News and Announcements

FCC Members.

Today House Bill 999 passed the Legislature.  Now the bill is headed to the Governor.  This bill has no public interest, but due to the vigiligence and tireless work of individuals throughout Florida, and Conservation organizations, the worst parts have been removed. 

The language on “mean annual flood line” that would have enabled greater destruction of wetlands was removed; language on Chapter 298, water control districts that would have preempted local government regulation on well over a million acres of land, including wetlands, across Florida was removed; and a provision that would have prevented local governments from adopting and enforcing fertilizer regulations was removed. 

While this is not a bill that you would have supported, with the worst parts gone we can be proud of your tireless effort.  You made it happen.

The Florida Conservation Coalition wishes to thank the Florida Senate for its foresight and wisdom in making HB 999 far better than it was yesterday.  Many Senators on both sides pitched in to help protect Florida’s environment and public interest and we sincerely thank them.

Sincerely,

FCC

Folks,

Normally we would not intrude on your day.  But many of you have been calling or writing, and as participants in this drama, deserve to be kept up to date.

Today, on the floor of the Senate, they took up HB 999.  An amendment by Senator Altman to remove all the local wetlands regulation preemption on 298 districts was accepted.  Another Altman amendment was to strip the language calling for a  moratorium on regulation by local government of fertilizer use. 

We will write more about this tomorrow, as it is on third reading, now. These were two very important and good changes to a bill which carries nothing but favors for everyone but us!

Once again, thank you, Vicki Tschinkel

FCC Members, 

Senate Bill 1684 will go before the Senate Floor tomorrow for a final vote. This is your last chance to effect the most important environmental vote of the year!

Opposition to this destructive bill, full of toxic special interest giveaways, is spreading and recent reporting and editorials in the Tampa Bay Times, Orlando Sentinel, Ocala Star Banner, Daytona Beach News-Journal, and Tampa Tribune highlight the environmental harm to come should it pass.

The FCC has concentrated fire on two provisions in the bill and a third which might be offered as an amendment:               

·       The exemption of water control districts (often referred to as Chapter 298 Districts) from local wetland regulations.

·       Ratifying the Governor and Cabinet’s approval of 30 year leases of public lands in the Everglades to sugar companies. The purpose of this provision is to nullify a Florida Wildlife Federation suit challenging these no-bid leases.

·       An amendment to add a provision already inserted into the House version of SB 1684 (HB 999) placing a moratorium on local government regulation of fertilizer use.

The FCC believes progress has been made in the Senate toward defeating or defanging these three rollbacks of environmental protections. But this is not enough and we urge a no vote on SB 1684.

The FCC chose to take the lead, in Tallahassee and across the state, on opposing this bad legislation that weakens or eliminates over 20 environmental regulations affecting water management, air quality, environmental resource permitting, development permitting, and more. Over the past three weeks we have asked for your attention and your time, as we try to raise awareness and spark action to protect Florida’s environment. Thanks largely to your efforts the tide has begun to turn.

Today, FCC Chairman and former Florida Governor Bob Graham, and other FCC leaders, were in the Capitol meeting with key legislators asking them to oppose SB 1684. They need your help to kill this bill once and for all!

Find your Senator here then refer to the complete Senate list below for a phone number and email address. Be sure to include bill sponsor Thad Altman (altman.thad.web@flsenate.gov) on all emails. Here is a sample email you can cut and paste or, even better, write your own original message.

Dear Senator,

                Please vote no on Senate Bill 1684, which weakens or eliminates over 20 environmental regulations affecting water management, air quality, environmental resource permitting, development permitting, and more. This toxic legislation is bad for our environment, bad for our economy, and not in the best interests of your constituents. Recent reporting and editorials in the Tampa Bay Times, Orlando Sentinel, Ocala Star Banner, Daytona Beach News-Journal, and Tampa Tribune highlight the special interests behind this bill and the continued destruction of Florida’s land and water.

SB 1684 is bad politics and bad policy. Please stand with the people you represent, over special interests in Tallahassee, and vote no on SB 1684.

Sincerely,

Name

Address

FCC Members,

For the first time ever, Florida is in danger of losing part of a National Wildlife Refuge. On Thursday, May 2nd, the Volusia County Council will vote on a proposal to cut at least 150 acres out of the northern portion of the Merritt Island National Wildlife Refuge (MINWR). Project backers want to build a private space launch complex in the Refuge, even though thousands of acres of less environmentally sensitive surplus NASA lands are already available for such a facility.

The proposed removal of 150 acres from the MINWR will not only impact onsite and surrounding lands, but launches of  private space vehicles, which could occur several dozen times a year, will close public access to parts of the MINWR and Canaveral National Seashore.

Although this project effects only a small part of our state, it sets a dangerous precedent. We must remind our elected leaders, at all levels of government, to protect our public lands for the environment and our enjoyment.

We urge FCC members in the Volusia area to attend the Volusia County Council meeting, tomorrow, May 2nd and voice your objection to this proposal. The issue will be considered at 2:20 pm. If you don't live in the area, or can't attend, you can still take a stand for protecting Florida's natural lads by emailing the Volusia County Council through this Audubon Florida link.

Sincerely,

FCC

FCC Members,

Today fantastic editorials were published in the Tampa Bay Times and Ocala Star Banner opposing HB 999 and SB 1684. HB 999 passed in the House last week; SB 1684 is still awaiting a vote on the Senate floor.

Please read Assault on environment unabated and Special interests vs. public interests, then send an email to your Senator (listed below) with links to these articles and your own comments. Make sure your Senator knows that you, and thousands of other Floridians, are watching their vote on SB 1684.

Sincerely,

FCC

FCC Legislative Update April 22-26

Note: These are the Bills the FCC is following according to the FCC priorities of Water Policy and Management, and Public Lands.  Please see many of our charter and affiliate members' sites for details on other important pieces of legislation.  Their websites can be accessed by clicking on the organization's name on our home page.

HB 999 (Rep. Patronis) / SB 1684 (Sen. Altman) These terrible bills, opposed by the FCC, seek to weaken or eliminate over 20 environmental regulations affecting water management, air quality, environmental resource permitting, development permitting, and more.

HB 999 passed in the House on April 25^th by a 92-20 vote. A last minute amendment by Representative Patronis to remove wetlands exemptions for Chapter 298 districts failed and the final bill includes the wetland exemptions, threatening over 1 million acres of land and water; a moratorium on local fertilizer ordinances; and the ratification of 30-year no-bid leases on over 13,900 acres of public land to polluters in the Everglades Agricultural Area, among other terrible changes to environmental regulations across our state. 

A Committee Substitute of SB 1684, which includes all of the bad language from the House Bill except the moratorium on local fertilizer ordinances, is now on the Senate floor awaiting a second reading.

Contact your Senator and ask them to vote no on SB 1684!

The 298 Districts wetland exemption has also been added onto HB 7127, a transportation bill, which passed the House on April 25^th and is now in messages.

Environmental Appropriations – Friday evening, April 26^th, Senate and House leaders came to a compromise on most environmental appropriations for 2013. Florida Forever will receive $70 million in funding, $50 million coming from the sale of existing state lands, $10 million from general revenue, and $10 million from the Land Acquisition Trust Fund. The two chambers also agreed to spend $70 million on Everglades clean up and restoration from the Everglades Trust Fund, $58 million on water projects, $26.7 million on beach restoration projects, and $11 million to the Rural and Family Lands Program. A new line item in the House budget, $13 million for springs restoration, received no funding in the agreement.

HB 33 (Rep. Smith) / SB 466 (Sen. Altman) – Allows individuals and corporations to receive state owned land in exchange for placing permanent conservation easements over their private land holdings. This bill removes the state lands from public management, placing them back into the hands of private land owners for farming, grazing, timber and other private uses, likely resulting in the loss of public access to lands for hunting and other uses that benefit the public. This bill is opposed by the United Water Fowlers of Florida, Audubon Florida, Sierra Club, and other conservation groups.

*Both bills have been temporarily postponed in their committees, and are hopefully dead for this session.*

HB 901 (Rep. Stone) / SB 584 (Sen. Hays) – Prohibits the purchase of public conservation lands by any governmental entity unless an equal amount of public property is returned to private ownership, effectively killing the acquisition of conservation land in Florida. This bill is opposed by the FCC. See the previous FCC ACTION ALERT.

*The Florida Current reported Sen. Hays temporarily postponed SB 584, admitting that it “isn’t going to go anywhere” and is likely dead for the 2013 legislative session.* Great job to everyone who called or wrote to oppose SB 584!

SB 948 (Sen. Grimsley) / HB 1063 (Rep. Hutson) - Places the Department of Agriculture and Consumer services in a more prominent position in the water management district Regional Water Supply planning process. A new group within DACS would be established just for the purpose of providing estimates to the water management districts, which they must consider.

Several productive stakeholder meetings over the past month have changed the outlook on this bill. Senator Grimsley worked with all stakeholders to craft a fair compromise. The amended bill includes conservation measures in water supply projections, maintains a focus on alternative water supply, and recognizes the unique nature of different regions of our state.

SB 948 passed unanimously on April 26^th. It appears the House will consider SB 948 when received in messages.

HB 7065 (Rep. Caldwell) / SB 768 (Sen. Simpson) – Finds that the implementation of BMPs effectively reduces nutrients from entering the Everglades Protection Area. It extends the $25 per acre agriculture privilege tax until 2026 and then implements a phased draw down to $10 per acre from 2036 and thereafter. Instructs that tax proceeds will be used for design, construction, and implementation of the Long Term plan. States that payment of the agricultural privilege tax and implementation of BMPs fulfills the obligation of land owners and users under the Florida “polluter pays” constitutional amendment. Authorizes appropriations of $20 million from the Water Management Land Trust Fund and $12 million in general revenue for the Restoration Strategies Regional Water Quality plan through 2023-2024.

The amended HB 7065 passed the House 114-0.   The Senate has taken up the House version of the bill, which is awaiting a third reading.

HB 109 (Rep. Young) / SB 364 (Sen. Hays) – Extends the duration of Consumptive Use Permits for Development of Alternative Water Supplies from 20 to 30 years and prevents the quantity of alternative water allocated to be reduced, unless the reduction is needed to address harm to water resources or existing legal users. The FCC opposed similar language during recent Department of Environmental Protection (DEP) Rulemaking, but with the recent change by Representative Young addressing environmental harm, we are not opposing this bill.

SB 364 passed unanimously. The House has taken up SB 364 in messages.

HB 7 (Rep. Porter)/ SB 244 (Sen. Dean) – Requires Water Management Districts (WMD) to include certain water bodies in priority lists and schedules, provides for adoption of certain reservations and minimum flows by DEP, and requires WMD to apply, without rule adoption, certain reservations, minimum flows and levels, and recovery and prevention strategies. Enables WMD to enter into interagency agreements to promote interagency coordination where boundaries overlap.

SB 244 passed unanimously in the Senate. HB 7 has been added to the Calendar in the House.

HB 183 (Rep. Raulerson) / SB 934 (Sen. Lee) – Grants 20 year general permits for stormwater discharge in redevelopment and infill areas. A new committee substitute to HB 183 removes language that would have restricted stormwater regulations and presumed stormwater discharges did not affect water quality. New version requires stormwater discharges show a net improvement of the quality of discharged water from pre-existing conditions and requires best management practices.

SB 934 passed in the full Senate unanimously. HB 183 has been on the House second reading calendar for more than three weeks.

HB 4007 (Rep. Nelson) / SB 326 (Hays) - Repeals prohibition on DEP acquiring land for the cross-Florida canal - and the rest of the statute that deals with rights of refusal for counties, land owners, renters, etc., whose land had been acquired for the canal. Recognizes the need for a new road in Marion County that would cross greenway lands.

SB 326 pass the Senate unanimously. HB 4007 is on the House second reading calendar.

HB7113 (Rep. Caldwell) / SB 1806 (Committee Bill) – Allows for phased total maximum daily loads (TMDL) if additional data is necessary to increase precision and accuracy. Exempts TMDL rules from legislative ratification. Would aid in the adoption and implementation of TMDL water quality standards.

SB 1806 passed in the Senate unanimously. HB 7113 is one the second reading calendar in the House.

HB 7115 (Rep. Raburn) / SB 1808(Committee Bill) – Provides for legislative ratification of agreement between DEP and EPA for nutrient standards.

SB1808 passed the Senate 33-5 with Senators Clemens, Abruzzo, Negron, and Soto objecting. HB 7115 is on the second reading calendar in the House.

Ryan Smart

FCC Members,

*UPDATE* – This morning HB 999, a large set of special interest items thrown together in what is known as a “train” or “Christmas tree” bill, passed in the Florida House by a 92-20 vote.  If your Representative voted in favor of this bill, take a moment to call or write and express your disappointment.

A last minute amendment by Representative Patronis, that would have removed language exempting water control districts from local government wetlands regulations, failed. The final bill includes this language which threatens over 1 million acres of land and water; a moratorium on local fertilizer ordinances; and the ratification of 30-year no-bid leases on over 13,900 acres of public land to polluters in the Everglades Agricultural Area, among other terrible changes to environmental regulations across our state. This bill is bad through and through.

See the attached maps showing water control districts around the Everglades Agricultural Area and Lake Okeechobee. The districts shown here represent only a small fraction of those covering out state. Others include Ranger Drainage near Orlando, Bolles Drainage District in Hendry County, and the Fellsmere Water Control District in Indian River County. In all Florida has over 85 water control districts covering more than 1 million acres of land.

Since the FCC issued its first HB 999 / SB 1684 Action Alert on April 1st the outpouring of opposition from FCC members, and charter and affiliate organizations brought to light major environmental concerns and helped get some of the worst aspects of these bills removed or amended. Unfortunately, this morning our elected Representatives still chose special interests ahead of your interests as Floridians. It’s not surprising that a survey conducted last month by Quinnipiac University found that more than half of Florida voters disapproved of the performance of our State Legislature, while only one in four thought they were doing a good job.

The fight to protect Florida’s environment now moves to the Senate and SB 1684. Already Senators from both parties, including Dwight Bullard, Darren Soto, John Thrasher, Rob Bradley, Aaron Bean, Denise Grimsley and Jack Latvala have expressed opposition to this bill. We need to encourage these Senators to continue to represent the public interest and demand that the rest of our Senators, including bill sponsor Thad Altman, do the same.

This is our last chance to derail this legislation. Tell your Senator to VOTE NO ON SB 1684 NOW!

Talking Points:

Wetland exemptions for water control districts jeopardize over 1 million acres of land and waterin Florida.

Ratification of 30 year no-bid leases for Everglades polluters increases the cost of Everglade’s           restoration for the public and further degrades water quality in the Everglades.

Demand that prohibitions on local fertilizer regulations stay out of SB 1684.

Sincerely,

FCC

Dear FCC Members,

This alert is for all who care about Florida's environment and believe we elect our Representatives and Senators who to go to Tallahassee should fight for our interests, not sell out to the highest bidder. If you are insulted by legislation that panders to special interests, such as Senate Bill 1684 and its twin, House Bill 999, read on, for these are the worst examples of legislation that you will see.

These bills do not represent the public interest; they are for the fortunate few who can afford lobbyists to do their bidding.  Line by line, and dollar for dollar, these bills were written for those who wish to exploit our environment for personal gain.

Consider the section of the bill that nullifies a lawsuit by a conservation organization that rightfully argues that 30 year (more than a generation), no-bid leases of public land in the Everglades to the sugar industry is not in the interest of restoring the Everglades. What kind of message does this send to those who care about restoring the Glades? And what message does it send to those who believe they can tarnish our natural wonders with impunity?

Consider the section that prohibits local governments from enforcing wetland regulations in water control districts. There are scores of these districts scattered across Florida - comprising over a hundred thousand acres – which were initially permitted as long as fifty years ago and now believe they should be exempt from any further regulations. Should the legislature keep on stomping our local governments for trying to protect the environment, exercise their authority to govern and speak for their local constituents? Should companies with powerful lobbyists be able to degrade wetlands and waters from South Florida to the Panhandle?   Maybe some of our legislators should attend city and county commission meetings more often, and listen to people’s concerns about the environment that surrounds them and their quality of life.

Now, there is a 6 page amendment ready for the House floor vote on Tuesday that would preempt local governments from enacting restrictions on fertilizers; as our springs, rivers, lakes, and all the plants and wildlife that depend on them, choke on algae. Do you want this legislature taking over our local governments so fertilizer companies can protect their profits at the expense of our waters?

This is not all. These bills have many more parts, all of which are part of the special interest Christmas tree/train/smorgasbord bills that fail even the most basic tests for decent legislation in the public interest.

If you have higher principles call or email Senator Altman (850-487-5016)and Representative Patronis (850-717-5006) and write an email to the members of the Senate Appropriations Committee ...........................tell them that "we the people count too,”

Sincerely,

FCC

 FCC Legislative Update April 15-19

Note: These are the Bills the FCC is following according to the FCC priorities of Water Policy and Management, and Public Lands.  Please see many of our charter and affiliate members' sites for details on other important pieces of legislation.  Their websites can be accessed by clicking on the organization's name on our home page.

HB 999 (Rep. Patronis) / SB 1684 (Sen. Altman) These terrible bills, opposed by the FCC, seek to weaken or eliminate over 20 environmental regulations affecting water management, air quality, environmental resource permitting, development permitting, and more.

This week new strike-all amendments were adopted in the House and Senate that address several of the FCC’s main concerns by eliminating sections restricting the ability of the Department of Environmental Protection to regulate and protect certain water courses and wetlands as part of environmental resource permitting (“mean annual flood line” definition) and limiting restrictions on water management districts from reducing water allocations to only when additional water comes available because of new, privately funded, desalination plants. (The FCC continues to oppose this language. Any restrictions on water management district permitting authority continues the disturbing trend towards privatization of water and away from adaptable water management to meet the needs of the public and our natural resources.)

Although improvements have been made in some areas, this bill still moves our state in the wrong direction.

This legislation continues to restrict the ability of our cities and counties to regulate development, groundwater wells, and wetlands. At the House State Affairs Committee meeting, a representative from Orange County spoke in opposition to a portion of the bill exempting water control districts from wetlands regulations. She testified that if made law, this change would not only jeopardize wetlands in Orange County, but allow the unregulated pollution and degradation of wetlands throughout the state. 

In addition, an amendment was added to ratify the no-bid, 30 year leases of state lands recently given to major Everglades polluters in the Everglades Agricultural Area; this amendment only serves to legislatively nullify a lawsuit against the Governor and Cabinet for approving these bad leases. An additional proposed amendment, which was not adopted but may reappear, bans local governments from restricting fertilizer use. We must keep vigilant and make sure that this important local tool for protecting water quality is not eliminated.

HB 999 may go to the House Floor for a final vote as early as next week. SB 1684 will be heard in the Senate Appropriations Committee, its final Committee stop, on Tuesday, April 23^rd.

Contact your legislators and ask them to vote no on HB 999/SB 1684!


HB 33 (Rep. Smith) / SB 466 (Sen. Altman) – Allows individuals and corporations to receive state owned land in exchange for placing permanent conservation easements over their private land holdings. This bill removes the state lands from public management, placing them back into the hands of private land owners for farming, grazing, timber and other private uses, likely resulting in the loss of public access to lands for hunting and other uses that benefit the public. This bill is opposed by the United Water Fowlers of Florida, Audubon Florida, Sierra Club, and other conservation groups.

*Both bills have been temporarily postponed in their committees, and are hopefully dead for this session.*

HB 901 (Rep. Stone) / SB 584 (Sen. Hays) – Prohibits the purchase of public conservation lands by any governmental entity unless an equal amount of public property is returned to private ownership, effectively killing the acquisition of conservation land in Florida. This bill is opposed by the FCC. See the previous FCC ACTION ALERT.

*The Florida Current reported Sen. Hays temporarily postponed SB 584, admitting that it “isn’t going to go anywhere” and is likely dead for the 2013 legislative session.* Great job to everyone who called or wrote to oppose SB 584!

SB 948 (Sen. Grimsley) / HB 1063 (Rep. Hutson) - Places the Department of Agriculture and Consumer services in a more prominent position in the water management district Regional Water Supply planning process. A new group within DACS would be established just for the purpose of providing estimates to the water management districts, which they must consider.

Several productive stakeholder meetings over the past month have changed the outlook on this bill. Senator Grimsley worked with all stakeholders to craft a fair compromise. The amended bill includes conservation measures in water supply projections, maintains a focus on alternative water supply, and recognizes the unique nature of different regions of our state.

SB 948 was voted out of the Senate Appropriations Committee unanimously and is scheduled for a vote on the Senate Floor on Thursday, April 25^th. HB 1063, which contains similar language to the amended SB 948, is waiting for a hearing in the Agricultural and Natural Resources Appropriations Subcommittee.

HB 7065 (Rep. Caldwell) / SB 768 (Sen. Simpson) – Finds that the implementation of BMPs effectively reduces nutrients from entering the Everglades Protection Area. It extends the $25 per acre agriculture privilege tax until 2026 and then implements a phased draw down to $10 per acre from 2036 and thereafter. Instructs that tax proceeds will be used for design, construction, and implementation of the Long Term plan. States that payment of the agricultural privilege tax and implementation of BMPs fulfills the obligation of land owners and users under the Florida “polluter pays” constitutional amendment. Authorizes appropriations of $20 million from the Water Management Land Trust Fund and $12 million in general revenue for the Restoration Strategies Regional Water Quality plan through 2023-2024.

The amended HB 7065 passed the House 114-0.   Senate Bill 768 by Senator Simpson unanimously passed the Senate Appropriations Committee and is scheduled for a vote on the Senate floor on Wednesday April 24^th.

HB 109 (Rep. Young) / SB 364 (Sen. Hays) – Extends the duration of Consumptive Use Permits for Development of Alternative Water Supplies from 20 to 30 years and prevents the quantity of alternative water allocated to be reduced, unless the reduction is needed to address harm to water resources or existing legal users. The FCC opposed similar language during recent Department of Environmental Protection (DEP) Rulemaking, but with the recent change by Representative Young addressing environmental harm, we are not opposing this bill.

SB 364 passed unanimously. HB 109 has been placed on the House Calendar.

HB 7 (Rep. Porter)/ SB 244 (Sen. Dean) – Requires Water Management Districts (WMD) to include certain water bodies in priority lists and schedules, provides for adoption of certain reservations and minimum flows by DEP, and requires WMD to apply, without rule adoption, certain reservations, minimum flows and levels, and recovery and prevention strategies. Enables WMD to enter into interagency agreements to promote interagency coordination where boundaries overlap.

SB 244 passed unanimously in the Senate. HB 7 has been added to the Calendar in the House.

HB 183 (Rep. Raulerson) / SB 934 (Sen. Lee) – Grants 20 year general permits for stormwater discharge in redevelopment and infill areas. A new committee substitute to HB 183 removes language that would have restricted stormwater regulations and presumed stormwater discharges did not affect water quality. New version requires stormwater discharges show a net improvement of the quality of discharged water from pre-existing conditions and requires best management practices.

SB 934 passed in the full Senate unanimously. HB 183 has been added to the House Calendar.

HB 4007 (Rep. Nelson) / SB 326 (Hays) - Repeals prohibition on DEP acquiring land for the cross-Florida canal - and the rest of the statute that deals with rights of refusal for counties, land owners, renters, etc., whose land had been acquired for the canal. Recognizes the need for a new road in Marion County that would cross greenway lands.

SB 326 pass the Senate unanimously. HB 4007 was placed on the House Calendar.

HB7113 (Rep. Caldwell) / SB 1806 (Committee Bill) – Allows for phased total maximum daily loads (TMDL) if additional data is necessary to increase precision and accuracy. Exempts TMDL rules from legislative ratification. Would aid in the adoption and implementation of TMDL water quality standards.

HB 7113 passed the State Affairs Committee unanimously on Tuesday, April 16^th and has been placed on the House Calendar. SB 1806 is awaiting a third reading and final vote in the Senate.

HB 7115 (Rep. Raburn) / SB 1808 (Committee Bill) – Provides for legislative ratification of agreement between DEP and EPA for nutrient standards.

HB 7115 is waiting for a second reading on the House Floor. SB1808 will soon come before the full Senate for a vote.

Environmental Appropriations – The House and Senate have begun conferencing on 2013-2014 budget appropriations.

The Florida Senate has proposed $70 million for Everglades protection and restoration, including funds for Best Management Practices. $40 million comes from the Water Management Lands Trust Fund, $18 million from the Land Acquisition Trust Fund, and $12 million in General Revenue. The House, in contrast, has only proposed $32 million for Everglades projects, including $20 million from the Water Management Land Trust Fund and $12 million in General Revenue.

Florida Forever appropriations have also been updated. The House Budget fulfills Governor Scott’s funding request by allocating $25 million from general revenue and $50 million in proceeds from surplus land sales. The House Budget also provides $25 million for the Rural and Family Lands Protection Program. The Senate Budget falls short, only allocating $10 million from the Florida Forever Trust Fund and $50 million from the proceeds of surplus land sales. It also includes $2 million for the Rural and Family Lands Trust Fund. The Senate version requires that the $10 million from the Florida Forever Trust Funds be used for military base buffer zones.

The House has proposed $48 million for water projects, compared to only $24 million in the Senate.

*UPDATE* -  - A new strike-all amendment to House Bill 999, which would eliminate or weaken over 20 environmental laws and is strongly opposed by the FCC, received a favorable vote out of the House State Affairs Committee on Tuesday, April 16^th.

However, your calls and emails are making an impact. The latest version of HB 999 addresses several of the FCC’s main concerns. The strike-all amendment eliminates sections restricting the ability of the Department of Environmental Protection to regulate and protect certain water courses and wetlands as part of environmental resource permitting (“mean annual flood line” definition);removes several sections concerning Department of Agriculture and Consumer Services water supply planning;  excludes building permits from the limitations on county and city requests for additional information; and restricts water management districts from reducing water allocations only when additional water comes available because of new, privately funded, desalination plants. (The FCC continues to oppose this language. Any restrictions on water management district permitting authority continues the disturbing trend towards privatization of water and away from adaptable water management to meet the needs of the public and our natural resources.)

Although improvements have been made in some areas, this bill still moves our state in the wrong direction.

This legislation continues to restrict the ability of our cities and counties to regulate development, groundwater wells, and wetlands. At the House State Affairs Committee meeting, a representative from Orange County spoke in opposition to a portion of the bill exempting water control districts from wetlands regulations. She testified that if made law, this change would not only jeopardize wetlands in Orange County, but allow the unregulated pollution and degradation of wetlands throughout the state.  She is right.

As we warned in our first alert about HB 999, more and more special interests are trying to get their projects onto the train. On April 16th, in the House State Affair Committee, an amendment was added to ratify the no-bid, 30 year leases of state land recently given to major Everglades polluters in the Everglades Agricultural Area; this amendment only serves to legislatively nullify a lawsuit against the Governor and Cabinet for approving these bad leases.

On April 17th, an amendment proposed by Senator Simpson brought Senate Bill 1684 in-line with the most recent House strike-all amendment discussed above, including the ratification of Everglades leases. The amendment passed unanimously.

SB 1684 will be heard next by the Senate Appropriations Committeee.

The FCC continues to oppose HB 999 and SB 1684, not only because they will harm our environment and economy, but because they represent the worst in our political process. Signed, sealed, and delivered by special interest lobbyists, this legislation requires major changes to state environmental law so clients as small as individual corporations can avoid sensible and proven regulations to protect our environment and natural resources. The bills lack a coherent theme or focus and read more like a special interest wish-list than respectable legislation. In fact, the title alone of HB 999 is over 700 words long, requiring three full pages, and listing 40 different areas of law to be changed.

We must draw a line in the sand, and tell our elected representatives that a vote for these bills is an example of a vote for special interests and a vote against good stewardship of Florida’s natural resources.

Call your elected representatives and tell them to stand with you by opposing these bills.

Sincerely,

FCC

     FCC Legislative Update April 8-12

Note: These are the Bills the FCC is following according to the FCC priorities of Water Policy and Management, and Public Lands.  Please see many of our charter and affiliate members' sites for details on other important pieces of legislation.  Their websites can be accessed by clicking on the organization's name on our home page.

HB 999 (Rep. Patronis) / SB 1684 (Sen. Altman) These terrible bills, opposed by the FCC, seek to weaken or eliminate over 20 environmental regulations affecting water management, air quality, environmental resource permitting, development permitting, and more.

On Wednesday, April 10^th, House Sponsor Jimmy Patronis held a stakeholder meeting in the Capitol that was attended by a handful of FCC leaders and many powerful special interest lobbyists who had a hand in writing these bills. At the conclusion of the meeting Rep. Patronis announced that a new version of HB 999 would be drafted addressing some of the concerns raised by the stakeholders that day.

On Thursday, April 11^th, a Committee Substitute (CS) for HB 999 was introduced. Unfortunately, this “new” bill is not only more of the same, but worse. One particularly alarming section eliminates the existing authority of water management districts to reduce groundwater allocations because of the availability of water from a drought resistance source (such as desalination, reclaimed water, aquifer storage and recovery, etc.). Another section of concern contains a definition of “Mean Annual Flood Line”, which relates to Ordinary High Water Line, and reduces the state’s ability to protect wetlands. The bill also contains language that would limit County and City requests for additional information for development permits, eliminate the requirement that public marinas attain Clean Program Marina status in order to be exempt from review as developments of regional impact, and restrict water quality testing.  

The previous language concerning water supply planning by the Department of Agriculture and Consumer Service and recycling has been removed in the new Committee Substitute, reducing the bill to a mere 30 pages.

HB 999 will go in front of the House State Affairs Committee on Tuesday, April 16^th.  SB 1684 will be heard by the Senate General Government Appropriations Subcommittee on Wednesday, April 17^th. 

Contact your legislators and ask them to vote no on HB 999/SB 1684!

HB 33 (Rep. Smith) / SB 466 (Sen. Altman) – Allows individuals and corporations to receive state owned land in exchange for placing permanent conservation easements over their private land holdings. This bill removes the state lands from public management, placing them back into the hands of private land owners for farming, grazing, timber and other private uses, likely resulting in the loss of public access to lands for hunting and other uses that benefit the public. This bill is opposed by the United Water Fowlers of Florida, Audubon Florida, Sierra Club, and other conservation groups.

*Both bills have been temporarily postponed in their committees, and are hopefully dead for this session.*

HB 901 (Rep. Stone) / SB 584 (Sen. Hays) – Prohibits the purchase of public conservation lands by any governmental entity unless an equal amount of public property is returned to private ownership, effectively killing the acquisition of conservation land in Florida. This bill is opposed by the FCC. See the previous FCC ACTION ALERT.

*The Florida Current reported Sen. Hays temporarily postponed SB 584, admitting that it “isn’t going to go anywhere” and is likely dead for the 2013 legislative session.* Great job to everyone who called or wrote to oppose SB 584!

SB 948 (Sen. Grimsley) / HB 1063 (Rep. Hutson) - Places the Department of Agriculture and Consumer services in a more prominent position in the water management district Regional Water Supply planning process. A new group within DACS would be established just for the purpose of providing estimates to the water management districts, which they must consider.

Several productive stakeholder meetings over the past three weeks have changed the outlook on this bill. Senator Grimsley worked with all stakeholders to craft a fair compromise. The amended bill includes conservation measures in water supply projections, maintaining a focus on alternative water supply, and recognizing the unique nature of different regions of our state.

SB 948 has been referred to the Senate Appropriations Committee, likely its last stop before the Senate floor. HB 1063, which contains similar language to the amended SB 948, is waiting for a hearing in the Agricultural and Natural Resources Appropriations Subcommittee.

HB 7065 (Rep. Caldwell) / SB 768 (Sen. Simpson) – Finds that the implementation of BMPs effectively reduces nutrients from entering the Everglades Protection Area. It extends the $25 per acre agriculture privilege tax until 2026 and then implements a phased draw down to $10 per acre from 2036 and thereafter. Instructs that tax proceeds will be used for design, construction, and implementation of the Long Term plan. States that payment of the agricultural privilege tax and implementation of BMPs fulfills the obligation of land owners and users under the Florida “polluter pays” constitutional amendment. Authorizes appropriations of $20 million from the Water Management Land Trust Fund and $12 million in general revenue for the Restoration Strategies Regional Water Quality plan through 2023-2024.

The amended HB 7065 passed the House 114-0.   Senate Bill 768 by Senator Simpson has been amended to align it with HB 7065 and will be heard next in the Senate Appropriations Committee.

HB 109 (Rep. Young) / SB 364 (Sen. Hays) – Extends the duration of Consumptive Use Permits for Development of Alternative Water Supplies from 20 to 30 years and prevents the quantity of alternative water allocated to be reduced, unless the reduction is needed to address harm to water resources or to existing legal users. The FCC opposed similar language during recent Department of Environmental Protection (DEP) Rulemaking, but with the recent change by Representative Young addressing environmental harm, we are not opposing this bill.

SB 364 passed unanimously last week. HB 109 has been placed on the House Calendar.

HB 7 (Rep. Porter)/ SB 244 (Sen. Dean) – Requires Water Management Districts (WMD) to include certain water bodies in priority lists and schedules, provides for adoption of certain reservations and minimum flows by DEP, and requires WMD to apply, without rule adoption, certain reservations, minimum flows and levels, and recovery and prevention strategies. Enables WMD to enter into interagency agreements to promote interagency coordination where boundaries overlap.

SB 244 passed unanimously in the Senate. HB 7 has been added to the Second Reading Calendar in the House.

HB 183 (Rep. Raulerson) / SB 934(Sen. Lee) – Grants 20 year general permits for stormwater discharge in redevelopment and infill areas. A new committee substitute to HB 183 removes language that would have restricted stormwater regulations and presumed stormwater discharges did not affect water quality. New version requires stormwater discharges show a net improvement of the quality of discharged water from pre-existing conditions and requires best management practices.

SB 934 passed in the full Senate unanimously. HB 183 has been added to the House second reading calendar.

HB 4007 (Rep. Nelson) / SB 326 (Hays) - Repeals prohibition on DEP acquiring land for the cross-Florida canal - and the rest of the statute that deals with rights of refusal for counties, land owners, renters, etc., whose land had been acquired for the canal. Recognizes the need for a new road in Marion County that would cross greenway lands.

SB 326 pass the Senate unanimously. HB 4007 was placed on the House Calendar.

HB7113 (Rep. Caldwell) / SB 1806 (Committee Bill) – Allows for phased total maximum daily loads (TMDL) if additional data is necessary to increase precision and accuracy. Exempts TMDL rules from legislative ratification. Would aid in the adoption and implementation of TMDL water quality standards.

HB 7113 is on the State Affairs Committee agenda for Tuesday, April 16^th. SB 1806 is on the Special Order Calendar for the full Senate the same day.

HB 7115 (Rep. Raburn) / SB 1808(Committee Bill) – Provides for legislative ratification of agreement between DEP and EPA for nutrient standards.

HB 7115 is waiting for a second reading on the House Floor. SB1808 is on the Special Order Calendar for the Full Senate on Tuesday, April 16^th.

Florida Forever and Everglades Appropriations – As part of the compromise on HB 7065, $32 million has been allocated for Everglades water quality improvements. This includes $12 million in general revenue fund and a $20 million from the Water Management Lands Trust Fund.

Florida Forever appropriations were released this week from the House and Senate. The House Budget fulfills Governor Scott’s funding request by allocating $25 million from general revenue and $50 million in proceeds from surplus land sales. The Senate Budget falls short, only allocating $10 million from the Florida Forever Trust Fund and $50 million from the proceeds of surplus land sales. Requires that $10 million from Florida Forever Trust Fund be used to purchase lands buffering military bases.

  Ryan Smart