July 14, 2020
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       Florida Senate - 2010                                    SB 1338
       
       
       
       By Senator Dean
       
       
       
       
       3-01303-10                                            20101338__
    1                        A bill to be entitled                      
    2         An act relating to limestone mining; amending s.
    3         373.414, F.S.; eliminating criteria for determining
    4         the ratio of mitigation-to-wetlands loss relating to
    5         limestone and sand mining; providing that financial
    6         responsibility for mitigation for wetlands and other
    7         surface waters required by a permit for activities
    8         associated with the extraction of limestone is subject
    9         to approval by the Department of Environmental
   10         Protection as part of permit application review;
   11         conforming terminology; amending s. 378.901, F.S.;
   12         authorizing mine operators proposing to mine or
   13         extract limestone to apply for a life-of-the-mine
   14         permit; providing an exception for life-of-the-mine
   15         permit application review requirements; amending ss.
   16         316.520, 337.0261, 373.4149, 373.41492, 373.4415,
   17         377.244, 378.403, and 378.4115, F.S.; conforming
   18         terminology; providing for retroactive applicability;
   19         providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (d) of subsection (6), subsection
   24  (16), and paragraph (a) of subsection (19) of section 373.414,
   25  Florida Statutes, are amended to read:
   26         373.414 Additional criteria for activities in surface
   27  waters and wetlands.—
   28         (6)
   29         (d) Onsite reclamation of the mine pit for limestone
   30  limerock and sand mining shall be conducted in accordance with
   31  the requirements of chapter 378.
   32         1. Mitigation activities for limestone limerock and sand
   33  mining must offset the regulated activities’ adverse impacts on
   34  surface waters and wetlands. Mitigation activities shall be
   35  located on site, unless onsite mitigation activities are not
   36  feasible, in which case, offsite mitigation as close to the
   37  activities as possible shall be required. However, mitigation
   38  banking may be an acceptable form of mitigation, whether on or
   39  off site, as judged on a case-by-case basis.
   40         2. The ratio of mitigation-to-wetlands loss shall be
   41  determined on a case-by-case basis and shall be based on the
   42  quality of the wetland to be impacted and the type of mitigation
   43  proposed.
   44         (16) Until October 1, 2000, regulation under rules adopted
   45  pursuant to this part of any sand, limerock, or limestone mining
   46  activity which is located in Township 52 South, Range 39 East,
   47  sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26,
   48  27, 34, 35, and 36; in Township 52 South, Range 40 East,
   49  sections 6, 7, 8, 18, and 19; in Township 53 South, Range 39
   50  East, sections 1, 2, 13, 21, 22, 23, 24, 25, 26, 33, 34, 35, and
   51  36; and in Township 54 South, Range 38 East, sections 24, and
   52  25, and 36, shall not include the rules adopted pursuant to
   53  subsection (9). In addition, until October 1, 2000, such
   54  activities shall continue to be regulated under the rules
   55  adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
   56  Florida Statutes 1983, as amended, as such rules existed prior
   57  to the effective date of the rules adopted pursuant to
   58  subsection (9) and such dredge and fill jurisdiction shall be
   59  that which existed prior to January 24, 1984. In addition, any
   60  such sand, limerock, or limestone mining activity shall be
   61  approved by Miami-Dade County and the United States Army Corps
   62  of Engineers. This section shall only apply to mining activities
   63  which are continuous and carried out on land contiguous to
   64  mining operations that were in existence on or before October 1,
   65  1984.
   66         (19)(a) Financial responsibility for mitigation for
   67  wetlands and other surface waters required by a permit issued
   68  pursuant to this part for activities associated with the
   69  extraction of limestone and phosphate are subject to approval by
   70  the department as part of permit application review. Financial
   71  responsibility for permitted activities which will occur over a
   72  period of 3 years or less of mining operations must be provided
   73  to the department prior to the commencement of mining operations
   74  and shall be in an amount equal to 110 percent of the estimated
   75  mitigation costs for wetlands and other surface waters affected
   76  under the permit. For permitted activities which will occur over
   77  a period of more than 3 years of mining operations, the initial
   78  financial responsibility demonstration shall be in an amount
   79  equal to 110 percent of the estimated mitigation costs for
   80  wetlands and other surface waters affected in the first 3 years
   81  of operation under the permit; and, for each year thereafter,
   82  the financial responsibility demonstration shall be updated,
   83  including to provide an amount equal to 110 percent of the
   84  estimated mitigation costs for the next year of operations under
   85  the permit for which financial responsibility has not already
   86  been demonstrated and to release portions of the financial
   87  responsibility mechanisms in accordance with applicable rules.
   88         Section 2. Subsection (2) and paragraph (c) of subsection
   89  (4) of section 378.901, Florida Statutes, are amended to read:
   90         378.901 Life-of-the-mine permit.—
   91         (2) As an alternative to, and in lieu of, separate
   92  applications for permits required by part IV of chapter 373 and
   93  part IV of this chapter, each operator who proposes to mine or
   94  extract heavy minerals, limestone, or fuller’s earth clay may
   95  apply to the bureau for a life-of-the-mine permit.
   96         (4) Notwithstanding the provisions of s. 378.405, an
   97  application for a life-of-the-mine permit must be reviewed as
   98  follows:
   99         (c) A life-of-the-mine permit must be approved or denied by
  100  the bureau within 135 days after receipt of the original
  101  completed application, receipt of the timely requested
  102  additional information, or correction of errors or omissions.
  103  The 135-day period must be tolled in accordance with s. 120.60.
  104  This paragraph does not apply to applications for permits to
  105  mine or extract limestone filed before July 1, 2010.
  106         Section 3. Subsection (2) of section 316.520, Florida
  107  Statutes, is amended to read:
  108         316.520 Loads on vehicles.—
  109         (2) It is the duty of every owner and driver, severally, of
  110  any vehicle hauling, upon any public road or highway open to the
  111  public, dirt, sand, limestone lime rock, gravel, silica, or
  112  other similar aggregate or trash, garbage, any inanimate object
  113  or objects, or any similar material that could fall or blow from
  114  such vehicle, to prevent such materials from falling, blowing,
  115  or in any way escaping from such vehicle. Covering and securing
  116  the load with a close-fitting tarpaulin or other appropriate
  117  cover or a load securing device meeting the requirements of 49
  118  C.F.R. s. 393.100 or a device designed to reasonably ensure that
  119  cargo will not shift upon or fall from the vehicle is required
  120  and shall constitute compliance with this section.
  121         Section 4. Subsections (1) and (4) of section 337.0261,
  122  Florida Statutes, are amended to read:
  123         337.0261 Construction aggregate materials.—
  124         (1) DEFINITIONS.—“Construction aggregate materials” means
  125  crushed stone, limestone, dolomite, limerock, shell rock,
  126  cemented coquina, sand for use as a component of mortars,
  127  concrete, bituminous mixtures, or underdrain filters, and other
  128  mined resources providing the basic material for concrete,
  129  asphalt, and road base.
  130         (4) EXPEDITED PERMITTING.—Due to the state’s critical
  131  infrastructure needs and the potential shortfall in available
  132  construction aggregate materials, limestone limerock
  133  environmental resource permitting and reclamation applications
  134  filed after March 1, 2007, are eligible for the expedited
  135  permitting processes contained in s. 403.973. Challenges to
  136  state agency action in the expedited permitting process for
  137  establishment of a limestone limerock mine in this state under
  138  s. 403.973 are subject to the same requirements as challenges
  139  brought under s. 403.973(14)(a), except that, notwithstanding s.
  140  120.574, summary proceedings must be conducted within 30 days
  141  after a party files the motion for summary hearing, regardless
  142  of whether the parties agree to the summary proceeding.
  143         Section 5. Subsection (4) of section 373.4149, Florida
  144  Statutes, is amended to read:
  145         373.4149 Miami-Dade County Lake Belt Plan.—
  146         (4) The identification of the Miami-Dade County Lake Belt
  147  Area shall not preempt local land use jurisdiction, planning, or
  148  regulatory authority in regard to the use of land by private
  149  land owners. When amending local comprehensive plans, or
  150  implementing zoning regulations, development regulations, or
  151  other local regulations, Miami-Dade County shall strongly
  152  consider limestone mining activities and ancillary operations,
  153  such as lake excavation, including use of explosives, rock
  154  processing, cement, concrete and asphalt products manufacturing,
  155  and ancillary activities, within the rock mining supported and
  156  allowable areas of the Miami-Dade County Lake Plan adopted by
  157  subsection (1); provided, however, that limestone limerock
  158  mining activities are consistent with wellfield protection.
  159  Rezonings or amendments to local comprehensive plans concerning
  160  properties that are located within 1 mile of the Miami-Dade Lake
  161  Belt Area shall be compatible with limestone mining activities.
  162  No rezonings, variances, or amendments to local comprehensive
  163  plans for any residential purpose may be approved for any
  164  property located in sections 35 and 36 and the east one-half of
  165  sections 24 and 25, Township 53 South, Range 39 East until such
  166  time as there is no active mining within 2 miles of the
  167  property. This section does not preclude residential development
  168  that complies with current regulations.
  169         Section 6. Subsection (2) and paragraph (b) of subsection
  170  (6) of section 373.41492, Florida Statutes, are amended to read:
  171         373.41492 Miami-Dade County Lake Belt Mitigation Plan;
  172  mitigation for mining activities within the Miami-Dade County
  173  Lake Belt.—
  174         (2) To provide for the mitigation of wetland resources lost
  175  to mining activities within the Miami-Dade County Lake Belt
  176  Plan, effective October 1, 1999, a mitigation fee is imposed on
  177  each ton of limestone limerock and sand extracted by any person
  178  who engages in the business of extracting limestone limerock or
  179  sand from within the Miami-Dade County Lake Belt Area and the
  180  east one-half of sections 24 and 25 and all of sections 35 and
  181  36, Township 53 South, Range 39 East. The mitigation fee is
  182  imposed for each ton of limestone limerock and sand sold from
  183  within the properties where the fee applies in raw, processed,
  184  or manufactured form, including, but not limited to, sized
  185  aggregate, asphalt, cement, concrete, and other limestone
  186  limerock and concrete products. The mitigation fee imposed by
  187  this subsection for each ton of limestone limerock and sand sold
  188  shall be 12 cents per ton beginning January 1, 2007; 18 cents
  189  per ton beginning January 1, 2008; and 24 cents per ton
  190  beginning January 1, 2009. To upgrade a water treatment plant
  191  that treats water coming from the Northwest Wellfield in Miami
  192  Dade County, a water treatment plant upgrade fee is imposed
  193  within the same Lake Belt Area subject to the mitigation fee and
  194  upon the same kind of mined limestone limerock and sand subject
  195  to the mitigation fee. The water treatment plant upgrade fee
  196  imposed by this subsection for each ton of limestone limerock
  197  and sand sold shall be 15 cents per ton beginning on January 1,
  198  2007, and the collection of this fee shall cease once the total
  199  amount of proceeds collected for this fee reaches the amount of
  200  the actual moneys necessary to design and construct the water
  201  treatment plant upgrade, as determined in an open, public
  202  solicitation process. Any limestone limerock or sand that is
  203  used within the mine from which the limestone limerock or sand
  204  is extracted is exempt from the fees. The amount of the
  205  mitigation fee and the water treatment plant upgrade fee imposed
  206  under this section must be stated separately on the invoice
  207  provided to the purchaser of the limestone limerock or sand
  208  product from the limestone limerock or sand miner, or its
  209  subsidiary or affiliate, for which the fee or fees apply. The
  210  limestone limerock or sand miner, or its subsidiary or
  211  affiliate, who sells the limestone limerock or sand product
  212  shall collect the mitigation fee and the water treatment plant
  213  upgrade fee and forward the proceeds of the fees to the
  214  Department of Revenue on or before the 20th day of the month
  215  following the calendar month in which the sale occurs.
  216         (6)
  217         (b) Expenditures of the mitigation fee must be approved by
  218  an interagency committee consisting of representatives from each
  219  of the following: the Miami-Dade County Department of
  220  Environmental Resource Management, the Department of
  221  Environmental Protection, the South Florida Water Management
  222  District, and the Fish and Wildlife Conservation Commission. In
  223  addition, the limestone limerock mining industry shall select a
  224  representative to serve as a nonvoting member of the interagency
  225  committee. At the discretion of the committee, additional
  226  members may be added to represent federal regulatory,
  227  environmental, and fish and wildlife agencies.
  228         Section 7. Section 373.4415, Florida Statutes, is amended
  229  to read:
  230         373.4415 Role of Miami-Dade County in processing permits
  231  for limestone limerock mining in Miami-Dade County Lake Belt.
  232  The department and Miami-Dade County shall cooperate to
  233  establish and fulfill reasonable requirements for the
  234  departmental delegation to the Miami-Dade County Department of
  235  Environmental Resource Management of authority to implement the
  236  permitting program under ss. 373.403-373.439 for limestone
  237  limerock mining activities within the geographic area of the
  238  Miami-Dade County Lake Belt which was recommended for mining in
  239  the report submitted to the Legislature in February 1997 under
  240  s. 373.4149. The delegation of authority must be consistent with
  241  s. 373.441 and chapter 62-344, Florida Administrative Code. To
  242  further streamline permitting within the Miami-Dade County Lake
  243  Belt, the department and Miami-Dade County are encouraged to
  244  work with the United States Army Corps of Engineers to establish
  245  a general permit under s. 404 of the Clean Water Act for
  246  limestone limerock mining activities within the geographic area
  247  of the Miami-Dade County Lake Belt consistent with the report
  248  submitted in February 1997. Miami-Dade County is further
  249  encouraged to seek delegation from the United States Army Corps
  250  of Engineers for the implementation of any such general permit.
  251  This section does not limit the authority of the department to
  252  delegate other responsibilities to Miami-Dade County under this
  253  part.
  254         Section 8. Subsection (2) of section 377.244, Florida
  255  Statutes, is amended to read:
  256         377.244 Conditions for granting permits for surface
  257  exploratory and extraction operations.—
  258         (2) The provisions of this act shall not apply to the
  259  exploration and removal from lands of peat, muck, marl,
  260  limestone, limerock, kaolin, fuller’s earth, phosphate, common
  261  clays, gravel, shell, sand, and similar substances, it being the
  262  legislative determination that the mining and extraction
  263  operations, and the grants of authority under which these
  264  activities are conducted for said substances exempted from the
  265  provisions of this act, are dissimilar from the exploratory and
  266  extraction operations and the grants of authority under which
  267  these activities are conducted for substances which come within
  268  the purview of the regulatory provisions of this act.
  269         Section 9. Subsection (17) of section 378.403, Florida
  270  Statutes, is amended to read:
  271         378.403 Definitions.—As used in this part, the term:
  272         (17) “Resource” means soil, clay, peat, stone, gravel,
  273  sand, limestone limerock, metallic ore, or any other solid
  274  substance of commercial value found in natural deposits on or in
  275  the earth, except phosphate, which is regulated by part III.
  276         Section 10. Section 378.4115, Florida Statutes, is amended
  277  to read:
  278         378.4115 County certification for limestone limerock mining
  279  in the Miami-Dade County Lake Belt.—The department and Miami
  280  Dade County shall cooperate to establish and fulfill reasonable
  281  requirements for the departmental certification of the Miami
  282  Dade County Department of Environmental Resource Management to
  283  implement the reclamation program under ss. 378.401-378.503 for
  284  limestone limerock mining activities within the geographic area
  285  of the Miami-Dade County Lake Belt which was recommended for
  286  mining in the report submitted to the Legislature in February
  287  1997 under s. 373.4149. The delegation of implementing authority
  288  must be consistent with s. 378.411 and chapter 62C-36, Florida
  289  Administrative Code. Further, the reclamation program shall
  290  maximize the efficient mining of limestone, and the littoral
  291  area surrounding the lake excavations shall not be required to
  292  be greater than 100 feet average in width.
  293         Section 11. The amendments to ss. 373.414 and 378.901,
  294  Florida Statutes, made by this act, other than the conforming of
  295  terminology, apply retroactively to any permit granted by the
  296  Department of Environmental Protection under part IV of chapter
  297  373, Florida Statutes, or part IV of chapter 378, Florida
  298  Statutes, after September 1, 2009.
  299         Section 12. This act shall take effect upon becoming a law.

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