Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for SB 510
       
       
       
       
       
       
                                Ì939248KÎ939248                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/27/2015 01:28 PM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 111 - 301
    4  and insert:
    5  2018, and thereafter. To pay for seepage mitigation projects,
    6  including groundwater and surface water management structures
    7  designed to improve wetland habitat and approved by the Lake
    8  Belt Mitigation Committee, and to upgrade a water treatment
    9  plant that treats water coming from the Northwest Wellfield in
   10  Miami-Dade County, a water treatment plant upgrade fee is
   11  imposed within the same Lake Belt Area subject to the mitigation
   12  fee and upon the same kind of mined limerock and sand subject to
   13  the mitigation fee. The water treatment plant upgrade fee
   14  imposed by this section subsection for each ton of limerock and
   15  sand sold shall be 6 15 cents per ton, and the collection of
   16  this fee shall cease once the total amount of proceeds collected
   17  for this fee reaches the amount of the actual moneys necessary
   18  to design and construct the water treatment plant upgrade, as
   19  determined in an open, public solicitation process. The water
   20  treatment plant upgrade fee imposed by this section expires on
   21  July 1, 2018. Any limerock or sand that is used within the mine
   22  from which the limerock or sand is extracted is exempt from the
   23  fees. The amount of the mitigation fee and the water treatment
   24  plant upgrade fee imposed under this section must be stated
   25  separately on the invoice provided to the purchaser of the
   26  limerock or sand product from the limerock or sand miner, or its
   27  subsidiary or affiliate, for which the fee or fees apply. The
   28  limerock or sand miner, or its subsidiary or affiliate, who
   29  sells the limerock or sand product shall collect the mitigation
   30  fee and the water treatment plant upgrade fee and forward the
   31  proceeds of the fees to the Department of Revenue on or before
   32  the 20th day of the month following the calendar month in which
   33  the sale occurs. The proceeds of a fee imposed by this section
   34  include all funds collected and received by the Department of
   35  Revenue relating to the fee, including interest and penalties on
   36  a delinquent fee. The amount deducted for administrative costs
   37  may not exceed 3 percent of the total revenues collected under
   38  this section and may equal only those administrative costs
   39  reasonably attributable to the fee.
   40         (3) The mitigation fee and the water treatment plant
   41  upgrade fee imposed by this section must be reported to the
   42  Department of Revenue. Payment of the mitigation and the water
   43  treatment plant upgrade fees must be accompanied by a form
   44  prescribed by the Department of Revenue.
   45         (a) The proceeds of the mitigation fee, less administrative
   46  costs, must be transferred by the Department of Revenue to the
   47  South Florida Water Management District and deposited into the
   48  Lake Belt Mitigation Trust Fund.
   49         (b) Beginning July 1, 2012, the proceeds of the water
   50  treatment plant upgrade fee, less administrative costs, must be
   51  transferred by the Department of Revenue to the South Florida
   52  Water Management District and deposited into the Lake Belt
   53  Mitigation Trust Fund until:
   54         1. A total of $20 million from the proceeds of the water
   55  treatment plant upgrade fee, less administrative costs, is
   56  deposited into the Lake Belt Mitigation Trust Fund; or
   57         2.the quarterly pathogen sampling conducted as a condition
   58  of the permits issued by the department for rock mining
   59  activities in the Miami-Dade County Lake Belt Area demonstrates
   60  that the water in any quarry lake in the vicinity of the
   61  Northwest Wellfield would be classified as being in Bin 2 or
   62  higher as defined in the Environmental Protection Agency’s Long
   63  Term 2 Enhanced Surface Water Treatment Rule.
   64         (b)(c)Upon the earliest occurrence of the criterion under
   65  subparagraph (b)1. or subparagraph (b)2., The proceeds of the
   66  water treatment plant upgrade fee, less administrative costs and
   67  less 2 cents per ton transferred pursuant to paragraph (c), must
   68  be transferred by the Department of Revenue to a trust fund
   69  established by Miami-Dade County, for the sole purpose
   70  authorized by paragraph (6)(a).
   71         (c) Until December 1, 2016, or until funding for the study
   72  is complete, whichever comes earlier, 2 cents per ton, not to
   73  exceed $300,000, shall be transferred by the Department of
   74  Revenue to the State Fire Marshal to be used to fund the study
   75  required under s. 552.30 to review the established statewide
   76  ground vibration limits for construction materials mining
   77  activities and to review any legitimate claims paid for damages
   78  caused by such mining activities. Any amount not used to fund
   79  the study shall be transferred to the trust fund established by
   80  Miami-Dade County, for the sole purpose authorized by paragraph
   81  (6)(a).
   82         (6)(a) The proceeds of the mitigation fee must be used to
   83  conduct mitigation activities that are appropriate to offset the
   84  loss of the value and functions of wetlands as a result of
   85  mining activities and to conduct water quality monitoring to
   86  ensure the protection of water resources within the Lake Belt
   87  Area and be approved by the Miami-Dade County Lake Belt
   88  Mitigation Committee. Such mitigation may include the purchase,
   89  enhancement, restoration, and management of wetlands and uplands
   90  in the Everglades watershed, the purchase of mitigation credit
   91  from a permitted mitigation bank, and any structural
   92  modifications to the existing drainage system to enhance the
   93  hydrology of the Miami-Dade County Lake Belt Area or the
   94  Everglades watershed. Funds may also be used to reimburse other
   95  funding sources, including the Save Our Rivers Land Acquisition
   96  Program, the Internal Improvement Trust Fund, the South Florida
   97  Water Management District, and Miami-Dade County, for the
   98  purchase of lands that were acquired in areas appropriate for
   99  mitigation due to rock mining and to reimburse governmental
  100  agencies that exchanged land under s. 373.4149 for mitigation
  101  due to rock mining. The proceeds of the water treatment plant
  102  upgrade fee deposited into the Lake Belt Mitigation Trust Fund
  103  shall be used solely to pay for seepage mitigation projects,
  104  including groundwater or surface water management structures
  105  designed to improve wetland habitat and approved by the Lake
  106  Belt Mitigation Committee. The proceeds of the water treatment
  107  plant upgrade fee which are transmitted to a trust fund
  108  established by Miami-Dade County shall be used to upgrade a
  109  water treatment plant that treats water coming from the
  110  Northwest Wellfield in Miami-Dade County. As used in this
  111  section, the terms “upgrade a water treatment plant” or
  112  “treatment plant upgrade” mean those works necessary to treat or
  113  filter a surface water source or supply or both.
  114         (8) If a general permit by the United States Army Corps of
  115  Engineers, or an appropriate long-term permit for mining,
  116  consistent with the Miami-Dade County Lake Belt Plan, this
  117  section, and ss. 373.4149, 373.4415, and 378.4115 is not issued
  118  on or before September 30, 2000, the fee imposed by this section
  119  is suspended until revived by the Legislature.
  120         (9)(a) The Legislature finds that more than 1,000 water
  121  samples from quarry lakes and groundwater sources near the
  122  Northwest Wellfield have been analyzed without a single
  123  detection of pathogens. The Legislature further finds that the
  124  best available science indicates that there is no connection
  125  between the Lake Belt quarry lakes and any potential need to
  126  upgrade the water treatment plant that receives water from the
  127  Northwest Wellfield for pathogen removal and none is expected in
  128  the future.
  129         (b) To assist the Legislature in determining if a portion
  130  of the limestone mining fee should be dedicated to a treatment
  131  plant upgrade through July 1, 2018, pursuant to subsection (2),
  132  Miami-Dade County shall:
  133         1. By January 15, 2016, submit to the President of the
  134  Senate and the Speaker of the House of Representatives a
  135  detailed accounting of the Lake Belt fees collected through June
  136  30, 2015, and all expenditures of those fees; and
  137         2. By January 15, 2017, submit to the President of the
  138  Senate and the Speaker of the House of Representatives a
  139  detailed report on all pathogen data collection and analyses
  140  related to the Northwest Wellfield and the planning and
  141  engineering studies undertaken to upgrade any water treatment
  142  plant to provide treatment for pathogens in water from the
  143  Northwest Wellfield.
  144  
  145  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  146  And the directory clause is amended as follows:
  147         Delete lines 65 - 66
  148  and insert:
  149         Section 2. Subsections (1), (2), and (3), paragraph (a) of
  150  subsection (6), and subsection (8) of section 373.41492, Florida
  151  Statutes are amended, present subsection (9) is redesignated as
  152  subsection (8), and a new subsection (9) is added to that
  153  section, to read:
  154  
  155  ================= T I T L E  A M E N D M E N T ================
  156  And the title is amended as follows:
  157         Delete lines 16 - 28
  158  and insert:
  159         certain dates; decreasing the amount of the per-ton
  160         water treatment plant upgrade fee; requiring that a
  161         portion of the proceeds from the per-ton water
  162         treatment plant upgrade fee be used to fund a study
  163         reviewing certain mining activities and claims
  164         relating to such activities; adding water quality
  165         monitoring to the required uses for mitigation fee
  166         proceeds; providing for the expiration of the water
  167         treatment plant upgrade fee; removing a requirement
  168         that uses of the mitigation fee proceeds be approved
  169         by the Miami-Dade County Lake Belt Mitigation
  170         Committee; deleting an obsolete provision; providing
  171         legislative findings; requiring Miami-Dade County to
  172         submit certain reports to the Legislature; reenacting
  173         s.