Relive some of the Horrors of the 2001 Florida Legislative Session
Growth Management Bill
IN THE FINAL HOURS OF THE 2001 LEGISLATIVE SESSION, AN AVALANCHE OF
LEGISLATION HARMFUL TO THE PUBLIC INTEREST IS BEING PUSHED FORWARD BY
POLITICAL LEADERS WHO PLACE A HIGHER PRIORITY ON IMPROVING THE STANDARD
OF LIVING FOR REAL ESTATE SPECULATORS AND HOME BUILDERS THAN PROTECTING
TAXPAYER AND VOTER'S QUALITY OF LIFE.
THE GROWTH MANAGEMENT BILL WILL BE VOTED ON BY THE HOUSE WITHIN THE NEXT
24 HOURS. IT CONTAINS DAMAGING PROPOSALS AND CALLS OF OPPOSITION ARE
NEEDED NOW. AS OF 6PM WEDNESDAY, THE SENATE BILL (310) HAS A STRIKE
EVERYTHING AMENDMENT AND IT IS BAD BECAUSE OF THE INCREASE IN THE DRI
THRESHOLD OF 200% AS DESCRIBED BELOW.
A new version of the House growth management bill (CS/CS/HB 1617 &
1487) has been put forth as a proposed amendment by the bill sponsor,
Representative Paula Dockery. Due to opposition by the Home Builders,
what was a strong proposal on school facilities and overcrowding is
significantly watered down. In addition, various bad policy changes that
public interest groups were told by Dockery were to be taken out of the
bill by way of the amendment remain intact. A prime example is a
proposal to increase the threshold for Developments of Regional Impact
for rural counties in economic need by 200%, meaning that many more
large scale developments will be exempt from DRI review and exempt in
areas of the state least equipped to address the areawide impacts of
projects of this nature.
Worse yet, this change is being made in favor of one company with
special ties to Governor Bush, St. Joe Development, so that development
it is planning in the Florida Panhandle won't be subject to state and
regional reviews, despite impacts of a regional nature.
The Senate will have its own new version of CS/CS/SB 310 & 380
shortly. It will be heard on the Senate Floor tomorrow, probably in the
afternoon. However, it too will include the St. Joe giveaway, in
itself a violation of Senate Rules as the proposal wasn't heard in
Committee.
The bill is also expected to authorize exemptions for airports and
petroleum storage facilities from DRI's (Development of Regional Impact
studies).
ACTION NEEDED:
HOUSE: Urge all House members to vote No on HB 1617 in its current form.
SENATE: Urge Senate members to oppose the St. Joe giveaway and DRI
exemptions. Call on them to instead stick to the course they started in
narrowing the bill to policy changes that improve growth management.
EVEN IF YOU CAN ONLY PLACE ONE CALL, PLEASE TAKE THAT STEP.
COLLECTIVELY, WE CAN MAKE A DIFFERENCE!
SENATE CONTACT NUMBERS Charlie Bronson (R), District 18, (321) 725-2880,
(850) 487-5056 Ginny Brown- Waite (R), District 10, (352) 544-2344,
(850) 487-5040 Locke Burt (R), District 16, (904) 673-7299, (850)
487-5033 Walter Campell (D), District 33, (954) 346-2813, (850) 487-5094
Lisa Carlton (R), District, District 24, (941) 486-2023, (850) 487-5081
Charlie Clary (R), District 7, (850) 833-9159, (850) 487-5009 Lee
Constantine (R), District 9, (407) 331-9675, (850) 487-5050 Anna Cowin
(R), District 11, (352) 315-9335, (850) 487-5014 Victor Crist, (R),
District 13, (813) 975-6658, (850) 487-5068 M. Mandy Dawson (D),
District 30, (954) 467-4317, (850) 487-5112 Alex Diaz de la Portilla,
(R), District 34, (305) 569-2691, (850) 487-5109 John Dyer, (D),
District 14, (407) 245-0882, (850) 487-5190 Rudy Garcia, ( R), District
39, (305) 364-3191, (850) 487-5106 Steven A. Geller (D), District 29,
(954) 893-5089, (850) 487-5097 Betty Holzendorf (D), District 2, (904)
359-6880, (850) 487-5024 Jim Horne (R), District 6, (904) 573-4900,
(850) 487-5027 Daryl L. Jones (D), District 40, (305) 671-7240,
(850) 487-5127 James E. "Jim" King, Jr. (R), District 8, (904)
727-3600, (850) 487-5030
Ron Klein (D), District 28, (561)274-4777, (850) 487-5091 Jack Latvala
(R), District 19, (727) 787-8991, (850) 487 5062 John F. Laurent (R),
District 17, (863) 519-7595, (850) 487-5044 Alfred "Al"
Lawson, Jr. (D), District 3, (850) 487-5086 Tom Lee (R), District 23,
(813) 744-8683, (850) 487-5072 John Mc Kay (R), District 26, (941)
727-5349, (850) 487-5078 Kendrick Meek (D), District 36, (305) 655-3671,
(850) 487-5116 Lesley Miller (D), District 21, (813) 272-2831, (850)
487-5059 Richard Mitchell (D), District 4, (904) 719-2733, (850)
487-5017 Durell Peaden (R), District 1, (850) 689-0556, (850) 487-5000
Bill Posey ( R), District 15, (321) 690-3484, (850) 487-5053 Ken Pruitt
(R), District 27, (561) 335-8000, (850) 487-5088 Tom Rossin (D),
District 35, (561) 753-2537, (850) 487-5356 Debby Sanderson (R),
District 31, (941) 417-6220, (850) 487-5124 Burt Saunders (R), District
25, (941) 417-6220, (850) 487-5124 Jim Sebesta (R), District 20, (727)
563-0377, (850) 487-5075 Ron Silver, (D), District 38, (305) 893-0488,
(850) 487-5121 Rod Smith (D), District 5, (352) 375-3555, (850) 487-5020
Donald C. Sullivan, M.D. (R), District 22, (727) 893-9657, (850)
487-5065 Alex Villalobos (R), District 37, (305) 222-4160, (850)
487-5130 Debbie Wasserman Schultz (D), District 32, (954) 704-2934,
(850) 487-5103 Daniel Webster (R), District 12, (407) 656-0066, (850)
487-5047
(Top)
URGENT - CALLS NEEDED TO SENATORS RIGHT NOW TO STOP SB 910 (ANTI-CITIZEN
PARTICIPATION BILL)
SB 910 by King is scheduled for action by the full Senate tomorrow, May
3. The bill is moving forward swiftly. It strips citizen rights to
enforce environmental, growth management, public health and safety laws.
It has support from key members and the Governor's Office. Citizens must
speak out loud and fast against it THIS IS AN ISSUE OF CLEAN WATER,
CLEAN AIR, AND PROTECTING COMMUNITIES!.
Proponents of this legislation are also working to have it amended onto
House bills, so also let your House members know to oppose any such
amendments. The anti-citizen participation language was amended to
SB1560 this afternoon on the Senate floor. *A summary of what the bill
does appears below.*
PLEASE CALL NOW !!! SENATE CONTACT NUMBERS Charlie Bronson (R), District
18, (321) 725-2880, (850) 487-5056 Ginny Brown- Waite (R), District 10,
(352) 544-2344, (850) 487-5040 Locke Burt (R), District 16, (904)
673-7299, (850) 487-5033 Walter Campell (D), District 33, (954)
346-2813, (850) 487-5094 Lisa Carlton (R), District, District 24, (941)
486-2023, (850) 487-5081 Charlie Clary (R), District 7, (850) 833-9159,
(850) 487-5009 Lee Constantine (R), District 9, (407) 331-9675, (850)
487-5050 Anna Cowin (R), District 11, (352) 315-9335, (850) 487-5014
Victor Crist, (R), District 13, (813) 975-6658, (850) 487-5068 M. Mandy
Dawson (D), District 30, (954) 467-4317, (850) 487-5112 Alex Diaz de la
Portilla, (R), District 34, (305) 569-2691, (850) 487-5109 John Dyer,
(D), District 14, (407) 245-0882, (850) 487-5190 Rudy Garcia, ( R),
District 39, (305) 364-3191, (850) 487-5106 Steven A. Geller (D),
District 29, (954) 893-5089, (850) 487-5097 Betty Holzendorf (D),
District 2, (904) 359-6880, (850) 487-5024 Jim Horne (R), District 6,
(904) 573-4900, (850) 487-5027 Daryl L. Jones (D), District 40,
(305) 671-7240, (850) 487-5127 James E. "Jim" King, Jr. (R),
District 8, (904) 727-3600, (850) 487-5030 Ron Klein (D), District 28,
(561)274-4777, (850) 487-5091 Jack Latvala (R), District 19, (727)
787-8991, (850) 487 5062 John F. Laurent (R), District 17, (863)
519-7595, (850) 487-5044 Alfred "Al" Lawson, Jr. (D), District
3, (850) 487-5086 Tom Lee (R), District 23, (813) 744-8683, (850)
487-5072 John Mc Kay (R), District 26, (941) 727-5349, (850) 487-5078
Kendrick Meek (D), District 36, (305) 655-3671, (850) 487-5116 Lesley
Miller (D), District 21, (813) 272-2831, (850) 487-5059 Richard Mitchell
(D), District 4, (904) 719-2733, (850) 487-5017 Durell Peaden (R),
District 1, (850) 689-0556, (850) 487-5000 Bill Posey ( R), District 15,
(321) 690-3484, (850) 487-5053 Ken Pruitt (R), District 27, (561)
335-8000, (850) 487-5088 Tom Rossin (D), District 35, (561)
753-2537, (850) 487-5356 Debby Sanderson (R), District 31, (941)
417-6220, (850) 487-5124 Burt Saunders (R), District 25, (941) 417-6220,
(850) 487-5124 Jim Sebesta (R), District 20, (727) 563-0377, (850)
487-5075 Ron Silver, (D), District 38, (305) 893-0488, (850) 487-5121
Rod Smith (D), District 5, (352) 375-3555, (850) 487-5020 Donald C.
Sullivan, M.D. (R), District 22, (727) 893-9657, (850) 487-5065 Alex
Villalobos (R), District 37, (305) 222-4160, (850) 487-5130 Debbie
Wasserman Schultz (D), District 32, (954) 704-2934, (850) 487-5103
Daniel Webster (R), District 12, (407) 656-0066, (850) 487-5047
To Email a Representative: "lastname.firstname@leg.state.fl.us"
To Email a Senator: "lastname.firstname.web@leg.state.fl.us"
SUMMARY *SCARES AWAY VOLUNTEER ATTORNEYS - An amendment added to
the bill last week provides for mandatory attorneys fees and sanctions
in all administrative actions against the attorneys representing any
party, including environmental groups and others. (This provision will
also affect the Chamber of Commerce, Home Builders Association,
firefighters, school teachers, healthcare workers and providers, and
state agencies, etc.). This provision will have a chilling effect on
pro-bono attorneys willing to donate their time for public interest
causes. It adopts a provision that is similar to federal Rule 11, but
makes it much worse because its operation is mandatory.
2. REMOVES THE ABILITY OF CITIZENS TO STOP POLLUTION UNDER THE FLORIDA
ENVIRONMENTAL PROTECTION ACT (403.412(5)) - This provision in the
bill makes it more difficult for citizens to use the Florida
Environmental Protection Act to seek administrative hearings to stop
pollution in Florida, a right established by the Florida Legislature in
1971.
3. REMOVES THE ABILITY TO APPEAL A DECISION OF THE APPOINTED WATER
MANAGEMENT DISTRICT BOARDS TO THE HIGHEST ELECTED OFFICIALS IN THE
STATE, THE GOVERNOR AND CABINET - This provision denies the ability to
appeal water management district orders and rules if you first request
an administrative hearing. This changes law established in 1974 that
acted as a safety net to appeal orders and rules of the only appointed
board in the state system with taxing powers. Being proposed to avoid
"another bite of the apple" in permitting decisions, this
provision will do little to prevent abuses in the permitting process but
will remove a remedy used a few times a year that helps obtain even
consistent policies among the 5 districts and make certain they each
follow state policy.
4. THIS BILL DID NOT PASS BOTH HOUSES LAST YEAR - Proponents
mischaracterize this bill as being popular with legislators last year.
Though considered in a number of committees last year, this bill was not
fought strongly by any interests because they were informed that it
would not pass.
THESE GROUPS STRONGLY OPPOSE THIS BILL Florida Chapter of Sierra Club
Florida Wildlife Federation 1000 Friends of Florida Save the Manatee
Club Defenders of Wildlife FLORIDA League of Conservation Voters Florida
Consumer Action Network Florida League of Anglers National Wildlife
Federation League of Women Voters American Planning Association Florida
Chapter Environmental and Land Use Law Center Audubon Society, Florida
(it is our understanding if an amendment dealing with the Cabinet is
accepted and language concerning 373 is deleted, they will not object to
the rest of the language which impacts citizen standing and would cut
citizens out of the process from fighting the fight);
Question: Why were legislators given today (April 5) off? There's no precedent for today being a state holiday so far as we know. Could it be some folks didn't want to be around to meet their constituency?
Responses from observers at the committee meeting on 4/5/01:
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