HB 1363 (2003) -  Phosphate Mining

General Bill by Paul (CO-SPONSORS) Bense
Phosphate Mining: Revises the distribution of the excise tax on the severance of phosphate rock; sets the tax rate for specified periods; revises provisions with respect to application of the tax to the total production of the producer; revises dates with respect to calculation of the base rate adjustment for phosphate rock; sets a minimum base-rate limit; provides for review of the distribution of the tax by a specified date; revises conditions under which wetlands reclamation activities for phosphate and heavy minerals mining are considered appropriate mitigation under pt. IV of ch. 373, F.S.; requires the Department of Environmental Protection to study cumulative impacts of changes in landform and hydrology in the Peace River Basin; provides study requirements; requires the department to prepare and adopt a resource management plan for the Peace River Basin; provides plan requirements; provides for submission of the plan by a specified date; authorizes the department to use specified funds from the Nonmandatory Land Reclamation Trust Fund to prepare the study and plan; authorizes the department to establish a technical advisory committee for specified purposes; requires the Department of Environmental Protection to amend the master reclamation plan that provides guidelines for the reclamation of specified lands mined or disturbed by the severance of phosphate rock and not subject to mandatory reclamation; provides additional criteria to be included in the amended master reclamation plan; clarifies provisions with respect to legislative intent to provide economic incentives for reclamation or acquisition of nonmandatory lands; revises provisions relating to the use of funds in the Nonmandatory Land Reclamation Trust Fund; deletes obsolete provisions; deletes provisions relating to the deposit and use of funds derived from registration fees under the phosphogypsum management program; revises the date after which the Department of Environmental Protection may not accept applications for nonmandatory land reclamation programs; eliminates requirements with respect to a specified report of the Bureau of Mine Reclamation; authorizes the department to petition the State Board of Administration for the issuance of bonds; sets a limit on the total amount of such bonds; provides for use of revenues derived from such bonds; authorizes specified entities to form a nonprofit corporation the purpose of which includes creating plans for and assisting in the development of recreational opportunities on lands mined for phosphate; provides composition, organization, and responsibilities of the corporation; requires a report; provides for dissolution of the corporation; provides for reversion of funds and tangible assets of the corporation; requires the Florida Institute of Phosphate Research to conduct a specified bench and pilot scale study; provides an appropriation to fund the study; provides an additional reason for the granting of a variance from pt. III of ch. 378, F.S., relating to phosphate land reclamation; creates the "Environmental Good Samaritan Act"; provides immunity from civil liability for specified persons and entities in the event of a declared actual or impending environmental emergency; provides applicability; provides civil remedy to the Department of Environmental Protection in the event that an owner or operator fails to abate a release or threatened release of any hazardous substance, pollutant, or contaminant, or abate an imminent danger to the environment or to public health, and the department expends a specified amount on such abatement; provides procedure and requirements with respect thereto; provides a third degree felony penalty for willfully, knowingly, or with reckless indifference or gross carelessness making specified distributions prior to correction of noncompliance with departmental rules requiring demonstration of financial responsibility with respect to closure of a phosphogypsum stack or stack system; provides a specified fine and term of imprisonment; provides that the failure of an owner or operator of a phosphogypsum stack system to comply with department rules requiring demonstration of financial responsibility with respect to closure may be considered by the department as evidence that a phosphogypsum stack poses an imminent hazard for purposes of initiating actions to abate or reduce the hazard; deletes provisions that provide for the refund of specified fee payments to the owner of a closed phosphogypsum stack; requires the Department of Environmental Protection, by a specified date, to initiate rulemaking to require that phosphogypsum stack system operation plans be amended to add an interim stack system management plan; provides plan requirements; requires the department, by a specified date, to initiate rulemaking to require that general plans and schedules for the closure of phosphogypsum stack systems include specified components; requires the department to revise specified administrati
Effective Date: Except as otherwise provided herein, this act shall take effect upon becoming a law
Last Event: 05/02/03 S Died in Committee on Natural Resources on Friday, May 2, 2003 6:15 PM

Referred Committees and Committee Actions

House Referrals

Senate Referrals

  • Natural Resources
  • Comprehensive Planning
  • Appropriations Subcommittee on General Government
  • Appropriations
  • Rules and Calendar

Related Bills

Bill # Subject Relationship
Bill #: CS/CS/SB 1312 Subject: Phosphate Mining Relationship: Similar
Bill #: HB 867 Subject: Phosphate Mining Relationship: Compare
Bill #: HB 1069 CS Subject: Water Resources Relationship: Compare
Bill #: HB 1365 Subject: Phosphogypsum Management Relationship: Compare
Bill #: HB 1459 Subject: Water Supplies Relationship: Compare
Bill #: SB 1722 Subject: Phosphate Mining Relationship: Compare
Bill #: CS/SB 2316 Subject: Water Supplies Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Appropriations 5/2/2003 4:46:18 PM
Chamber: House Committee: Appropriations 4/21/2003 1:01:17 PM
Chamber: House Committee: Subcommittee on Agriculture & Environment Appropriations 4/16/2003 5:03:32 PM
Chamber: House Committee: Subcommittee on Agriculture & Environment Appropriations 4/15/2003 7:35:21 PM
Chamber: House Committee: Natural Resources 4/15/2003 3:39:48 PM
Chamber: House Committee: Natural Resources 4/2/2003 8:01:49 PM
Chamber: House Committee: Subcommittee on Environmental Regulation 3/31/2003 12:07:56 PM

Vote History

Chamber Date Yeas Nays Action Action 2 Vote Detail Barcode
Chamber: House Date: 04/30/2003 08:16 PM   Yeas: 110 Nays: 1 Action: Passage Action 2: Vote Detail: Vote [Seq# 272] Barcode:

Bill History

Event Time Member Committee Ver.
Event: S Died in Committee on Natural Resources Time: 05/02/2003 - 6:15 PM Member: Committee: Version:
Event: S Received, referred to Natural Resources; Comprehensive Planning; Appropriations Subcommittee on General Government; Appropriations; Rules and Calendar -SJ 01157 Time: 05/02/2003 - 12:00 AM Member: Committee: Version:
Event: S In Messages Time: 05/01/2003 - 11:30 AM Member: Committee: Version:
Event: H Message sent to senate Time: 05/01/2003 - 10:57 AM Member: Committee: Version:
Event: H Passage on third reading Time: 04/30/2003 - 8:17 PM Member: Committee: Version:
Event: H Passed as amended; YEAS 110, NAYS 1 Time: 04/30/2003 - 8:16 PM Member: Committee: Version:
Event: H Read 3rd time Time: 04/30/2003 - 8:16 PM Member: Committee: Version:
Event: H Bill added to Third Reading Calendar Time: 04/28/2003 - 6:54 PM Member: Committee: Version:
Event: H Read 2nd time Time: 04/28/2003 - 12:28 PM Member: Committee: Version:
Event: H Bill added to Special Order Calendar (04/28/2003) Time: 04/25/2003 - 1:17 AM Member: Committee: Version:
Event: H Bill added to Second Reading Calendar Time: 04/24/2003 - 10:38 PM Member: Committee: Version:
Event: H Bill released to House Calendar Time: 04/24/2003 - 10:38 PM Member: Committee: Version:
Event: H Recommendation: CS by Appropriations ; Pending Review of CS under Rule 6.3 Time: 04/24/2003 - 5:23 PM Member: Committee: Appropriations Version:
Event: H Bill passed referred committee Time: 04/24/2003 - 5:23 PM Member: Committee: Appropriations Version:
Event: H Bill reported out of committee meeting Time: 04/24/2003 - 5:23 PM Member: Committee: Appropriations Version:
Event: H Bill added to Appropriations agenda Time: 04/18/2003 - 4:18 PM Member: Committee: Appropriations Version:
Event: H Bill now in Appropriations Time: 04/16/2003 - 5:05 PM Member: Committee: Appropriations Version:
Event: H Bill Passed referred committee with amendment(s) Time: 04/16/2003 - 5:05 PM Member: Committee: Subcommittee on Agriculture & Environment Appropriations Version:
Event: H Bill reported out of committee meeting Time: 04/16/2003 - 5:05 PM Member: Committee: Subcommittee on Agriculture & Environment Appropriations Version:
Event: H Bill now in Subcommittee on Agriculture & Environment Appropriations Time: 04/15/2003 - 4:20 PM Member: Committee: Subcommittee on Agriculture & Environment Appropriations Version:
Event: H Bill referred to Appropriations Time: 04/15/2003 - 4:20 PM Member: Committee: Appropriations Version:
Event: H Bill referred to Subcommittee on Agriculture & Environment Appropriations Time: 04/15/2003 - 4:20 PM Member: Committee: Subcommittee on Agriculture & Environment Appropriations Version:
Event: H Recommendation: CS by Natural Resources ; Pending Review of CS under Rule 6.3 Time: 04/15/2003 - 3:44 PM Member: Committee: Natural Resources Version:
Event: H Filed timely Time: 04/15/2003 - 3:44 PM Member: Committee: Natural Resources Version:
Event: H Bill passed referred committee Time: 04/15/2003 - 3:40 PM Member: Committee: Natural Resources Version:
Event: H Bill reported out of committee meeting Time: 04/15/2003 - 3:40 PM Member: Committee: Natural Resources Version:
Event: H Bill added to Subcommittee on Agriculture & Environment Appropriations agenda Time: 04/11/2003 - 3:57 PM Member: Committee: Subcommittee on Agriculture & Environment Appropriations Version:
Event: H Bill Removed from Meeting Agenda of Natural Resources Time: 04/09/2003 - 5:28 PM Member: Committee: Natural Resources Version:
Event: H Bill added to Natural Resources agenda Time: 04/08/2003 - 10:53 AM Member: Committee: Natural Resources Version:
Event: H Bill added to Natural Resources agenda Time: 04/07/2003 - 2:39 PM Member: Committee: Natural Resources Version:
Event: H Bill Passed referred committee with amendment(s) Time: 04/02/2003 - 1:19 PM Member: Committee: Subcommittee on Environmental Regulation Version:
Event: H Bill reported out of committee meeting Time: 04/02/2003 - 1:19 PM Member: Committee: Subcommittee on Environmental Regulation Version:
Event: H Bill added to Subcommittee on Environmental Regulation agenda Time: 03/31/2003 - 4:09 PM Member: Committee: Subcommittee on Environmental Regulation Version:
Event: H Bill referred to Appropriations Time: 03/11/2003 - 4:48 PM Member: Committee: Appropriations Version:
Event: H Bill referred to Subcommittee on Agriculture & Environment Appropriations Time: 03/11/2003 - 4:48 PM Member: Committee: Subcommittee on Agriculture & Environment Appropriations Version:
Event: H Bill referred to Natural Resources Time: 03/11/2003 - 4:48 PM Member: Committee: Natural Resources Version:
Event: H Bill referred to Subcommittee on Environmental Regulation Time: 03/11/2003 - 4:48 PM Member: Committee: Subcommittee on Environmental Regulation Version:
Event: H 1st Reading Time: 03/06/2003 - 12:00 AM Member: Committee: Version:
Event: H File timely Time: 03/05/2003 - 9:34 AM Member: Paul Committee: Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
211.3103
373.414 HB 1291
378.021 HB 867
378.031 HB 867
378.035 HB 1803
378.036
378.101
378.212 HB 1069 CS, HB 1459
403.0613
403.162
403.4154 HB 1365
403.4155