Florida League of Conservation Voters

Governor Jeb Bush's First Session Report Card on the Environment (1999)

Issue	Bill Number	Grade
Recycling	HB 1041	+
Septic Tanks	SB 2380	+/-
Tort Reform/Deform	HB 775	-
Florida Forever	SB 908	+/-
Everglades Restoration Funding	FL Forever Am.	-
Administrative Procedures	HB 107	-
Campaign Finance Reform	HB 559 et al.	-
Game and Fish Commission	SB 864	-
Wetlands Permitting	HB 2067	-

Recycling - HB 1041 Reviser Bill [Vetoed] (+)
    This legislation would have eliminated the 30% mandatory local municipalities' solid waste reduction goal. The Florida Chapter Sierra Club, Florida League of Conservation Voters, and the Florida Consumer Action Network jointly requested the veto. Based on the Governor's veto message, he recognized the importance of the program.

Septic Tanks - SB 2380 [Vetoed] (+/-)
    Homebuilders pushed for no interference or regulation from the Department of Environmental Protection and the Department of Community Affairs when HRS reviews permit requests for allowing additional septic tanks underground. HRS only does site-by-site environmental and public health impact reviews - not cumulative reviews such as those done by DEP and DCA. The legislation was eventually vetoed but not because of "toxic toilets." In his veto message, Bush indicated that he recognized the need for "reform" and was troubled by the delays experienced by builders.

Tort Reform/ Deform - HB 775 [Law] (-)
    This legislation is a polluter immunity act because of the governmental rules defense, punitive damages, and vicarious liability language within it. The bill grants immunity to corporations that comply with minimum government standards (i.e., the governmental rules defense), which are often already inadequate. It also allows corporations to escape responsibility by declaring ignorance (i.e., vicarious liability). Corporations can simply declare they were within the limits of the law, that is, the minimum safety standards set by the agency, and then blame any damages on the project's contractor.
    According to Dan Hendrickson of the Florida League of Conservation Voters, "More than ever, the burden to cleanup the environmental damages caused by irresponsible corporate behavior will rest on the shoulders of the taxpayers and citizens of Florida, and punitive damages will no longer be a disincentive for corporations to use safe and environmentally responsible precautions."

Florida Forever - SB 908 [Law] (+/-)
    The continuation of Florida's popular land-buying program for the next ten years was formalized. However, the program now includes provisions allowing roads, power lines, and pipelines to cross state-purchased conservation lands. The law also increased revenue-generating opportunities for private corporations and water resource development projects. Also included in the legislation is language that calls for subsidizing the cleanup of impaired water bodies including "total maximum daily load" water bodies.

Everglades Restoration Funding - Florida Forever (-)
    Additional funding for the restoration and cleanup of the Florida Everglades was not supported by the Governor, even though there were funding options outlined and legislation introduced very early in the session. The Governor's refusal for additional Everglades funding contributed to the legislative leadership's success in defeating the $100 million proposal for Everglades restoration. A verbal commitment was made to find additional moneys from the state in the 2000 Legislative Session.

Administrative Procedures Act - HB 107 [Law] (-)
    Touted as a means of "reigning in" state agencies and appeals courts that implement and interpret rules, this bill permits businesses, developers, and individuals to challenge existing environmental rules as well as future ones. As a result, hundreds of rules that protect Florida's environment are now at stake, and the state's protection is more vulnerable to the hands of the special interests controlling the Legislature. Bush, as well as legislative leaders, ignored environmentalists' and state agencies' opposition to the bill.

Campaign Finance Reform - HB 559, et al. (-)
    Several bills were introduced and actively worked on; however, nothing significant passed, and there was no support by Governor Bush for the measures. Important features of reform legislation include: Long-overdue limits on "soft money" to the political parties, closing the loophole on the "three-pack" advertisements, disclosure on other "attack ads," campaign spending and contribution limits, and, most importantly, public funding not only for statewide seats, but for House and Senate seats as well. Gov. Bush repeatedly states that he wants to eliminate public funding and that there should not be limits on campaign spending.

Game and Fish Commission - SB 864 [Law] (-)
    Mandated by last fall's statewide passage of Constitution Revision 5, the Fish and Wildlife Conservation Commission was officially written into the Florida Statutes. However, the House amended weakening language that explicitly undermines the Constitutional protection for the endangered Florida manatees and other marine species with regard to regulatory and executive powers to protect these endangered and threatened marine species (wild animal life and freshwater aquatic life).

Wetlands Permitting - HB 2067 [Law] (-)
    This legislation continued the status quo for wetlands permitting in Northwest Florida, which does not have the same "environmental resources permitting" requirements. This law expressed total disregard for citizens who have been flooded by developments which are eating up isolated wetlands. It was even amended to shift the payment of attorney fees by the prevailing party to the governmental agency. The Legislature and Governor Bush missed an opportunity to do the right thing. Consequently, agencies will still not challenge much of any proposed wetlands destruction in northwest Florida.

Research provided by the Florida League of Conservation Voters.

Tallahassee, Florida                              12/15/99

GOVERNMENT BY SLOGAN:

" LESS PROCESS, MORE PROTECTION"

Bush Earns Failing Grade on Environmental Policy Decisions: Less Process, Less Protection

Tallahassee: The Florida Chapter Sierra Club and Florida League of Conservation Voters today critiqued a list of environmental policy decisions made by Governor Jeb Bush on his first year on the job. The job of protecting the people of this state, our public health and environment. The two groups also are bringing in the new millennium with some predictions for the New Year.

The scorecard reflects important legislative bills sent to Governor Bush's desk for his signature, as well as administrative decisions made throughout the year. Of the nine bills rated, there was one positive, two neutral, and six negative scores, including policy decisions with regard to the Everglades, the Ichetucknee River, growth management, and air pollution. "All of these were reflected in the extremely low overall score earned by Governor Bush," explained Nancy Brown, President of the Florida League of Conservation Voters. " It shows the failure inherent in trying to run government by slogan, such as DEP's "Less Process, More Protection."

    "As public officials and by nature of their very positions, Governor Bush and Department of Environmental Protection Secretary David Struhs are supposed to be stewards of Florida's natural legacy. Clearly they do not agree," said Maurice Coman, incoming Florida Chapter Sierra Club Conservation Chair. "Their actions during their short time in office have demonstrated they are plainly on the side of helping private business profit from that legacy. Some of these actions go so far as to remove the safety nets of our public health and environmental protections."

ENVIRONMENTAL POLICY DECISIONS

•   Secretary Struhs reversed his objections to HB 107, Reforms of the Administrative Procedures Act, which severely restricts citizens, and state agencies from challenging permitting decisions that adversely impact their communities.

•   In the Florida Forever bill, touted as a wonderful environmental bill, Governor Bush and Secretary Struhs failed to strike for profit private use of public lands, such as linear facilities (power lines and pipelines). They also agreed to divert public funding from acquisition of environmentally sensitive lands to pay for cleanup of polluted water bodies instead of requiring polluters to pay 100% of the bill.

•   The Ichetucknee River cement kiln permit was first denied, but then was approved for Anderson Columbia, months later when Governor Bush and DEP Secretary Struhs decided to get out of the way and leave the citizens hanging. Local residents opposed to the kiln were notified 30 minutes before the announcement of a DEP settlement.

•   Tampa Electric Company (TECO) in December received an unworthy reprieve from DEP. Governor Bush and Secretary Struhs stepped in front of a federal lawsuit EPA filed against TECO for being in violation of the Clean Air Act.

•   Weakening of the Growth Management Act (GMA); in a surprise move, Governor Bush reversed his Administration's promise to have slow and deliberate review in 2000 and careful changes to the Act in 2001, now changes are planned for this next session. Gov. Jeb Bush and his administration, arguing that the law has not lived up to expectations, have undertaken a massive rewrite of the GMA. But instead of looking for ways to give the law more teeth, the governor and his aides are leaning toward a complete about-face in policy that would turn control over to local governments and further hack away at citizen standing and citizens' ability to help plan the future of their neighborhoods.

  "While we appreciate the Governor rejecting Collier County's comprehensive plan and sending the commission back to rework the plan, the contradiction here is that he has seen how ineffective local government can be in managing their own affairs. It is incredible to me that the Governor would recommend giving local government more authority for planning when local government has shown such weak leadership in protecting our environment and our communities from urban sprawl," stated Alan Farago, Florida Chapter Sierra Club sprawl issue chair.
.

•   Bush stopped a reservoir site purchase that would have benefited Everglades Restoration, (the Berry Farms acquisition, which now is slated to become a new town).

•   The Governor failed to secure $100 million a year in the 1999 legislative session for Everglades restoration.

•   The Governor's appointees to the South Florida Water Management District reversed their previous decision to purchase the 8.5 square mile area. This purchase is an essential element of Everglades restoration.

•   In response to the passage and signing of the tort reform legislation, Dan Hendrickson of the Florida League of Conservation Voters stated, "More than ever, the burden to cleanup the environmental damages caused by irresponsible corporate behavior will rest on the shoulders of the tax payers of Florida, and punitive damages will no longer be a disincentive for corporations to use safe and environmentally responsible precautions."

•   "Every week there is another top down decision with sweeping impacts to the people and environment within Florida," stated Susie Caplowe, FL Chapter Sierra Club lobbyist.

APPOINTMENTS & FIRINGS:
In addition to the Governor's direct actions on environmental policy and laws passed by the Legislature, his administration has also decided:

•   to replace a topnotch mediator, Tampa DEP District Director Rick Garrity, with a developer attorney while at the same time retain Bobbie Cooley, the North West Florida DEP District Director who was found guilty by a jury of mismanagement and contributing to the environmental problems in the NW District. The jury recommended he be removed from his position in Pensacola;

•   to support the firing of longtime South Florida Water Management District scientist Nick Aumen;

•   to appoint a developer/attorney Kenneth Wright to the position of Chairman of the Environmental Regulatory Commission (ERC). Kenneth Wright routinely represents development interests in Central Florida and has been an advocate for more intense development within the Wekiva River Protection Area, This appointment still requires approval from the Florida legislature;

•   to appoint to the Florida Forever Advisory Council: Realtor, developer, timber harvester representatives, but no representative from an environmental organization;

•   to load the Governor's Commission on the Everglades with polluters and those who profit from the Glades personally and with two seats to the same Environmental organization that works closely with the administration.

PREDICTIONS
Here are a few predictions for the first year of the new millennium which the organizations based on recent proposals and comments by members of the Bush administration:

•   We predict a weakening of the role of expert, professional staff within state agencies. Unfortunately, citizens take agencies for granted and naturally expect agencies to protect them from drinking contaminated water and breathing polluted air. The people of this state expect agencies to cautiously review permits for compliance with natural resource and water quality laws, as well as growth management requirements;

•   We predict the new millennium will be very good for businesses and developers: Less process, less protection;

•   We predict privatization of governmental oversight across more divisions of Government;

•   We predict rampant urban sprawl and further over development of critical regions that will destroy natural areas and damage our future drinking water recharge areas;

•   We predict elimination of aquatic preserves and the demise of manatee protections;

•   We predict a continuation of the trend of weakened enforcement actions against permit violators;

•   We predict DEP will form a private-public partnership to help pay for the Everglades cleanup, and, in exchange, the private partner/entrepreneur will have the right to sell the public's water.

The Florida Chapter Sierra Club has 22,000 members throughout the state. The Florida League of Conservation Voters is a 25 year old environmental watchdog organization.