www.ELULS.org - Section Reporter

The 2006 regular legislative session was characterized by the adoption of significant legislation including Development-of-Regional-Impact (DRI) reform; hurricane property insurance reform; repeal of joint and several liability; repeal of the intangibles tax; sales tax breaks for research and development and the purchase of manufacturing equipment; eminent domain reform related to the U.S. Supreme Court case of Kelo vs. City of New London, Connecticut; and the authorization of 55 new judgeships. The Governor had his wishes satisfied by the adoption of his A++ education program and the appropriation of $310 million to purchase Babcock Ranch. However, efforts to modify the class size amendment and overcome a Florida Supreme Court opinion striking down the voucher program were unsuccessful.

The Legislature was blessed with almost $4 billion in unexpected additional tax collections, largely due to sales tax receipts from post-hurricane reconstruction, an extremely hot real estate market and a generally good economy. The adopted 2006 – 2007 legislative budget totaled a record $73.9 billion. The following are summaries of some bills that may be of interest to Environmental and Land Use Law Section members:

CS/CS/CS/SB 888 - Energy

CS/CS/CS/SB 888 is a comprehensive package of energy-related initiatives and financial incentives intended to promote a diverse mix of fuel sources, including renewable energy sources. The bill creates several financial incentives for the development and installation of renewable energy technologies by homeowners and businesses and the purchase of energy efficient residential appliances. The bill also seeks to diversify the energy mix in the state’s economy, particularly in the transportation sector – by promoting bioenergy fuels – and in the electric generation sector. A renewable energy technology grant program is created within the Florida Department of Environmental Protection (DEP).

In addition, the bill authorizes the Public Service Commission (PSC) to require that electric utilities build stronger electrical transmission and distribution infrastructure. The PSC is also directed to study the state’s electrical transmission system and consider ways to harden that system from the impacts of hurricanes. The bill streamlines the Florida Electrical Power Plant Siting Act and the Electrical Transmission Line Siting Act by shortening the licensing process for all projects and, potentially shortening the process for non-controversial projects, while ensuring continued opportunities for public participation. A nine-member Florida Energy Commission is created and charged to develop annual recommendations for legislation to establish or improve state energy policy. The Commission is directed to make recommendations by December 2007 on additional energy incentives, energy conservation policies and an evaluation of the effects of greenhouse gas emissions in the state.

If it becomes law, this bill takes effect immediately.

CS/CS/SB 980 - Energy Reliability

This bill provides for a uniform, statewide process applicable to the siting of electric substations subject to local government imposed standards for setback, landscaping, buffering and screening of substations. The bill also addresses vegetation maintenance in an established electric transmission or distribution line right-of-way.

The bill provides that vegetation maintenance costs are recoverable by the utility. The general costs of vegetation maintenance are already included in base rates and costs related to vegetation maintenance during hurricane restoration are recoverable in hurricane restoration costs recovery.

The bill streamlines the process for siting an electrical substation by providing that new substations are a permittable land use in all land use categories and zoning districts. In particular, a utility must consult with the local government regarding the selection of a distribution electric substation site prior to submitting the site application. The utility is only required to provide information regarding their preferred site for the substation. However, if the local government deems it necessary, the utility must also provide information regarding up to three alternative available sites. A 90 day timeframe is established for a local government to grant or deny an application for an electric substation. Applications not denied during that timeframe are automatically approved. Local governments may adopt reasonable setback and landscape buffer standards for distribution substations. All electric utilities must submit their five year plans for siting substations to the Regional Planning Councils (RPCs) on or before June 1 of every year after the effective date of this bill.

Also, an electric utility is no longer required to obtain a permit or other approval from local government for vegetation management and tree trimming within an established right-of-way for an electric power line. However, a utility must provide the local government with at least five days advance notice before conducting vegetation management activities that conform to standards established by the American National Standards Institute (ANSI). This requirement is waived if such activity is required to restore electric service, to avoid an imminent power outage due to vegetation, or if it is performed at the request of an adjacent property owner subject to local government approval. The bill specifies vegetation height limits within an established right-of-way.

If it becomes law, this bill takes effect immediately.

HB 1155 - Contaminated Drycleaning Facilities

This bill would re-open the Drycleaning Solvent Cleanup Program (“the DSC Program”) for a person who owns or operates a drycleaning facility where there is drycleaning solvent contamination and the facility was damaged by accident prior to January 1, 1975. “Accident” is defined as an unplanned and unanticipated occurrence beyond the control of the owner or operator of a drycleaning facility that resulted in: (1) physical damage to the facility and (2) contamination of the facility that could reasonably have been caused or exacerbated by the actions of responders to the occurrence.

The DSC Program, in part, provides state funding for the cleanup and remediation of drycleaning solvent contamination at drycleaning facilities for which an application of eligibility was filed on or before December 31, 1998. This bill would re-open the DSC program where an accident occurred, regardless of whether the owner or operator filed a timely application.

If it becomes law, this bill takes effect immediately.

HB 7131 - Brownfields

This bill amends various provisions of the Florida Brownfield Redevelopment Act. It increases the amount of credit that may be applied against the corporate income tax for voluntary cleanup costs of a contaminated brownfield from 35 percent to 50 percent and it increases the amount of tax credit that may be granted to a tax credit applicant each year from $250,000 to $500,000. It also increases the percentage and amount of tax credit that may be received by the taxpayer in the final year of the cleanup, as an incentive to complete the cleanup, from 10 percent to 25 percent and from $50,000 to $500,000. Furthermore, the total amount of tax credits which may be granted for brownfield cleanup is increased from $2 million annually to $5 million annually.

The bill directs Enterprise Florida, Inc. to market brownfields aggressively as locations for potential new investment. Incentives are now available under this program for cleaning solid waste from brownfield sites. The bill also provides incentives – in the form tax credits in the amount of an additional 25 percent of total site rehabilitation costs, not to exceed $500,000 – for sites that provide affordable housing. The amount of the Brownfield Area Loan Guarantee is increased from 10 percent to 50 percent. In addition, for affordable housing redevelopment projects conducted in brownfield areas, the state loan guaranty limit is increased to 75 percent of the primary lender’s loan.

The bill repeals the Brownfield Property Ownership Clearance Assistance Program and the Brownfield Property Ownership Clearance Assistance Revolving Loan Trust Fund. The bill also gives DEP an additional 30 days (from March 1st to March 31st) to review application submittals.

Finally, the bill revises the insurance requirements for contractors working at brownfield sites.

If it becomes law, this bill will take effect on July 1, 2006.

CS/CS/SB 1112 - Development Permits/Denial

The bill requires counties and municipalities to give written notice to an applicant when denying an application for a development permit. The notice must state the grounds or basis for the denial, with a citation to the applicable ordinance or other legal authority.

If it becomes law, this bill will take effect on October 1, 2006.

SB 1948 - Coastal Properties Disclosure Statements

This bill expands statutes relating to the Coastal Properties Disclosure Statement by requiring that an additional written disclosure be provided to prospective purchasers of coastal real property that is seaward of the coastal construction control line. The disclosure must indicate that the property is subject to erosion and to federal, state and local regulations. However, the failure to provide this disclosure statement does not affect enforcement of the sale of the property.

If it becomes law, this bill will take effect on July 1, 2006.

CS/CS/CS/HB 683 –Development-of-Regional Impact (DRI) Reform

This bill makes numerous changes to the DRI program. To begin with, the bill statutorily exempts from DRI review, without limitation, marina facilities (both wet and dry storage), hospital facilities, and chemical or petroleum storage facilities. Previously, hospital and petroleum storage facilities were exempt from DRI review if certain limitations were met. In addition, the following are also now exempted from DRI review:

• Self storage warehouses that do not contain retail or other services.
• Nursing homes and assisted living facilities.
• Any development identified in an airport master plan.
• Any development identified in a campus master plan.
• Any development in a specific area plan (i.e., sector plan).
• Any development within a county with a research and education authority created by special act, subject to other statutory requirements.
• Any electric transmission line or electric power plant.

If a statutorily exempt development (except for exempt developments within a county with a research and education authority created by special act) is part of a larger project which is subject to DRI review, the impacts from the exempt portion of the project must be included in the review of the larger project.

These changes to the DRI exemptions and guidelines and standards do not “abridge or modify” any rights vested pursuant to a preexisting DRI development order or agreement. Nevertheless, the bill permits a developer of a newly exempt project to “rescind” its existing DRI development order or continue to develop under that order. If the developer chooses to develop under its development order, any proposed changes must be approved pursuant to the substantial deviation criteria of Section 380.06(19), F.S., as it existed prior to the change in the guidelines and standards, except that the substantial deviation percentage-of-increase criteria will be doubled and the numeric criteria will be increased by 10 percent.

The bill increases the DRI substantial deviation criteria in Section 380.06(19), F.S. Generally, all percentage-of-increase criteria are doubled and numeric criteria are increased by approximately 10 percent. Other notable changes to the substantial deviation criteria include the following:

• A clarification that science-based refinements to areas set aside for preservation, or special protection of certain specified wildlife species do not create substantial deviations.
• An exclusion of developments wholly within areas designated as rural areas of critical economic concern from mandatory adoption of lower residential thresholds of less populated adjacent counties within two miles of the development.
• A clarification that, for substantial deviation purposes, increases in mine size will be calculated by netting the additions and deletions of lands that have not been mined.
• An additional increase in the substantial deviation criteria for hotel rooms if the proposed development will create jobs, subject to criteria established by the Office of Tourism, Trade, and Economic Development.

If a change is determined to create a substantial deviation from the approved DRI, the bill clarifies that the further DRI review by the local government and the mitigation required by that review is limited to the proposed change. The bill further clarifies that a finding that a proposed change which does not create a substantial deviation subject to further DRI review is “otherwise approved,” and does not require additional local government review or approval if the proposed change “is allowed by applicable local ordinances without further review or approval.”

While a notice of proposed change is not required to incorporate a change that automatically creates a non-substantial deviation as determined by statute or by the Department of Community Affairs (DCA), the bill clarifies that an amendment to the development order is required. After approval, the development order that incorporates such a change must be submitted to the DCA.

The DCA may appeal an amended DRI development order approving a change that automatically creates a non-substantial deviation only if the change creates a reasonable likelihood of new or additional regional impacts and if the order involves a change that (1) eliminates an approved land use; (2) is required to conform to permits approved by any federal, state, or regional permitting agency; (3) is based on science-based refinements to areas set aside for environmental protection purposes; or (4) was determined by the DCA to not constitute a substantial deviation from the approved development.

The bill provides that developments in an Urban Service Boundary (USB) area, a Rural Land Stewardship Area (RLSA), or an Urban Infill and Redevelopment (UIR) area, are partially exempt from DRI review if the local government enters into a binding agreement with the Florida Department of Transportation (DOT) and with any impacted jurisdictions within 12 months of the designation of the area. If such an agreement is not executed, a development proposed in one of those areas may still qualify for partial exemption, limiting the scope of any DRI review required for the project to only transportation issues.

The bill introduces new areas of flexibility concerning build out dates. Local governments shall include in DRI development orders a build out date that reflects the time “anticipated,” rather than required, to complete the project. Further, a local government may, without a written agreement with the DCA and the developer, issue a permit to develop subsequent to the build out date of an approved DRI if that DRI is “essentially built out”. The local government with jurisdiction, or the developer, may ask the DCA to issue a formal binding letter of determination or an informal clearance letter on the issue of whether a project is “essentially built out.”

The bill clarifies two methods by which a DRI may be challenged on grounds of inconsistency with the adopted local comprehensive plan. Section 380.07, F.S., authorizes the DCA, the owner or the developer to commence an administrative appeal of a DRI development order to the Governor and Cabinet on grounds of non-compliance with statutory DRI review standards, including consistency with the local comprehensive plan. Section 163.3215, F.S., authorizes an “aggrieved or adversely affected party” to seek judicial review in circuit court of any development order on grounds of inconsistency with the local comprehensive plan. In addition, the bill clarifies that the DCA may contest a DRI development order’s consistency with the local comprehensive plan in an administrative appeal to the Governor and Cabinet, but the plan consistency issues must be dismissed and consolidated with a Section 163.3215, F.S., proceeding in circuit court, if such a proceeding is brought and the DCA is appropriately noticed.

Although marinas are no longer subject to DRI review under the bill, developers may choose to continue to develop under a pre-existing marina DRI development order or rescind that order. Expanded permitting requirements partially fill the gap created by the exemption of dry storage marine facilities from DRI review. Section 373.4132, F.S., requires that a developer seek a permit to construct, alter, operate, maintain, abandon or remove a dry storage facility for 10 or more vessels when “functionally associated with a boat launching area” from the water management district or the Florida Department of Environmental Protection (DEP). Issuance of a dry storage permit is based upon a showing of, among other things, that the project will not harm water resources; that the secondary impacts from the project will result in no adverse impacts to wetlands or other surface waters; and that the project will meet the public interest test of Section 373.414(1)(a), F.S., including any potential adverse impacts to manatees. Dry storage facilities not “functionally associated with a boat launching area” may still need to obtain, at least, a stormwater permit.

Section 403.813, F.S., is amended to clarify the “private docks” permit exemption. Private docks in artificially created waterways are exempt from permitting if they are “1,000 square feet or less of over-water surface area.”

The bill encourages, but does not require, local governments to provide additional protection to coastal resources by adoption of “recreational surface water use polices” in their Coastal Management Element. These policies will require consideration of certain criteria, such as manatee protection needs that reflect guidance outlined in a “Boat Facility Siting Guide” adopted by the Florida Fish and Wildlife Conservation Commission, as well as recreation and economic needs. If a local government chooses to adopt recreational surface water use policies, their development may be financed partially through the Florida Coastal Management Program and their adoption is exempt from the twice-a-year adoption limitation on comprehensive plan amendments.

As an economic development measure, the bill designates “public lodging establishments” as viable water-dependent support facilities and adds “recreational access to the state’s navigable waters” as an important state interest. Boating access to navigable waters and maintenance of viable water-dependent support facilities were already identified as important state interests.

The revised definition of “recreational and commercial working waterfront” includes only hotels and motels, rather than “pubic lodging establishments,” as water-dependent commercial activities. As a result, only a subset (i.e., hotels and motels) of water-dependent “public lodging establishments” are considered commercial activities. The balance (i.e., resort condominiums, non-transient and transient apartments, rooming-houses, bed and breakfast inns, or resort dwellings) are considered support facilities.

New incentives for development of “affordable workforce housing” are now provided. The residential DRI thresholds are increased 50 percent and the residential substantial deviation criterion is increased by 50 percent or 200 dwelling units, whichever is greater, when 15 percent of the residential units proposed by the developer are dedicated to affordable workforce housing. The residential substantial deviation criteria is further increased by 50 percent if a development with 15 percent of its residential units classified as affordable workforce housing is located wholly within a urban infill and redevelopment area. The long-term protection of workforce housing must be guaranteed by a recorded land use restriction, the effectiveness of which must not be less than 20 years in duration. The affordable workforce housing must be commenced prior to the completion of 50 percent of the market-rate dwelling units.

The bill allows a local government to ask DCA whether a proposed development within its jurisdiction is required to undergo DRI review. Previously, only the developer was permitted to make such a request. The bill also creates a narrow exception to DRI abandonment procedures. Under this exception, an industrial DRI within the coastal high hazard area of a designated area of rural economic concern may be unilaterally abandoned if other specific statutory requirements are met.

If property is wholly contained within a community development district (CDD) and a special road and bridge district (SRBD), the owner may withdraw the property from the SRBD and choose the CDD to provide roads and bridges. Finally, the bill provides that a local government may no longer require competitive bidding or negotiation for selection of a contractor or design professional for any part of the non-governmental construction, expansion, or design of a public facility that is required as a condition of a development order.

If it becomes law, this bill will take effect on July 1, 2006

HB 7163 - Environmental Resource Permitting in Northwest Florida Water Management District

This bill authorizes and directs the Department of Environmental Protection (DEP) and the Northwest Florida Water Management District (NWFWMD) to implement the Environmental Resource Permitting (ERP) Program within the State’s Panhandle. DEP and NWFWMD must enter into an operating agreement to implement this new program effectively and setting forth the regulatory responsibilities of each agency. DEP and NWFWMD are authorized and directed to develop rules jointly that regulate the construction, operation, alteration, maintenance, abandonment and removal of stormwater management systems. DEP must initiate rulemaking on stormwater management systems within 60 days of the bill’s effective date. However, the stormwater management system rules cannot be implemented until January 1, 2007.

The bill also authorizes and directs the DEP and NWFWMD to develop rules jointly for the management and storage of surface waters. DEP must initiate the management and storage of surface waters rulemaking within 60 days of the effective date of the bill. However, the management and storage of surface waters rules cannot be implemented until January 1, 2008.

In developing the ERP program within the State’s Panhandle, the bill directs DEP and NWFWMD to implement permitting streamlining measures, including electronic permitting, field permitting and certification programs for activities with minimal individual or cumulative impacts. These Environmental Resource Permitting rules must incorporate the permitting exemptions found in other water management district rules, and apply the least restrictive measures and criteria adopted in other water management district rules. In addition, the bill directs DEP to pursue efforts to streamline federal and state wetland permitting programs.

If the Legislature, in any given fiscal year, fails to fund the Environmental Resource Permitting Program in the Panhandle, the program shall be suspended for that fiscal year, and the statutes and rules revert to those existing on April 1, 2006, until funding is restored.
If this bill becomes law, it will take effect on July 1, 2006.

CS/CS/HB 273 - Outdoor Advertising Signs

In Florida, Chapter 479, F.S., governs billboards and other forms of outdoor advertising and commissions the Florida Department of Transportation (FDOT) as the regulator of these signs. Because federal dollars are used to build and maintain many of the roads and highways in Florida, the FDOT must also adhere to federal laws and regulations concerning billboards. CS/CS/HB 273 amends two sections in Chapter 479, F.S., related to the visibility and height of lawfully permitted billboards.

This bill limits a local government’s powers to regulate billboards. For example, it prohibits trees and other vegetation that are part of a “beautification project” from being planted in a legally erected and permitted billboard’s view zone. Any governmental entity violating this view zone must compensate the sign owner the lesser of lost revenue because of blockage or the sign’s fair market value.

“View zones” are established based on specific standard dimensions along public rights-of-way of interstates, expressways, federal-aid primary highways and the State Highway System. The FDOT and sign owners may enter into an agreement identifying the billboard view zone at a specific location. The bill defines the process by which a sign owner may file a claim in circuit court against local governments for violation of view zone requirements. A billboard owner may elevate signs to conform to federal requirements for land use, size and height if the sign is blocked by walls or screens so long as it complies with Florida Building Code standards. The bill does not apply to any existing settlement agreement between any local government and the owner of an outdoor advertising sign.

If this bill becomes law, it will take effect immediately.

HB 1039 – Miami-Dade County Lake Belt Area

This bill makes changes to the Miami-Dade County Lake Belt Mining Area (“Lake Belt Area”) by adding certain sections to the boundary of the Lake Belt Area that were excluded previously. The bill increases the mitigation fee for each ton of limerock or sand sold from the area from seven cents per ton to 12 cents per ton beginning January 1, 2007; 18 cents per ton beginning January 1, 2008; and 24 cents per ton beginning January 1, 2009. Beginning January 1, 2010, the mitigation fee is increased by 2.1 percentage points plus a cost growth index. The bill also creates an additional water treatment plan upgrade fee of 15 cents per ton beginning January 1, 2007, that will be used to upgrade a water treatment plant that treats water from the Northwest Wellfield in Miami-Dade County.

If this bill becomes law, it will take effect on January 1, 2007.

HB 1299 – Areas of Critical State Concern

HB 1299 creates a new process for removing the designation of the Florida Keys as an area of critical state concern. The bill also removes that designation as of October 1, 2009, unless the Florida Administration Commission finds that substantial progress toward achieving specified goals has not been achieved. For counties that were within an area of critical state concern for at least 20 consecutive years prior to the removal of the designation, the bill empowers such counties to (a) continue to levy the tourist impact tax for 20 years; (b) use the local government infrastructure surtax for 20 years; (c) allow land authorities created by the county to continue to exist; and (d) enact ordinances governing sewage systems.

If this bill becomes law, it will take effect on July 1, 2006.

HB 1015 – Agricultural Economic Development

This bill makes several changes to the relationship between local land use regulations and agricultural property. To begin with, the bill establishes an agricultural enclave designation and allows landowners within such to apply for a comprehensive plan amendment that will permit land uses and intensities of use consistent with uses and intensities of use of surrounding industrial, commercial, or residential areas. To qualify, the property must meet Greenbelt criteria, been in agricultural production for the past five years, and meet additional criteria. An agricultural enclave may not exceed 1,280 acres, unless the property is surrounded by existing or authorized residential development that will result in a density, at build out, of at least 1,000 residents per square mile, in which case the property is considered urban and the agricultural enclave property may not exceed 4,480 acres.

When a comprehensive plan is amended to address an agricultural enclave, the bill provides that the amendment must be transmitted to the Department of Community Affairs (DCA) for review at the first available transmittal cycle. The bill presumes the amendment is consistent with DCA’s urban sprawl rules, which presumption may only be rebutted by clear and convincing evidence.

The bill requires each water management district to enter into a memorandum of agreement with the Department of Agriculture and Consumer Services (DACS) to allow DACS to assist the water management districts in determining whether an existing or proposed activity qualifies for the agricultural exemption to the Environmental Resource Permitting program. The bill also requires the water management districts to notify agricultural water users of the ability to obtain consumptive use permits of 20 years in duration.

If this bill becomes law, it will take effect on July 1, 2006.

HB 749 – Onsite Sewage Treatment and Disposal Systems

HB 749 requires local governments that propose to expand or build new central sewer facilities to first provide a report that must include the following:

• Department of Health (DOH) information on the history of onsite sewage treatment and disposal systems currently in use in the area; and
• A comparison of a typical lot owner’s projected costs of connecting to and using the proposed sewerage system versus installing, operating and properly maintaining a DOH approved onsite sewage treatment system that provides for a comparable level of environmental and health protection as the proposed central sewerage system.

The bill also allows local governments to met growth management concurrency requirements for sanitary sewers for new development through the use of any DOH approved onsite treatment and disposal system. The bill authorizes local governments to grant variances to owners of performance-based onsite sewage treatment and disposal systems permitted by DOH as long as the onsite system is functioning properly and satisfying the conditions of the operating permit.

Finally, the bill clarifies the DOH enforcement authority when an onsite system has failed. The bill adds the degradation of ground or surface water as a standard for DOH enforcement.

If it becomes law, this bill will take effect on July 1, 2006.

HB 1359 – Hazard Mitigation for Coastal Redevelopment

This bill defines a Coastal High Hazard Area (CHHA) as an area below the elevation of the category 1 storm surge line. The bill requires that the coastal management element of a local government’s comprehensive plan to include a CHHA designation. The bill provides guidance for local governments that amend their comprehensive plans to increase population densities in a CHHA.

Under the bill, proposed comprehensive plan amendments must be in compliance with state coastal high hazard standards. This can be achieved if one of the following applies: (a) the adopted level of service for out-of-county hurricane evacuation is maintained; (b) the 12-hour evacuation time to a shelter is maintained and there is sufficient shelter space available; (c) appropriate mitigation will ensure that the level of service for out-of-county hurricane evacuation is maintained; or (d) mitigation will ensure that the 12-hour evacuation time to a shelter is maintained and there is sufficient shelter space available. If mitigation is employed, it may not exceed the amount required for a developer to accommodate impacts reasonably attributable to the development, and must include the payment of money and the contribution of land and construction of hurricane shelters and transportation facilities. For local governments that do not have established levels of service for out-of-county hurricane evacuation by July 1, 2008, the level of service shall be no greater than 16 hours.

By July 1, 2008, local governments must amend the future land use map and coast management elements of their comprehensive plans to include the new CHHA definition, the CHHA map, and appropriate mitigation strategies. The bill also requires the Division of Emergency Management to manage the update of regional hurricane evacuation studies, and prohibits the Department of Health from issuing construction or repair permits for onsite sewage treatment and disposal systems located seaward of the coastal construction control line without receipt of a permit from the Department of Environmental Protection.

If this bill becomes law, it will take effect immediately.

HB 1347 – Land Acquisition and Management

This bill creates the Babcock Ranch Preserve Act and establishes the Babcock Ranch Preserve which is intended to protect and preserve the environmental, agricultural, scientific, scenic, geologic, watershed, fish, wildlife, historic, cultural, and recreational values of the Babcock Ranch Preserve and provide for the multiple use and sustained yield of the renewable surface resources within the Babcock Ranch Preserve. The bill also authorizes the creation of a not-for-profit corporation known as “Babcock Ranch, Inc.” Babcock Ranch, Inc. will assume management of the Babcock Ranch Preserve with input from the Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services. Babcock Ranch, Inc. will be governed by a nine member governing board whose members will be appointed no later than 90 days after the initial acquisition of the “Babcock Crescent B Ranch” by the State.

The bill appropriates $310 million from the Florida Forever Trust Fund to DEP for purchase of the Babcock Ranch. The bill also appropriates $50,000 for fiscal year 2006-2007 to DEP for the operation and management of the Babcock Ranch Preserve.
If this bill becomes law, it will take effect immediately.

Eric T. Olsen is the Chair of the Environmental & Land Use Law Section Legislative Committee. Mr. Olsen is a shareholder with Hopping Green & Sams, P.A., in Tallahassee.

Latest Section News:

July 2006

Eric T. Olsen is the Chair of the Environmental & Land Use Law Section Legislative Committee. Mr. Olsen is a shareholder with Hopping Green & Sams, P.A., in Tallahassee.

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