Habitat and Lands:
4/14/06: compromise language is now on the Senate bill SB2804. next stop for SB2804 is: Transportation and Economic Development Appropriations - and then the floor.
HB7121 is on the House Floor.
Posted 3/24/07: Now that the House Environmental Protection Proposed Committee Bill ENCR 12 has the local government preemption language in it we will no doubt be seeing it pop up on other bills.
Posted 3/16/07: By 3/20/07 please contact the members of the Senate Transportation Committee and tell them not to accept any amendments to this bill. Especially amendments that in any way, shape, or form, prohibit local governments from stopping lime rock mining or other forms of mining....see amendment language we don't like below...
By 3/19/07 contact the House Infrastructure committee members and tell them not to allow for the bad amendment language. Representatives Bucher and Randolph are on this committee, we have endorsed both of them.
Senator Baker is the sponsor of SB2784. He is offering a study to see what the needs are for aggregate in the near future and how impacted the availability of same will be following the outcome (Judge has not ruled yet) of the Lime Rock Law suit that Sierra lead. THIS IS A GOOD THING AND WE NEED TO MAKE SURE HE KEEPS HIS BILL CLEAN OF ANY AMENDMENTS THAT PRE-EMPT LOCAL GOVERNMENTS.
Some mining lobbyists and the FDOT have promoted a fear that the Sierra law suit will stop all mining in the Lake Belt. But according to National Sierra attorneys, that is not what has been put forth as a remedy. The mining interests are setting the stage so that they can PRE-EMPT LOCAL GOVERNMENTS FROM PROHIBITING OR PREVENTING THE CONSTRUCTION OR OPERATION OF LIMESTONE MINE ON LANDS WHERE MINING IS A PERMISSIBLE USE OR ON LANDS ZONED OR CLASSIFIED AS MINING LANDS OR AGRICULTURAL LANDS PURSUANT TO S.193.461, fs.
GOVERNOR SIGNED BILL INTO LAW
5/4/07: House concurred with Senate amendments. Mining aggregate now found in HB985.
4/24/07: Contact members of the Senate Transportation and Economic Development Appropriations committee prior to 4/24/07 and remind them the local government pre-emption and moritorium language has been agreed to and there should be no changes.
4/14/06: Contact your legislator and remind them there was a compromise to the local government pre-emption to enforce local rules and ordinances and to the moratorium. And should a different amendment surface to take it all back, that they oppose it.
3/27/07: posted from Tallahassee Report Alert:
ACTION NEEDED NOW
House Environment Council meeting WEDNESDAY 8AM. Please contact each member below and tell them to vote no on this two bills:
VOTE NO ON PCB ENRC12: Mining Aggregate legislation.
THE HOUSE ENVIRONMENT AND NATURAL RESOURCES COUNCIL PROPOSED COMMITTEE BILL ENRC12 WILL BE VOTED ON BY THE COUNCIL. This is the mining aggregate legislation that would set up a task force to study the needs of the industry to find materials, access to the materials, transportation issues, which is a good thing to do, etc. HOWEVER, ENRC12 also has the BAD local government pre-emption language that would not allow local governments to say NO to mining. CALL OR EMAIL MEMBERS NOW !!!!
Click here to read more about the bill. The BAD LANGUAGE can be found on page 3 and 4, start on line 74.
House Environment and Natural Resources Council 2007
Chairman Mayfield just found out he has cancer and is out for the time being. We wish him a speedy recovery.
Rep. Stan Mayfield (Chair) (ABESENT)
Capitol phone: 850-488-0952 firstname.lastname@example.org
District phone: 772-778-5077
District fax: 772-778-7210
Rep. Baxter Troutman (V Chair)
Capitol phone: 850-488-9465 email@example.com
District phone: 863-298-5220
District fax: 863-298-5222
Rep. Bob Allen
Capitol phone: 850-488-4669 firstname.lastname@example.org
District phone: 321-449-5111
District fax: 321-449-5113
Rep. Debbie Boyd
Capitol phone: 850-488-9835 email@example.com
District phone: 386-454-5407
District fax: 386-454-3581
Rep. Mary Brandenburg
Capitol phone: 850-488-0260 firstname.lastname@example.org
District phone: 561-540-1157
District fax: 561-540-1159
Rep. Faye Culp
Capitol phone: 850-488-2770 email@example.com
District phone: 813-272-2920
District fax: 813-272-3711
Rep. Rich Glorioso
Capitol phone: 850-488-0807 firstname.lastname@example.org
District phone: 813-757-9110
District fax: 813-757-9109
Rep. Denise Grimsley
Capitol phone: 850-488-3457 email@example.com
District phone: 863-385-5251
District fax: 863-386-6002
Rep. Will Kendrick
Capitol phone: 850-488-7870 firstname.lastname@example.org
District phone: 850-697-5115
District fax: 850-914-6289
Rep. Paige Kreegel
Capitol phone: 850-488-9175 email@example.com
District phone: 941-575-5820
District fax: 941-575-5822
Rep. Rick Kriseman
Capitol phone: 850-488-9337 firstname.lastname@example.org
District phone: 727-552-1380
District fax: 727-552-1382
Rep. Richard Machek
Capitol phone: 850-488-5588 email@example.com
District phone: 561-279-1633
District fax: 561-279-1634
Rep. Bryan Nelson
Capitol phone: 850-488-2023 firstname.lastname@example.org
District phone: 407-880-4414
Rep. Scott Randolph
Capitol phone: 850-488-0660 email@example.com
District phone: 407-893-3084
District fax: 407-893-3086
Rep. Trudi Williams
Capitol phone: 850-488-2047 firstname.lastname@example.org
District phone: 239-433-6775
District fax: 239-278-7573
Posted 3/24/07: Please begin contacting your House and Senate legislator and tell them you support the study but oppose the local government preemption.
to find your House member click here
to find your Senator, click here
There is the potential that the bad mining language amendment might go into is going in, SB 2804, even though Senator Baker has said no to it. The House companion should be Gloriosos Transportation bill, HB 985.
However, the proposed "bad" amendment language is not going to go into Senator Baker's or Representative Mike Davis's bills and they have said no to pre-emption language this year. So, if we are successful keeping it off of these bills, we will see it somewhere. And we are also striving to keep any pre-emption language preventing local governments from passing ordinances to control the use and type of fertilizers on yards, etc.
To learn more about SB2804 click here.
To learn more about SB2784 click here.
To learn more about 7121 click here.
HERE IS THE Bad language in the PCB.
378.412 Relationship with other laws.
(a) It is in the intent of the Legislature that ss. 378.202-378.805 supplement other laws regarding resource extraction. Nothing contained in such sections shall be construed to limit, abridge, or alter any agencys duties, authority, and responsibilities granted pursuant to another statute. Nothing in ss. 378.202-378.804 shall be deemed to preempt local ordinances that impose stricter reclamation standards
., provided however, no county or municipality shall enact or enforce any ordinance, resolution, regulation, rule, policy, or other action which prohibits or prevents the construction or operation of a limestone mine on lands where mining is a permissible use or on lands zoned or classified as mining lands or agricultural lands pursuant to s. 193.461, Florida Statutes.
(b) Due to the states critical infrastructure needs and the potential shortfall in available 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 s. 403.973(15)(a), except that, notwithstanding s. 120.574, summary proceedings must be conducted within 30 says after a party files the motion for summary hearing, regardless of whether the parties agree to the summary proceeding.
Since 1995 we denied only one permit because the applicant could not provide the reasonable assurances. This was the Manatee Pit.
We denied one permit because the applicant did not respond to requests for additional information. We denied one modification to a permit because the applicant was not the permittee. Only the permittee can request a modification to a permit.
There is a very similar bill in the Senate S 2784 (the same narrative is also buried in a Transportation bill also S 2804). The Senate bill basically states that there is a mining aggregate shortage in Florida and then creates a Strategic Aggregate Review Task Force (peopled in part by industry reps) that will oversee mining issues and study problems in the state.
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