Capital Watch 2008:

Week Five - Ending April 4
Jay Liles, FWF Policy Consultant

Florida Forever
As we reported last week in Capital Watch, the House has moved to strike all funding for Florida Forever and Everglades restoration in their 2008-09 budget recommendations. As word of this spread to activists and interest groups across the state the reaction has been predictably strong in opposition to such a move. Support for Florida Forever crosses many sectors and communities. The benefits it provides, in the way of access to our last wild places, is one of the hallmarks of Florida’s entire environmental protection program.

The Florida Wildlife Federation is among the many conservation groups that asked its members to write to House Speaker Marco Rubio and Policy and Budget Chairman Ray Sansom seeking reinstatement of the $300 million Florida Forever funding and $200 million for Everglades restoration. Our suggested letter of support reads:

Dear Speaker Rubio and Chairman Sansom:

“I ask that you reinstate the $300 million funding level for Florida Forever and $200 million for northern and southern Everglades restoration projects. We can and should support land acquisition while lands are available and it is a buyers’ market.

Public lands are an economic engine that provides the quality of life business owners want. Florida Forever has secured unique and irreplaceable jewels that make Florida a special place to work and play. These are nature’s classrooms where we and our children can reconnect with nature. The recharge of our water and the reduction of carbon that these natural spaces afford is a health benefit that cannot be measured in dollars and cents.

I ask that you restore full funding to these programs and that you support efforts to renew Florida Forever. Even in these difficult times it is an investment worth making”.

Within hours we had dozens of our activists send their personalized version of this message to Speaker Rubio and Chairman Sansom. Similar alerts are being sent by others including the Florida Forever Coalition and Audubon of Florida.

It would appear that the impact is being felt in the halls of the legislature. Rep. Will Kendrick, R-Carrabelle, Chairman of the House Conservation and State Lands committee, cautioned that the House budget figures were preliminary and that the zero funding for Florida Forever was "not reflective of our more or less commitment" to the program, he said. Rep. Stan Mayfield, R-Vero Beach, Chairman of the Environment and Natural Resources Council, also put a positive spin on the situation. "These are tough times. We are hopeful we'll eventually see Florida Forever money for next year," he said.

The Senate budget proposal reflects a more positive outlook with full funding proposed for Florida Forever but funding for the Everglades slashed to $100 million. Sen. Burt Saunders, R-Naples, who sponsored the Senate Florida Forever bill, said he was optimistic that the House and Senate could come to an agreement during conferences later in the session. "There will be money in Florida Forever," he said. However he warns that the amount may not be at the full funding level the Senate currently suggests.

Readers who wish to express your support for Florida Forever funding can visit the Florida Action Network at http://flan.e-actionmax.com/ . By linking to the “Act Now” button at the bottom of the page you can send an email to Speaker Rubio and Chairman Sansom asking them to reinstate funding. Or you can call to voice your support for Florida Forever:

House Speaker Marco Rubio
(850) 488-1450

Chairman Ray Sansom
(850) 488-1170

Your support for Florida Forever is critical and urgent. Call or write today!

Successor to Florida Forever SB 542
On April 3, 2008 the Senate Environmental Preservation and Conservation Committee passed the Senate version of the renewal program for Florida Forever with a number of amendments. (This bill is separate from the funding issue and does not address specific funding amounts). Among the changes proposed in the Senate Bill are:

• It diverts funds for purchase of conservation lands from the water management districts to the Department of Environmental Protection (DEP) though the funds would still be expended for land acquisition.
  
• An emphasis on public access and management of lands purchased under Florida Forever. The bill requires immediate funding to provide infrastructure for public access. A process for recommending additional access and management funding is proposed in the bill.
  
• Criteria for establishment of the “workplan” or list of priority lands that the DEP, Division of State Lands, would propose for purchase.
  
• Use of state lands as a refuge for imperiled species. This amendment attempts to offer state lands as refuge for the gopher tortoise. Diverting Florida Forever funding to species protection, while commendable, is a misuse of those funds and lets developers off the hook in locating other suitable habitat.
  
  

In his weekly newsletter to constituents Senate President Ken Pruitt writes:

“Florida has become a national leader in environmental preservation, in part due to the state's Florida Forever program.

One of the most successful land-buying programs in the United States, Florida Forever has resulted in the state's purchase of hundreds of thousands of acres of land. The program conserves sensitive land, restores and protects waterways and drinking water supplies, preserves important cultural and historical resources, and provides outdoor recreation opportunities such as hiking, hunting and nature study.Land which might otherwise have been bulldozed for development will be preserved, cared for, and enjoyed by Floridians for generations.

The Senate Committee on Environmental Preservation and Conservation this week unanimously approved legislation to extend the Florida Forever pro gram. Senate Bill 542 increases the bonding authority for Florida Forever, allowing the state to purchase more conservation land. The Senate's proposed budget contains $300 million in dedicated funding for Florida Forever.

This conservation program ensures that our state will continue to stand out as one of the nation's most beautiful states.”

FWF could not agree more with the Senate President’s statement. We favor a stronger program with significant funding increases over a ten year period to 2020. Because of the enormous grass roots support for Florida Forever — and the urgent need for land conservation funding in our state — more than 100 groups, businesses, and associations have now joined the Florida Forever Coalition. In addition, 38 counties have now passed resolutions in support of Florida Forever — counties that account for more than 92 percent of the state’s total residents. An additional 16 cities have passed resolutions in support.

Energy and Climate Change SB 1544/PCB ENRC 08-01
On April 2, 2008 the House Environment and Natural Resources Council passed its version of the omnibus energy and climate change legislation. Amendments to the House bill helped craft legislation that more closely mirrors that passed by the Senate Communications and Public Utilities Committee last week. A relatively weak renewable Energy Portfolio Standard (RPS) was replaced by language giving the Public Service Commission authority to recommend an RPS then send it back to the legislature for ratification. Amendments were adopted that direct the PSC to move away from the Rate Impact Measure (RIM) as the primary test for efficiency, conservation and renewables and allows the PSC to reward utilities for exceeding efficiency goals and penalize those that fail to meet the goals. These are considered major improvements to the House Bill.

SB 1544 establishes a new Energy Office under the Governor’s purview with an appointed commission to set energy policy for the state. The bill provides modest tax incentives for renewable energy equipment, improves building code standards and energy efficiency standards and establishes a rulemaking process for a state cap and trade mechanism for greenhouse gases. However, it is generally agreed that both the House and Senate bills are currently weak on their mandates to produce energy efficiency and alternate renewable energy within the timeframes of the Governor’s Executive Orders. Thus, FWF will continue to advocate for aggressive efficiency goals and a stronger commitment to sustainable energy alternatives. SB 1544 is now in the Senate General Government Appropriations Committee.

In both the House and Senate versions of this legislation amendments provide fast track permitting for electrical and gas transmission lines across state owned lands, including conservation lands purchased under Florida Forever. FWF is working with our coalition partners to establish more favorable mitigation elements and to restrict access to conservation lands as the last option. Among our concerns with the Power Plant Siting Act (PPSA) and Transmission Line Siting Act provisions of the bill is it removes the public and local governments from critical aspects of the siting process.

Authority to build transmission lines over state-owned lands typically requires the Governor and Cabinet’s approval of the conveyance of property rights to utilities for use of state-owned lands. SB 1544 grants authority to the Department of Environmental Protection to convey these rights taking elected officials (Governor and Cabinet) out of the process and directing decision making to a process without an effective venue for citizen input. Arguably, the conveyance of public lands aspect of this legislation runs counter to Article 10 Section 18 of the Florida Constitution. FWF is investigating this to determine best strategy to protect public lands and we are working with others to draft language that would remedy this concern.

Recent articles have given voice to the well founded concern that the debate over plant siting and transmission lines is really about the desire to build the next generation of nuclear plants in Florida. While FWF has not taken a position on nuclear power it is our position that ratepayers, and all Floridians, will get a much better rate of return on greater energy efficiency and that our utilities could provide much more efficiency if policymakers force regulators to compare all of the costs associated with building nuclear. That is why we support decoupling and test other than the Rate Impact Measure. When true costs are measured nuclear can’t compete with efficiency. In fact, a study by American Council for an Energy-Efficient Economy last year found that energy efficiency and conservation can save about the same amount of power as a nuclear plant could produce at about one-third the cost of nuclear power.

Ask your legislators to support legislation that moves Florida toward a reduced carbon future and away from reliance on fossil fuels. Encourage the use of renewable energy options like solar and bio-fuels.

Discourage the use of valuable public lands, purchased for conservation purposes, for energy transmission lines.

Ask them to keep citizen access to the process and approval of the Governor and Cabinet in conveyance of public lands.

Appropriations Bills
The House Policy & Budget Council held its first public hearings on the 2008-09 proposed budget on Thursday and publish the General Appropriations Bill, as amended, on Friday, April 4, 2008.

Lawmakers are poised to slash at least $3 billion to balance the state budget that covers spending for the new fiscal year beginning July 1. State economists reduced their estimates of tax revenue by $1 billion this year and about $1.9 billion in 2008-09.

The proposed $65.1 billion budget is almost 10 percent less than the current budget because of declining revenue. House Budget Chairman Ray Sansom, R-Destin, said the budget prioritizes schools, health care and public safety while taking money from environmental programs and transportation. As reported earlier, House budget negotiators have recommend no funding for Florida Forever in this years budget. FWF will be working with our allies to restore this appropriation to its previous funding or greater.

Violations in State Parks HB 261/SB 192
This bill decriminalizes many of lesser violations of State Parks rules. Penalties are established as misdemeanors and can result in ejection from the park and/or fines of up to $500.00. The following activities are identified as second degree misdemeanors under the bill:

• Cutting, carving, injuring, mutilating, moving, displacing, or breaking off any natural formation or growth within the boundaries of a state park.
  
• Capturing, trapping, injuring, or harassing wild animals within the boundaries of a state park.
  Collecting plant or animal specimens within the boundaries of a state park.
  
• Leaving the designated public roads with a vehicle within the boundaries of a state park.
  
• Hunting within the boundaries of a state park.
  
  

The intent of the bill is to bring penalties in line with the violations and to encourage judges to hold violators accountable for their actions. It is thought that this will encourage enforcement of penalties that may have been considered too harsh in the past.

Both bills have passed out of committee and placed on the Calendar in their respective chambers.

Water Quality Credit Trading Program HB 547 and CS / SB 1208
This bill would require the Department of Environmental Protection (DEP) to adopt rules to implement a water quality credit trading program. Water quality credit trading is a voluntary, market-based approach to promote protection and restoration of Florida’s rivers, lakes, streams and estuaries and would serve to enhance other voluntary, regulatory and financial assistance programs already in place.

Rulemaking for the trading would begin no later than July 1, 2008 and include the following:

1. The process to be used to determine how credits are generated, quantified, and validated.
2. A publicly accessible water quality credit trading registry that tracks water quality credits and trades and lists the prices paid for such credits.
3. Limitations on the availability and use of water quality credits, including a list of eligible pollutants or parameters and limited water quality requirements and, where appropriate, adjustments to reflect Best Management Practices, performance uncertainties and water-segment-specific location factors;
4. The time and duration of credits and allowance for credit transferability; and
5. Mechanisms for determining and ensuring compliance with trading procedures, including recordkeeping, monitoring, reporting, and inspections.

HB 547 was approved by the House Environment & Natural Resources Council and by the Policy & Budget Council unanimously and is now on 2nd reading in the House. SB 1208 was reported favorably by the Senate Environmental Preservation and Conservation Committee and will be heard in the Community Affairs Committee on April 9, 2008.

FWF has not taken a position on this bill at this time.

Hunter Safety Training Exemption for Veterans HB 819/ SB 2058
The bill provides that a resident of Florida, who is an active duty member of the Armed Forces, Reserves, or the National Guard, the Coast Guard, or Coast Guard Reserve may satisfy the course requirements of the Florida Wildlife Conservation Commission hunter safety course by successfully completing an online military hunter safety course or a hunter safety workbook and written test provided by the FWC. The three hour shooting range requirement of the traditional course is not required under the bill.

HB 819 was approved by the House Environment & Natural Resources Council and by the Policy & Budget Council and is now on the House Calendar, on second reading. SB 2058 was reported favorably out of the Senate Environmental Preservation and Conservation Committee on March 27, 2008 and is now in the General Government Appropriations Committee.

FWF supports this legislation.

Clean Oceans Act HB 897 and CS / SB 1094
The bill requires owner/operators of gambling vessels (sometimes referred to as “day cruises” or “cruises to nowhere”) to register with the Department of Environmental Protection (DEP) on an annual basis. Registration would include a schedule of the vessel’s operation in coastal waters and describe the waste treatment system of each registered vessel by type, design and operation, including the capacity of the holding tank(s).

The bill requires an owner/operator of a gambling vessel berth location to establish procedures for the release of waste from gambling vessels and to make available a waste-management service to handle and dispose of the vessel’s waste.

The bill requires the owner/operator of a gambling vessel that releases any waste into coastal waters to report that release to the DEP within 24 hours of the release.

FWF supported similar legislation in 2007 and will support this bill. Though the scope is more restrictive than in 2007, it does address the biggest threat associated with such pollution, specifically gaming industry vessels.

HB 897 was reported favorably by the Environment & Natural Resources Council and will get its next hearing in the Policy and Budget Council. SB 1094 was reported out of the Senate Environmental Preservation and Conservation Committee as a committee substitute and is now in Regulated Industries.

Fertilizer Preemption CS/HB 1267 and CS/SB 2352.
This bill attempts to thwart local government regulation of fertilizers, preempting local ordinances with a set of generic and weak “model ordinances”. It also requires all local authorities to adopt these ordinances but provides no funding to do so.

FWF has joined a coalition of environmental groups who are urging policy makers to allow local governments to retain the ability to tailor their own ordinances to address fertilizer formulations and application periods and schedules.

The bill also asserts that “Labeling Requirements for Urban Turf Fertilizers” (Rule 5E-1.003 (2), F.A.C. also known as the Urban Turf Rule is “protective of the quality of water in the state’s water bodies”. Groups, such as United Water Fowlers of Florida, dispute this finding. Their research finds that “run-off of urban turf fertilizer is killing the state’s native marsh habitat and wildlife. These bills, which preempt local control, are a backward step in getting a handle on the problem of eutrophication of our waterways”.

Water quality enhancement, impaired water body restoration, and efforts to meet TMDLs statewide would be further hampered by legislation such as HB 1267/SB 2352. Therefore, FWF is opposed to this and similar legislation as currently drafted.

CS/HB 1267 was reported favorably by both the House Agribusiness Committee (7 Yeas, 0 Nays) and the Environment & Natural Resources Council (13 Yeas, 3 Nays) and is now before the Policy and Budget Council. The Senate Agriculture Committee was similarly receptive to this bill passing it on a 6-0. Both bills are now committee substitutes. The next hearing in the Senate is before the Community Affairs Committee.

Ask your legislators to retain local control of fertilizer application to ensure local decisions protect critical water resources. Tell them to vote “NO” on CS/HB 1267 and CS/SB 2352.

Florida Springs Protection Act CS/SB 2394.
On a unanimous vote the Senate Environmental Preservation and Conservation Committee passed The Florida Springs Protection Act which takes initial steps to protect Rainbow Springs and Silver Springs in Marion County. We hope to see expansion of these protections to other first magnitude springs as resources become available.

The bill establishes the following legislative findings:

• Florida’s springs are valuable resources that provide recreational and tourism opportunities, and provide great financial benefit to local economies.
  
• Florida’s springs provide critical habitat for endangered or threatened species of plants and animals.
  The flow and water quality of Florida’s springs are direct reflections of the state’s aquifer system.
  
• Many springs are showing signs of ecological imbalance, increased nutrient loading, and lowered water flow.
  Groundwater is directly effected by land use practices through seepage from the land surface and conduits such as sinkholes.
  
• Groundwater and springs can be restored through good stewardship, effective planning strategies, best-management programs, and appropriate regulatory programs.

SB 2394 was reported favorable with CS by Environmental Preservation and Conservation and is now in Senate Community Affairs. HB 31 Creates the Florida Springs Stewardship Task Force is on the House Environment & Natural Resources Council agenda for April 9, 2008. FWF supports SB 2394 for final passage because this bill begins the process of actually protecting two important springs and, while there are any number of other critical watersheds that should be protected, it goes further than what is proposed in the HB 31.

Gopher Tortoise as State Symbol SB 1486
More than 150 college, elementary and high school students, led by Gulf Coast University’s Wing's of Hope student organization, are petitioning the Florida Legislature to make the native gopher tortoise one of the symbols of Florida. They have State Senator Bert Saunders, Chair of the Senate Environmental Preservation and Conservation Committee, on their side. The students wrote letters and drew posters to lobby state officials to name the gopher tortoise a state symbol. The top winning posters will be displayed all over Collier and Lee counties and will be featured in Florida's capital building April 21-25.

The gopher tortoise is known as a keystone species because it helps more than 300 species that share its hole and habitat. But the gopher tortoise population is steadily declining because of loss of habitat. Wing's of Hope has partnered with the Collier County Audubon Society, local students, the Florida Wildlife Federation and The Conservancy of Southwest Florida to use art and education to enhance public awareness to lobby for the gopher tortoise to become the next symbol of Florida.

After writing two long paragraphs about the gopher tortoise, its importance and its habitat, one fourth grader concluded her letter to Sen. Saunders by stating, "I am sure you can see the important and special impact these unique creatures have on our Florida environment. Please cast your vote as YES for having the gopher tortoise become one of Florida's state symbols."

SB 1486 was approved by the Senate Environmental Preservation and Conservation Committee on March 6 and is now in Governmental Operations. No House companion bill has been filed.

Rock Mining Returns as Southwest Florida Issue SB 774/ SB 2406 / PCB ENRC 08-13
As we reported previously, members of the Lee County Commission have vigorously lobbied Sen. Burt Saunders, Chair of the Environmental Protection and Conservation Committee in an attempt to stop SB 2406 in its tracks. The bill would limit local control over mining in an area of Corkscrew Swamp that for nearly 20 years has been protected because of its important water quality functions. Lee County Commissioners voted to place a moratorium on new mining operations in the area so they could complete a study that would tell them if it is possible for mining, and development, to occur without polluting or draining water resources.

On April 9, 2008 the Commissioners will have a chance to make their case to the full committee as the bill will be on the agenda of the Senate Environmental Protection and Conservation Committee. Lee Commission Chairman Ray Judah said there’s a clear connection between mining and the environment. “It’s directly related to ground and surface waters, and there’s direct impact to the surface of the land where mining takes place,” he said.

SB 774, by Senator Carey Baker, would require a two-thirds vote of a local elected board to deny a mine, while only a simple majority would be needed to approve one. The bill would force local governments to make a decision on a mining application within three months or the governor and the Cabinet would decide. That bill comes before the Senate Community Affairs Committee on the same day.

Growth Management Reforms SB 474
The news out of a University of Florida think tank is not good – Florida has the lowest growth rate in the state in 30 years. That news presents another setback in a challenging financial environment. Yet there is a silver lining here.

A slower rate of growth, while hurting profits, which affects government budgets and thus their services, can also be viewed as a chance for the state and local governments to regroup, review and revise their growth-management strategies — particularly with the crucial need to reduce carbon emissions.

Tom Pelham, secretary of Florida's Department of Community Affairs and a keynote speaker at Leon County's Climate Action Summit on Friday, has been a strong advocate of sensible growth for decades. He understands that poorly regulated growth is a short-term gain in exchange for long-term losses — and that it's important to make sure the voices of citizens aren't muted.

Pelham supports efforts like SB 474 which would eliminate all but half a dozen of the exceptions that now allow changing growth plans. Under this proposal, county governments would be allowed to amend their plans no more than once per year. If the regional planning council recommends against the changes, then local government could only pass them with a supermajority vote - four votes out of five, for instance.

Before any land-use plan changes could be considered the bill would require holding a neighborhood or community meeting to talk about them. Last minute changes to the proposed plan amendments would also be eliminated. Instead, no changes could be made less than five days before the vote.

SB 474 will be heard in the Senate Community Affairs Committee on April 9, 2008.

Wastewater Ocean Outfalls and Re-use
FWF is working with a broad coalition of ocean conservation groups who want to see the state stop further use of ocean outfalls. The coalition favors passage of legislation to close five wastewater ocean outfalls in South Florida and require reuse of millions of gallons of wastewater per day that presently flow into the Atlantic off Florida’s southeastern coast. The Senate Environmental Preservation and Conservation Committee has indicated its desire to end the practice of discarding wastewater off the coast. The sticking point is how much it may cost. Miami-Dade officials continue to object to projected infrastructure impacts that wastewater re-use may require. Environmentalist and others point out that in a region plagued by water shortages reclaimed water is essential to the long-term well being of the region, the Everglades and ultimately to the coastal zone currently being damaged by wastewater outfalls.

Currently, more than 300 million gallons of wastewater is piped offshore in ocean outfalls from Miami-Dade and Broward counties, harming the region's coastal resources and reefs. This water could be reused for irrigation, wetlands enhancements and industrial processes if it were treated to a higher standard. Currently, proposed legislation would prescribe steps to eliminate outfalls by 2025, including a prohibition on new or expanded wastewater outfalls, and eventually require advanced treatment of wastewater for reuse. Miami-Dade has asked for an additional 13 years to meet the demands of the bill.

Federal Legislation
FWF is working with the National Wildlife Federation to seek support for climate change legislation, including the Warner – Lieberman, “America’s Climate Security Act” (S. 2191), and in the U.S. House the Climate Stewardship Act (HR 620) and the Safe Climate Act (HR 1590). America’s Climate Security Act is the first bipartisan bill to address climate and energy that also contains funding for states to manage wildlife impacts. Because Florida has a State Wildlife Management Plan, Florida would be among the states to receive up-front funding.

Ask Senator Mel Martinez and your Member of Congress to sign on to one of these important climate and energy security bills. Thank Senator Bill Nelson for being a co-sponsor of this important energy and climate change initiative.

Constitutional Amendment to Grant Tax Savings for Conservation Easements
The Taxation and Budget Reform Commission has now passed both Constitutional Proposals (CP's) 15 and 16. CP 15 is the ad valorem tax exemption for real property encumbered by a perpetual conservation easement or like instrument. CP 16 provides that lands used for conservation purposes shall be assessed for ad valorem tax at the present, not highest and best, use. Both of these Constitutional Proposals were sponsored by FWC Commissioner Brian Yablonski. The proposals will be placed on the November ballot and, if approved by voters, the amendment will provide a powerful incentive for landowners to place land with water and wildlife attributes into protected status.

FWF Vice President and General Counsel Preston Robertson is among the leading advocates of this important conservation measure.

Useful Websites for Tracking Legislation:
www.leg.state.fl.us

This is the main website for the Florida Legislature with information about bills, meeting notices and contact information regarding members of the Legislature. Look to the House and Senate links for extensive coverage of all things legislative.

www.flan.e-actionmax.com

Join the Florida Action Network! Receive updates and suggested actions you can take to influence policy decisions at the state and national level.

http://thomas.loc.gov/

For information about federal legislation and Congressional action.

Jay Liles