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February 2001 Reporter

ARTICLES  
     
  2001 Legislative Preview 
Eric T. Olsen

      

 

     The 2000 Legislative session was remembered more for the environmental related legislation that did not pass rather than by that which became law.  Bills dealing with defining the sovereign submerged lands boundary, limiting administrative lawsuits, growth management reform, private water markets, and allowing lakefront homeowners to remove aquatic vegetation and muck failed but generated considerable controversy.  Term limits also took effect for the first time in the 2000 session which added fuel to the fire.

     The 2001 Legislature appears likely to revisit some of these same issues.  Growth management reform will be under consideration as the Growth Management Study Commission created by Governor Bush’s executive order is rapidly finishing up their final report.  Senator Cambell has reintroduced a bill (SB 318) banning the sale of water rights obtained under a consumptive use permit.  Legislation changing the Administrative Procedure Act’s provisions on challenging permits and other forms of agency action is also on the horizon.

     Other environmental issues expected to be debated during the 2001 Legislative session include standards allowing for the increased use of aquifer storage and recovery, disposal of demineralized concentrate generated by reverse osmosis facilities, continued Everglades restoration funding, removal of the Rodman Dam, and manatee protection.  DEP’s legislative initiatives include allowing publication of permitting notices on DEP’s website, and setting forth a standard schedule of administrative fines.  DEP is also seeking legislation that will provide more definitive standards for considering a permit applicant’s prior compliance history when deciding if an applicant has provided the requisite “reasonable assurance” needed for permit issuance.

     Governor Bush’s proposed budget for the upcoming fiscal year continues the State’s $100 million annual commitment to Everglades restoration, and proposes $600,000 to create a plan to breach the Rodman Dam without harming the ecosystem of the lower St. Johns River.  The Governor’s budget also proposes $200,000 for the initial restoration of Silver Springs, and a $2.5 million Florida Springs Initiative.  In addition, the Governor sets forth $7 million for manatee protection, and $2 million for Game and Fresh Water Fish Commission enforcement officers overtime pay to provide for increased enforcement of boating laws.

     Solid waste management facilities may also be debated by the 2001 Legislature.  As of this writing, Representatives Ball and Greenstein have introduced bills on this topic.  Representative Ball’s bill (HB 9) requires permit applicants seeking to construct, expand, or increase capacity of such facilities to demonstrate compliance with local government zoning and land use regulations.  Representative Greenstein’s bill (HB 125) requires solid waste management facilities accepting construction and demolition debris for disposal to be constructed with a liner and leachate control system.

    The Republicans have increased their legislative control.  The House of Representatives consists of 77 Republican members and 43 Democratic members.  The Senate consists of 25 Republicans and 15 Democrats.

     In the House, the former Environmental Protection and Water and Resource Management Committees have been combined into a Natural Resource and Environmental Protection Committee.  Representative Harrington chairs this committee, and Representative Machek is vice chair.  The remaining members of the House Natural Resource and Environmental Protection Committee are Representatives Argenziano, Arza, Baxley, Brummer, Kravitz, Needelman, Sorensen, Bendross-Mindingall, Greenstein, Peterman, and Seiler.  In the Senate, the Natural Resources Committee is chaired by Senator Bronson with Senator Lawson serving as vice chairman.  Other members of the Senate Natural Resources Committee are Senators Dawson, King, Latvala, Laurent, Mitchell, Pruitt, Smith, and Sullivan.  

     As always, the next session of the Florida Legislature should be interesting!