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08
May 08
2008 Legislative Wrap Up
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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.
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.
For more information on 1000 Friends of Florida, please visit
www.1000friendsofflorida.org.
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07 May 07 Your Legislature at work.........you
win some, you lose some |
Crist agenda takes a hit
Smiles aside, several of the governor's opening initiatives were ignored or
slashed.
TALLAHASSEE - Ever the optimist, Gov. Charlie Crist never misses a chance to
praise legislators for "incredible" work.
He did it when they passed an "antimurder" bill, a new teacher bonus program and
paper trails in elections. Even when they stumbled over property taxes, Crist
gave them an A for effort. But in the session that ended Friday,
legislators didn't always return the compliments.
Despite Crist's 77 percent approval rating and an uncommon goodwill throughout
the Capitol, lawmakers rejected or watered down several Crist initiatives and
reduced or rejected money for others.
To be sure, Crist got much of what he requested, including an insurance rate
freeze extension, a 6.5 percent school spending hike, restoration projects for
rivers, the Everglades and Lake Okeechobee and more money to lure businesses to
Florida.
But Crist's sunny optimism can't hide the fact that several of his priorities
were rejected by his fellow Republicans.
They included a stockpile of antiviral flu drugs, stem cell research grants,
mandatory civics education in public schools and
across-the-board pay raises for state employees.
When Crist demanded action, such as cracking down on probation violators or
requiring paper trails, he often got results. When he took a low-key,
deferential approach, lawmakers sometimes reacted with
indifference. But Crist doesn't mind.
"I respect their right to do it. If I got offended by everybody not doing
exactly what I want to do, I wouldn't be a very fun guy," Crist said. "I'm not
the king. I'm just the governor."
Crist counts as a major victory the mandate for paper-trail voting equipment to
replace touch screens. But lawmakers refused to ante up the money, so federal
funds will be used.
"He had a rough session, " said Rep. Jack Seiler, a Fort Lauderdale Democrat and
a Crist admirer. "But I don't think that was his fault."
Seiler said parts of Crist's centrist agenda faced resistance from conservative
Republicans or from House staffers who had strong ideological ties with former
Gov. Jeb Bush.
One such example is Crist's request for $20-million for medical research using
adult stem cells, or other stem cells that wouldn't require destroying a human
embryo.
Although Crist's call for the funding was hailed across the ideological spectrum
as a sensible way to move forward on stem cell research, the House stripped out
any money for such projects.
No governor ever gets everything he seeks. But Crist's predecessor, Jeb Bush,
practically wrote the script in his first legislative
session in 1999, easily winning $1-billion in tax cuts, a grading system for
public schools and the nation's first statewide school voucher program.
The times were different. Bush had just wrested control of the Governor's
Mansion after eight years of Democratic rule and he enjoyed delving into the
deepest details of policy. As the years went by, Republicans chafed at
what they felt was Bush's heavy-handed style in dealing with the
Legislature.
Crist is well-liked by lawmakers, but after the Bush years they seem eager to
reassert their independence from the executive branch.
"The Legislature was beaten up by Jeb Bush in a lot of ways, " said lobbyist Ron
Book. "But Charlie Crist will get plenty of what he wants and he'll get what he
needs."
Lawmakers blamed the trimming of Crist's budget priorities on tight fiscal times
caused by a slide in tax collections, not any
philosophical disagreements.
"When you have a billion dollars less after the governor puts his budget out,
that has an effect on a lot of initiatives," said Senate President Ken Pruitt,
R-Port St. Lucie.
Lawmakers still found hundreds of millions of dollars for projects in their
hometowns, largely one-time expenditures for parks, water systems, courthouse
renovations and anticrime programs. They paid for them using one-time money,
which is largely not allowed for continuing programs. They also socked away more
than $1-billion in the state's rainy day fund.
An unusual set of political dynamics resulted in Democrats praising Crist's
priorities, and criticizing Crist's fellow Republicans for falling short, as in
the case of providing bonuses for state workers but no raises.
"If he Crist could factor it into his budget, we could have factored it into
ours, instead of giving state employees what's left over," said Rep. Curtis
Richardson, D-Tallahassee, who represents tens of
thousands of state workers.
A few of Crist's forceful policy pronouncements became faint echoes as the 2007
session drew to a close Friday.
For example, in his inaugural address on Jan. 2, Crist listed as a priority
"quality, affordable, accessible health care" for all
Floridians. A bill that would have expanded access to KidCare, a federally
subsidized health insurance program for children, failed when the Senate refused
to consider it in the session's final days.
Health care advocates said Crist could have used his bully pulpit to get the
bill passed. On May 1, he sent a one-sentence letter to Pruitt that said: "I
respectively request your assistance in placing the following bill on the Senate
Calendar for consideration."
The Senate did nothing.
What others call lobbying, Crist calls "encouragement," which raises a question:
Is Crist so polite that lawmakers aren't afraid to say no to him, and should he
be more forceful?
"I don't think the word 'forceful' could be used for Charlie Crist," Pruitt
said. "He's genuinely the nicest guy I've ever met."
The governor acknowledged that his manner of dealing with lawmakers was more
deferential than Bush. Crist said his legislative lobbyists and Lt. Gov. Jeff
Kottkamp, a former House member, worked feverishly behind the scenes to advance
his agenda, largely with successful results.
"There's a different style, no question about it," Crist said. "And I think, I
hope, that we have communicated effectively on the things that are important on
behalf of the people."
WHAT THE GOVERNOR GOT
The "antimurder" bill: It automatically puts probation violators in jail.
Citizens Property Insurance: Premium rate freeze is extended until 2009 and
homeowners can switch to Citizens for lower rates more easily.
Paper-trail voting: Will now be statewide as 15 counties using touch
screen systems get new machines (paid for by the feds because the Legislature
wouldn't.
Teacher bonuses: Bonuses for top performance, but not tied to student
test scores (with about half the money Crist wanted in the program).
WHAT HE DIDN'T GET
Stem cell research: Crist requested $20-million. Legislature appropriated
nothing.
Antiviral flu drugs: Crist requested $37-million. Legislature
appropriated nothing.
Civics education: Crist requested $8-million. Legislature appropriated
nothing.
Reading coaches: Crist requested $26-million for 400 more coaches.
Legislature spent $5-million for 80 coaches.
Tax break: Crist requested a 0.25 percent cut in the tax on cable TV and
cell phones. Legislature did not pass it.
State employees: Crist requested a 2.44 percent across-the-board pay
increase. Legislature approved $1,000 one-time bonuses.
Property tax reform: Crist demanded "significant and immediate" tax
relief. The Legislature failed to reach agreement and called a special session
for next month.
STEVE BOUSQUET, St.
Petersburg Times
Steve Bousquet can be reached at bousquet@sptimes.com or (850) 224-7263.
More complete list:
2007 Legislative session: Passed and failed
By the St Petersburg Times staff
Published May 6, 2007
Each year, the St. Petersburg Times compiles a list of notable bills
considered during the Florida legislative session and which ones
passed or failed. Those that passed will go to the governor to be
signed into law, vetoed, or allowed to become law without his
signature. Many of those that failed will be back next year.
PASSED BILLS
Budget, taxes
State budget: A $71.9-billion budget, supported in part by an
additional $545-million in local property taxes paid by homeowners and
business owners.
Tax breaks: Exempts hurricane preparedness items such as flashlights
and weather radios from sales tax, June 1-12. Exempts back-to-school
supplies from sales tax, Aug. 4-13.
State investments: Requires state retirement funds to divest from
companies doing business in Sudan's or Iran's energy sector.
Education
Differential tuition: Allows University of Florida, Florida State
University and University of South Florida to charge incoming
undergrads up to 40 percent more than the base tuition of the 11
public universities.
Physical education: Requires 30 minutes of physical education each day
in Grades K-5.
Steroids: Creates a one-year pilot program to randomly test high
school athletes in football, baseball and wrestling for anabolic
steroids.
Teacher pay: Replaces controversial STAR plan with a $147.5-million
merit pay plan for instructors and administrators, based on student
performance and teacher evaluations.
The family
Adoption: Creates Office of Adoption and Child Protection to promote
adoption and prevent child abuse; increases subsidies for families
adopting foster children.
Children's Cabinet: Creates a 15-member cabinet to coordinate programs
and funding for children's services.
Claims
Boot camp death: Pays $4.8-million to the family of Martin Lee
Anderson, the 14-year-old who died after a rough encounter with guards
at Bay County boot camp in 2006.
Surgical negligence: Pays Minouche Noel, 19, and her family
$8.5-million for botched back surgery when she was an infant.
Crime and punishment
Antimurder: Requires immediate incarceration and hearings for
probation violators and stiffer penalties for violations for certain
felons.
Juvenile sex offenders: Protects teens involved in consensual
relationship cases from new federal requirements that juvenile sex
offenders register on databases. The offender could not be more than
four years older than the sexual partner. The partner would have to be
at least 14 years old.
Online crimes: Requires sex offenders to register home and e-mail
addresses and increases penalties for cyber-crimes against children.
Sex offenders: Driver's licenses and ID cards issued to sexual
offenders and predators will bear markings to show their criminal
history as part of the Jessica Lunsford Act. Clarifies fingerprinting
and background check requirements for school contractors.
Sex offense victims: Requires a victim advocate be present at the
request of a victim, and prohibits law enforcement from requiring the
victim to take a polygraph test. Requires that accused sex offenders
take an HIV test within 48 hours of a court order requested by the
victim or victim's family.
Gambling
Instant bingo: Allows veterans groups and charities that hold bingo
games to also sell lottery-like instant bingo tickets.
More slots: Expands hours of operation and number of slot machines at
parimutuel facilities in Broward County, the only place where they are
allowed in Florida outside American Indian reservations.
Elections and politics
Paper trail: Requires verifiable paper trail in elections.
Presidential primary: Moves Florida's next primary to Jan. 29, 2008.
Resign-to-run: Allows officeholders to run for any federal office
without leaving current job.
Signature revocation: Voters who sign ballot initiative petitions have
150 days to revoke signatures.
Petitions: Allows businesses to prohibit citizen petition drives on
their property.
Insurance
Citizens Property Insurance Corp.: Freezes the state-run insurer's
rates until 2009 and lowers the entry threshold so more homeowners can
move to Citizens for lower premiums.
Hurricane shutters: Homes insured at a value of $750, 000 located in
wind debris zones, including all of Pinellas County, must get shutters
or impact-resistant windows to have a Citizens policy or to pull a
building permit for $50,000 worth of work next year.
Insurance glitches: Weakens 90-day pay requirement in current law,
allowing insurers to pay only a "portion" of a claim and removes
consumers' ability to sue if they don't get paid. Limits consumer
advocate insurance report cards to residential property insurers,
excluding condo and commercial policies.
DUI auto insurance: Requires those who plead guilty or no contest to
driving under the influence to carry bodily injury auto insurance
coverage.
Consumers
Cable TV: Creates statewide franchising of cable TV and makes it
easier for phone firms to compete with cable. Allows cable companies
to break local contracts and apply through state.
Lifeline enrollment: Allows easier enrollments of low-income customers
in the telephone bill discount program.
Gift certificates: Eliminates expiration dates and dormancy fees for
some gift cards sold in Florida .
Rental agreements: Increases fees to renters who break their leases.
Environment, growth
Energy: Creates Energy Policy Task Force, increases sales tax
exemptions for ethanol fuel and biodiesel distribution, establishes
incentives for selling biofuel, requires state buildings to meet
certain energy-efficient standards.
Growth management: Allows larger counties and cities to participate in
pilot program that allows expedited, limited state review of land use
changes.
Pets: Allow state wildlife officials to require people with non-native
reptiles, such as pythons, to pay up to $100 for a license.
Transportation
Designated driver: Prohibits bars from requiring people to buy drinks
if they are designated drivers.
Private toll roads: Allows private companies to lease Florida's toll
roads and increase tolls with inflation.
Specialty tags: Creates license plates including "Support Our Troops,
"Trees Are Cool, " "Protect Florida Springs" and "NASCAR."
Eliminates Girl Scouts license plate.
Tampa Bay Regional Transportation Authority: Creates 16-member board
to plan and build a network of toll roads, rail lines and express
buses across seven counties.
Health and safety
Pet burials: Allows "internment or entombment" of human remains with
the urn of a cremated animal as long as the human and animal remains
are not mixed together.
Suicide prevention: Creates state suicide prevention office.
Tobacco prevention: Implements 2006 voter-approved tobacco prevention
ad campaign.
FAILED BILLS
Crime and punishment
Wrongful incarceration: Would have paid Alan Crotzer, formerly of St.
Petersburg, $50, 000 for each of the 24 years he spent in prison on a
wrongful conviction.
Civil rights pardons: Would have created "Rosa Parks Act" to pardon
people with convictions tied to civil rights protests.
Death penalty: Would have followed the Florida Supreme Court's advice
to undo the privatization of death row appeals in northern Florida.
Education
Elected educator: Would have re-established the commissioner of
education as an elected Cabinet position.
Vouchers: Would have created a separate trust fund to collect
corporate tax credits to support private school vouchers, to get
around a state Supreme Court decision against using generals funds.
Jeb Bush honors: Would have named the University of Florida's college
of education after the former governor.
School year: Would have allowed school boards to start fall classes
more than two weeks before Labor Day.
School athletics: Would have created a governing organization for high
school athletics among private schools, which are run along with
public schools by the Florida High School Athletic Association.
Consumer
Telemarketing: Would have banned political groups from making
automated calls to consumers on federal or state do-not-call lists.
Consumer Advocate: Would have strengthened powers of the consumer
advocate under the chief financial officer.
Elections and politics
Sworn testimony: Would have required lobbyists, lawmakers and
legislative staffers speaking before legislators to take an oath,
subjecting them to felony perjury charges if caught lying.
Voting: Would have given voters an "I choose not to vote" option on
ballots for individual races.
Blind trusts: Would have required governor, lieutenant governor and
Cabinet officers to place assets in a blind trust to avoid conflicts
of interest.
Immigration
Immigration: Would have penalized businesses that knowingly hired
illegal immigrants.
Sports, entertainment
Adult entertainment: Would have made it a third-degree felony if the
owner or operator of an adult business knew or should have known the
site was used for prostitution.
Lightning: Would have provided Tampa Bay Lightning and other pro
sports teams either $2-million a year in sales tax rebates or a
one-time payment of $32-million for stadium improvements.
Insurance
No-fault insurance: Would have extended or rewritten the law requiring
motorists to carry a minimum $10, 000 policy to cover injury no matter
who is at fault.
Cell phone insurance: Would have allowed cell phone companies to embed
insurance in sales contracts.
Health insurance: Would have made it easier to enroll children in
KidCare, the state's subsidized insurance program.
Transportation
Text messages: Would have prohibited use of cell phones and text
messaging while driving.
Traffic cameras: Would have allowed cities and counties to install
cameras at intersections to record traffic violations.
Health
Cervical vaccine: Would have added a vaccine that prevents cervical
cancer to the list of immunizations for girls in public and private
middle schools, with an option for students to decline.
Pregnant minors: Would have required health care workers to notify law
enforcement and collect DNA evidence when they believe a minor is
pregnant and/or seeking abortion.
Abortion notice: Would have limited the discretion of judges
considering whether to allow a young woman to get an abortion without
notifying her parents. Also would have required a 24-hour waiting
period before a woman could get an abortion after first having an
ultrasound.
Stem cell: Would have given $20-million in adult stem cell research
grants.
Guns at work
Guns at work: Would have allowed employees to keep firearms in the
cars they park at workplaces.
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Apr 07 Your help is needed: |
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April 2
Legislative Update
With Senate on Easter break we anticipated a slow week. We were
wrong. We need your help with a number of damaging bills that are
moving forward in the House:
ACTION NEEDED!
Growth Management-- The House will meet this week, and
one item in particular is likely to very controversial if it
surfaces as expected Wednesday or Thursday. We continue to hear that
the Economic Expansion and Infrastructure Council will release a
substantive growth management bill which has not been seen by any
committee or interest group. Conservation, citizen, local
government, and development interests as well as DCA Secretary Tom
Pelham share these concerns about the proposed bill. One common
thread heard from many sources is that the bill will contain a
provision that eliminates DCA from the plan amendment review
process, possibly in favor of regional planning councils. To say the
least, regional planning councils are currently not equipped
legally, financially, or administratively to deal with such a
program although there is speculation that an increase in the RPC
base budget (in the House) may be meant to convene a study group to
look into this concept. While no party is objecting to studying
means of improving the growth management process, picking one idea
in isolation is dangerous. Please contact
Chairman Dean Cannon (R-Winter Park) immediately -- let him know
that this is not the way to do growth management legislation. Please
also contact other members of this committee who have been helpful
on growth management issues in the past, especially Representatives
Susan Bucher (D-West Palm Beach),
Mike Davis (R-Naples),
Keith Fitzgerald (R-Sarasota), and
Richard Glorioso (R-Plant City).
Click here to link to a list of the full Council.
ACTION NEEDED! Wetlands Protection -- A very bad
amendment was attached to the Environmental Permitting Bill
HB 957 (Williams) last week by Representative Will Kendrick
at the behest of development interests. It eliminates ALL local
government wetlands protection programs unless a local government
has been delegated the state's ERP program by DEP. This is a direct
attack on local programs that have set higher standards than DEP and
hardly represents the "duplication" that was voiced last week.
Fortunately, there is no exact Senate companion although there are
several wetland bills where this could appear. A Senate version,
SB 2082 (Mike Bennett, R-Bradenton), has yet to get a
hearing but could become a vehicle for this bad amendment. See the
articles in the
St. Petersburg Times and
Tallahassee Democrat for more details.
Let
your Senator(s) know that you do not want a similar amendment on
any Senate bills that would attack the ability of local governments
to have stricter wetlands protection programs.
ACTION NEEDED! Rodman Dam -- The bill designed to
maintain Rodman Dam,
HB 427 (Pickens), passed its last committee stop and is now
before the House Environment & Natural Resources Council. We have
consistently argued against efforts to delay restoration of the
Ocklawaha River, and this represents yet another attempt. Governor
Crist has already advocated for the restoration of this river.
Please help Gov. Crist by contacting
the members of the House Environment and Natual Resources Council
and letting them know that HB 427 needs to be stopped.
The Senate companion,
SB 1930 (Oelrich), has two more committee stops and has not
moved since early March. Just in case SB
1930 starts to move in the Senate, please contact the
Senate Environmental Preservation & Conservation Committee this
week with the same message - stop this bill.
ACTION NEEDED!
Coastal Armoring -- The House Environment & Natural Resources
Council, chaired by Rep. Mayfield, will hear a bill this week,
PCB ENRC 07-13, that allows textile sand tubes to be placed
on public beaches to the detriment of turtle nesting areas and
vacant beachfront areas. This problematic bill would classify a
single Alabama company's textile fabric, giant sand bag tubes as a
type of dune stabilization regardless of the negative impacts to our
beaches. Several conservation groups and state agencies continue to
oppose this approach. The Senate companion bill, filed by Atwater,
has been pulled. Contact
the House Environment and Natual Resources Council this week to
oppose futile efforts to armor our beaches at the expense of sea
turtle habitat and nesting areas.
UPDATE. Affordable Housing Cap -- Representative Ron
Saunders introduced an amendment Friday on the House Budget that
would have lifted the cap on Sadowski funding. The amendment was
withdrawn, however, based on the commitment of Chairman Ray Sansom
that workshops would be held on the impact of lifting the cap. No
dates have been set for the workshop but we will make you aware of
those as soon as they are scheduled.
Tofind out about other proposed legislation, please visit
www.1000friendsofflorida.org.
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19 Mar 07 Property tax relief |
HOUSE COUNCIL TAKES NEXT STEP TOWARDS
PROPERTY TAX RELIEF
$5.5 Billion on Property Tax Savings
Approved
TALLAHASSEE- The Florida House of
Representatives today took the next step
toward approving real and immediate property
tax relief for Florida homeowners and small
business owners. Offering $5.5 Billion in
property tax relief, House Bill 7001 by
Representative Frank Attkisson (R-St. Cloud)
was approved by the Policy & Budget Council
this afternoon. Every Republican and three
Democrats on the Council voted for property
tax relief.
This legislation is the first part of a
comprehensive tax relief package being
offered by House leaders. Specifically,
this legislation will roll back local
millage rates to levels seen in 2000 / 2001
and adjusted forward for inflation plus
growth, resulting in an average savings of
18% for homeowners throughout the state.
“Florida families are seeing their dream of
homeownership slip away as property taxes
have skyrocketed. They are being forced to
decide what to cut next in their family
budgets so that they can pay their tax
bills. Our vote today says enough is
enough. That has to change,” said Majority
Leader Marty Bowen (R-Haines City).
Today’s vote signals House leaders’
commitment towards moving forward with their
plan to provide across-the-board property
tax relief. With the Council’s vote, the
bill will now move to the House floor for
final approval.
According to Policy & Budget Council
Chairman Ray Sansom (R-Destin), “The Florida
House is on its way to providing broad based
tax relief to Florida’s families and small
business owners. I am proud of the members
of the council who have voted in favor of
fiscal responsibility and to curb runaway
local government spending.”
The problem of out-of-control property taxes
has been debated for years, culminating in a
statewide series of hearings where House and
Senate members heard from thousands of
Floridians who talked about the impact that
property taxes are having on their families
and small businesses.
Rep. Attkisson, who has championed property
tax relief for several years, said, “As I
traveled the state over the past two months,
I heard from thousands of homeowners and
small business owners who talked about how
they were struggling with the burden of
property taxes. Seniors trapped in their
homes by property taxes. Small businesses
owners who have to lay off employees so they
can pay their property taxes. It’s become
clear that property taxes are smothering our
state’s economy and are impacting Florida’s
families.”
Amendments were adopted to the House Tax
Relief plan to exempt hospital districts and
fiscally constrained counties from the
millage rollbacks. School districts were
already held exempt under the plan. The
Relief Plan now moves to the House Floor for
consideration by the entire House.
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06 Mar 07
2007 Legislative Session |
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Updated March 6, 2007
Growth Management
HB 645 (Hays)/SB
680 (Dockery) - Revises school dollar distributions for high
growth areas that appeared in SB 360 in 2005 (this is the same bill
that was vetoed by Gov. Bush in 2006).
SB 802/SB
804 (Garcia) - shell bills for future use
SB 2074 (Bennett) - Dealing with transportation concurrency,
this bill provides that developers may not be assessed for project
impacts related to existing backlogged traffic issues.
Local Government
HB 791 (Arza)/SB
2080 (Bennett) - Eliminates county authority over municipal
land use plans.
Expect to see a bill or amendment intended to pre-empt county
government authority to regulate mining activities.
SB 2028 (Bennett) - (a) allows for citizen referendum on
plan amendments, and (b) requires 25% of registered voters within
the jurisdiction to sign a petition for a referendum on a particular
plan amendment not more than 60 days after the transmittal or
adoption hearing.
HB 163 (Anderson) - Eliminates "highest and best use"
consideration when property tax assessments are levied.
Springs
SB 2636 (Argenziano) - Springs Protection bill
a. future land use amendments within springsheds of Wakulla Springs,
Ichetucknee Springs, Rainbow Springs and Volusia Blue Springs given
special attention
b. such amendments must be accompanied by appropriate land
development regulations protecting water quality and quantity within
each spring/springshed
c. these areas will be delineated and adopted by rule by appropriate
Water Management District(s)
d. local governments have one year after Water Management District
rule adoption to include, as part of the Evaluation and Appraisal
Report (EAR) process appropriate implementing amendments and
regulations, to adopt necessary changes
e. Total Maximum Daily Loads (TMDLs) for each of the above
springsheds to be adopted by DEP
f. Prohibition of certain impacting land uses within the four
springsheds listed
SB 1486 (Oelrich)
HB 299 (Boyd) - Florida Springs Protection Act
a. Repeat of last year's bill (Argenziano)
b. creates a Florida Springs Commission with DCA, DEP, FDOT, DOH
Secretaries, Executive Director of the Florida Wildlife Commission,
water management district governing board member, regional planning
council member, Florida Chamber of Commerce member, Florida
Association of Community Developers, American Water Works
Association, and Florida Home Builders Association, 3 members by
Governor (environmentalist, property owner, business
representatives), 3 members by Senate President (Senator, local
elected city or county official, conservationist), and 3 by House
Speaker (Representative, local elected city or county official,
agricultural community member) - duties include assessing current
conditions, identify and map all first and second magnitude springs,
help create uniform assessment/monitoring program,
evaluate/recommend strategies for long-term viability, develop
overall model springs protection plan
c. commission expires July 1, 2011 (no funding provided)
Century Commission
SB 318 (Bennett)/HB
1143 (Davis) - Increases members by three (3) - one new
appointment by Governor, Speaker, Senate President - issue is
diversity to reflect racial, ethnic, gender (currently mostly
50-year-old white guys); Specific authority given to create/dissolve
advisory committees; Given authority to accept contributions from
any source promoting its mission; Places the Century Commission
under the Governor's Office; Provides $500,000 in recurring funds.
Health Issues
SB 1598 (Saunders) /no House sponsor - Gives Department of
Health authority in Chapter 381 to assess local planning activities;
calls on local, state, regional agencies to emphasize "smart growth"
techniques as a health issue, including placement of health
officials on development review, planning commission, and regional
planning council boards; provides incentives (no specifics given) to
create "healthy development" certification program.
Affordable Housing
(see Florida Housing
Coalition website for details)
SB 144 (King),
SB 180 (Geller),
SB 368 (Wilson),
HB 367 (Saunders),
HB 381 (Fitzgerald),
HB 477 (Bucher)- Multiple bills that all call for the
repeal of the cap (now set at $243 million annually) for the state
and local housing trust fund; Repeal of the cap is the #1 priority
for the Florida Housing Coalition in 2007.
SB 2292 (Bennett) - This bill changes tax assessments for
affordable housing, addresses community land trusts and addressess
the CWHIP program.
HB 259 (Attkisson) - Mobile home park conversions
HB 1375 (Davis) - Affordable Housing.
Rural Economic Development
SB 1664 (Lawson)/HB
633 (Coley) - Modifies Chapter 288.0656 (Rural Economic
Development Initiative or REDI) by giving Governor authority to
waive REDI requirements related to providing infrastructure, tech
assistance, and training in order to facilitate catalyst project(s)
where such projects identified by Enterprise Florida, OTTED, and
recommended by REDI.
Developments of Regional Impact (DRIs)
- nothing of significance yet
Impact Fees
SB 576 (Bennett) - Broad credit language for tax payments
and in-kind contributions, including credits for state and federal
grants.
SB 532 (Bennett) - Provides for a local option documentary
stamp tax which, if enacted, proportionately limits any impact fees
levied within the jurisdiction.
Above info courtesy of 1000 Friends of
Florida
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08 May 06 Florida
Legislature 2006 Session Wrap up |
Presented by 1000 Friends of Florida
Once again, 1000
Friends was an active player in helping to shape legislation relating to growth
management. Ultimately, there were both positive and negative outcomes to the
2006 session. More detailed information will be posted on our website in the
next few days but, in the meantime, here are some of the highlights.
Positive Outcomes:
1000 Friends played a key role in passage of the
Environmental Resource Permitting legislation (HB
7163), which extends this wetland and stormwater permitting
program to the Panhandle. While the less favorable House version of the bill
ultimately passed, potentially damaging provisions were removed that would have
prevented local governments across Florida from adopting more stringent wetland
protection provisions than allowed under the ERP program.
The legislature approved the $310 million necessary for the acquisition of
74,000 acres of Babcock Ranch (HB
1347). Fortunately, last minute efforts failed which would have allowed
cypress harvesting on these conservation lands. This is the largest conservation
land acquisition in Florida history.
Disaster was avoided with the Florida Keys Area of Critical State Concern
legislation (HB
1299).. The initial version called for removal of the designation as of
October 1, 2007 unless the Governor and Cabinet found that substantial progress
had not been achieved in meeting the required work program. However, 1000
Friends and others supported two important amendments which require two more
years of state oversight before dedesignation, and which make the process to
legally challenge the dedesignation more favorable to citizens and conservation
groups.
1000 Friends also played a leading role in defeating the controversial
Charter Amendment legislation (HB
949,
SB 1608). This would have undermined the ability of municipalities in
charter counties to enact land use provisions to promote better growth
management or environmental protection.
While 1000 Friends initially supported several "housekeeping" Glitch Bills,
in the end we were pleased that this legislation failed. Damaging language was
included that would weaken water and school concurrency provisions and weaken
the ability of citizens to participate in the growth management process.
Positive and Negative Outcomes:
Affordable Housing ended up in both the positive and the negative
categories. On the positive side,
HB 1363, the omnibus housing bill sponsored by Representative Davis
contains numerous housing initiatives, including a pilot program for "essential
services personnel," such as police and teachers, as well as important statutory
changes to ensure the development of apartments for the working poor. On the
negative side, the House and Senate agreed to allocate $433 million from the
state and local housing trust funds, leaving a balance of $507 million
unappropriated. 1000 Friends of Florida and the rest of the Sadowski Act
Coalition had expected the housing trust funds to be fully appropriated for
housing in this time of housing crisis and available funding.
Negative Outcomes:
Despite the efforts of 1000 Friends and others, the controversial
Agricultural Enclave (HB
1015) bill passed. This legislation supercedes the urban sprawl
provisions of Rule 9J-5, preempts local government decision-making authority,
could result in the premature conversion of agricultural lands for speculative
development, and promotes urban sprawl. Despite compromise language that
decreases the size of parcels that can be converted from agricultural to urban
uses, 1000 Friends remains concerned that this bill represents yet another
instance of waiving Florida's growth management legislation on a piecemeal
basis.
1000 Friends remains extremely concerned about damaging provisions in
legislation related to Hazard Mitigation for Coastal Redevelopment (HB
1359). The scope of this bill was expanded to modify requirements that
limit density increases in coastal areas. Instead, local governments may approve
increased densities if the development can meet either a hurricane evacuation
time of 15 hours, or undefined mitigation standards for sheltering and
transportation. This legislation may prove to make coastal development easier in
the relatively undeveloped Panhandle, but more challenging in other parts of the
state.
Other Legislation:
Thanks to the leadership of Representative Traviesa (R-Brandon) and Senator
Bennett (R-Bradenton), 1000 Friends of Florida and other stakeholders were
allowed to provide substantial input into legislation related to Developments
of Regional Impact (HB
683). It was a give and take process. 1000 Friends was successful
in inserting language requiring the inclusion of workforce housing in DRIs, and
with others succeeded in removing provisions that would have exempted major
attractions from the DRI process and promoted "new towns" in rural areas.
Unfortunately, marinas were eliminated from the DRI process, replaced by a
provision that the local comprehensive plan should include policies related to
siting of marinas. The final bill also requires that Florida's Office of Program
Policy Analysis and Government Accountability (OPAGGA) assess the impacts of
this change, and provides for an alternative permitting process for dry storage
for marinas.
The Interlocal Services Boundary Agreement Act (SB
1194) passed, which provides a process for cities and counties to
address service delivery arrangements and annexations. 1000 Friends had worked
with the sponsors to remove some problematic provisions. The bill was amended to
include the Florida Impact Fee Act, which includes the consensus
recommendations of the Impact Fee Commission. It includes procedures and minimum
standards on enacting impact fees.
A watered-down version of legislation related to the siting of Power
Substations (SB
980) passed. Originally, it would have allowed power substations to be
situated in any land use. With others, we succeeded in gaining an exemption for
conservation and preservation lands. The bill defines default setback and other
standards that automatically apply if the local government has not adopted
substation siting standards. The bill requires electric utilities to consult
with local government on site selection before they submit a substation
application.
Legislation related to Water and Sewer Concurrency (HB
749) was watered down, thanks to the work of 1000 Friends and others.
Originally, this bill would have eliminated the requirement that new development
hook up to existing water and sewer services. As passed, it requires the local
government to conduct a series of studies to evaluate the use of septic tanks
prior to extending water and sewer.
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