Capital Watch 2008:

Week Two - Ending March 14
Jay Liles, FWF Policy Consultant

Florida Forever
The state's premier public lands acquisition program, Florida Forever, will end in 2010 without legislative action to create a successor program. On March 12 the House Environment and Natural Resources Council began to study how to continue Florida Forever’s noble mission in these times of constrained budgets.

Preston Robertson, FWF General Counsel, appeared before the House Environment and Natural Resources Council advocating for continued funding for the Florida Forever land acquisition program and the creation of a successor program. The Council was supportive, but it is not clear whether the successor program will be incorporated into law this session or next.

In remarks last week as the legislative session opened, both Governor Charlie Crist and Senate President Ken Pruitt said they support continued funding of Florida Forever at $300 million per year and extending the land-buying program beyond 2010. Agriculture Commissioner Charles Bronson has said he wants to look for ways to boost payments to private landowners who agree to keep their property in conservation easements.

Council Chairman, Stan Mayfield, and other leaders of the House have warned that a successor program must improve the management of state lands that already have been bought by the state. Representative Will Kendrick, Chairman of the House Committee on Conservation and State Lands, said there is a lack of measurable goals, such as providing public access or environmental restoration, for state land managers. 'We've been great at buying state lands, but we do a poor job overall at managing what then becomes the taxpayer's land. Does it make sense to have someone who is elected be accountable?” he asked.

Sue Mullins, who also represents the Florida Wildlife Federation, said shifting state lands to the Division of Forestry would be going too far. “We think the agencies do a tremendous job of managing these lands with the resources they're given”' she said.

Legislative bill language is currently being drafted so no bill numbers are available at this time.

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

State Budget Cuts (HB7009)
On Wednesday, March 12 the Legislature approved $512 million in cuts to the current year's budget despite complaints from Democratic members that the Republican-controlled Legislature did not consider tapping into reserves as a way to ease the impact of the reductions.

Rep. Ray Sansom, Chair of the House Policy and Budget Council, told lawmakers they had no choice but to cut the budget right now because new revenue estimates show the state will run out of money by summer if nothing is done. 'If you vote no, we will be in a deficit,' Sansom said. But Democrats voted overwhelmingly against the budget cuts and chided Republicans for refusing to consider tapping into the state's roughly $4.5 billion in reserves.

Unfortunately, greater cuts are yet to come with new estimates showing that lawmakers may have 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. Gov. Charlie Crist signed the bill into law immediately upon receipt of the legislation, stating his support for the current year budget cuts and repeating his recommendation that lawmakers use one-time reserves to fill the deeper hole from the $4.4 billion drop in revenues in the next year's budget.

Energy and Climate Change SB 1544/PCB ENRC 08-01
Both the House Energy Committee and the Senate Environmental Preservation Committee held workshops on bills considered to be the starting point for energy legislation during this session. A bill workshop provides an opportunity for members and interest groups to raise issues that they want to see in the proposed committee bill but no final vote is taken during the discussion.

SB 1544 currently deals with energy policy governance, modest incentives for energy efficiency and renewables, improved building code standards and energy efficiency standards and a rulemaking process for a state cap and trade mechanism for greenhouse gases. FWF will advocate for these items and for additional actions that allow citizens to interconnect their renewable generation systems to the power grid and resell excess electricity back to the utilities. Among our other goals is to see that the Rate Impact Measure is dropped in favor of a test that rewards energy conservation measures. We will also be working towards the decoupling of utility profits from the sale of electricity to include incentives for utilities that exceed energy efficiency and conservation goals.

The long term agenda on energy and climate change is being shaped by two advisory groups that are meeting during the legislative session and have been wrestling with these issues for the past year. The Climate and Energy Action Team (appointed by the Governor) and the Florida Energy Commission (appointed by the Legislature) have both made recommendations to the Legislature and will continue to bring forth policy recommendations for the next year. Serving on the Climate and Energy Action team is Manley Fuller, President, Florida Wildlife Federation. Serving on the Climate Change Advisory Group to the Florida Energy Commission is Ann Vanek Dasovich, vice-chair, Board of Directors.

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.

Violations in State Parks HB 261
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.

Water Quality Credit Trading Program HB 547/ 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.

The bill 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 is in the Senate Environmental Preservation and Conservation Committee.

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

Florida Arborists Licensing HB 651 /SB 2286
The proposed legislation creates a voluntary licensure program for arborists and requires any person practicing arboriculture (selling of trees) in this state as a licensed arborist to “obey the requirements of this chapter for the well-being of the citizens of Florida”. Since this is a voluntary licensing program it is unknown how many arboricultural members would decide to become licensed and have the “Licensed Florida Arborist” designation.

The bill also provides guidelines for establishing licensing fees according to the following schedule:

• A nonrefundable licensure fee not to exceed $300;
• An annual renewal fee not to exceed $300; and
• A fee for reactivation of an inactive license not to exceed $100.

Fees collected under this chapter would go to the Incidental Trust Fund (ITF) of the Division of Forestry and be used to defray expenses associated with administration of the licensure program.

HB 651 was passed out of the House Agribusiness Committee on a 9-0 vote.

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 United States Armed Forces, Reserves, or the National Guard, the United States Coast Guard, or Coast Guard Reserve, upon submission of a valid military identification card, rather than attending a, 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. This differs from the traditional course in that the three hour shooting range requirement of the traditional course is not required.

The Bill was approved by the House Environment & Natural Resources Council. It is now in Policy & Budget Council. SB 2058 is now in Military Affairs and Domestic Security.

FWF supports this legislation.

Clean Oceans Act Favorable by Environmental Protection HB 897 / 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 owner/operator of the berth location will collect a fee to defray the costs associated with making the waste management service available to each gambling vessel.

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.

No action was taken on the following bills which were reported in our last Capital Watch:

Support efforts to increase the budget and improve operations of the Florida Fish and Wildlife Conservation Commission.
Among its many legislative priorities, the FWC will attempt to combine Chapters 370 and 372, Florida Statutes, dealing with regulation of marine fisheries and wildlife and freshwater fisheries. These are vestiges left from statutes under which the old Game and Fresh Water Fish Commission operated. According to staff, these were intended to be combined at the creation of the Fish and Wildlife Conservation Commission created in 1999. FWC believes this exercise will clarify the role and scope of the Commission by organizing its jurisdiction by subject matter. A committee proposal is now in the House Committee on Conservation and State Lands (PCB ENRC 08-02).

Support Commission efforts to once again remove the marine shoreline exemption. Current law exempts all wading anglers in saltwater or on piers from having to purchase licenses. As the law reads now, if you are in a $100 jon boat, you have to buy a license, but if you are on shore in front of your $2 million beach front home, you do not. The proposed FWC bill would still exempt those who are on public assistance. Because of the exemption, Florida loses federal matching dollars (estimated in the millions) which are now spent on wildlife conservation in other states.

Support efforts to reform the state’s growth management laws to provide fair and reasonable access for citizens.
In response to what many consider a broken and unresponsive system that tends to approve any and all changes to county comprehensive growth plans, Department of Community Affairs Secretary Tom Pelham has proposed the enactment of a “Citizen's Planning Bill of Rights.” Pelham's proposal would eliminate all but half a dozen of the exceptions that now allow changing growth plans. Under his 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, the “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.

FWF supports this kind of reform as it attempts to address the frustration with growth management that has led many Floridians to support the Hometown Democracy initiative that would bring all comprehensive plan changes to a vote.

Support legislation to establish a Florida Springs Protection Act.
FWF is working with Senator Burt Saunders and many of our conservation allies to fashion meaningful legislation to protect first magnitude springsheds. The Florida Springs Protection Act (SB 2394) takes initial steps to protect Rainbow Springs and Silver Springs. We hope to see expansion of these protections to other first magnitude springs as resources become available.

Other issues which we expect to see debated this year include:

Electric Transmission Lines on State Lands
SB 1506 by Senator Mike Bennett (R-Bradenton) will facilitate easier access to state lands for electric transmission lines. Spurred on by a proposal to build a nuclear power plant in Levy County, Florida Progress Energy is suggesting the state allow the construction of high voltage transmission lines across state conservation lands. The proposed bill would provide compensation for lands used for power lines by offering up to twice as many acres in return. Florida Progress remains open to negotiation on the best means to mitigate impacts. However, the legislation would remove the Cabinet from the siting process, a move which FWF and our conservation allies would object to as it takes our statewide elected representatives out of the decision process.

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 obvious sticking point is how much it may cost.

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. Proposed legislation will likely 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.

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.

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 and Sue Mullins, a consultant to the Federation, have been among the primary advocates for this 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