Florida’s 2004 Legislature: The Good, The Bad, and The Ugly

FEATURED BILLS

A

HB 149 and SB 1156, Shooting Range Immunity From Cleanup Representative Baxley and Senator Peaden sponsored HB (House Bill) 149 and its companion, SB (Senate Bill) 1156. The National Rifle Association (NRA), a generous donor to Republican candidates over the past several years, backed the bills. SB 1156, which was passed by both chambers and signed into law by Governor Bush, grants shooting range owners and users immunity from liability for pollution caused by bullets. Immunity is linked to the implementation of best management practices (BMPs), but the immunity will be granted more than a year before the BMPs must be implemented. Presumably the state (i.e. taxpayers) will be picking up the tab for cleanup, but the bill does not identify a funding source. Perhaps worst of all, any government employee who brings action against a polluting shooting range can be charged with a first-degree misdemeanor. FLCV, along with other groups, formally asked the Governor to veto SB 1156.

B

SB 540 and HB 633, Manatee Protection or “The Marine Manufacturer’s Protection Act” Senator Bennett and Representatives Harrington and Antone sponsored these bills. The legislation, backed by the boating and watercraft recreational industry, mandates scientific study of Florida’s endangered manatee population but limits expansion, creation and enforcement of manatee protection zones. The bill mandates maximization of recreational boating opportunities in Florida, even though boat collisions are the leading cause of death for the endangered manatees. An amendment by Senator Wasserman-Schultz would have improved the effect of SB 540 on manatee welfare. Her amendment passed handily, but a vote to reconsider was called by Senator Crist. The Wasserman-Schultz amendment was killed in the revote. Governor Bush signed SB 540 despite thousands of e-mails, phone calls and letters asking him to veto the bill.

C

SJR 2392, SJR 2394, SJR 2396, SB 2398, SB 2400, SB 2402, and SB 1734 and House Bills 13, 49, 67, 239, 1743 1947, 1949, 1951, and 1979: Constitutional Amendments to Limit the Citizen Initiative Process These joint resolutions and bills were crafted to limit citizen access to the constitutional amendment process. Senators Atwater and Smith were the sponsors of all but one of the Senate bills. Entire committees were the sole sponsors of two of the House bills. House sponsors of the remaining bills include the following: Farkas, Green, Kallinger, and Kilmer. The worst of the Senate bills, Campbell’s SB 1734, included a provision to increase the number of signatures required for an initiative amendment, and paired that with a limit of only 12 months in which to collect the signatures. This shameful bill was withdrawn midway through the session. SJR (Senate Joint Resolution) 2392 and HB 1949 would have required that constitutional amendments be approved by 60% of the voters rather than the current simple majority. SJR 2394 would have changed the filing deadline for citizen initiatives to February 1, rather than the current September 1st deadline. The language of SJR 2396 and HB 1951 set limits on the scope of allowable citizen initiatives. The three Senate bills were written to implement the Senate joint resolutions through a special election to be held August 31, 2004. These anti-democratic initiatives and the proposed August 31 special election (that would have drawn a minority of the electorate) were brazen attempts to shut out the public from the legislative process. All the Senate bills sailed through committee and floor votes, but all except SJR 2394 died before getting a House floor vote. SJR 2394 passed the House on a split vote and will be on the November ballot. All but one of the House bills died before coming to a vote, but many of them were voted on in committees as proposed committee bills, or PCBs. These votes have been included in column C of the House Scores table. HB 1743 was the sole House bill to make it into law. It was written to require that a financial impact statement be prepared and appear on the ballot for constitutional amendments originating as citizen initiatives. Amendments originating from the legislature are exempt from this requirement.

D

SB 1712 and HB 1161, Agricultural Economic Development, or the “Fueling Urban Sprawl Act” These bills were sponsored by Representative Pickens and Senator Argenziano. The bills would allow the owners of “agricultural enclaves” (farmland surrounded on 75% of its perimeter by lands zoned for industrial, commercial, or residential use), to apply for an amendment to the local comprehensive plan. The bill text alleges that this action will prevent urban sprawl, but environmental groups held firm that this legislation will exacerbate urban sprawl. Each bill also included unrelated legislation concerning consumptive use permits. SB 1712 was substituted for HB 1161. The Governor vetoed the bill.

E

HB 849 and SB 1214, Wekiva Parkway and Protection Act Senator Constantine sponsored SB 1214. In the House, Representatives Anton, Brummer, Gardiner, Kallinger, McInvale, Mealor, Patterson, and Simmons sponsored HB 849. The bills implement the recommendations of the Wekiva Basin Area Task Force, charged with planning a transportation link from I4 to SR 429. The Task Force developed a plan for a transportation corridor that would afford the greatest protection for the Wekiva River Basin Ecosystem. The House adopted the Senate version of the bill. The Governor signed the bill and it is now law.

F

SB 2202 and HB 937, Lead Poisoning Reduction Act Senator Miller and Representatives Joyner and Roberson sponsored these bills. They would have established a statewide program for prevention, screening, diagnosis and treatment of lead poisoning. They also provided for the development of a proposal to regulate compliance with lead safety standards. After passing committee votes in each chamber, SB 2202 and HB 937 died.

G

SB 1174, Developments of Regional Impact or “Continue to Weaken Growth Management Act” Senator Bennett sponsored SB 1174. This bill would have eliminated state and regional planning councils from the planning process for large developments. Often these developments impact more than one local community, and “big picture” oversight is necessary to assure the concerns of all stakeholders are fairly addressed. SB 1174 would have also exempted marinas from planning requirements. This legislation would have perpetuated large development sprawl at the expense of community building. After three committees and floor activity, the bill died in a House committee.

OTHER BILLS OF INTEREST

H

HB 293, HB 855, SB 1104, and SB 1142, Water Resources Representatives Russell and Machek sponsored HB 293 and HB 855. Senator Dockery sponsored SB 1104 and SB 1142. These bills include requirements for water use planning, water conservation, and reuse of water resources. HB 855 and SB 1142 died after passing a few committee votes. SB 1104 passed three Senate committees and then HB 293 was substituted for it. Although HB 293 includes a provision for a feasibility study for releasing reclaimed water into canals (limited to the South Florida Water Management District), stipulations added at the insistence of environmental groups will ensure the protection of water resources during the course of the study. HB 293 was passed by the House and Senate with no dissenting votes and the Governor signed the bill.

I

HB 409 and SB 686, Coastal Redevelopment Hazard Mitigation Demonstration Project Act or “Rebuild in Dangerous Coastal Areas Act” These bills were sponsored by Sullivan in the House, and by Jones in the Senate. These bills allow for increased development in coastal high hazard areas. HB 409 passed three committees and then SB 686 was substituted. SB 686 survived two committee votes and a floor vote before dying on the calendar.

J

HB 415 and SB 1404, Waterway Markers Senator Alexander and Representative Bowen sponsored these bills. They would have allowed signs and markers to be placed in inland waterways without permits. After passing floor votes in both chambers, HB 415 died on the calendar.

K

HB 1551 and SB 1492, Renewable Energy The only legislator admitting to sponsorship of these bills is HB 1551 sponsor Representative Reagan. Four entire committees were cited as the other sponsors. These bills included designations of municipal solid waste (MSW) and biomass as renewable, alternative, or green fuel sources. After surviving three committee votes and a floor vote in the Senate, SB 1492 died. HB 1551 passed one House committee vote but then died on the calendar.

L

SB 162 and HB 143, Land Development Regulations Senator Bennett sponsored SB 162. Representative Barreiro sponsored HB 143. This legislation will allow developers to commence or continue work despite government’s determination that their permit approval standards were deficient. It also allows certain charter counties exclusive land use planning authority. The Senate passed SB 162. The final version of the bill was rushed through the House in the last moments of the legislative session. It was not read or debated, and members voted without even seeing the bill text. The Governor signed the bill.

M

SB 488 and HB 233, NWFWMD Funding Equity Senator Lawson sponsored SB 488, and Representative Richardson sponsored HB 233. The bills would have increased the millage rate for funding for the Northwest Florida Water Management District (NWFWMD). Funds available to the district are currently limited to 0.05 mill, half the rate allowed for taxes to fund the other water management districts. With major land development projects expected in the panhandle in the next several years, the need for full funding for the NWFWMD has become more urgent than ever. SB 488 passed three committees before dying. HB 233 died before being considered by any committees.

N

SB 1518, Voluntary Agreements for Large Dairy Farms SB 1518, sponsored by Senator Lawson, was born as an innocuous little bill that would have deleted a reference, in a state statute, to an axed division of the Department of Environmental Protection (DEP). But Senator Lawson allowed his colleague, Senator Argenziano, to strike the entire bill language and replace it with language designed to subvert a recent circuit court ruling. The ruling directed the state to clean up wastewater discharged from large dairy farms. DEP, in defiance of the federal Clean Water Act, has been allowing large dairy farms to discharge untreated animal wastes to groundwater and surface waters of the state. These dairies are operated on a scale known as Concentrated Animal Feeding Operations, or CAFOs, where several hundred animals are kept in a small area, generating huge quantities of waste that pollutes waterways and aquifers. Groundwater in the Suwannee River Basin has nitrate levels in excess of federal drinking water standards, and two to three orders of magnitude greater than the concentration found in healthy spring ecosystems. A recent lawsuit, brought by a number of environmental groups against the DEP, found that the agency has failed to implement and enforce a permitting program for large-scale dairies as required by state law and the federal Clean Water Act. The judge also ruled that DEP could not rely on voluntary programs in lieu of Clean Water Act permits. This bill appears to have been designed to subvert the circuit court order by authorizing DEP to use the same voluntary programs that were found to be illegal by the circuit court judge. Incidentally, our DEP is appealing the court decision. After passing through one committee, the bill died.

O

SB 2548, SB 2188, and HB 1593, Land Development Representatives Harrell and Ambler, and Senators Bennett and M. Davis were the sponsors of these runaway trains masquerading as bills. These bills earn the “train” designation by being a mishmash of loosely-related proposals linked together under one bill number. These three bills would have allowed county governments that receive unclaimed or abandoned lands from estate settlements to be free from environmental liability arising from the ownership of such lands. The bill does not specify a provision for cleanup of those lands. SB 2548 died before making its way to the House. HB 1593 passed one House committee vote before SB 2188 was substituted for it. SB 2188 passed three Senate committee votes and floor votes in both chambers before being sent to the Governor.

P

HB 39, HB 1661, SB 1664, and SB 2652, Worker Safety With Respect to Agricultural Pesticides Representative Peterman sponsored HB 39, and Representative Stansel sponsored HB 1661. Senator Hill and Senator Argenziano sponsored SB 1664 and SB 2652, respectively. These common-sense bills would have provided for enforcement of federal worker protection laws; required employers to make pesticide information available to farm workers; and protected farm workers from retaliatory action when they exercise their rights. Unfortunately, all of these bills died. The bills sponsored by Representative Peterman and Senator Hill each passed two unanimous committee votes. The other bills languished before dying.

P

SB 2954 and HB 1307, Agricultural and Migrant Labor Representative Poppell sponsored HB 1307. Senator Alexander sponsored SB 2954. The content of these bills overlaps that of the bills in the previous paragraph. HB 1307 was born as a three-page vehicle for improving the lives of migrant and seasonal workers by establishing a Legislative Commission on Migrant Labor, with an advisory committee made up of a broad cross-section of stakeholders, including a labor representative. SB 2954 sprang to life as a 54-page bill addressing a myriad of migrant worker issues, and providing rights and protection for migrant farm laborers. It also included the Legislative Commission on Migrant Labor, but its proposed advisory committee did not include a labor representative. By the end of the session, the House bill had grown to surpass the length and breadth of the Senate bill, but remained, overall, a beneficial bill. The bill included a farm worker right-to-know provision concerning pesticide exposure. HB 1307 was substituted for SB 2954. Both chambers passed the bill and the Governor signed it into law.

Q

HB 1971, Elections This bill, sponsored by Representative Harrington, was introduced late in the session. One version would have doubled campaign contribution limits. A less offensive version passed a floor vote in the House, but died before reaching the Senate.

R

HB 319, Florida Incentive-Based Permitting Act Representative Stansel sponsored HB 319. Senator Argenziano sponsored SB 2128. The legislation would have provided monetary incentives to regulated industries for complying with mandated environmental permitting activities. It would have also required DEP to grant longer permits, automatic permit renewals and fewer inspections. Taxpayers rightfully expect compliance without the promise of financial compensation. This bill died in the House Appropriations Committee.

Senator Campbell’s Amendment to SB 1184, Condominiums This bill is of interest to environmental activists only for its amendment, offered by Senator Campbell and adopted, that strengthens protections from SLAPP suits (Strategic Lawsuits Against Public Participation). SLAPP suits have been used by powerful development interests to shut out citizens from land use decision making.

GOOD BILLS, NO VOTES

SB 1230, Clean Money, Clean Elections This bill, sponsored by Senator Wilson, would have provided eligibility requirements for clean-money campaign funding, directed the Secretary of State to create a nonpartisan Voter Information Commission, and would have required publicly-funded broadcast stations to provide free coverage of campaign debates. It failed to reach a single Senate committee and thus there is no voting record concerning this bill.

SB 178 and HB 365, Arsenic in Treated Wood on Playgrounds Senator Wasserman-Schultz and Representative Joyner sponsored these bills. The bills would have banned the use of wood treated with chromated copper arsenate in construction of public playgrounds. Both bills died before seeing a single committee vote.