With passage of both the House and Senate budget proposals in each chamber this week the battle to restore funding to Florida Forever and Everglades restoration now turns to the conference committee that will be appointed by the presiding officers early next week. As anticipated, the House voted no funding for Florida Forever while the Senate budget continues to reflect a "hold harmless" level of funding at $300 million. The Senate would reduce Everglades restoration funding for 2008-09 to $100 million in order to fund a northern Everglades project to restore freshwater flow to the St. Lucie and Caloosahatchee rivers. No money is going to southern Everglades projects in either budget.

Speaking for the Florida Wildlife Federation Preston Robertson, Vice President and General Counsel, told the Miami Herald, "Now is the time for Florida to acquire as much land as possible for preservation. We need to be taking advantage of the down market, now that land has a lower value, before the prices start to go back up.''

Prompted by Robertson, the Florida Fish and Wildlife Conservation Commission approved a resolution asking the House and Senate to give full funding to the Florida Forever program for this year, and to support the creation of a successor program. There was also much discussion as to how individual Commissioners could positively influence the Florida Forever issues by talking to the leadership personally.

The Florida Wildlife Federation is among those groups that has 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".

Upon appointment of the conferees for both chambers we will once again be asking you to write to those who could reinstate funding for these critical environmental programs.

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 House and Senate leaders and to your representatives asking them to reinstate funding. Or you can call to voice your support for Florida Forever:

House Speaker Marco Rubio
(850) 488-1450

Representative Ray Sansom
(850) 488-1170

Representative Dean Cannon
(850) 488-2742

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

Successor to Florida Forever SB 542/ENRC 08-09
On April 16, 2008 the Senate will take up the renewal program for Florida Forever on the Special Order Calendar. Changes proposed in the bill include:

Amendments to the House proposed committee bill (ENRC 08-09) would direct 5 percent of Department of Agriculture funds ($5 million) toward easements for working waterfronts. Though working waterfronts are an important state need, this idea moves scarce resources to projects that should be funded elsewhere. We are working with the sponsors to adopt the Senate approach.
 
Another amendment to the House proposed bill would use Florida Forever lands as a source for alternative water supply. This amendment is problematic in that these lands (and the water on and under them) are being conserved to protect the resource. Turning them into municipal water supply is a dramatic step in the wrong direction. FWF will continue to work with our allies to improve on the language.

Ask your State Senator to vote "Yes" on SB 542.

Energy and Climate Change SB 1544/HB 7135
On April 10, 2008 the Senate General Government Appropriations passed SB 1544 and sent the bill to the floor where it is calendared for a hearing by the full Senate next 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.  SB 1544 is now in the Senate General Government Appropriations Committee.

The House Environment and Natural Resources Council passed HB 7135 last week. As in the Senate version, the bill directs the Public Service Commission to recommend a Renewable Energy Portfolio Standard (RPS) to be ratified by the legislature.

Favorable amendments were adopted that direct the Public Service Commission (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.

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.

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, while the House proposal states that the Cabinet "may" delegate its authority to grant easements only.  FWF opposes taking the Governor and Cabinet out of the process and directing decision making to an agency process without effective venues for citizen input.

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 more nuclear plants in Florida. While FWF has not taken a position on nuclear power it is our position that ratepayers will get a much better rate of return from energy efficiency and that our electrical utilities could provide much more efficiency if policymakers force regulators to compare all of the costs associated with building nuclear. When true costs are measured nuclear can't compete with efficiency. That is why we support 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.

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.

Appropriations Bills HB5001/ SB 2900
Both chambers of the Florida Legislature passed appropriations acts this week. 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. Of most concern to those of us who advocate for conservation measures is the fact that the House sets aside no funding for Florida Forever, Everglades restoration or water quality improvements.

House and Senate Democrats 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. The debate over spending priorities led to a party line vote in both chambers with Democrats voting "No" on final passage.

Now that the bills have passed both chambers the presiding officers will appoint conference committee members to begin ironing out the differences between the two bills. Since no new funding can be added to any line item this means issues like Florida Forever will be funded at no more than $300 million (as in the Senate Bill) but may remain at zero funding (as in the House Bill). Typically the final number falls somewhere in between.

Hunting and Fishing License Renewal SB 1286
The Florida Fish and Wildlife Conservation Commission won the support of both the House and Senate for a long overdue revision of Florida boating registration and hunting and fishing licensure renewals. SB1286 was passed by the House with amendments that will require a conference committee to iron out differences. If it becomes law it will provide for an increase in renewals commensurate with 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.

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 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.

SB 2394 was reported favorable as a Committee Substitute by Environmental Preservation and Conservation and will be heard by the Community Affairs Committee on April 17, 2008. 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 are any number of other critical watersheds that should be protected, the Senate measure goes further than what is proposed in House bill.

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 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. On April 9 they managed to at least slow the bill down when it was clear that, as drafted, the bill would not find a favorable hearing in the committee. In a procedural move to allow the sponsors to see if they can work out a compromise the committee agreed to temporarily pass the bill without taking a vote. This means the bill could return at the next meeting of the committee which could occur as early as next week.

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.

The Federation has not taken a position on aggregate mining because each case is unique. However, SB 2406 would remove local control over important land use and environmental permitting functions. For this reason we are working with the sponsors to find language that retains local control. Without such a compromise we may be forced to speak against the bill.

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 was reported favorably by 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 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 was reported favorably by the Senate Community Affairs Committee on April 9, 2008.

Wastewater Ocean Outfalls and Re-use CS/CS /SB 1302
The Senate has placed on Calendar for final passage 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. Since the bill has no House companion measure final enactment seems unlikely for this year.

FWF supports this legislation and applauds the work of board member and Ocean Conservancy Director, David White, and Surfrider Foundation's, Erika D'Avanzo, on this good legislation.

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.

That local voice, however, has led to too many burdensome regulations for Florida farmers, said Ben Parks, a lobbyist for the Florida Farm Bureau Federation. "We were the original stewards of the land, not the environmentalists."

The Senate Agriculture Committee voted unanimously to move the bill forward. However, the bill was temporarily passed when it came up in the General Government Appropriations Committee.

FWF joins those who think local control is a better solution that is closer to the voters.

Other news:

Governor Crist Appoints Directors to South Florida Water Management Board 
Governor Crist made two new appointments to the South Florida Water Management District Board of Directors this week. They are Paul Huck Jr., a Miami attorney who recently served as general counsel to Gov. Charlie Crist and Jerry Montgomery, an executive who heads Disney's conservation programs.

The governor's appointments to the nine-member board leaves just two holdovers members named by former Governor Jeb Bush. The board oversees a powerful, and often controversial, agency that manages the water supply for 16 counties and directs Everglades restoration and cleanup. Among those the Governor asked to remain is Shannon Estenoz, an environmentalist and engineer from Plantation, was born in Key West.

Huck had previously worked for Crist in the attorney general's office, starting as regional deputy for South Florida in 2003 and later as deputy attorney general. There he oversaw a variety of cases, including Florida's ongoing water rights dispute with Georgia and Alabama.

 
Crist also appointed Robert ''Jerry'' Montgomery, 50, the vice president of conservation and environmental sustainability for Walt Disney Parks and Resorts. If approved by the state Senate, both men would serve four-year terms.

South Florida Water Management District to Address Twice-a-Week Watering
Water restriction relief could soon turn into year-round limits, requiring conservation beyond just times of drought.

The South Florida Water Management District's governing board today will consider a proposal to ease the temporary once-a-week watering limits imposed in January in favor of allowing watering twice a week.

In June, the board is expected to decide whether to make those twice-a-week limits permanent. That would be a change in philosophy and practice for water conservation in South Florida, where water restrictions are usually temporary measures imposed during droughts.

Gov. Charlie Crist's administration has called for South Florida water managers to coordinate with the state's four other districts to agree on year-round watering rules that would stretch from coast to coast, according to Carol Ann Wehle, executive director of the South Florida Water Management District. Water managers from across the state meet soon to start negotiating an agreement.

After 2006 and 2007 brought the lowest back-to-back rainfall totals on record, South Florida water managers imposed once a week watering limits for most homes and businesses across the 16-county district. Since January, the rains have returned. South Florida received above-normal rainfall in February and March. Lake Okeechobee, South Florida's primary back-up water supply, remains below normal, but hasn't taken the deep drop water managers feared could occur during the dry season that stretches from November through May. Water levels in the Everglades water conservation areas that supplement drinking water well fields in Palm Beach, Broward and Miami-Dade counties are more than a foot higher than this time last year, according to the district.

Governor Appoints New Environmental Regulation Commission Members
Governor Crist made the following appointments to the ERC:

• Donald H. Ross, 58, of Englewood, president, Earth Balance Corporation, reappointed for a term beginning April 11, 2008, and ending July 1, 2011.
  

• Rhoda Glasco-Foderingham, 61, of Coral Springs, attorney, City of Coral Springs, succeeding Marjorie G. Craig, appointed for a term beginning April 11, 2008, and ending July 1, 2009.
  

• Joseph C. Joyce, 58, of Gainesville, executive associate vice president, Institute of Food and Agriculture Services, University of Florida, succeeding Tracy D. Chapman, appointed for a term beginning April 11, 2008, and ending July 1, 2011.
  

• John A. Miklos, 37, of Orlando, president, Bio-Tech Consulting, succeeding Kenneth W. Wright, appointed for a term beginning April 11, 2008, and ending July 1, 2011.
  

• Paul C. Parks, 73, of Crawfordville, retired, succeeding Richard D. Gragg, appointed for a term beginning April 11, 2008, and ending July 1, 2011.
  
  

The Florida Wildlife Federation is pleased to see the addition of Dr. Paul Parks to the Environmental Regulation Commission. His work with FWF on Lake Okeechobee mercury levels and his understanding of the science of water quality issues have forged progressive policy for many years.

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 may 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 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 amendments 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 has been a leading advocate of these important conservation measures.

 

FWF Policy Consultant