ARTICLES

   1998 FLORIDA LEGISLATIVE OUTLOOK
       Larry Curtin and Larry Sellers, Holland & Knight
       (September, 1997)

The Florida Legislature concluded its 1997 Regular Session on May 2, and it will begin its 1998 session next March 3. Legislators already have begun preparing for the 1998 Regular Session during this "interim" period. Initial committee meetings are scheduled for September 15-17, and many committees will meet once each month until the 1998 session begins.

Staff of the legislative committees also are busy on various interim projects that likely will form the basis for legislation that will be considered next year. Here's a quick look at some of these projects and some of the issues that likely will be debated in 1998:

Water Legislation. Water supply and development issues were among the most actively debated topics during the 1996 and 1997 legislative sessions. Significant water legislation was passed during the 1997 session and implementation of that legislation is ongoing. Although dealing with the topic comprehensively, the water legislation did not address all of the issues. Questions concerning the requirement to use local sources of water before venturing outside a geographic area for water and questions concerning funding for new sources of water supply will likely arise in 1998. These topics will be very controversial.

Everglades Oversight. The South Florida Water Management District is required to submit annual reports to the newly-created Joint Legislative Committee on Everglades Oversight beginning on January 1. The District also will be required to submit reports on federal dredge and fill permits, Everglades Trust Fund expenditures, and any debt financing it decides to undertake. The Committee's consideration of these matters may result in additional legislation to address restoration of the Everglades. State Lands Management/P2000. The Legislature will be taking a hard look at the management of the lands that have been purchased under the various state environmental purchasing programs, including P-2000. How are these lands to be used and managed? How is the management to be funded? What will happen to the $300 million annual acquisition program when the 10-year P-2000 commitment expires?

Risk Assessments. Legislation implementing the recommendations of the Risk-Based Priority Council came very close to passage in 1997. The House bill remains alive (under the new House rules), so look for this legislation to again receive serious consideration in 1998.

Streamlining the DRI Review Process. In 1996, the Legislature severed the link between elimination of the DRI review process and the strengthening of local government intergovernmental coordination elements. The DRI process was retained, subject to further review and evaluation. Several Senate committees are undertaking this review and evaluation, in an effort to determine whether it is possible to streamline the process.

School Concurrency. The newly-created Public Schools Construction Study Commission is to study and make recommendations for school planning, school siting and school concurrency.

Dry-Cleaning Site Cleanup Program. An interim project for the Senate Natural Resources Committee is the review of Florida's dry-cleaning site cleanup program. The objectives of the project are to address the concerns that have been raised regarding inadequate funds from the industry to offset the total immunity granted for cleanup costs, and to determine if safeguards are in place to prevent fiscal problems such as those that have occurred in the petroleum cleanup program.

Funding for Environmental Permits. Another interim project for the Senate Natural Resources Committee is a review of the fiscal policy relating to funding for environmental permits. The objective of the project is to review the current funding levels required by DEP for review and approval of environmental permits, and to determine an appropriate fiscal policy for the portion of these costs to be covered by fees charged to applicants.

Clean Air Act/Automobile Emissions Inspections. Senate committees also will be evaluating Florida's compliance with current and proposed federal standards for air quality. Florida currently conducts emissions inspections for mobile sources only in certain large metropolitan areas that previously were classified as nonattainment areas. These areas are no longer designated as nonattainment, and legislation has been filed to eliminate or reduce the frequency of these emissions inspections. If these emissions inspections are abolished, and the area again is classified as nonattainment, then major stationary sources in these areas may be subject to more stringent (and expensive) requirements. In addition, failure to comply with applicable federal requirements could result in the loss of substantial transportation funds. Nonetheless, expect emissions inspection legislation to again receive considerable attention.

Clean Air Act/Title V Implementation. During the 1997 session, measures were introduced that would have allowed certain new local air pollution control ordinances to be included in Title V permits only if the ordinances were adopted in accordance with specified "due process" requirements. These measures got caught up in another controversy and were not enacted in 1997. Expect these issues to be addressed in 1998, as DEP begins to issue more Title V permits.

Recycling Grants/SWMTF Review Commission. The Legislature created a Solid Waste Management Trust Fund Review Commission and directed the Commission to consider, among other things, alternative funding strategies for meeting the needs of solid waste management, the SWIM program and aquatic weed control. The Commission is required to submit its report by January 30, in time for consideration during the 1998 legislative session. Watch for this and other solid waste management issues to be debated in 1998.