2004 Florida Legislative Report
July 15, 2004
Lawrence Curtin - Tallahassee
Lawrence Sellers- Tallahassee
The Florida Legislature has concluded its Regular Session for 2004. During the 60-day session, the Legislature considered a number of environmental and land use measures. Following are a few measures that passed:
Agricultural Land Protection
CS/CS/SB 1712 is designed to protect the value of existing agricultural lands by providing certain remedies in the event the land use classification is changed by a county. The measure also crates additional rights for “agricultural enclaves,” including the right to develop the property consistent with surrounding urban development. The bill has proven controversial with certain local governments and public interest groups, and they have asked Governor Bush to veto the measure.
Brownfields
CS/SB 338 redefines the term “brownfield sites” to make it similar to the definition used by the U.S. EPA. This change will make it easier for the Florida DEP to administer federal brownfield grants.
Constitutional Amendment Reform
As a result of several recently-approved constitutional amendments and other pending controversial proposals (including one that would require voter approval for changes to a local comprehensive plan), the Legislature considered a number of proposed reforms to the process by which citizens may amend the state Constitution. Only one of these proposals passed. SJR 2394 would amend the Constitution to require that proposed amendments by initiative be filed with the Secretary of State by no later than February 1 of the year in which the general election is held. If approved, this amendment would provide the Legislature (which meets in March and April) with a chance to respond to such proposals, and it would provide voters with additional time to consider the merits of any proposed amendment.
Dusty Roads
CS/HB 989 extends the exemption/general permit for certain road and bridge projects to include areas within the jurisdiction of both the Suwannee River Water Management District and the Northwest Florida Water Management District.
Growth Management/Military Installations
CS/CS/SB 1604 provides for coordination of local government comprehensive plans with nearby military installations
Manatee Protection
CS/SB 540 could slow the creation of new manatee speed zones in regions of the state where the manatee population has achieved the prescribed measurable biological goals for manatee recovery.
Shooting Ranges
CS/CS/CS/SB 1156 requires shooting ranges to implement best management practices to prevent or minimize contamination. In addition, the bill provides immunity from liability for certain persons or entities from claims relating to activities at these ranges. One controversial feature of the bill makes it a crime for any official, employee, or other agent of a public entity to intentionally bring a claim against a shooting range in violation of the bill.
Specialty License Plates
CS/CS/SB 2020 creates 12 new specialty license plates, including three with environmental themes: Save Our Seas, Discover Florida’s Oceans and Florida Aquaculture.
Water Supply
CS/CS/HB 293 addresses a number of water supply and water management issues. Among other things, the bill requires local governments to address water supply in their local comprehensive plans. The bill also provides for 20-year consumptive use permits under certain circumstances.
In our next newsletter, we will summarize some of the bills that died but likely will be considered again in 2005.
For more information, contact Lawrence Curtin or Lawrence Sellers via e-mail at lawrence.curtin@hklaw.com and lawrence.sellers@hklaw.com, respectively, or call toll free, 1-888-688-8500.