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. FWF supports stronger legislation to provide for an Energy Efficiency Standard or at a minimum to direct the Public Service Commission to study an appropriate standard and return to the legislature with its recommendations in 2009.
Both the House and Senate versions of this legislation provide fast track permitting for utility transmission lines across state owned lands, including conservation lands purchased under Florida Forever. Our coalition has had some success in mitigating the impacts on conservation lands, establishing more favorable terms for land swaps and compensation for lands lost. Concerns remain on provisions of the bill that remove the public and local governments from critical aspects of the siting process.
Ask your legislators to support legislation that moves Florida toward a reduced carbon future and away from reliance on fossil fuels while encouraging the use of renewable energy options like solar and bio-fuels.
Ask your legislators to enact an Energy Efficiency Standard or direct the Public Service Commission to do so.
Update! Appropriations Bills HB5001/ SB 2900
Conferees will meet from April 17 - 22, 2008 to discuss the resolution of differences between the House and Senate budgets. Remaining issues are then left to the presiding officers to iron out. The proposed Senate budget totals $65.9 billion, while the House proposal is closer to $65.1 billion. The current year's budget is at $70 billion even with interim budget cuts already enacted.
Cuts in spending will impact a broad range of government services including the environment, healthcare and education. House and Senate Democrats have questioned many of the potential cuts, with some arguing that lawmakers should find additional taxes or tap into reserves to help avert cuts, as has been suggested by Governor Crist.
As reported above, House and Senate leadership has called for full funding of Florida Forever at $300 million. Please let these members of the Budget Conference Committee know you support this position:
Sen. Al Lawson, Jr., (850) 487-5004, lawson.alfred.web@flsenate.gov
Sen. Dave Aronberg, (850) 487-5356, aronberg.dave.web@flsenate.gov
Sen. Carey Baker, (850) 487-5014, baker.carey.web@flsenate.gov
Sen. Mike Bennett, (850) 487-5078, bennett.mike.web@flsenate.gov
Sen. Mike Haridopolos, (850) 487-5056, haridopolos.mike.web@flsenate.gov
Sen. Dennis L. Jones, (850) 487-5065, jones.dennis.web@flsenate.gov
Rep. Baxter Troutman, Phone: (850) 488-9465*
Rep. Debbie Boyd, Phone: (850) 488-9835*
Rep. Mary Brandenburg, Phone: (850) 488-0260*
Rep. Rich Glorioso, Phone: (850) 488-0807*
Rep. Denise Grimsley, Phone: (850) 488-3457*
Rep. Will Kendrick, Phone: (850) 488-7870*
Rep. Paige Kreegel, Phone: (850) 488-9175*
Rep. Steve Precourt, Phone: (850) 488-0256*
Rep. Scott Randolph, Phone: (850) 488-0660*
Rep. Tony Sasso, Phone: (850) 488-4669*
Rep. Trudi Williams, Phone: (850) 488-2047*
*To e-mail members of the House, go to www.myfloridahouse.gov, and click on the link for "E-mail Your Representative" at the top of right-hand corner of his or her page.
Ask the Budget Conferees to support full funding of Florida Forever.
Update! Hunting and Fishing License Renewal SB 1286 / HB 7059
SB 1286 calls for a long overdue revision of Florida boating registration and hunting and fishing licensure renewals. However, when presented in the House, SB1286 was passed with amendments that strip the license fees and call for civil penalties for scaring of seagrass beds or the taking of illegal wildlife or fish, which was the intent of HB 7059. Finding resolution to the differing approaches to FWC funding is the subject of an ongoing conference committee. If passed as originally drafted SB 1286 will provide for an increase in renewals adjusted to the Consumer Price Index.
The CPI adjustment will apply to vessel registration fees and hunting and fishing licenses every five years. Each year the adjustments are scheduled to go into effect the FWC is required to provide a report to the Legislature detailing how such increases will be utilized within the agency. FWC has reported its intent to use these new funds to retain 60 law enforcement officers currently being eliminated in the 2008-09 budget.
The increase in the vessel registration fees is expected to generate $10.8 million in new revenue. The FWC allocation of the increase is estimated to be $9.8 million, and the Department of Environmental Protection and Department of Agriculture and Consumer Services' revenues are estimated to increase by approximately $161,000.
Update! Aggregate Mining Hits a Road Block in the Senate SB 774/ SB 2406
A coalition of county government advocates and environmental groups, including FWF, was successful in stopping SB 2406 at the committee level. Members of the Lee County Commission had vigorously lobbied the Environmental Protection and Conservation Committee in an attempt to defeat SB 2406. On April 17 their efforts were rewarded when the bill was defeated in a 3-2 vote.
The bill would have limited 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 have placed a moratorium on new mining operations in the area so they can complete a study that will tell them if it is possible for mining to occur without polluting or draining water resources.
The Federation has not taken a position on aggregate mining because each case is unique. However, SB 2406 would have removed local control over important land use and environmental permitting functions.
Failing by a 4-2 margin was SB 774, by Senator Carey Baker, which would have required a two-thirds vote of county commissioners to deny a mine, while only a simple majority would be needed to approve one. The bill would have forced local governments to make a decision on a mining application within three months or the governor and the cabinet would decide.
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 Waterfowlers 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 HB1267/SB 1352. 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 on April 22, 2008.
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.
Local Agricultural Regulation SB 1376
The bill prohibits county governments from regulating anything farm-related that is already regulated on the state and federal level. Thus, it would eliminate a county's authority to enforce its rules that apply to farms. This means the local Environmental Protection Commissions would not be able to set rules about wetlands preservation on agricultural lands, a point of contention with county officials and environmentalists.
Supporters of SB 1376, sponsored by Sen. Charles Dean, R-Inverness, say the bill would make agriculture more economically viable for Florida farmers, who increasingly feel pressured to shut down their dairy or crops and sell to developers.
Like many counties in Florida, about 66 percent of Hillsborough County's wetlands lie on agricultural land. Wetlands provide a natural water filtration system and are home to some protected species. Hillsborough's wetlands shelter the state's largest breeding colony of roseate spoonbills and 50 percent of the state's nesting white ibis. To Lutz activist Denise Layne, the bill would make it easier for farmers to turn their land into subdivisions and strip malls, not preserve it for agriculture, because state laws governing wetlands tend to be more lax than the county's.
The Senate Agriculture Committee voted unanimously to move the bill forward. The bill has been re-scheduled for a hearing before the Senate General Government Appropriations Committee on April 22, 2008.
FWF joins those who think local control is a better solution that is closer to the voters.
Ask your State Senator to vote "No" on SB 1376
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:
SB 2394 was reported favorable as a Committee Substitute by Environmental Preservation and Conservation and passed the Community Affairs Committee on April 17, 2008. It must still clear two more committee assignments before it can reach the floor, a task which becomes more difficult as the final two weeks of session approach. HB 31, which would create the Florida Springs Stewardship Task Force, was passed out of the House Environment & Natural Resources Council on April 9, 2008 and is now in the Policy & Budget Council. FWF supports SB 2394 for final passage because this bill begins the process of actually protecting two important springs. While there many additional watersheds that should be protected, the Senate measure goes further toward that goal than what is proposed in House bill.
Growth Management Reforms SB 474
Tom Pelham, Secretary of Florida's Department of Community Affairs 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.
That is why Pelham, 1000 Friends of Florida and others support 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 was reported favorably by the Senate Community Affairs Committee and is now on the Transportation Committee agenda for April 22, 2008. Amendments are being offered that would strike the bill required supermajority vote before Comprehensive Plan amendments that are rejected by the regional planning council could be adopted. Another would delete neighborhood meetings before land-use plan changes could be considered. In return for these concessions advocates are seeking to have all exemptions to comprehensive plans removed (with few exceptions). In addition provisions allowing urban service areas to qualify for twice a year amendment cycle would be modified to provide only one opportunity to amend the plan per year.
We see SB 474 in its present form as a good first start in bettering citizen involvement in the growth management planning process. However, if the amendatory process begins to water down the effectiveness of SB 474 FWF will re-examine its position on this bill.
Wastewater Ocean Outfalls and Re-use CS/CS /SB 1302
The Senate gave final passage to CS/CS /SB 1302, a bill which would eventually 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. In a nod to Miami-Dade officials who are concerned about the potential costs of associated infrastructure, CS/SB1302 calls for an immediate halt to further construction of outfall pipes but allows south Florida counties until December of 2025 to meet all other advanced wastewater treatment requirements.
Environmentalist have argued 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.
If passed by the House and signed into law this bill would ultimately halt the pumping of over 300 million gallons of wastewater that is piped offshore in ocean outfalls from Miami-Dade and Broward counties, harming the region's coastal resources and reefs.
FWF supports this legislation and applauds the work of the coalition of groups that have fought for this legislation for a number of years. Among those who worked so hard for Senate passage are board member and Ocean Conservancy Director, David White, and Surfrider Foundation's, Erika D'Avanzo.
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. Senate Majority Leader Harry Reid has indicated the Senate will begin debate on the measure in early June.
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 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 amendments will provide a powerful incentive for landowners to place land with water and wildlife attributes into protected status.
The Taxation and Budget Reform Commission is meeting now to determine the order in which the full panel of amendments they have authorized will appear on the ballot. You can go to http://www.floridatbrc.org/index.php for a full list and detailed analysis of proposals.
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.
Join the Florida Action Network! Receive updates and suggested actions you can take to influence policy decisions at the state and national level.
For information about federal legislation and Congressional action.
