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2017 Florida Legislative Update
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About 1000 Friends of Florida:
Founded in 1986, 1000 Friends of Florida is a 501(c)(3) nonprofit membership organization. We work to save special places and build better communities. We educate, advocate and negotiate to protect Florida’s high quality of life. Our bipartisan board of directors includes advocates and experts from across the state. Visit to sign up for alerts! Please join us at Follow 1000 Friends on Facebook and Twitter!
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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 To find out more, please visit:
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FLORIDA STEWARD Archibald Foundation PRESIDENT’S CLUB Mosaic FRIEND Codina Management, LLC Ms. Kimberly A. DeGrove and Dr. William Partin William Howard Flowers, Jr. Foundation, Inc. Kitson Evergreen, LLC Paul Consulting, Inc. The Perkins Charitable Foundation Mr. Robert M. Rhodes
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Thank you to the Dr. John M. DeGrove Webinar Sponsors:
SPONSOR Thomas J. Baird Cambridge Systematics Mr. William M. DeGrove SUPPORTER American Planning Association, Florida Chapter DPZ Partners, LLC Wendy Grey Land Use Planning, LLC Ms. Sallye G. Jude Paul Novack David M. Orshefsky Mrs. Jean Sadowski Nancy E. Stroud Tallahassee State Bank Thomson Brock Luger & Company Treasure Coast Regional Planning Council Peter & Helen Wallace
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To underwrite costs associated with Go-to-Webinar, professional certification credits (AICP AND CLE), staff time, etc. Florida Guardian -- $5,000 President’s Club -- $2,500 Friend -- $1,000 Sponsor -- $500 Supporter -- $250 Other amounts gratefully appreciated! You may donate on-line at (Designate it for DeGrove Education Fund) OR for more information
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The PowerPoint is available at www.1000friendsofflorida.org
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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!
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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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If you have sound issues:
Adjust the volume on your computer Adjust the audio on Go-to-Webinar
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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)
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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.
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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
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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
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Board Member Emeritus & Past Chairman, 1000 Friends of Florida
Session Overview Lester Abberger Board Member Emeritus & Past Chairman, Friends of Florida
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Major Issues Budget Economic Development/Tourism Funding Health Care
Guns Medical Marijuana Leadership Priorities Local Government Preemptions
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Leadership Priorities
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Local Government Preemptions
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Thomas Hawkins, Policy & Planning Director 1000 Friends of Florida
Growth Management Thomas Hawkins, Policy & Planning Director Friends of Florida
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Thomas Hawkins, Policy & Planning Director 1000 Friends of Florida
Transportation Thomas Hawkins, Policy & Planning Director Friends of Florida
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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
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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
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Ryan Smart, President 1000 Friends of Florida
Conservation Ryan Smart, President Friends of Florida
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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%
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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.
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President, 1000 Friends of Florida
Citizen Advocacy Ryan Smart President, 1000 Friends of Florida
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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!
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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
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Citizen Advocacy Helpful Resources: 1000fof.org Myfloridahouse.gov
Flsenate.gov Florida Conservation Coalition Citizen Advocacy Program Wearefcc.org
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Questions and Answers
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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)
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The PowerPoint is available at www.1000friendsofflorida.org
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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!
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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
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