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!
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