2008 Legislative Wrap Up

Once again, 1000 Friends of Florida played an active role during the legislative session. Thank you for your calls and emails to key legislators. Your support made a difference in helping to secure the passage of positive legislation to fund and continue Florida Forever, and halt damaging provisions, such as those included in bills related to aggregate mining. However, much remains to be done in 2009 to address growth management and other key issues. Here is a brief overview of what did and did not pass:

Neither the House (HB 7201) nor Senate (SB 474) growth management legislation passed. The Senate was close to passing legislation supported by 1000 Friends of Florida. But on second reading, several controversial amendments appeared and, in keeping them off the Senate bill, SB 474 ultimately never made it to the third and final reading. "Lost" items included additional neighborhood meetings for map amendments, the five-day "cooling off period" for changes to amendments before hearings, the supermajority vote requirement for plan amendments, the limitation on plan amendments to one cycle per year, elimination of many exemptions to the twice per year plan amendment cycles, prohibition of LPAs in communities of 10,000 or more from being the same as the elected body, improvements to the Coastal High Hazard Area (CHHA) definition, strengthened requirements for the optional development allowance within CHHAs, and the optional rural sub-element.

Some pieces of the House growth management legislation were offloaded onto SB 682 as you will see below. In addition, below are summaries of several bills that were of interest, many of which did not pass. Thanks to DCA and the SFWMD for sharing their information summaries with us. The "big" legislation that did pass was the 10 year, $3 billion successor to the Florida Forever program, $50 million for Everglades restoration, and the energy bill.

Legislation That Passed

Developments of Regional Impact (SB 1706) - This bill by Senator Margolis had several DRI waivers that included an addition/clarification of DRI extension for all related local government approvals including, but not limited to, agreements, certificates, and permits. The extension also includes any development order that was adopted between January 1, 2006 and July 1, 2007. Also included are DRI exemptions for any development within a county having a population greater than 1.25 million which is proposed for at least two uses, one of which is for use as an office or laboratory appropriate for the research and development of medical technology, biotechnology, or life science applications, is exempt from this section if:

1. The land is located in a designated urban infill area or within 5 miles of a state-supported biotechnical research facility or if a local government having jurisdiction recognizes, by resolution, that the land is located in a compact, high-intensity, and high-density multiuse area that is appropriate for intensive growth.
2. The land is located within three-fourths of 1 mile from one or more bus or light rail transit stops.
3. The development is registered with the United States Green Building Council and there is intent to apply for certification of each building under the Leadership in Energy and Environmental Design rating program, or the development is registered by an alternate green building rating system that a local government having jurisdiction finds appropriate, by resolution.

Transportation (SB 682) - On the last day of the session, language added by Rep. Cannon to this bill deals with the compatibility of lands adjacent to airports which requires an update of appropriate local future land use maps by June 20, 2011. A DRI exemption was added for "port related activities" within 3 miles of a port. DCA and the affected local government have to determine if the development is "port related". A further clarification on backlog language from last year was added further confirming that new development is not responsible for fixing backlogged facilities. Finally, FDOT was directed to develop a methodology by March 2009, that shows how DRIs can achieve a greater than 30 percent internal trip capture. This same legislation, among other things, authorizes the use of hybrid vehicles, regardless of the number of passengers, in HOV lanes.

Energy (HB 7135) - This legislation was a priority for the Governor. Among other provisions, it implements the Governor's executive orders from last year related to reduction targets for greenhouse gas emissions and the development of a regulatory rule to cap electric utility greenhouse gas emissions. There is also a requirement included for gasoline sold in Florida to contain ten percent ethanol by 2011. The Senate companion, SB 1544, contained a good amendment from Senator Constantine that called for all local and state government plans to address green house gas emission and VMT reductions. Unfortunately this provision dropped out when the House took up the Senate bill.

Florida Forever (SB 542) -- The Florida Forever program will continue for another ten years with the passage of legislation this Session. The legislation moves the program forward and, in addition to establishing a funding mechanism for working waterfronts and a number of other provisions, the legislation also redirects 5 percent of the 35 percent that water managements receive in funding to the Department of Agriculture and Consumer Services (DACS) and Florida Communities Trust (FCT). Three-and-one-half percent is directed to DACS (about $15 million) for rural and family easements, and one- and-one-half percent is directed to FCT for working waterfronts. For more information, please visit Florida Forever.

Legislation That Did Not Pass

Aggregate Mining (SB 774/SB 2406) -- Two bills related to aggregate mining died in the Senate Environmental Preservation and Conservation Committee. The concern with regard to these bills was the preemption of local government authority. These bills would have prohibited local governments from enacting or enforcing ordinances, resolutions, rules, regulations, policies or other actions that would prohibit limestone mining in certain lands that are zoned for mining. The legislation would have required a super-majority vote of the local government to deny any application for construction aggregate materials mining site approval if the applicant has received the appropriate approvals from the pertinent state agencies. There were also numerous provisions included from the Strategic Aggregates Review Task Force, including the establishment of the Strategic Aggregate Resource Assessment (SARA) which would have addressed the demand, location and relevant regulatory framework for construction aggregate materials, and the necessary infrastructure aspects for such materials.

There was an amendment to extend the life of the Strategic Aggregates Task Force to June 2009. This amendment was adopted onto Senate Bill 682, a transportation bill that did pass.

Desalination Technology (SB 708/HB 199) -- The bill would have required a study to examine all current and available desalination technologies, recognizing the need for alternative water supplies and long-term water sustainability and that desalination is one of those alternatives. DEP, in coordination with the water management districts, would have been required to issue a report on the current state of desalination and recommendations for a plan to implement desalination technology. The House version of the bill incorporated two amendments, the first that authorized the District to issue up to 50-year water use permits for certain alternative water supply projects that involve partnerships with private landowners. The other amendment addressed Florida-Friendly Landscaping, removed the word "Xeriscape" from the statute and replaced it with "Florida-Friendly Landscaping." The amendment further recognized that the use of Florida-Friendly landscaping and other measures that conserve Florida's water resources serves a compelling public interest and that the participation of homeowners' associations and local governments is essential to state water conservation efforts. The House bill passed unanimously but died in Senate messages. The original version of the bill (without the added amendments) was amended onto the water management district sunset bill (HB 7143) on the last day of session but that bill also did not pass (see below).

Expedited Permitting (SB 402/HB 147) - This would have required the Department of Environmental Protection and the water management districts to adopt programs to expedite the processing of wetland resource and environmental resource permits for certain economic development projects, died in Senate messages after being passed by the House. The legislation would have required approval or denial within 45 days after receipt of the original application, the last submittal of requested information or at the written request of the permit applicant. The District would have preferred that the legislation require approval or denial within a certain timeframe after receipt of a "completed" application and will work with the sponsors during the interim on that end. Senator Fasano filed an amendment to the growth management package to include the expedited permitting bill, but withdrew the amendment before it was debated. The growth management bill also did not pass.

"Florida Friendly" Fertilizer Ordinance (HB 1267/SB 2352) -- This legislation attempted to implement some of the recommendations of the Consumer Fertilizer Task Force, and directed the Department of Environmental Protection (DEP) to adopt the "Florida Friendly Fertilizer Use on Urban Landscapes" Model Ordinance 2 by October 1, 2008. Local governments that have adopted and implemented the model ordinance and could demonstrate that the model ordinance is not sufficiently protective may adopt additional or more stringent provisions to the model ordinance. The legislation exempted from the adoption requirement for the model ordinance a county or municipal government that adopts its own fertilizer use ordinance prior to July 1, 2008. The House bill died in the Policy and Budget Council and the Senate bill died in Community Affairs.

Rural Land Stewardship (SB 2602/HB 7151) -- The Rural Land Stewardship legislation added land used for water storage, alternative water supply or water quality enhancement to the list of lands that receive the highest number of transferable rural land use credits. It would have increased incentives available for owners who establish alternative water resource development projects within rural land stewardship areas and give priority funding under the Water Protection and Sustainability Program. It would also have provided a preference for a water use permit under s. 373.233, F.S. The Senate bill died in the Committee on Community Affairs and the House bill was heard in a workshop setting but not formally in committee.

On a side note, the Department of Community Affairs is currently in rulemaking on the Rural Land Stewardship Program and will hopefully complete that rulemaking in the near future.

Springs Protection Act & Task Force (HB 31/SB 2394 - SB 2078) -- The Florida Springs Stewardship Task Force would have created a task force to collect and inventory all existing data and to identify zones of influence for each of Florida's first magnitude springs. It would also required the identification and listing of best management practices (BMPs) for land uses in the ones of influence and identify existing and potential sources of funding for implementing the BMPs. This bill died in the Policy & Budget Council. The "Florida Springs Protection Act" would have created a pilot program for the delineation of the springsheds for Silver Springs and Rainbow Springs in Marion County. As part of the pilot program, the Department of Environmental Protection would adopt spring protection zones and propose total maximum daily loads and basin management action plans for the delineated springsheds. This bill incorporated language in two other springs bills related to the creation of a task force. Both Senate bills died in General Government Appropriations.

Stormwater/Homeowners Associations (SB 2284/HB 1153) -- Legislation requiring that prior to the dedication of stormwater management systems to homeowners' associations, the water management district or the Department of Environmental Protection (DEP) shall inspect such systems to ensure compliance with all applicable laws died in the Senate Community Affairs Committee. The bill had been amended to address concerns about impacts to water management districts and DEP associated with completing and maintaining stormwater systems that are abandoned by a homeowner's association that has dissolved or is no longer in operation. The amendment put the burden for the stormwater management system on the applicant and gave the permittee a clear path of responsibility. It also provided for financial responsibility to ensure that a stormwater management system is complete and is in compliance prior to transferring it to another entity.

Water Management District Sunset (SB 1296/HB 7143) -- The Water Management District Sunset legislation came up on the final day of the Session and a strike-all amendment was added to replace the original bill. Earlier versions of the legislation included language that re-enacted the water management districts, deleted the Oklawaha River Basin Advisory Council, and changed the licensure requirements for water well contractors. The legislation would also have required water management districts to include "appropriate substantive committee" chairs in the distribution list for tentative budget submission and provided that governing board, basin board, committees or advisory boards may conduct meetings by means of communication media technology.

The bills also would have authorized the Legislature to annually review the millage rate for each district and annually set the maximum amount of revenue authorized to be raised by each district and changed the water management districts' fiscal year to July 1 through June 30 to match the state fiscal year. The House bill included a provision to nominate members of the water management district Governing Boards with the Governor selecting from the list of nominees and the Senate still confirming the members. A strike-all amendment was adopted in the House that deleted all of the above-referenced subjects with the exception of the water well licensure requirements. The amendment added the desalination technology language (the substance of HB 199) and the District was successful in also including the WRAP language (SB2580) onto the amendment. The bill passed the House unanimously but unfortunately was not heard in the Senate before adjournment. Legislation last year extended the sunset date to 2009 so the Legislature will have another opportunity to look at this next year.

West-Central Florida Water Restoration Action Plan (WRAP) (SB 2580/HB 1415) --The District's West-Central Florida Water Restoration Action Plan was not only a budget initiative but legislation designed to enhance the visibility and long-term viability of the program by incorporating the program into statute. The bill provided intent language that recognized the resource concerns in the Southern Water Use Caution Area (SWUCA) and outlined the components of the plan that will assist in meeting the goals of the SWUCA Recovery Strategy. The legislation also required the District to annually report on the progress of the program. The Senate passed the WRAP unanimously and made it on the calendar in the House, however the bill was not heard before Session adjourned. As mentioned above, WRAP language was added to the water management district sunset bill which did pass the House but not the Senate before adjournment. The bill sponsors, Representative Mike Grant and Senator J.D. Alexander were very supportive and worked the bill hard during the last days, and we are hopeful they will file the bill again next year.