Capital Watch 2008:

Week Four - Ending March 28
Jay Liles, FWF Policy Consultant

The Florida Wildlife Federation was honored to have a number of its board members spend the day on Thursday, March 27 walking the halls of the Capitol and meeting with Legislators to let them know our positions on the bills we are watching this session. Special thanks to Federation Chair Steve O’Hara, Vice Chair Ann Vanek-Dasovich, Bobby Boone, Curt Kiser, James and Carol Higman, David White, Jim Schuette, Wanda Jones and NWF Field Representative Ron Warnken for making the effort to come and advocate for our concerns.

Florida Forever

At a hearing before the House Environment and Natural Resources Council on Wednesday, March 26 the Chairman of the Council, Representative Stan Mayfield, made the motion to cut all funding for Florida Forever and Everglades restoration in the 2008-09 budget recommendations to the House. Mayfield sited competing health, education and welfare needs when asked about this in a meeting with FWF leaders on Thursday, March 27. Mayfield stated that the state budget crisis is of such magnitude that drastic reductions require the Legislature to consider not funding additional land acquisitions for the foreseeable future.

In responding to Representative Mayfield, Federation Chairman Steve O’Hara, was firm in expressing our concern with not funding land acquisition and indicated that we would be encouraging our members to contact their legislators to seek their support for funding of Florida Forever at the current level of $300 million or higher, as is recommended by the Governor and Senate President. We reiterated the economic stimulus conservation lands provide in the way of eco-tourism and that prices for large tracts of highly sought after wildlife habitat are available now at the best prices we may ever see.

Our readers should recognize that members of the Legislature will usually voice support for Florida Forever (including Representative Mayfield) and we appreciate their support. However, the issue at hand is funding at adequate levels to save land in public domain before it is lost to development or prices are simply out of reach. Here we differ from Representative Mayfield in that we think the need justifies a growing funding stream and that it provides a useful economic, health and education service to the public. We hope you will agree and that you will add your voice to those who want to see Florida Forever funded at the current level of $300 million or more. Go to the Florida Action Network if you want to send an e-mail or to MyFlorida.com for more information about how to reach your legislators to ask them to fund Florida Forever.

On March 27, 2008 the Senate Environmental Preservation and Conservation Committee took up legislation which will become the vehicle for a successor program to Florida Forever if the bill passes both chambers and is signed into law. Amendments to that proposal (SB 542) would divert 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. The debate surrounding this amendment left it clear that a final decision would require additional work by all sides. In the final analysis the bill was temporarily deferred pending further hearings next week.

Under the Senate Bill, the successor program would place a renewed emphasis on public access and management of lands purchased under Florida Forever. The bill, as currently drafted, requires at least 1% of the purchase price, but not more than 10%, must be used to provide immediate public access. Additional funds can be directed at management and access costs once a land management plan is in place.

FWF and the Florida Forever Coalition favor a stronger program with significant funding increases over a ten year period to 2020. Senate staff stated that, in light of current economic conditions, senators are reluctant to fund a long-term program without assurance that revenues would be there to fund it. 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. Furthermore, another 16 cities have passed resolutions.

Please ask your legislators to increase funding for Florida Forever and to hold harmless funding of all environmental trust funds.

Energy and Climate Change SB 1544/PCB ENRC 08-01

Both the House and the Senate moved a step closer to passage of major energy and climate change legislation with a favorable vote of the Senate Communications and Public Utilities Committee and the House Environment and Natural Resources Council this week. 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.

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. It exempts power plants from undergoing a land use consistency determination by the local municipality if it adds another unit at an already existing facility that has been certified under the PPSA. Thus, there would be no hearing held with regard to how the expansion might impact local citizens. The local government would have no input on the additional unit’s impacts on zoning regulation (height, transportation, etc) or comprehensive plan requirements (especially conservation elements).

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. Under the bill, the Department of Environmental Protection would be granted authority 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.

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

On April 3, 2008 the House Policy & Budget Council is expected to hold its first public hearing on the 2008-09 proposed budget. The Policy & Budget Council will file and publish the General Appropriations Bill, as amended on Friday, April 4, 2008. Amendments offered to the General Appropriations Bill must be balanced with increases offset by equivalent or greater decreases within the same appropriation.

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.

As indicated above, 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 received favorably by the Senate Environmental Preservation and Conservation Committee on March 27, 2008 and presented to the Senate Community Affairs Committee as a committee substitute (CS/SB 1208).

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, 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 Health Regulation.

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). 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.

FWF and our allies will continue to work with the sponsors of this legislation to secure final passage of this landmark springs protection initiative.

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.

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 wasterwater 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.

Rock Mining Returns as Southwest Florida Issue SB 744/ SB 2406 / PCB ENRC 08-13

Last week, Lee County Commissioner Frank Mann sent a letter to Sen. Burt Saunders, Chair of the Environmental Protection and Conservation Committee urging Saunders to publicly state his opposition to bills sponsored by Sen. Mike Bennett and Rep. Trudi Williams, both members of the Southwest Florida delegation. The bill would limit local control over mining in an area of Lee County known for storing drinking water and containing the rock needed to build roads. This area is part of the 83,000 acre in Corkscrew Swamp that for nearly 20 years has been protected because of its water. 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 maybe more development, to occur without polluting or draining water resources.

Mann, the commission’s leader on mining, has written two letters raising concerns about the Legislation. In the first, released Monday, he called the bills an unwarranted intrusion. In the second, released Wednesday, he explains he is offended by the arrogance of the Legislature to consider eliminating the ability of the commission to make decisions affecting Lee County’s quality of life.

“I agree with Commissioner Mann that we have to be very careful about preempting local jurisdiction on land use matters. Aggregate mining is a very intense use and local government should be able to determine when and where it takes place.”Saunders said he’s not convinced the bill will or should be reviewed by his 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.

Two amendments were added to SB 774, by Senator Carey Baker, last week. One 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 other amendment would force local governments to make a decision on a mining application within three months or the governor and the Cabinet would decide.

A letter signed by Bennett and Williams asks the county work with the state instead of taking an adversarial approach. Lee Commissioner Bob Janes said he believes the county study will find a solution that works for everybody involved. He also said he does not want to ban mining. “But they’re looking at taking away local control and that’s a travesty,” he said.

(excerpt from the Naples Daily News Sunday, March 30, 2008)

http://www.naplesnews.com/news/2008/mar/30/lee-commissioner-worries-state-will-under-mine-loc/

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 twice a 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, a Citizens “Bill of Rights” 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.

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.

Constitutional Amendment to Grant Tax Savings for Conservation Easements

A proposal to exempt lands from property taxes that are placed under permanent conservation easements may be placed on the November ballot by the Taxation and Budget Reform Commission.  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