1. 2017 Florida Legislative Update
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2. About 1000 Friends of Florida:
Founded in 1986, 1000 Friends of Florida is a 501(c)(3) nonprofit membership organization.
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We educate, advocate and negotiate to protect Florida’s high quality of life.
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3. Dr. John M. DeGrove Webinar Series
May 4, 1924 – April 13, 2012
Icon of comprehensive planning both in Florida and across the nation
One of the founders of 1000 Friends of Florida
First Secretary of the Florida Department of Community Affairs
His accomplishments recognized with the John M. DeGrove Eminent Scholar Chair in Growth Management and Development at Florida Atlantic University
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7. The PowerPoint is available at www.1000friendsofflorida.org

8. This webinar has been approved for:
1.5 AICP CM LEGAL CREDITS for planners (# )
1.5 Contact Hours for Florida Environmental Health Professionals
1 CEC for Certified Floodplain Managers
2 CLE for Florida Bar (# N)
There is a link to a BRIEF SURVEY in the follow-up you will receive. Please take a few minutes to give us feedback!

9. Upcoming Dr. John M. DeGrove Webinars
We are now planning the Spring 2017 webinar series.
All webinars are noon to 1:30 unless otherwise noted.
Wednesday, April 19 – Dangerous by Design: A challenge for change
Wednesday, May 17 – 2017 Florida Legislative Wrap Up
Visit to find out more!

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11. If you have questions:
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13. Board Member Emeritus and past Chairman of 1000 Friends of Florida.
Lester Abberger
Board Member Emeritus and past Chairman of 1000 Friends of Florida.
Chairman of The Trust for Public Land (TPL) Florida Advisory Council, and serves on the TPL National Leadership Council.
Chairs the Florida Conservation Campaign, and is a director and chair of the Finance Committee.
Past Chair of Leadership Florida, The Seaside Institute, and the City of Tallahassee Urban Design Commission.
A graduate of Davidson College, where he serves on the Board of Visitors.
A Knight Fellow at the University of Miami School of Architecture.

14. Ryan Smart
President of 1000 Friends of Florida
Past staff coordinator of the Florida Conservation Coalition, which focuses on water policy, communications and advocacy
Holds a Master’s Degree in Public Policy from the University of Florida

15. Thomas Hawkins
Policy and Planning Director for 1000 Friends of Florida
Teaches courses in land use law at University of Florida Levin College of Law and College of Design, Construction and Planning
Holds Juris Doctor from Emory University School of Law and Master of Science in Real Estate from University of Florida Hough Graduate School of Business

16. Board Member Emeritus & Past Chairman, 1000 Friends of Florida
Session Overview
Lester Abberger
Board Member Emeritus & Past Chairman, Friends of Florida

17. Major Issues Budget Economic Development/Tourism Funding Health Care
Guns
Medical Marijuana
Leadership Priorities
Local Government Preemptions

18. Leadership Priorities

19. Local Government Preemptions

20. Thomas Hawkins, Policy & Planning Director 1000 Friends of Florida
Growth Management
Thomas Hawkins, Policy & Planning Director Friends of Florida

21. SB 422 (Lee) / HB 719 (Roth): Municipal Conversion of Independent Special Districts
1000 Friends supports SB 422 and HB 719
Viewed as “glitch bill”
Closes a loophole existing in state law that allows an independent special district to convert to a municipality without meeting minimum criteria typically required for municipal incorporation
Both bills have passed their first committee stops

22. SB 596 (Hutson) / HB 687 (La Rosa):Utilities
1000 Friends opposes SB 596 and HB 687
Would preempt local government and Florida Department of Transportation regulation of small wireless facilities in public rights of way
Essentially would obligate local governments and FDOT to accept private wireless service providers attaching equipment to public utility poles for a maximum charge of $15 per pole per year

23. SB 596 (Hutson) / HB 687 (La Rosa):Utilities
Does not apply to small wireless facilities proposed to be attached to municipal electric poles
Does not preempt application of historic preservation ordinances
Does preempt other zoning, aesthetic and public safety ordinances
Local governments likely to incur costs far greater than allowed fee
Both bills have passed their first committee stops

24. SB 940 (Perry) / HB 1309 (Payne): Growth Management
1000 Friends opposes SB 940 and HB 1309
Would require local government comprehensive plans to include private property rights element
Would require local governments, when issuing development orders, to balance economic development with comprehensive plan policies and “render its decisions in support of economic development.”
Would apparently allow approval of development orders which do not comply with comprehensive plan if doing so would support economic development

25. SB 940 (Perry) / HB 1309 (Payne): Growth Management
Redundant intent is not clearly distinguished from property rights protections already in law
All local government comprehensive plans and land development regulations must be sensitive to private property rights. F.S. s (10)
Property owners compensated for inordinate burdens on private property.  “Bert J. Harris, Jr., Private Property Rights Protection Act.” F.S. Ch 70
Neither bill has been placed on an agenda for its first committee stop

26. SB 996 (Perry) / HB 997 (Killebrew): Administrative Proceedings
1000 Friends opposes SB 996 and 997
Would create a new causes of action for development permit applicants to sue parties who challenge their permit approvals
Would apply only in administrative hearings
Affected permits include:
Comprehensive plan amendments
Environmental Resource Permits

27. SB 996 (Perry) / HB 997 (Killebrew): Administrative Proceedings
Would punish concerned citizens and non-profit organizations for challenging development decisions that impact Florida’s environment and quality of life
Would stymy public participation in government by forcing Floridians who unsuccessfully challenge development decisions to pay the attorney fees and costs of real estate developers up to $50,000
Could require citizens to pay developer’s legal tabs even if the case is settled under mutually agreed upon terms
Neither bill has been placed on an agenda for its first committee stop

28. SB 1048 (Lee) / HB 1055 (Ingram, Payne): Linear Facilities
1000 Friends opposes SB 1048 and HB 1055
In Miami-Dade County, et al, v. In Re: Florida Power & Light Co., etc., et al, the 3rd District Court of Appeal held that power transmission lines were subject to local government land use controls
This bill would reverse that holding so that transmission line or gas line siting would be exempt from local land use regulation
Would also give Public Service Commission exclusive jurisdiction to determine whether transmission lines should be placed underground
Both bills have passed their first committee stops

29. SB 1158 (Passidomo) / HB 17 (Fine): Regulation of Commerce, Trade, and Labor
1000 Friends opposes SB 1158 and HB 17
Would preempt to the state all business regulation
Potentially far reaching impacts including:
Nuisance regulation
Regulation of adult oriented business
Local minimum wages
Human rights ordinances
SB 1158 has not been placed on an agenda for its first committee stop
HB 17 has passed its first committee stop

30. SB 1158 (Passidomo) / HB 17 (Fine): Regulation of Commerce, Trade, and Labor
Would vest laws already in existence
Would phase out all existing local government regulations by 2020
Would create process whereby local governments could challenge other local government’s ordinances
Politico reports Fine is drafting amendments to limit preemption to not include adult oriented businesses, alcohol and nuisances
Challenged ordinances would become void WITHOUT A HEARING unless ratified by legislature

31. SB 1770 (Lee) / HB 13 (Raburn): Community Redevelopment Agencies
1000 Friends opposes SB 1770 and HB 13
Would require ethics training for CRA officers and employees
Would enhance CRA reporting requirements to include data on projects, job creation, progress on CRA plan, property values and affordable housing

32. SB 1770 (Lee) / HB 13 (Raburn): Community Redevelopment Agencies
Would dissolve CRAs either at the expiration date in their charters or in 2037
HB 13 would prohibit CRAs from issuing new bonds or starting new projects after 2017
Pending amendment to SB 1770 would allow local governments to retain Community Redevelopment Agencies by supermajority vote
SB 1170 has its first committee meeting today
HB 13 has passed its first committee stop

33. Thomas Hawkins, Policy & Planning Director 1000 Friends of Florida
Transportation
Thomas Hawkins, Policy & Planning Director Friends of Florida

34. SB 250 (Artiles) / HB 777 (Willhite): High-occupancy Toll Lanes and Express Lanes
1000 Friends supports SB 250 and HB 777
Prohibits the Florida Department of Transportation from establishing tolled express lanes
FDOT is using tolled express lanes to finance otherwise unaffordable urban freeway expansion
Pending amendment to SB 250 would also prohibit express lanes on turnpikes
SB 250 has its first committee meeting today
HB 777 has not been put on agenda for its first committee stop

35. SB 386 (Mayfield) / HB 269 (Magar, Grall): High-speed Passenger Rail
1000 Friends supports SB 386 and HB 269
Would require a railroad company operating a high-speed passenger rail system to be solely responsible for all rail corridor improvements or upgrades relating to its operation and safety, essentially ensuring costs are not shifted to local governments
Covered safety and operation upgrades include;
Fencing to protect safety
Annual reports of fatalities and injuries
Remote Health Monitoring
Crossing gates parallel to rail corridor
HB 269 has not yet been heard in committee
SB 386 has passed its first committee stop

36. Ryan Smart, President 1000 Friends of Florida
Conservation
Ryan Smart, President Friends of Florida

37. SB 10 (Bradey)/HB 761(Altman): Water Resources
Legislation related to Senator Negron’s proposal to buy land in the Everglades Agricultural Area, south of Lake Okeechobee, for construction of a reservoir to help reduce discharges to coastal estuaries and send water south into Everglades National Park.
As originally filed, SB 10 permitted all costs associated with the reservoir, including the costs for land acquisition, construction, and operation and maintenance, to be funded out of the Florida Forever program. The bill authorized bonding of $1.2 billion from the Land Acquisition Trust Fund to purchase land within the Everglades Agricultural Area either through a willing seller, by executing the existing contract with U.S. Sugar, or through other means.

38. SB 10 (Bradey)/HB 761(Altman): Water Resources
Dramatically amended by the Appropriations Subcommittee on the Environment and Natural Resources:
Retains bonding for land acquisition in the EAA.
Shifts state policy away from acquiring land for conservation and toward water supply development.
Redirects the remaining $3.3 billion in bonding authority for the Florida Forever program to a new program for water resource protection and development; eliminating possibility of future Florida Forever bonding.
Debt service, up to $300 million annually, would be paid from the Land Acquisition Trust Fund created by Amendment 1 in 2014.
Removes ability to use eminent domain to acquire land for EAA reservoir.

39. SB 10 (Bradey)/HB 761(Altman): Water Resources
Creates a revolving loan fund to assist local governments and private water suppliers in developing water storage.
Mandates new annual allocations from the LATF:
$35 Million for the St. Johns River Water Management District for projects to restore the St. Johns River & Keystone Heights Lakes.
$2 Million to address water quality issues in the Florida Keys.
$20 Million to address water quality issues in the Indian River Lagoon and Caloosahatchee estuaries. Including remediating tank pollution, muck dredging, and stormwater improvements.

40. SB 10 (Bradey)/HB 761(Altman): Water Resources
Senate Bill 10 has passed its first two Committees of reference. Its final stop is the Appropriations Committee.
House Bill 761 has not been amended to reflect the changes to Senate Bill 10. It has not yet been scheduled in its first committee of reference.
1000 Friends of Florida supports the Senate’s effort to acquire lands within the EAA. Unfortunately, the amended bill diverts billions of dollars set aside by Amendment 1 for protecting conservation lands through Florida Forever and redirects these funds toward water infrastructure projects that should be paid for through other means. 

41. SB 162 (Rodriguez)/HB 93 (Richardson): Disposable Plastic Bags
Allows coastal communities with populations below 100,000 to create temporary pilot programs regulating or banning disposable plastic bags
Program sunsets on June 30, 2020
Regulation cannot include new taxes or fees
SB 162 on Senate Environmental Preservation and Conservation Committee Agenda for 3/22/2017. Similar legislation has passed EPC in previous sessions. Has three additional Committee stops.
HB 93 has not been scheduled in any committees.

42. SB 198 (Stewart)/HB 861 (Willhite): Environmental Regulation Commission
Requires Governor to appoint new members to the ERC within 90 days of a vacancy.
Requires a supermajority of 5 votes for rules pertaining to:
Air pollution & air quality standards*
Water quality standards (surface, ground, drinking)*
Consumptive Usage of Water
Hazardous substance release notification
Emission standards
*The House version only requires a supermajority for air and water quality and quantity standards.

43. SB 198 (Stewart)/HB 861 (Willhite): Environmental Regulation Commission
SB 198 on Senate Environmental Preservation and Conservation Committee Agenda for 3/22/2017. Has two additional Committee assignments.
HB 861 passed the House Natural Resources and Public Lands Subcommittee on 3/20/2017. Has two additional committee stops.

44. SB 442 (Young)/HB 451 (Miller): Advanced Well Stimulation Treatment
 Bans “advanced well stimulation” techniques, including “fracking,” in Florida. It makes it clear that a permit for drilling or operating a well doesn’t authorize the performance of “advanced well stimulation treatments.”
SB 442 passed its first Committee. Appears to have support of majority in the Senate. Has two remaining committee stops.
HB 451 has three committee stops. It has not been scheduled in its first committee.

45. SB 532 (Galvano)/HB 1065 (Peters): Public Notification of Pollution
Requires an owner or operator of an installation where certain pollution releases occur to report the release to the Department of Environmental Protection within 24 hours.
DEP must publish this report online within 24 hours of receipt. If an operator of an installation fails to comply with this law, they would be subject to up to $10,000 per day of civil penalties per violation.
HB 1065 requires less information in pollution notification reports.
SB 532 passed its first two committee stops. It will next be heard in the Appropriations Committee.
HB 1065 has not been heard in any of its three committee assignments.

46. Land Acquisition Trust Fund Bills
In addition to Senate Bill 10, there are a number of other bills filed which require annual appropriations from the Land Acquisition Trust Fund to specific resources or areas of the state.
In total these bills would appropriate approximately $250 million in LATF funding annually.
Currently, a minimum of $208 million is pledged to Everglades, springs and Lake Apopka, cumulatively by the Legacy Florida Act.
Total LATF funding for the fiscal year, after debt service, is approximately $646 million.

47. Land Acquisition Trust Fund Bills
SB $45 million/year for St. Johns River & Key Stone Lakes
Passed two Committees
SB $20 million/year IRL & Caloosahatchee
Septic tank remediation, muck removal & storm-water
Passed first Committee
SB $30 million/year for Indian River Lagoon
On 3/22/2017 Committee agenda
SB $100 million/year or 12.5% for water resource development projects
Has not been scheduled in Committee
SB $50 million/year or 7.6% for projects to preserve and repair beaches

48. Amendment 1/Florida Forever
“The whole purpose of (Amendment 1) was to reverse the drastic cuts in the Florida Forever program” – Governor Bob Graham
But, Florida Forever funding has not been restored.
2017 – 2018 Land Acquisition Budget Requests:
FDACS - $50 million for Rural and Family Lands
DEP - $15 million for Florida Forever
Approximate LATF Allocations
Category
$ Million
% of Total LATF
% of Total LATF minus Debt Service
Debt Service
366.8
22.3%
N/A
Existing Agency Ops.
384.5
23.4%
30.1%
Everglades
294.4
17.9%
23.0%
Land Management
281.8
17.1%
22.0%
Springs
88.6
5.4%
6.9%
Regulatory 85
5.2%
6.6%
Rural and Family Lands 50
3.0%
3.9%
Beach Management
46.2
2.8%
3.6%
Florida Forever
30.4
1.8%
2.4%
Florida Comm. Trust
10.4
0.6%
0.8%
Historic Preservation
7.7
0.5%
Total
1645.6
100.0%

49. Amendment 1/Florida Forever
1000 Friends strongly supports the Florida Conservation Coalition’s adopted
statement on funding for Conservation and Recreation Land Acquisition:
The primary reason the Water and Land Conservation Amendment (WLCA) was proposed and supported by Florida voters was to restore funding for Florida’s landmark conservation and recreation land acquisition programs, including Florida Forever.
The Legislature should statutorily dedicate a minimum of 25 percent of the Land Acquisition Trust Fund each year for land acquisition projects through the Florida Forever program and Florida Communities Trust. These funds must be used for land acquisition (including conservation easement projects) on the approved Acquisition and Restoration Council’s priority list and for Florida Communities Trust (Chapter 380, Part III). Additionally, the Legislature should increase Land Acquisition Trust Fund allocations for land conservation through the Rural and Family Lands program.

50. President, 1000 Friends of Florida
Citizen Advocacy
Ryan Smart
President, 1000 Friends of Florida

51. Citizen Advocacy
Outcome of the 2017 Legislative Session determined by citizen advocates.
Currently more than 200 lobbyists registered on environmental issues in the House of Representatives.
Vast majority are lobbying for business interests or government agencies.
Letters, phone calls and meeting with your elected representatives makes a difference!

52. Citizen Advocacy Become a more effective citizen advocate:
Advocacy is not a spectator sport
Contact your Senator and Rep. NOW to discuss important issues
Build relationships
Do you homework – Always Be Credible
Respect and utilize professional staff
All politics is local

53. Citizen Advocacy Helpful Resources: 1000fof.org Myfloridahouse.gov
Flsenate.gov
Florida Conservation Coalition Citizen Advocacy Program
Wearefcc.org

54. Questions and Answers

55. If you have questions:
Your webinar control panel includes a “Questions” box
Please click on “+” sign and type any questions in this box
Please refer to the slide number and/or speaker when you post your question
Please keep your questions succinct!
Staff will ask the presenters questions, as time permits
Remind Attendees how to ask questions and provide “more info” or support contact. Text may be adjusted to suit your event needs.
Note: Hand Raising is disabled (see slide 7)

56. The PowerPoint is available at www.1000friendsofflorida.org

57. This webinar has been approved for:
1.5 AICP CM LEGAL CREDITS for planners (# )
1.5 Contact Hours for Florida Environmental Health Professionals
1 CEC for Certified Floodplain Managers
2 CLE for Florida Bar (# N)
There is a link to a BRIEF SURVEY in the follow-up you will receive. Please take a few minutes to give us feedback!

58. Please support 1000 Friends of Florida:
If you would like your donation to support 1000 Friends’ webinars, please allocate your donation to the DeGrove Education Fund
AMAZON SMILE