In the early fall of 1997,
environmental groups and representatives of the various state agencies who had been
involved in the P-2000 program began to "beat the drums" for at least a 10-year
an extension of the $300 million per year bond program. These
groups and agencies met at Wakulla Springs to coordinate their positions. Later meetings
were held with representatives of the business community. By the time the 1998 legislative
session commenced, there was considerable sentiment for the Legislature to create a new
program in 1998, before the year 2000 expiration date of the existing land acquisition
program.
In this vein, shortly before the commencement of the 1998
legislative session, Jeb Bush issued a paper unveiling his proposal for a new
"Florida Forever" environmental lands purchase program. He proposed a $3 billion
dollar purchase program commencing in 2001 and running through 2011. As the legislative
session progressed, the Republican leadership in both the House and Senate grappled with
the option of either extending the P-2000 Program or creating a new land buying program.
Eventually the House proposed a very ambitious program of bonded indebtedness to generate
$4 billion over the next 20 years for purchase of lands and $2 billion in bonded
indebtedness for junior college and higher education facilities (i.e. Florida 2020). The
Senate's response was a much more modest program which would have merely extended the
P-2000 Program by authorizing the floating of bonds of approximately $300 million per year
through the year 2010 (i.e. Forever Florida) and containing no educational funding
mechanisms. The differences between the proposals of the House and Senate, their
respective attitudes about the fiscal wisdom of long term bonded indebtedness eventually
caused the demise of both proposals.
Late in the legislative session, all sides were working on
bills which would extend the P-2000 program (HB
4551/SB
2024). The environmental community, state agencies, and the business community focused
mostly on the details, leaving the legislators to work out differences over the subjects
and size of the indebtedness and the length of the program.
The issues which were considered by the various groups and
interested legislators included:
What lands have previously been purchased and how are they being managed?
How much additional land should the state acquire?
What character of lands are needed in the future (e.g.conservation, parks, urban
recreation and/or water supply lands)?
Whether lands being purchased under the new program would be available for
multiple uses, regardless of the character or environmental values of the lands being
purchased?
Whether previously acquired lands would be available for multiple uses?
Do multiple uses include the use of conservation lands purchased under the
endangered lands programs for water supply? Agricultural activities? Recreation?
Would water supply uses be allowed only on lands purchased by the Water
Management District bs or would lands purchased by the Department of Community Affairs
through its Communities Trust, and by other state agencies, be made available for water
supply?
Would bond proceeds be available for the capital cost of building reservoirs,
wellfields or aquifer recharge and recovery facilities on acquired lands?
Representatives of various environmental interests and some
members of the business community struggled to agree on language that was mutually
acceptable on the issue of multiple use. Eventually, language agreed to by the Audubon
Society and business representatives was incorporated into CS/HB 4551, as follows:
"Multiple use of the lands being acquired by the state pursuant to Florida 2020
and future purchases, may be allowed where compatible with the resource values of and the
management objectives for such lands. As used in this legislation, multiple use includes
public recreation, water supply, water resource development projects, and sustainable
forestry management, where appropriate. As discussed herein, permittable water resource
development and water supply development projects may be allowed only under the following
conditions: the minimum flows and levels have been established for those waters
potentially affected by the project; the project complies with all conditions for the
issuance of permits under Part II of Chapter 373; and the project is consistent with the
regional water supply plans of the water management districts."
A version of the above language was eventually included
in the CS/SB 2024. Nevertheless, the Senate version of the minimum flows and levels
language was not acceptable to the environmentalists. The Senate Bill also authorized the
expenditure of bond proceeds to fund construction of reservoirs and aquifer recharge and
recovery facilities, but not for the construction of wells and pipeline facilities.
Other significant issues involved in the debate, included:
What portion of the bond proceeds should be used for the management of state
lands? Various legislators expressed frustration with the fact that although we have been
purchasing lands under various environmental purchase programs for over 15 years, the
management and management plans for acquired lands is still not in place or effective;
The tax millage which would trigger payments in lieu of taxes to small counties
(8.0 mills vs. 8.25 mills); and
What size counties should be eligible for payments in lieu of taxes, and whether
school boards would be eligible for payment in lieu of taxes? The payment in lieu of taxes
issue was driven by the fear of some small counties that a large portion of their tax base
would ultimately be lost through purchases of lands by the state under the new program.
Both legislative chambers were so concerned about the
details of the P-2000 program's operation and where they were going with the new program
that they immediately bought into the creation of an independent study commission which
could make recommendations to the 1999 Legislature on how the new program should be
structured. The Commission was to study:
Appropriate modifications and funding levels including the relative priority of
each funding category, i.e., which agency should get what amount of money to buy which
kinds of lands;
The process by which restoration, acquisition and capital improvement projects
are competitively selected;
How the acquisition lists are developed;
Appropriate changes in the legislative policies for managing conservation lands,
including, but not limited to:
1) Multiple uses of such lands;
2) Use for water supply purposes;
3) Use of state funds for management to assist local governments in managing the
purhased lands;
4) Use of state funds for management for exotic plant control; and
5) The level of management funding.
How lands are to be declared surplus and returned to private ownership;
How eminent domain and other land acquisition issues and procedures should be
modified;
Whether or not local governments should have a veto over acquisitions in their
jurisdiction where the public land ownership accounts for over 35% of the tax roll;
Appropriate strategies for evaluating the state's progress in acquisition of
conservation and recreation lands based on a review of the "Florida Preservation 2000
Needs and Priorities Addendum Report"; and
Whether bond money should be used to fund alternative water supply projects
and/or environmental restoration projects.
At one point, many were convinced that the Legislature would
simply pass a constitutional amendment for voter approval authorizing issuance of Florida
Forever/Florida 2020 bonds and adopt a study commission proposal, leaving to the 1999
legislative session the resolution of the more complex and unresolved issues.
In the end, the House and Senate could not agree on the
fundamental question of how much of the state's future bonding capacity should be pledged
to purchase land; how long the bond program should last; and whether or not educational
facilities should be included as part of the program. The difference between the House and
Senate positions were marked and unresolvable during the last few days of the session.
The future of P-2000 (or, its successor) is unclear, but the
sentiment expressed by most legislators is that a sensible, economically feasible land
purchase and water supply program should be part of Florida's environmental efforts. The
critical issues remain how water supply usage and creation fit into this "land"
purchase program and how acquired lands should be managed for the benefit of all
Floridians.
The 1999 legislative session will likely result in the
extension of the P-2000 program, in a compromise form, regardless of the outcome of the
Governor's race.
The major cloud on the horizon for the future of this program
is the possibility that the voters would reject Revision 1 proposed by the
Constitution Revision Commission relating to environmental issues which includes a land
purchase bonding authorization. Legislators could reasonably interpret such a vote as a
rejection of bonded indebtedness to acquire environmentally endangered lands and that the
electors believe that having spent $3 billion for P-2000 land purchases, plus the future
purchases that could be accomplished out of existing cash flow available under the CARL
and other purchase programs, is adequate to protect Florida's environmental future.