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The Florida Statutes

The 2007 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION
Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY
View Entire Chapter
Section 337.0261, Florida Statutes 2007

337.0261  Construction aggregate materials.--

(1)  DEFINITIONS.--"Construction aggregate materials" means crushed stone, limestone, dolomite, limerock, shell rock, cemented coquina, sand for use as a component of mortars, concrete, bituminous mixtures, or underdrain filters, and other mined resources providing the basic material for concrete, asphalt, and road base.

(2)  LEGISLATIVE INTENT.--The Legislature finds that there is a strategic and critical need for an available supply of construction aggregate materials within the state and that a disruption of the supply would cause a significant detriment to the state's construction industry, transportation system, and overall health, safety, and welfare.

(3)  LOCAL GOVERNMENT DECISIONMAKING.--No local government shall approve or deny a proposed land use zoning change, comprehensive plan amendment, land use permit, ordinance, or order regarding construction aggregate materials without considering any information provided by the Department of Transportation regarding the effect such change, amendment, permit decision, ordinance, or order would have on the availability, transportation, and potential extraction of construction aggregate materials on the local area, the region, and the state. The failure of the Department of Transportation to provide this information shall not be a basis for delay or invalidation of the local government action. No local government may impose a moratorium, or combination of moratoria, of more than 12 months' duration on the mining or extraction of construction aggregate materials, commencing on the date the vote was taken to impose the moratorium. January 1, 2007, shall serve as the commencement of the 12-month period for moratoria already in place as of July 1, 2007.

(4)  EXPEDITED PERMITTING.--Due to the state's critical infrastructure needs and the potential shortfall in available construction aggregate materials, limerock environmental resource permitting and reclamation applications filed after March 1, 2007, are eligible for the expedited permitting processes contained in s. 403.973. Challenges to state agency action in the expedited permitting process for establishment of a limerock mine in this state under s. 403.973 are subject to the same requirements as challenges brought under 1s. 403.973(15)(a), except that, notwithstanding s. 120.574, summary proceedings must be conducted within 30 days after a party files the motion for summary hearing, regardless of whether the parties agree to the summary proceeding.

(5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--

(a)  The Strategic Aggregates Review Task Force is created to evaluate the availability and disposition of construction aggregate materials and related mining and land use practices in this state.

(b)  The task force shall be appointed by August 1, 2007, and shall be composed of the following 19 members:

1.  The President of the Senate, the Speaker of the House of Representatives, and the Governor shall each appoint one member from each of the following groups:

a.  The mining industry.

b.  The construction industry.

c.  The transportation industries, including seaports, trucking, railroads, or road builders.

d.  Elected officials representing counties identified by the Department of Transportation as limestone or sand resource areas. Rural, midsize, and urban counties shall each have one elected official on the task force.

e.  Environmental advocacy groups.

2.  The Secretary of Environmental Protection or designee.

3.  The Secretary of Community Affairs or designee.

4.  The Secretary of Transportation or designee.

5.  One member appointed by the Florida League of Cities, Inc.

(c)  Members of the commission shall serve without compensation. Travel and per diem expenses for members who are not state employees shall be paid by the Department of Transportation in accordance with s. 112.061.

(d)  The Department of Transportation shall organize and provide administrative support for the task force and coordinate with other state agencies and local governments in obtaining and providing such data and information as may be needed by the task force to complete its evaluation. The department may conduct any supporting studies as are required to obtain needed information or otherwise assist the task force in its review and deliberations.

(e)  The Department of Transportation shall collect and provide information to the task force relating to construction aggregate materials and the amount of such materials used by the department on state road infrastructure projects and shall provide any technical and supporting information relating to the use of such materials as is available to the department.

(f)  The task force shall report its findings to the Governor, the President of the Senate, and the Speaker of the House of Representatives by February 1, 2008. The report must identify locations with significant concentrations of construction aggregate materials and recommend actions intended to ensure the continued extraction and availability of construction aggregate materials.

(g)  The task force shall be dissolved on July 1, 2008.

History.--s. 30, ch. 2007-196.

1Note.--Redesignated as s. 403.973(14)(a) to conform to the repeal of former subsection (4) by s. 23, ch. 2007-105.

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