2018 Legislative Wrap Up

Saving Special Places • Building Better Communities

Check out 1000 Friends’ 2018 Florida Legislative Wrap Up Webinar PowerPoint and Broadcast.


Summary:

Once again, 1000 Friends of Florida took the lead on a number of critical issues facing Florida:  

Secured $100 million for Florida Forever — 1000 Friends’ top legislation priority entering the 2018 session was to secure funding for Florida Forever land conservation.  We are pleased to report that after close to a decade of minimal funding, this year the Florida Legislature appropriated $100 million toward this vital program.  This includes $77 million for the purchase of environmentally endangered lands, $10 million for Florida Communities Trust which focuses on parks and open space, close to $6 million for conservation easements for rural and family lands, $2 million for working waterfronts and more. As 1000 Friends of Florida founder and Chairman Emeritus Nathaniel Pryor Reed notes, once again more than 1000 people a day are moving to our state. “While the 2018 appropriation is an important step forward, I hasten to assure you that even greater funding is needed in future years if we are to attain our vision for a sustainable Florida.”  1000 Friends remains committed to advocating fiercely for increased funding for Florida Forever in 2019 and beyond.

Halted damaging growth management legislation – 1000 Friends took the lead on halting damaging growth management legislation that would have created loopholes for developers seeking to develop designated rural lands within urban growth boundaries, considerably weakened Community Redevelopment Agencies (CRAs) which promote infill in urban areas, and made it easier for developers to add land to Community Development Districts (CDDs).

Thwarted draconian tree trimming bill – 1000 Friends and its members aggressively opposed legislation that would have taken away local government’s ability to regulate tree trimming and removal.  This would have had devastating effects on tree canopies in communities throughout Florida.  Close to 1,500 people signed 1000 Friends’ tree petition calling on the Legislature to stop this damaging bill, which was progressively weakened throughout the session and ultimately failed.

Blocked harmful springs provision – 1000 Friends was one of the leaders successfully calling to block a damaging provision that would have allowed septic systems around Outstanding Florida Springs.


Bill Tracker:

Bill Status: PASSEDDID NOT PASS

 

CONSTITUTION REVISION COMMISSION

Bill #/SponsorTitle / Description

2018 Florida Legislative


GROWTH MANAGEMENT/PLANNING LEGISLATION

Bill #/SponsorTitle / Description
SB 494 Lee
HB 405 Williamson
Linear Facilities
Read More

SB 494/HB 405 clarify that the Public Service Commission, and not local governments, has sole authority over siting certain utility infrastructure.  They would remove local government comprehensive planning authority over utility siting.

Senate Referrals (SB 494):  Communications, Energy, and Public Utilities (passed 7-0); and Community Affairs Committees (Passed); (Laid on Table, see HB 405).  

House Referrals (HB 405):  Energy and Utilities Subcommittee (passed 11-1); Natural Resources and Public Lands (passed 12-1); Commerce (Passed); Passed in House.

Senate Referrals (HB 405): Communications, Energy, and Public Utilities; Community Affairs (Withdrawn from committees 2/8); Passed in Senate). Signed by Officers and Presented to Governor.


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SB 1244 Lee
HB 1151 La Rosa
Developments of Regional Impact
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SB 1244/HB 1151 deletes much of the still existing rule related to Developments of Regional Impact, which are developments significant enough to impact more than one county. The bill would also make changes to the approval process for substantial deviations from an approved DRI development order and require that local governments abandon DRI development orders under certain circumstances.

Senate Referrals (SB 1244): Community Affairs (Committee Substitute Passed); Appropriations Subcommittee on Transportation, Tourism, and Economic Development (Passed); Appropriations (Passed), Rules (Passed); Passed in Senate; ordered enrolled.

House Referrals (HB 1151): Agriculture and Property Rights (Committe Substitute Passed); Local, Federal, and Veterans Affairs (Passed); Commerce Committees (Passed); Passed House


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HB 883 Local, Federal & Veterans Affairs Subcommittee and Ingoglia
OPPOSE Community Development Districts YOUR CALLS MADE A DIFFERENCE! (updated 3/22)
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Citizen calls made a big difference!

HB 883/SB 1348 would have made it easier for developers to add land to Community Development Districts (CDDs). 

Late in the session, the House substituted an omnibus growth management bill for 883. That amended version of 883 would have made changes to Community Redevelopment Agencies and to Developments of Regional Impact (DRIs) as well as to CDDs. 

In addition, the modified 883 would have created loopholes for developers seeking to develop land designated rural in counties with urban growth boundaries. 

None of changes became law. However, the proposed changes to DRIs in the amended 883 were substantially the same as the changes in law effected by 1151 which passed.

 


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SB 84 Lee
SUPPORT Municipal Conversion of Independent Special Districts
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SUPPORT -- SB 84 closes loophole in state law that allows some Independent Special Districts to convert to municipalities without complying with typical requirements for municipal incorporation. 

Senate Referrals (SB 84):  Community Affairs; Ethics and Elections; and Rules Committees.


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SB 292 Rodriguez
SUPPORT Private Property Rights
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SUPPORT -- SB 292 exempts property owners who produce renewable energy and distribute it to users on their property from being defined as a public utility. 

Senate Referrals (SB 292):  Communications, Energy, and Public Utilities; Community Affairs; and Rules Committees.


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SB 324 Young
HB 697 Miller
Impact Fees
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SB 324/HB 697 set uniform time for local governments to levy impact fees. SB 324 referred to Community Affairs; Appropriations Subcommittee on Finance and Tax; and Appropriations Committees. HB 697 referred to Local, Federal and Veterans Affairs Subcommittee; Ways and Means Committee; and Government Accountability Committee.

Senate Referrals (SB 324): Community Affairs (passed 6-0); Appropriations Subcommittee on Finance and Tax (Passed); Appropriations (Passed); Pending vote in Senate.

House Referrals (HB 697): Local, Federal, and Veterans Affairs (Passed); Ways and Means (Passed); Government Accountability (Passed); Passed House


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SB 362 Perry
HB 207 McClain/Clemons
OPPOSE Growth Management/Private Property Rights
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OPPOSE -- SB 362/HB 207 require local government adoption of a private property rights element into their comprehensive plan.

House Referrals (HB 207):  Agriculture and Property Rights Subcommittee; Local, Federal and Veterans Affairs Subcommittee; and Commerce Committee.

Senate Referrals (SB 362):  Agriculture and Property Rights Subcommittee; Local, Federal and Veterans Affairs Subcommittee; and Commerce Committee.


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SB 432 Lee
HB 17 Raburn
Community Redevelopment Agencies
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SB 432/HB 17 revise governance of Community Redevelopment Agencies including providing provisions for existing CRAs to expire and new reporting requirements for existing CRAs.

House Referrals (HB 17):  Government Accountability Committee (Passed 20-1); Passed House

Senate Referrals (HB 17): Community Affairs; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations; Rules

Senate Referrals (SB 432):  Community Affairs (Passed 5-1); Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations; and Rules Committees. 


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SB 542 Rodriguez
SUPPORT Public Financing of Construction Projects
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SUPPORT -- SB 542 requires construction contractors to conduct a sea level impact projection study, considering sea level rise and increased storm risk over the next 50 years, before beginning work on coastal projects that are funded in whole or part by the State of Florida. The study must assess the flooding, inundation, and wave action damage risks to the project; potential public safety and environmental impacts resulting from damage to the structure; and ways to mitigate and reduce risk, including siting the project in a different location. 

Senate Referrals (SB 542) – Environmental Preservation and Conservation; Government Oversight and Accountability; Appropriations Subcommittee on the Environment and Natural Resources; Appropriations.


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SB 574 Steube
HB 521 Edwards
Tree and Timber Trimming, Removal, and Harvesting YOUR CALLS MADE A DIFFERENCE! (updated 3/22)
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In their originally filed form, SB 574/HB 521 would have preempted all local government regulation to tree trimming and removal. 1000 Friends members aggressively opposed these bills which would have devastating effects on the tree canopy of communities throughout Florida. Through amendments, both bills became more tailored preemptions designed to ensure canals and drainage areas were free of vegetative obstructions. Neither bill passed.

 


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SB 1328 Perry
HB 987 Cortes, B.
OPPOSE Affordable Housing
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SB 1328/HB 987 prohibit local governments from charging developers of certain housing the cost to the local government for providing infrastructure to serve that new development including the cost of roads, schools, parks, water, and sewer; requires local governments to periodically prepare reports on publicly owned lands; requires local governments to issue development permits under certain conditions.

Senate Referrals (SB 1328): Community Affairs (Passed); Appropriations Subcommittee on Transportation, Tourism, and Economic Development (Passed); Appropriations (Passed); pending vote in Senate.

House Referrals (HB 987) Local, Federal and Veterans Affairs Subcommittee (Passed); Transportation and Tourism Appropriations Subcommittee (Passed); Government Accountability Committee (Passed); Passed House


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TRANSPORTATION LEGISLATION

Bill #/SponsorTitle / Description
SB 116 Baxley
HB 117 Stone
SUPPORT Operation of Vehicles
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SUPPORT -- SB 116/HB 117 make changes to motor vehicle code designed to improve safety for bicycle operators.

House Referrals (HB 117):  Transportation and Infrastructure Subcommittee (Passed); and Government Accountability Committee (Passed).

Senate Referrals (SB 116): Transportation; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; and Appropriations Committees.


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SB 176 Hutson
SB 548 Campbell
HB 6001 Avila
Traffic Infraction Detectors
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SB 176/SB 548/HB 6001 change allowances for use of traffic infraction detectors to enforce traffic laws (i.e., red light cameras).

Senate Referrals (SB 176):  Transportation; Community Affairs; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; and Appropriations Committees. 

Senate Referrals (SB 548):  SB 548 referred to Transportation; Community Affairs; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations Committees.

House Referrals (HB 6001):  House Appropriations Committee (passed 16-0); Passed House

Senate Referrals (HB 6001): Transportation; Community Affairs; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations


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SB 384 Brandes
HB 981 Olszewski
SUPPORT Electric Vehicles
Read More

SUPPORT -- SB 384/HB 981 requires Florida Transportation Commission to author report on transportation infrastructure funding in light of declining fuel tax revenue.

Senate Referrals (SB 384):  Transportation (Passed 7-0); Appropriations Subcommittee on Transportation, Tourism, and Economic Development; and Appropriations Committees.

House Referrals (HB 981): Transportation and Infrastructure (Passed); Transportation and Tourism Appropriations (Passed); Government Accountability (Passed); Passed House


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SB 572/Mayfield
HB 525 Grall/Magar
High-Speed Passenger Rail
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SB 572/HB 525 create safety provisions related to operation of High Speed Passenger Rail including requirements that rail operators pay certain operational and safety expenses.

Senate Referrals (SB 572):  Transportation Committee (passed 6-0); Community Affairs; Appropriations.

House Referrals (HB 525):  Transportation and Infrastructure Subcommittee; Transportation and Tourism Appropriations Subcommittee; and Government Accountability Committee.


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SB 1200 Young/Galvano
HB 535 Avila
Statewide Alternative Transportation Authority
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SB 1200/HB 535 renames the Florida Rail Enterprise the Statewide Alternative Transportation Authority and dedicates $25 million in annual funding to the Tampa Bay Area Regional Transit Authority and $35 million in annual funding to other local governments for the construction of non-road transportation systems including high-speed rail.  

 

Senate Referrals (SB 1200): Transportation (Passed); Appropriations Subcommittee on Transportation, Tourism, and Economic Development (Passed); Appropriations

House Referrals (HB 535):  Transportation and Infrastructure Subcommittee (passed 13-0); Transportation and Tourism Appropriations Subcommittee; and Government Accountability Committee.


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SB 688
HB 243 Avila/Perez
Charter County and Regional Transportation System Surtax
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SB 688/HB 243 would prohibit proceeds from the Charter County and Regional Transportation System Surtax, an optional sales surtax that some Florida counties may adopt by referendum, from being used for any purpose other than transit.

Senate Referrals (SB 688): Community Affairs (Passed 5-0); Appropriations Sub on Finance and Tax (Passed); Appropriations

House Referrals (HB 243): Transportation and Infrastructure (Passed 12-0); Ways and Means (Passed); Government Accountability (Passed); Passed in House


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SB 712 Brandes
HB 353 Fisher/Brodeur
Autonomous Vehicles
Read More

SB 712/HB 353 change Florida Uniform Traffic Control Law to allow autonomous vehicles.

Senate Referrals (SB 712): Transportation (Committee Substitute Passed); Banking and Insurance; Rules

House Referrals (HB 353): Transportation and Infrastructure Subcommittee (Passed); Appropriations Committee (Committee Substitute Passed); Government Accountability Committee


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SB 852 Brandes
HB 633 Fischer
Florida Smart City Challenge Grant Program
Read More

SB 852/HB 633 create a $15 million grant program within the department of transportation to implement innovative transportation projects including autonomous vehicles, plug-in hybrid vehicles and shared mobility services.  

Senate Referrals (SB 852):  Transportation (Passed); Appropriations Subcommittee on Transportation, Tourism, and Economic Development (Passed); and Appropriations Committees (Passed); Pending vote in Senate.

House Referrals (HB 633):  Transportation and Infrastructure Subcommittee (Committee Substitute Passed); Transportation and Tourism Appropriations Subcommittee (Passed); and Government Accountability Committee (Passed).

 


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SB 984 Brandes
HB 807 Diamond/Toledo
Metropolitan Planning Organization
Read More

SB 984/HB 807 would change the membership standards for metropolitan planning organization boards.

Senate Referrals (SB 984): Transportation; Community Affairs; Rules.

House Referrals (HB 807): Transportation and Infrastructure (Passed); Local, Federal, and Veterans Affairs (Passed); Government Accountability.


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CONSERVATION LEGISLATION

Bill #/SponsorTitle / Description
CONSERVATION FUNDING (updated 3/22)
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Florida Forever Funding:

       $77,000,000—Environmentally Endangered, Unique

       $10,000,000—Florida Communities Trust

       $5,807,500—Rural and Family Lands Program  (conservation easements)

       $2,000,000—Working Waterfronts Program

       $6,000,000—Florida Recreation Development Assistance Grants (FRDAP)

Everglades Funding:

       CERP--$111,072,295

       Northern Everglades--$31,000,000

       Restoration Strategies--$32,000,000

       EAA Reservoir--$64,000,000

       Dispersed Water Storage--$5,000,000

       Herbert Hoover Dike--$50,000,000

       TOTAL:  $293,072,295

Other Environmental Appropriations:

       Springs Protection—$50,000,000

       St. Johns River Protection--$20,000,000

       Beach Renourishment--$50,000,000

       Hurricane Beach Recovery--$11,198,282

       Florida Resilient Coastline Program--$3,600,00

       (contains $1 million for coral reef disease research

         & monitoring)

Land Management Funding:

       Water Management Districts--$10,000,000

       Division of Forestry--$6,886,703

       DEP/State Lands--$3,634,992

       DEP/State Parks--$1,825,876

       DEP/Greenways & Trails--$2,2076,436

       FWC/Invasive Plant Management--$31,823,647

(Courtesy Janet Bowman, The Nature Conservancy)


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SB 806 Baxley
HB 703 Burgess
Water Management District Surplus Lands (updated 3/22)
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CS/HB 703:

* Requires WMD’s to provide public notice of intention to sell surplus lands on its website in addition to newspaper notice.

* Allows WMD to offer surplus lands valued at $25,000 or less to adjacent property owners defined as owners whose property abuts the parcel.  If the parcel is offered but not sold to adjacent property owners, the district may sell the parcel to the general public for “the highest price obtainable.”

 


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SB 808 Bradley
HB 705 Burgess
Public Records/Surplus Lands (updated 3/22)
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CS/CS/CS/HB 705:

Exempts from the Chapter 119, the Public Records Act, documents related to the valuation of surplus lands.

The exemption expires 2 weeks before a contract for the purchase, exchange or disposal of the surplus lands is first considered.

The public records exemption automatically expires October 2, 2023.

If approved by the Governor, takes effect July 1, 2018.

 


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Lands Used for Governmental Purposes (added 3/21)
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CS/CS/HB 1173 -- Lands used for Governmental Purposes:

Military Base Buffering:

Following the acquisition of military base buffer lands, the Board of Trustees of the Internal Improvement Trust Fund is authorized to convey or lease the land to the military installation at less than appraised value. 

Military base buffer lands can also be leased by the BOT at rates determined by competitive bid to private entities to conduct agriculture or silviculture.

Conveyances to the military at less than appraised value must revert to the BOT if land not used for intended purposes. 

Requires DEP to request by October 1st annually that military installations to provide a list of base buffering encroachment lands for potential acquisition.

Areas of Critical State Concern:

Allows the BOT to direct DEP, Division of State Lands, to purchase lands on an immediate basis that will satisfy private property rights claims resulting from limitations imposed by an Area of Critical State Concern. 

Allows the BOT to waive or modify land acquisition procedures for these lands and to use comparable sales analysis rather than appraisals if parcel worth less than $500,000.

Flood Risk Reduction and Florida Forever:

Adds to the list of Florida Forever performance goals, the mitigation of the effects of natural disasters and floods in developed areas, based on factors including: the  number of acres acquired within a 100-year floodplain or coastal high hazard area; the number of acres acquired to serve dual functions  flow ways and greenways for public recreation; and the percentage of land that creates additional open space and buffer areas while precluding rebuilding in areas that repeatedly flood. 

 

Florida Communities Trust program criteria are amended to allow dual function projects that reduce flood risk. 

Affordable Housing:

Adds the provision of affordable housing and the protection and improvement of water quality of the  Apalachicola Bay Area to list of goals for Apalachicola Bay Area of Critical State Concern.

Allows a land authority created within an area of critical state concern to use tourist impact taxes to pay costs related to acquiring property for and constructing affordable housing. 

 

Bill takes effect upon becoming a law. 

 


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SB 158 Brandes
HB 1097 Stevenson
Florida Communities Trust
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SB 158/HB 1097 would allow flood mitigation projects to be funded through the Florida Communities Trust program, which is known for helping local governments preserve open space for public recreation. Under the bill, the purpose of flood mitigation projects is to improve a community’s classification under the National Flood Insurance Program Community Rating System (CRS) and to assist local governments in implementing their flood reduction and mitigation plans.

Senate Referrals (SB 158): Environmental Preservation and Conservation; Appropriations Subcommittee on the Environment and Natural Resources; Appropriations

House Referrals (HB 1097): Natural Resources and Public Lands Subcommittee; Agriculture and Natural Resources Appropriations Subcommittee; Government Accountability Committee


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SB 174 Hukill
HB 131 Peters
Appropriation for Coastal Management (LATF)
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SB 174/HB 131 dedicate a minimum of the lesser of $50 million or 7.6% of the LATF for projects that preserve and repair the state’s beaches. Changes the way DEP ranks beach and inlet projects. Requires work plans for beach and inlet projects.

Senate Referrals (SB 174): Environmental Preservation and Conservation (Passed); Appropriations Subcommittee on the Environment and Natural Resources (Passed); Appropriations (Passed)

House Referrals (HB 131): Natural Resources and Public Lands Subcommittee; Agriculture and Natural Resources Appropriations Subcommittee; Government Accountability Committee


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SB 204 Bradley
Appropriation for St. Johns River/Springs (LATF)
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·      SB 204 dedicates $50 million annually from the Land Acquisition Trust to projects that restore the St. Johns River and Keystone Heights Lake Region and increase annual springs funding from $50 million to $75 million.  This bill would increase the annual allocation to either 10.7% of LATF funds after debt service or $75 million, whichever is lower.

     Senate Referrals (SB 204): Environmental Preservation and Conservation (Passed); Appropriations Subcommittee on the Environment and Natural Resources (Passed); Appropriations (Passed); Passed Senate.


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SB 316 Stewart
HB 203 Willhite
SUPPORT Environmental Regulation Commission
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SUPPORT -- SB 316/HB 203 establishes a 90-day deadline for filling vacancies on the Environmental Regulation Commission (ERC) and requires four affirmative votes from ERC members to approve rules relating to air quality or water quality standards. 

Senate Referrals (for SB 316): Environmental Preservation and Conservation (Passed 10-0); Ethics and Elections (Passed); Rules

House Referrals (for HB 203): Natural Resources and Public Lands Subcommittee (Passed 13-0); Judiciary Committee; Government Accountability Committee


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SB 786 Mayfield
HB 339 Harrell
Appropriation for Indian River Lagoon (LATF)
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SB 786/HB 339 dedicates the lesser of 7.6% or $50 million annually from the Land Acquisition Trust Fund for projects in the Indian River Lagoon Comprehensive Conservation and Management Plan. Under this bill, funding preference would be given to projects for ecosystem monitoring and habitat restoration, projects to connect septic systems to central sewer lines, and projects for the management of stormwater, freshwater, and agricultural discharges.  The Department of Environmental Protection would be required to submit a report on the funded projects to the Governor, the President of the Senate, and the Speaker of the House of Representatives annually.

House Referrals (for HB 339): Agriculture and Natural Resources Appropriations Subcommittee; Natural Resources and Public Lands Subcommittee; Appropriations

Senate Referrals (for SB 786): Environmental Preservation and Conservation; Appropriations Subcommittee on the Environment and Natural Resources; Appropriations


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SB 370 Bradley
HB 1353 Beshears/Ausley
HB 7063 GAC and Caldwell
SUPPORT Appropriation for Florida Forever (LATF)
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·       SUPPORT SB 370/HB 1353/HB 7063 dedicate $100 million annually from the Land Acquisition Trust Fund (LATF) to the Florida Forever land conservation program. All three bills establish minimum funding levels for land conservation from the Land Acquisition Trust Fund.

     SB 370 and HB 1353 dedicate $100 million annually from the Land Acquisition Trust Fund (LATF) to the Florida Forever land conservation program.

     HB 7063 dedicates $57 million to land conservation and divide this funding equally between Florida Forever, the Florida Communities Trust and the Rural and Family Lands Protection Program. 

     Senate Referrals (for SB 370): Environmental Preservation and Conservation (Passed); Appropriations Subcommittee on the Environment and Natural Resources (Passed); Appropriations (passed 17-0); Passed Senate.

     House Referrals (for HB 1353):  Agriculture & Natural Resources Appropriations Subcommittee; Natural Resources & Public Lands Subcommittee; Appropriations Committee

     House Referrals (for HB 7063): Agriculture and Natural Resources Appropriations Subcommittee (Passed); Appropriations Committee (Passed).


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SB 348 Rodriguez
SUPPORT Disposable Plastic Bags Pilot Program
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SUPPORT -- SB 348 allows coastal communities with a population of fewer than 100,000 to implement a temporary pilot programs testing regulations or bans of disposable plastic bags. The pilot regulations or bans cannot include new taxes or fees on the use or distribution of disposable plastic bags. 

Senate Referrals (for SB 348): Referred to Environmental Preservation and Conservation; Community Affairs; Commerce and Tourism; and Rules Committees.


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SB 462 Young
HB 237 Peters
SUPPORT Fracking Ban
Read More

SUPPORT -- SB 462/HB 237 ban advanced well stimulation treatments (also known as “fracking”) in the state of Florida.

Senate Referrals (for SB 462): Environmental Preservation and Conservation (Passed); Appropriations Subcommittee on the Environment and Natural Resources (Passed); Appropriations

House Referrals (for HB 237): Agriculture and Natural Resources Appropriations Subcommittee; Natural Resource and Public Lands Subcommittee; Appropriations Committee


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SB 656 Rodriguez
Public Utility Environmental Remediation Costs
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SB 656 allows a municipality or county to request a hearing with the Public Service Commission (PSC) when a utility causes environmental damage within the municipality, county, or adjacent bodies of water. The hearing would determine if the utility acted prudently in the events leading up to and following the environmental damage. If the PSC decides that the utility did not act prudently, the utility must remedy the damage without recovering costs from ratepayers.

Senate Referrals (for SB 656): Communications, Energy, and Public Utilities; Community Affairs; Environmental Preservation and Conservation; Rules


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SB 1014 Stewart
HB 6039 Richardson
Recyclable Materials
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SB 1014/HB 6039 remove an existing preemption in state law that prohibits local governments from regulating the use of containers, wrappings, or disposable plastic bags, etc. that consumers use to take products from retail stores.

Senate Referrals (for SB 1014): Community Affairs; Environmental Preservation and Conservation; Rules

House Referrals (for HB 6039): Local, Federal and Veterans Affairs Subcommittee; Careers and Competition Subcommittee; Government Accountability Committee


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SB 1268 Perry
HB 791 Diaz
Regulatory Reform
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SB 1268/HB 791 is an effort to reduce the number of rules in the Florida Administrative Code.  Under this bill, the Joint Administrative Procedures Committee would be tasked with reviewing the Florida Administrative Code (FAC) to determine the total number of rules in effect by January 1, 2019. This number would then be established as the “regulatory baseline.” The bill prevents agencies from exceeding this baseline with new rules and sets up mechanisms to reduce the number of rules in the FAC.  In order for an agency to propose a new rule, they must submit a rule replacement request to the Joint Administrative Procedures Committee that lists rules they propose to repeal to make room for the new rule without exceeding the baseline. Agencies must propose at least 2 rules to be removed from the Code for each proposal to add a rule until the total number of rules in the FAC has been reduced by 35% (from the “regulatory baseline). After the 35% mark, rules can be proposed and repealed on a 1:1 basis.  Beginning November 1, 2019, the Joint Administrative Procedures Committee would be required to submit an annual report providing the percentage reduction in the total number of rules compared to the regulatory baseline to the Governor, President of the Senate, and the Speaker of the House.  Each agency would be required to prepare a regulatory plan that lists rules that may be repealed to maintain or reduce the number of rules in the Florida Administrative Code. Finally, the bill would establish the Red Tape Reduction Advisory Council (RTRAC or Council), which would be made up of appointments from the Governor, Senate President, and House Speaker. The RTRAC is charged with annually reviewing the Florida Administrative Code to determine if any rules are duplicative or obsolete, especially burdensome to businesses within the state, or disproportionately affect small businesses. If a rule meets any of these criteria and can be repealed or amended with minimal impact on public health, safety, and welfare, then the Council is to recommend repealing or amending the rule. 

Senate Referrals (for SB 1268): Governmental Oversight and Accountability; Appropriations Subcommittee on General Government; Appropriations

House Referrals (for HB 791): Oversight (Passed); Transparency and Administration Subcommittee (Passed); Appropriations Committee (Passed); Government Accountability Committee


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