 77 costs, must be transferred by the Department of Revenue to the 78 South Florida Water Management District and deposited into the 79 Lake Belt Mitigation Trust Fund. 80 (b) Beginning July 1, 2012, the proceeds of the water 81 treatment plant upgrade fee, less administrative costs, must be 82 transferred by the Department of Revenue to the South Florida 83 Water Management District and deposited into the Lake Belt 84 Mitigation Trust Fund until: 85 1. A total of $20 million from the proceeds of the water 86 treatment plant upgrade fee, less administrative costs, is 87 deposited into the Lake Belt Mitigation Trust Fund; or 88 2. The quarterly pathogen sampling conducted as a condition 89 of the permits issued by the department for rock mining 90 activities in the Miami-Dade County Lake Belt Area demonstrates 91 that the water in any quarry lake in the vicinity of the 92 Northwest Wellfield would be classified as being in Bin 2 or 93 higher as defined in the Environmental Protection Agency’s Long 94 Term 2 Enhanced Surface Water Treatment Rule. 95 (c) Upon the earliest occurrence of the criterion under 96 subparagraph (b)1. or subparagraph (b)2., the proceeds of the 97 water treatment plant upgrade fee, less administrative costs, 98 must be transferred by the Department of Revenue to a trust fund 99 established by Miami-Dade County, for the sole purpose 100 authorized by paragraph (6)(a). As used in this section, the 101 term “proceeds of the fee” means all funds collected and 102 received by the Department of Revenue under this section, 103 including interest and penalties on delinquent fees. The amount 104 deducted for administrative costs may not exceed 3 percent of 105 the total revenues collected under this section and may equal 106 only those administrative costs reasonably attributable to the 107 fees. 108 (6)(a) The proceeds of the mitigation fee must be used to 109 conduct mitigation activities that are appropriate to offset the 110 loss of the value and functions of wetlands as a result of 111 mining activities and must be used in a manner consistent with 112 the recommendations contained in the reports submitted to the 113 Legislature by the Miami-Dade County Lake Belt Plan 114 Implementation Committee and adopted under s. 373.4149. Such 115 mitigation may include the purchase, enhancement, restoration, 116 and management of wetlands and uplands, the purchase of 117 mitigation credit from a permitted mitigation bank, and any 118 structural modifications to the existing drainage system to 119 enhance the hydrology of the Miami-Dade County Lake Belt Area. 120 Funds may also be used to reimburse other funding sources, 121 including the Save Our Rivers Land Acquisition Program, the 122 Internal Improvement Trust Fund, the South Florida Water 123 Management District, and Miami-Dade County, for the purchase of 124 lands that were acquired in areas appropriate for mitigation due 125 to rock mining and to reimburse governmental agencies that 126 exchanged land under s. 373.4149 for mitigation due to rock 127 mining. The proceeds of the water treatment plant upgrade fee 128 deposited into the Lake Belt Mitigation Trust Fund shall be used 129 solely to pay for seepage mitigation projects, including 130 groundwater or surface water management structures designed to 131 improve wetland habitat and approved by the Lake Belt Mitigation 132 Committee. The proceeds of the water treatment plant upgrade fee 133 which are transmitted to a trust fund established by Miami-Dade 134 County shall be used to upgrade a water treatment plant that 135 treats water coming from the Northwest Wellfield in Miami-Dade 136 County. As used in this section, the terms “upgrade a water 137 treatment plant” or “treatment plant upgrade” mean
meansthose 138 works necessary to treat or filter a surface water source or 139 supply or both. 140 (b) Expenditures of the mitigation fee must be approved by 141 an interagency committee consisting of representatives from each 142 of the following: the Miami-Dade County Department of 143 Environmental Resource Management, the Department of 144 Environmental Protection, the South Florida Water Management 145 District, and the Fish and Wildlife Conservation Commission. In 146 addition, the limerock mining industry shall select a 147 representative to serve as a nonvoting member of the interagency 148 committee. At the discretion of the committee, additional 149 members may be added to represent federal regulatory, 150 environmental, and fish and wildlife agencies. 151 Section 2. This act shall take effect upon becoming a law.