Florida Senate - 2015                                     SB 510
       
       
        
       By Senator Garcia
       
       
       
       
       
       38-00535A-15                                           2015510__
    1                        A bill to be entitled                      
    2         An act relating to the Miami-Dade County Lake Belt
    3         Area; amending s. 373.4149, F.S.; requiring amendments
    4         to local zoning and subdivision regulations concerning
    5         properties located within a certain area to be
    6         compatible with limestone mining activities;
    7         prohibiting amendments to local zoning and subdivision
    8         regulations which would result in an increase in
    9         residential density for certain property until there
   10         is no mining activity within a certain distance;
   11         amending s. 373.41492, F.S.; conforming a cross
   12         reference; including monitoring as an environmental
   13         purpose for which the per-ton mitigation fee may be
   14         applied; decreasing the amount of the per-ton
   15         mitigation fee for limerock and sand sold after
   16         certain dates; imposing an environmentally endangered
   17         lands fee; rescinding the water treatment plant
   18         upgrade fee; requiring the Department of Revenue to
   19         administer, enforce, and collect the environmentally
   20         endangered lands fee; adding water quality monitoring
   21         to the required uses for mitigation fee proceeds;
   22         requiring the environmentally endangered lands fee to
   23         be used solely for purposes related to wetland and
   24         threatened forest communities located in Miami-Dade
   25         County; reenacting s. 373.41495(1),(2), and (3), F.S.,
   26         relating to the Lake Belt Mitigation Trust Fund to
   27         incorporate the amendment made to s. 373.41492, F.S.,
   28         in reference thereto; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (4) of section 373.4149, Florida
   33  Statutes, is amended to read:
   34         373.4149 Miami-Dade County Lake Belt Plan.—
   35         (4) The identification of the Miami-Dade County Lake Belt
   36  Area shall not preempt local land use jurisdiction, planning, or
   37  regulatory authority in regard to the use of land by private
   38  land owners. When amending local comprehensive plans, or
   39  implementing zoning regulations, development regulations, or
   40  other local regulations, Miami-Dade County shall strongly
   41  consider limestone mining activities and ancillary operations,
   42  such as lake excavation, including use of explosives, rock
   43  processing, cement, concrete and asphalt products manufacturing,
   44  and ancillary activities, within the rock mining supported and
   45  allowable areas of the Miami-Dade County Lake Plan adopted by
   46  subsection (1); provided, however, that limerock mining
   47  activities are consistent with wellfield protection. Rezonings,
   48  or amendments to local zoning and subdivision regulations, and
   49  amendments to local comprehensive plans concerning properties
   50  that are located within 1 mile of the Miami-Dade Lake Belt Area
   51  shall be compatible with limestone mining activities. No
   52  rezonings, variances, amendments to local zoning and subdivision
   53  regulations which would result in an increase in residential
   54  density, or amendments to local comprehensive plans for any
   55  residential purpose may be approved for any property located in
   56  sections 35 and 36 and the east one-half of sections 24 and 25,
   57  Township 53 South, Range 39 East until such time as there is no
   58  active mining within 2 miles of the property. This section does
   59  not preclude residential development that complies with current
   60  regulations.
   61         Section 2. Section 373.41492, Florida Statutes, is amended
   62  to read:
   63         373.41492 Miami-Dade County Lake Belt Mitigation Plan;
   64  mitigation for mining activities within the Miami-Dade County
   65  Lake Belt.—
   66         (1) The Legislature finds that the impact of mining within
   67  the rock mining supported and allowable areas of the Miami-Dade
   68  County Lake Belt Plan adopted by s. 373.4149(1) can best be
   69  offset by the implementation of a comprehensive mitigation plan.
   70  The Lake Belt Mitigation Plan consists of those provisions
   71  contained in subsections (2)-(8) (2)-(9). The per-ton mitigation
   72  fee assessed on limestone sold from the Miami-Dade County Lake
   73  Belt Area and sections 10, 11, 13, 14, Township 52 South, Range
   74  39 East, and sections 24, 25, 35, and 36, Township 53 South,
   75  Range 39 East, shall be used for acquiring environmentally
   76  sensitive lands and for restoration, monitoring, maintenance,
   77  and other environmental purposes. It is the intent of the
   78  Legislature that the per-ton mitigation fee not be a revenue
   79  source for purposes other than enumerated in this section.
   80  Further, the Legislature finds that the public benefit of a
   81  sustainable supply of limestone construction materials for
   82  public and private projects requires a coordinated approach to
   83  permitting activities on wetlands within Miami-Dade County in
   84  order to provide the certainty necessary to encourage
   85  substantial and continued investment in the limestone processing
   86  plant and equipment required to efficiently extract the
   87  limestone resource. It is the intent of the Legislature that the
   88  Lake Belt Mitigation Plan satisfy all local, state, and federal
   89  requirements for mining activity within the rock mining
   90  supported and allowable areas.
   91         (2) To provide for the mitigation of wetland resources lost
   92  to mining activities within the Miami-Dade County Lake Belt
   93  Plan, effective October 1, 1999, a mitigation fee is imposed on
   94  each ton of limerock and sand extracted by any person who
   95  engages in the business of extracting limerock or sand from
   96  within the Miami-Dade County Lake Belt Area and the east one
   97  half of sections 24 and 25 and all of sections 35 and 36,
   98  Township 53 South, Range 39 East. The mitigation fee is imposed
   99  for each ton of limerock and sand sold from within the
  100  properties where the fee applies in raw, processed, or
  101  manufactured form, including, but not limited to, sized
  102  aggregate, asphalt, cement, concrete, and other limerock and
  103  concrete products. The mitigation fee imposed by this subsection
  104  for each ton of limerock and sand sold shall be 25 45 cents per
  105  ton, beginning on January 1, 2016; 15 cents per ton beginning on
  106  January 1, 2017; and 5 cents per ton beginning on January 1,
  107  2018, and thereafter. To pay for Miami-Dade County seepage
  108  mitigation projects, an environmentally endangered lands
  109  including groundwater and surface water management structures
  110  designed to improve wetland habitat and approved by the Lake
  111  Belt Mitigation Committee, and to upgrade a water treatment
  112  plant that treats water coming from the Northwest Wellfield in
  113  Miami-Dade County, a water treatment plant upgrade fee is
  114  imposed within the same Lake Belt Area subject to the mitigation
  115  fee and upon the same kind of mined limerock and sand subject to
  116  the mitigation fee. The environmentally endangered lands water
  117  treatment plant upgrade fee imposed by this section subsection
  118  for each ton of limerock and sand sold shall be 5 15 cents per
  119  ton, and the collection of this fee shall cease once the total
  120  amount of proceeds collected for this fee reaches the amount of
  121  the actual moneys necessary to design and construct the water
  122  treatment plant upgrade, as determined in an open, public
  123  solicitation process. Any limerock or sand that is used within
  124  the mine from which the limerock or sand is extracted is exempt
  125  from the fees. The amount of the mitigation fee and the
  126  environmentally endangered lands water treatment plant upgrade
  127  fee imposed under this section must be stated separately on the
  128  invoice provided to the purchaser of the limerock or sand
  129  product from the limerock or sand miner, or its subsidiary or
  130  affiliate, for which the fee or fees apply. The limerock or sand
  131  miner, or its subsidiary or affiliate, who sells the limerock or
  132  sand product shall collect the mitigation fee and the water
  133  treatment plant upgrade fee and forward the proceeds of the fees
  134  to the Department of Revenue on or before the 20th day of the
  135  month following the calendar month in which the sale occurs. The
  136  proceeds of a fee imposed by this section include all funds
  137  collected and received by the Department of Revenue relating to
  138  the fee, including interest and penalties on a delinquent fee.
  139  The amount deducted for administrative costs may not exceed 3
  140  percent of the total revenues collected under this section and
  141  may equal only those administrative costs reasonably
  142  attributable to the fee.
  143         (3) The mitigation fee and the environmentally endangered
  144  lands water treatment plant upgrade fee imposed by this section
  145  must be reported to the Department of Revenue. Payment of the
  146  mitigation and the environmentally endangered lands water
  147  treatment plant upgrade fees must be accompanied by a form
  148  prescribed by the Department of Revenue.
  149         (a) The proceeds of the mitigation fee, less administrative
  150  costs, must be transferred by the Department of Revenue to the
  151  South Florida Water Management District and deposited into the
  152  Lake Belt Mitigation Trust Fund.
  153         (b) Beginning July 1, 2015 2012, the proceeds of the water
  154  treatment plant upgrade fee previously imposed by this section
  155  is rescinded and is no longer imposed on the sale of mined
  156  limerock and sand, less administrative costs, must be
  157  transferred by the Department of Revenue to the South Florida
  158  Water Management District and deposited into the Lake Belt
  159  Mitigation Trust Fund until:
  160         1. A total of $20 million from the proceeds of the water
  161  treatment plant upgrade fee, less administrative costs, is
  162  deposited into the Lake Belt Mitigation Trust Fund; or
  163         2. The quarterly pathogen sampling conducted as a condition
  164  of the permits issued by the department for rock mining
  165  activities in the Miami-Dade County Lake Belt Area demonstrates
  166  that the water in any quarry lake in the vicinity of the
  167  Northwest Wellfield would be classified as being in Bin 2 or
  168  higher as defined in the Environmental Protection Agency’s Long
  169  Term 2 Enhanced Surface Water Treatment Rule.
  170         (c) The proceeds of the environmentally endangered lands
  171  fee Upon the earliest occurrence of the criterion under
  172  subparagraph (b)1. or subparagraph (b)2., the proceeds of the
  173  water treatment plant upgrade fee, less administrative costs,
  174  must be transferred by the Department of Revenue to a trust fund
  175  established by Miami-Dade County, for the sole purpose
  176  authorized by paragraph (6)(a).
  177         (4)(a) The Department of Revenue shall administer, collect,
  178  and enforce the mitigation and environmentally endangered lands
  179  treatment plant upgrade fees authorized under this section in
  180  accordance with the procedures used to administer, collect, and
  181  enforce the general sales tax imposed under chapter 212. The
  182  provisions of chapter 212 with respect to the authority of the
  183  Department of Revenue to audit and make assessments, the keeping
  184  of books and records, and the interest and penalties imposed on
  185  delinquent fees apply to this section. The fees may not be
  186  included in computing estimated taxes under s. 212.11, and the
  187  dealer’s credit for collecting taxes or fees provided for in s.
  188  212.12 does not apply to the fees imposed by this section.
  189         (b) In administering this section, the Department of
  190  Revenue may employ persons and incur expenses for which funds
  191  are appropriated by the Legislature. The Department of Revenue
  192  shall adopt rules and prescribe and publish forms necessary to
  193  administer this section. The Department of Revenue shall
  194  establish audit procedures and may assess delinquent fees.
  195         (5) Each January 1, beginning January 1, 2010, through
  196  December 31, 2011, the per-ton mitigation fee shall be increased
  197  by 2.1 percentage points, plus a cost growth index. The cost
  198  growth index shall be the percentage change in the weighted
  199  average of the Employment Cost Index for All Civilian Workers
  200  (ecu 10001I), issued by the United States Department of Labor
  201  for the most recent 12-month period ending on September 30, and
  202  the percentage change in the Producer Price Index for All
  203  Commodities (WPU 00000000), issued by the United States
  204  Department of Labor for the most recent 12-month period ending
  205  on September 30, compared to the weighted average of these
  206  indices for the previous year. The weighted average shall be
  207  calculated as 0.6 times the percentage change in the Employment
  208  Cost Index for All Civilian Workers (ecu 10001I), plus 0.4 times
  209  the percentage change in the Producer Price Index for All
  210  Commodities (WPU 00000000). If either index is discontinued, it
  211  shall be replaced by its successor index, as identified by the
  212  United States Department of Labor.
  213         (6)(a) The proceeds of the mitigation fee must be used to
  214  conduct mitigation activities that are appropriate to offset the
  215  loss of the value and functions of wetlands as a result of
  216  mining activities and to conduct water quality monitoring to
  217  ensure the protection of water resources within the Lake Belt
  218  Area and be approved by the Miami-Dade County Lake Belt
  219  Mitigation Committee. Such mitigation may include the purchase,
  220  enhancement, restoration, and management of wetlands and uplands
  221  in the Everglades watershed, the purchase of mitigation credit
  222  from a permitted mitigation bank, and any structural
  223  modifications to the existing drainage system to enhance the
  224  hydrology of the Miami-Dade County Lake Belt Area or the
  225  Everglades watershed. Funds may also be used to reimburse other
  226  funding sources, including the Save Our Rivers Land Acquisition
  227  Program, the Internal Improvement Trust Fund, the South Florida
  228  Water Management District, and Miami-Dade County, for the
  229  purchase of lands that were acquired in areas appropriate for
  230  mitigation due to rock mining and to reimburse governmental
  231  agencies that exchanged land under s. 373.4149 for mitigation
  232  due to rock mining. The proceeds of the water treatment plant
  233  upgrade fee deposited into the Lake Belt Mitigation Trust Fund
  234  shall be used solely to pay for seepage mitigation projects,
  235  including groundwater or surface water management structures
  236  designed to improve wetland habitat and approved by the Lake
  237  Belt Mitigation Committee. The proceeds of the environmentally
  238  endangered lands water treatment plant upgrade fee which are
  239  transmitted to a trust fund established by Miami-Dade County
  240  shall be used solely for the acquisition, preservation,
  241  enhancement, restoration, conservation, and maintenance of
  242  wetland and threatened forest communities located to upgrade a
  243  water treatment plant that treats water coming from the
  244  Northwest Wellfield in Miami-Dade County. As used in this
  245  section, the terms “upgrade a water treatment plant” or
  246  “treatment plant upgrade” mean those works necessary to treat or
  247  filter a surface water source or supply or both.
  248         (b) Expenditures of the mitigation fee must be approved by
  249  an interagency committee consisting of representatives from each
  250  of the following: the Miami-Dade County Department of
  251  Environmental Resource Management, the Department of
  252  Environmental Protection, the South Florida Water Management
  253  District, and the Fish and Wildlife Conservation Commission. In
  254  addition, the limerock mining industry shall select a
  255  representative to serve as a nonvoting member of the interagency
  256  committee. At the discretion of the committee, additional
  257  members may be added to represent federal regulatory,
  258  environmental, and fish and wildlife agencies.
  259         (7) Payment of the mitigation fee imposed by this section
  260  satisfies the mitigation requirements imposed under ss. 373.403
  261  373.439 and any applicable county ordinance for loss of the
  262  value and functions from mining of the wetlands identified as
  263  rock mining supported and allowable areas of the Miami-Dade
  264  County Lake Plan adopted by s. 373.4149(1). In addition, it is
  265  the intent of the Legislature that the payment of the mitigation
  266  fee imposed by this section satisfy all federal mitigation
  267  requirements for the wetlands mined.
  268         (8) If a general permit by the United States Army Corps of
  269  Engineers, or an appropriate long-term permit for mining,
  270  consistent with the Miami-Dade County Lake Belt Plan, this
  271  section, and ss. 373.4149, 373.4415, and 378.4115 is not issued
  272  on or before September 30, 2000, the fee imposed by this section
  273  is suspended until revived by the Legislature.
  274         (8)(9)(a) The interagency committee established in this
  275  section shall annually prepare and submit to the governing board
  276  of the South Florida Water Management District a report
  277  evaluating the mitigation costs and revenues generated by the
  278  mitigation fee.
  279         (b) No sooner than January 31, 2010, and no more frequently
  280  than every 2 years thereafter, the interagency committee shall
  281  submit to the Legislature a report recommending any needed
  282  adjustments to the mitigation fee, including the annual
  283  escalator provided for in subsection (5), to ensure that the
  284  revenue generated reflects the actual costs of the mitigation.
  285         Section 3. For the purpose of incorporating the amendment
  286  made by this act to section 373.41492, Florida Statutes, in a
  287  reference thereto, subsections (1), (2), and (3) of section
  288  373.41495, Florida Statutes, are reenacted to read:
  289         373.41495 Lake Belt Mitigation Trust Fund; bonds.—
  290         (1) The Lake Belt Mitigation Trust Fund is hereby created,
  291  to be administered by the South Florida Water Management
  292  District. Funds shall be credited to the trust fund as provided
  293  in s. 373.41492, to be used for the purposes set forth therein.
  294         (2) The South Florida Water Management District may issue
  295  revenue bonds pursuant to s. 373.584, payable from revenues from
  296  the Lake Belt Mitigation fee imposed under s. 373.41492.
  297         (3) Net proceeds from the Lake Belt Mitigation fee and any
  298  revenue bonds issued under subsection (2) shall be deposited
  299  into the trust fund and, together with any interest earned on
  300  such moneys, shall be applied to Lake Belt mitigation projects
  301  as provided in s. 373.41492.
  302         Section 4. This act shall take effect July 1, 2015.