A change in administrations in the City where spring begins is always exciting; this year brings a sea change in state government: a Republican Governor, a Republican majority in the House and Senate, and a changing Cabinet. This change in administration also brings about executive appointments that are vital to Florida environmental and land use lawyers.

     David B. Struhs is the new Secretary of the Department of Environmental Protection. Mr. Struhs served as Commissioner of the Massachusetts Department of Environmental Protection and as Chief of Staff for the Counsel of Environmental Quality under President Bush. He was also a member of the Canyon Group, Inc., a Los Angeles-based management consulting group. Steve Seibert is the new Secretary of the Department of Community Affairs. Mr. Seibert is a former Pinellas County Commissioner and well-known land use attorney. He also served on the Board of Directors of the Florida Association of Counties. Bob Brooks, M.D., is the new Secretary of the Department of Health. Dr. Brooks is a former state Representative from Winter Park. In addition, J. Allison DeFoor is the new Everglades Policy Coordinator in the Office of the Governor. Mr. DeFoor is a former Sheriff of Monroe County from Key West, served as President of the Florida Land Trust Association, and is on the Board of the Florida Audubon Society.

     Environmental attorneys of course are very interested in the appointment of Mr. Struhs to head up the DEP. In his questionnaire for gubernatorial appointments, Mr. Struhs was asked to state his experience or interest or elements of his personal history that qualify him for his appointment: "I believe my academic training, my employment in various federal and state government positions, and my private sector experience qualify me well for appointment as Secretary of the Florida DEP." In addition to Mr. Struhs' impressive employment background, his education includes an M.P.A. from Harvard University and a B.A. from Indiana University.

     Other exciting developments include changes that will restructure the state Cabinet as a result of Amendment No. 8, proposed by the Florida Constitution Revision Commission and approved by the state electorate in November of last year. This Amendment reduces the number of state Cabinet positions from six to three by eliminating the Secretary of State and the Secretary of Education as elected offices; and combining the current positions of Treasurer and Comptroller into a Chief Financial Officer slot which would be an elected position. The new Cabinet will consist of the Chief Financial Officer, the Attorney General, and the Agriculture Commissioner. This streamlined Cabinet is expected to strengthen the power of the Governor, who will appoint members to a state Board of Education and have the tie-breaker vote in the Cabinet. The Cabinet reform revision applies to the election cycle of the year 2002 and otherwise takes effect of January  7, 2003.

     Another interesting change brought about by the recent election is Amendment 5, relating to conservation of natural resources and the creation of the Fish and Wildlife Conservation Commission. The Amendment expands the Constitutional protection of our natural resources; creates the Fish and Wildlife Conservation Commission granting it the regulatory and executive powers of the Game and Freshwater Fish Commission and the Marine Fisheries Commission; removes the Legislature's exclusive authority to regulate marine life and grants certain powers to the new Commission; and extends indefinitely the state's power to sell bonds to purchase conservation lands and could make it even more difficult for the state to sell the land it has acquired for preservation. The conservation of natural resources provision expands the Constitutional protection for natural resources but does not provide a Constitutional guarantee for preserving the environment. The proposed Amendment expands Article II Section 7 of the Florida Constitution, which declares that it is "the policy of the state to conserve and protect its natural resources and scenic beauty," and requires that "adequate provision be made by law for the abatement of air and water pollution." The Amendment expands that mandate to the conservation and protection of natural resources.

     A number of challenges are before these new government leaders, including a fairly full legislative agenda. As explained more fully in the 1999 legislative preview by Kent Wetherell in this issue, potential issues include water resource and environmental restoration/enhancement funding as part of the Florida Forever Program; the Legislature's role in the Everglades "Restudy" Plan or reliance exclusively on the South Florida Water Management District; a DEP directive under the Clean Water Act to establish Total Maximum Daily Loads for water bodies which do not meet their designated use; application of the Environmental Resource Permit Program in the Northwest Florida Water Management District; potential implementation of Transportation and Land Use Study Commission recommendations; changes in the Administrative Procedure Act to address limitations on agency rulemaking; and other issues.

     ELULS members and their leaders look forward to a new year and to working with the new Governor, Cabinet, Legislature, and agency heads. The decisions made by these persons could have a major impact on the environment and economy of the State of Florida for decades.

     ELULS Executive Council and Committees also are hard at work this year. The CLE Committee led by John Fumero has scheduled several excellent seminars and workshops. The schedule includes The Fifth Annual Public Interest Environmental Conference on February 25-27 in Gainesville, chaired by Tom Ankersen and Stephanie Mairs; Current Issues and Controversies in Environmental Land Use and Local Government Law on March 12 in Ft. Lauderdale, chaired by Maribel Nicholson-Choice; Current Issues in Land Use on April 23 in Tampa, chaired by Terrell Arline and Susan Trevarthen; Boating and Maritime Law on May 21 in Ft. Lauderdale, chaired by Richard Hamann and Tom Ankersen; and Environmental Issues in Land Use Law on June 24 in Boca Raton, chaired by David Ashton and John McNally. The Executive Council is scheduled to meet on March 11 in Ft. Lauderdale, May 22 in Ft. Lauderdale, June 24 in Boca Raton, and August 19 in Amelia Island. ELULS members are encouraged to attend the seminars and workshops and participate in Council activities.

     Under the leadership of Joel Balmat, the Affiliates Committee is continuing to involve the affiliates in ELULS programs. Affiliate members are participating in ELULS seminars, workshops, and publications. Suzi Ruhl, Chair of the Committee on Access to Justice, has a number of projects planned for this year. In particular, the Committee is planning a strategic assembly on environmental justice to be held on March 11 in Ft. Lauderdale. Tim Smith, Chair of the CLE Treatise Committee, is continuing his work on producing the new and improved Treatise. ELULS Chair-Elect Larry Sellers is leading a number of initiatives including an on-going review of seminars and workshops, by-laws revisions, and legislative positions. All of these and other ELULS leaders are serving well the Section and our members are urged to contact them and support their efforts.