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For those of you who are interested in reading the bills and amendments,
please use the above website and look up the legislation. You can pick
House
or Senate bills. You put in the bill number for the 2001 session and
voila,
the bill, the bill amendments, the bill analysis are all online.
To Email a Representative: "lastname.firstname@leg.state.fl.us"
Elections Online: "election.dos.state.fl.us/index.html"
To Email a Senator: "lastname.firstname.web@leg.state.fl.us"
FOR LEGISLATOR ACCOUNTABILITY AND COMMITTEE ASSIGNMENTS VISIT
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Sierra Club Legislative Summary of legislative Session 2001:
Special Session C:
12/3
11/26
Regular Session:
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Note that our local representative, Will Kendrick is behind some of
these nasty bills. Get on the horn to him and let him hear your
protest!
--Kathy
The following alert was prepared by Arlene Sweeting, Florida Chapter
Conservation Chair.
Part of the Florida Chapter Sierra Club Lobbying team.
House Agriculture and Consumer Affairs Committee Votes to Kill the Arsenic in
Playground Legislation. Only Representatives Lerner, Gibson and Kottcamp
voted for the bill.
Voting against protecting kids were:
Representatives: Ball, Bowen, Evers, Kendrick, Stansel and Spratt.
(emails and phone numbers provided below.)
ACTION ALERT!!
Arsenic Legislation. HB113 by Rep. Crow/SB210 by Senator
Wasserman-Schultz.This Bipartisan legislation would require that the use of
any wood productcontaining chromated copper arsenate is prohibited in the
construction of anyplayground equipment, and for use as decorative mulch, or
groundcoverassociated with playground equipment, for which public funds are
used.
Tuesday was a nasty day in the House Agriculture Committee. Industry
lobbyists were out in force to kill HB113 and kill it they did. In a
procedural vote, committee members voted 4-5 to refuse to let the bill’s
sponsor TP (temporarily pass) the bill. (Lerner, Kottkamp, Ball and Gibson
voted the right way). Then a vote on the bill failed 6-3 with only Lerner,
Kottkamp, and Gibson supporting it. This kills the bill for this session,
unless it is rewritten and resubmitted. At this point, Rep. Crow does plan
to continue the fight. We need to let him know he has our support - please
call his office at 850-488-9240 or 727-298-1674 to let him know we appreciate
his efforts to protect our children.
Also we need to get some pressure on the folks who voted against this bill,
also thanks to supporters. Phone calls to their offices are needed right
away.
Agriculture Committee Members are:
Joseph Spratt Chair: 850-488-3457 Tallahassee:
spratt.joseph@leg.state.fl.usDistrict 77: Collier, Glades, Hendry, Highlands
Will Kendrick Vice Chair:850-488-7870
Tallahassee:kendrick.will@leg.state.fl.usDistrict 10: Alachua, Dixie,
Franklin, Gilchrist, Jefferson, Leon, Levy,Marion, Taylor, Wakulla
Randy Ball: 850-488-3006 Tallahassee: ball.randy@leg.state.fl.usDistrict 29:
BrevardMarty Bowen:850-488-2721 Tallahassee:
bowen.marty@leg.state.fl.usDistrict 65: Polk
Greg Evers:850-488-8188 Tallahassee: evers.greg@leg.state.fl.usDistrict 1:
Escambia, Okaloosa, Santa Rosa
Hugh Gibson:850-488-5991 Tallahassee: gibson.hugh@leg.state.fl.usDistrict 42:
Lake, Marion, Sumter
Jeffrey Kottkamp:850-488-7433 Tallahassee:
kottkamp.jeff@leg.state.fl.usDistrict 74: Charlotte, Lee, Sarasota
Cindy Lerner:850-488-9550 Tallahassee: lerner.cindy@leg.state.fl.usDistrict
119: Dade
Dwight Stansel:850-488-9835 Tallahassee:
stansel.dwight@leg.state.fl.usDistrict 11: Columbia, Dixie, Gilchrist,
Hamilton, Lafayette, Madison,Suwannee
Background Information
Last year, Florida legislators took the initial step of banning new
construction with arsenic-treated lumber in state parks. But they missed the
chance to protect Florida’s children - a population extremely vulnerable to
arsenic poisoning - by failing to pass legislation proposed by Rep. Larry
Crow, R-Dunedin, to ban playground equipment built with arsenic-treated wood.
Arsenic treated wood has enough toxic chemicals to rank as a hazardous waste,
but the industry got a special exemption years ago from hazardous waste laws.
The wood is banned in several countries. Studies show that arsenic comes
out of the wood into the soil and onto people’s hands. One Florida arsenic
expert says children can pick up enough arsenic from routine play on wooden
playgrounds during childhood to pose an unacceptable health risk. This year
the St. Petersburg Times commissioned soil tests around wooden playgrounds in
the Tampa Bay area. Every test came up positive for arsenic, at levels higher
than the state allows when polluters clean up contaminated neighborhoods.
Arsenic can cause skin cancer, neurological problems, birth defects, and
other kinds of cancer. The EPA is currently studying the risk that
arsenic-treated lumber may pose to children.
Floridians are at especially acute risk from arsenic-treated wood, because
our climate requires lumber that resists termites, beetles, and humidity.
Some of the same companies fighting a ban in the U.S. already manufacture
safer alternatives for sale in countries that have banned arsenic treated
wood. This summer, a Florida wood treatment company became the first in
state history to start treating wood without arsenic. Large retailers like
Lowe’s and Home Depot don’t carry the arsenic-free treated wood yet.
Company spokesmen say there’s not enough consumer demand for it.
The EPA renewed calls for comprehensive voluntary labeling in July and
offered promises to enforce established rules more aggressively. Industry
officials and regulators promised then that the labels would show up in
stores by fall. Now they say consumers should see them by year’s end. In
light of the industry’s reluctance to self-label over the past 15 years, no
one should take those promises on faith. After all, industry representatives
once testified under oath that the wood did not contain arsenic at all.
Another report on the legislature. Note Will Kendrick is also a sponsor
of this bill to eliminate citizen participation.
--Kathy
Mini Florida Tallahassee Report #2
Interim Committee Week December 3-7, 2001
Committee meetings for Special Session C will be conducted November26
-December 6
(remember, they didn't get it right during Special Session B)
The official session begins earlier in 2002: January 22, 2002 and ends March
22, 2002.
To read and review legislation that has been filed for the 2002 session, you
can access this information via the internet by accessing Online Sunshine's
Homepage: www.leg.state.fl.us
Browse around the different options. Select House or Senate and go from
there. (Note that you can select "session" and see bills from previous years,
including the special sessions; "A", "B", "C", etc.)
ACTION ALERT FOR OUR NEXT ISSUE!
CALL TODAY: Anti-Citizen participation bill is up in the House State
Administration Committee; this Tuesday, December 4, at 9 am.
HB 257 - Administrative Procedures Act (APA): (Senate bill 280/Pruitt):
by Spratt CoSponsors: Ross,Bennett,Berfield,Haridopolos,Bowen,Bense,Alexander
,Stansel,Machek,Gibson, III,Kendrick,Harrington,Dockery,Brown,Jordan,McGriff,
Jr.
(If you see your legislator's name in the list above, give them a call and
tell them you oppose this legislation and they should remove their name as a
sponsor).
FLORIDA LEAGUE OF CONSERVATION VOTERS: REPEAT OFFENDER RETURNS: The APA,
returns, after failing to pass in the 2000, 2001 session.
For the last several years, we have had to fight changes to the
Administrative Procedures Act (Chapter 120, Florida Statutes), the area of
the law that allows us to exercise our right to help enforce environmental
laws and regulations. By objecting to permits for developments, destruction
of wetlands and other administrative proceedings, citizens have been
encouraged to use the administrative process as ways of avoiding an
extraneous number of lawsuits in the State's beleaguered Circuit Courts.
This bill has a "chilling effect" on citizen participation and makes it
riskier for citizens to be meaningfully involved in environmental
controversies. In fact, citizens have been critical important parties
in virtually every major environmental controversy in the last 30 years.
Representative Spratt's bill and others, would muzzle our voices by
sanctioning us with fines if we pursue the Administrative Procedures route to
challenge a permit or development.
This bill would subject citizens to paying the developer's attorney's fees if
a hearing officer determines their pleadings contain "factual" allegations
that turn out not to have "evidentiary support". (This bill is very similar
to Sen King's SB 270, except it at least does not directly attack Florida's
Environmental Protection Act (Section 403.412, FS); but otherwise it repeats
the same provisions from last year's H1135/S910 which attack citizens
protecting their communities or the environment.) The companion bill is Sen
Ken Pruitt's S 280.
CALL THE FOLLOWING SPONSORS AND COMMITTEE MEMBERS AND TELL THEM YOU OPPOSE
THIS LEGISLATION; EXPRESS YOUR SURPRISE SINCE THESE TWO WEEKS IN THE
LEGISLATURE WERE SUPPOSED TO BE ABOUT FIXING THE BROKEN BUDGET AND SECURITY
MEASURES.
House State Administration Committee:
Brummer, Fred (Chair): R, District 38; 850-488-2023
Dockery, Paula (Vice Chair): R, District 64: 850-488-2270
Brown, Donald: R, District 5: 850-488-4726
Kendrick, Will S.: D, District 10: 850-488-7870
McGriff, Jr., Perry: D, District 22: 850-488-0887
The Tallahassee Report is brought to you by the Florida Chapter Sierra Club.
Susie Caplowe, Chapter Lobbyist.
THE END.
Mini: Florida Tallahassee Report.
Interim Committee Week November 26-30, 2001
Committee meetings for Special Session C will be conducted November 26 -
December 6
(remember, they didn't get it right during Special Session B)
The official session begins earlier in 2002: January 22, 2002 and ends March
22, 2002.
******
To read and review legislation that has been filed for the 2002 session, you
can access this information via the internet by accessing Online Sunshine's
Homepage: www.leg.state.fl.us
Browse around the different options. Select House or Senate and go from
there. (Note that you can select "session" and see bills from previous years,
including the special sessions; "A", "B", "C", etc.)
ACTION ALERT FOR OUR FIRST ISSUE!
CALL TODAY
Make calls to HOUSE Agriculture Committee members and tell them to vote yes
on HB113. Representative Crow's bill that would prohibit arsenic in wood
products used in public playground equipment.
This Bill is scheduled to be heard this coming Tuesday at 10 AM.
We are surprised this bill is being scheduled because we had heard that it
was never going to see the light of day (that the Chair was not going to let
the bill be heard.)
So, perhaps the Committee Chair, Representative Spratt (R-77) has the votes
to vote this good bill down? We don't know for sure. But, if that were true,
how is it that the Leadership would want to vote down a bill that protects
children from arsenic?
Make your voices heard. Call the members listed below and tell them to vote
FOR HB113.
Arsenic Legislation. HB113 by Rep. Crow/SB210 by Senator Wasserman-Schultz.
This Bipartisan legislation would require that the use of any wood product
containing chromated copper arsenate is prohibited in the construction of any
playground equipment, and for use as decorative mulch, or groundcover
associated with playground equipment, for which public funds are used.
Agriculture Committee Members are:
Joseph Spratt Chair: 850-488-3457 Tallahassee: spratt.joseph@leg.state.fl.us
District 77: Collier, Glades, Hendry, Highlands
Will Kendrick Vice Chair:850-488-7870 Tallahassee:
kendrick.will@leg.state.fl.us
District 10: Alachua, Dixie, Franklin, Gilchrist, Jefferson, Leon, Levy,
Marion, Taylor, Wakulla
Randy Ball: 850-488-3006 Tallahassee: ball.randy@leg.state.fl.us
District 29: Brevard
Marty Bowen:850-488-2721 Tallahassee: bowen.marty@leg.state.fl.us
District 65: Polk
Greg Evers:850-488-8188 Tallahassee: evers.greg@leg.state.fl.us
District 1: Escambia, Okaloosa, Santa Rosa
Hugh Gibson:850-488-5991 Tallahassee: gibson.hugh@leg.state.fl.us
District 42: Lake, Marion, Sumter
Jeffrey Kottkamp:850-488-7433 Tallahassee: kottkamp.jeff@leg.state.fl.us
District 74: Charlotte, Lee, Sarasota
Cindy Lerner:850-488-9550 Tallahassee: lerner.cindy@leg.state.fl.us
District 119: Dade
Dwight Stansel:850-488-9835 Tallahassee: stansel.dwight@leg.state.fl.us
District 11: Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Madison,
Suwannee
PLEASE CALL THEM TODAY AND LEAVE A SHORT MESSAGE.
******
MINI Special Session "B" REPORT
The Legislature has come and gone and now they are back again the end of
the month. The recent special session to balance Florida's budget was made
null and void in an opinion written by Attorney General Bob Butterworth,
pointing out that the waiting time before a budget is passed was not met.
And in other discussions, we all learned it falls short of balancing the
budget. So, for the next go 'round, (Special Session "C"), the agencies are,
once again, collectively looking to cut $300-500 million more during this
next special session. We understand that the environmental picture is still
vulnerable.
BUDGET CUTS the first time: Special Session B.
The environmental cuts during Special session B were less than
anticipated; generally because environmental funding for most programs comes
from trust fund's vs. general revenue- so the legislators were finding ways
to take money from general revenue and replace it with the interest money
from the trust funds and move it to general revenue. The House General
Government Appropriations Committee cut $14.5 million in the Department of
Environmental Protection budget, whereas the Senate General Government
Appropriations Committee cut $7.5 million dollars- While these amounts are
high, we don't know exactly what programs were cut. Our (Enviros') primary
concern was another raid on P2000 or Florida Forever funding again. They
didn't touch land acquisition money, though, but they did move some
forestland management money into Fish and Wildlife CARL management programs.
That's the short take and believe me, the whole process (and
pages and booklets of budgets) was accomplished by tight decisionmaking ,
mostly behind closed doors, and most of us lobbyists, as well as the press,
thought the process was incomprehensible.
********
SIERRANS FOR A FAIR ECONOMY/ STATE BUDGET:
At the recent FLEXCOM board meeting, the Florida Chapter Sierra Club
officially took a position on the current state of the State Budget:
The Legislature does not need to cut programs that protect our environment.
They need to use the Budget Stabilization Fund, the Working Capital Fund, the
intangibles tax and the repeal of existing ridiculous (special interest) tax
exemptions to generate the revenue. We support the following principles:
- defer intangibles tax repeal;
- increase in Fish and Wildlife fees (user and permit) for a variety of
purposes;
- support infrastructure surtax on new development;
- strengthen, not weaken, agency enforcement budgets;
- protect integrity in State Government: retain the inspector generals;
retain the independence of the Judiciary; oppose layoffs and privatization;
- defend Florida's Sunshine Laws;
- advocate for Clean Money Campaign Reform and meaningful electoral reform;
- strongly oppose raiding from Florida Forever or P2000.
********
THE FLORIDA CHPATER SIERRA CLUB ANNUAL CONSERVATION CONFERENCE was recently
held near Ocala where we had workshops, took walks, held Executive Committee
meetings to conduct business and determine our Conservation Priorities and
2002 Legislative Priorities. We also recognized and awarded three legislators
the Legislator of the Year Award for 2001. We recognized Senator Ginny
Brown-Waite (R-10); Representative Larry Crow (R-49); and Representative
Cindy Lerner (D-119).
**********
THE CHAPTER'S 2002 (preliminary/draft) LEGISLATIVE PRIORITIES--
PRIMARY ISSUES: (so far; you can expect this list to grow by January)
Administrative Procedures/Anti-Citizen Enforcement bills SB280/SB270 and
HB257: This is the legislation we fight every year that would weaken citizen
standing and make it more difficult to challenge development. Florida League
of Conservation Voters has dubbed this one of the "Repeat Offenders." (A
position paper will be forthcoming). We (and virtually all other
environmental organizations and our allies) oppose this legislation.
Growth Management legislation. SB382 and others. We support legislation that
links land development with the availability of water. We are concerned about
the creation of endless alternative water supply initiatives that would fuel
the pattern of sprawl. We support school concurrency. And we support
meaningful state oversight of Comprehensive Plans and amendments. (a
position paper will be forthcoming)
Anti-manatee legislation (draft language being workshopped). There is draft
legislation by Representative Harrington that would jeopardize the current
Manatee Sanctuary Act by throwing away current rules for slow speed zones and
manatee refuges. (a position paper will be forthcoming.) We oppose this
legislation.
Arsenic Legislation. HB113 by Rep. Crow/SB210 by Senator Wasserman-Schultz.
This Bipartisan legislation would require that the use of any wood product
containing chromated copper arsenate is prohibited in the construction of any
playground equipment, and for use as decorative mulch, or groundcover
associated with playground equipment, for which public funds are used. We
support this legislation.
Legislative Priorities: Secondary:
Clean Money Clean Elections: Reduce Campaign Spending Limits and special
interest money in Florida Elections.
Fish and Wildlife Conservation Commission: support increased funding.
Everglades Bonding: support permanent funding.
Election Glitch Bill: Support changing the "provisional ballot" languaged
that the House amended and seriously weakened during the final days of the
session. Count every vote where the intent of the voter can be determined,
including overvotes. Eliminate as many barriers to voting as possible,
including the 29 day registration cut off .
We will provide more information on these priorities as we receive fact
sheets from our Chapter Issue chairs.
Contact the Chapter lobbyist Susie Caplowe or Arlene Sweeting, who is our new
Chapter Conservation Chair!
The End.
PART I INTRO: THANK YOU'S ARE IN ORDER: TO ALL OF OUR VOLUNTEERS
AND ALLIES: Thanks to all of you for your patience and
understanding. As many of you know and have experienced first hand,
the Florida legislative session is no walk in the park; not
glamorous; in fact it is down right disgusting sometimes. The
mental anguish and the stress compounded like high interest yielding
stocks takes its toll on mind, body and spirit. If you care
enough to fight the fight and are willing to go to the mat - no
matter how many rounds in the ring it takes - we can win. And
we did. Again, as in the year 2000, using the Florida League of
Conservation Voters list of top eight bad bills, we capitalized on
the repeat offenders on this year's list. Reminding legislators that
several of the 2001 bills were repeats from last year, with the help
of our allies and a handful of legislators, we all stopped the bad
stuff, even when one organization on two separate pieces of
legislation tried to make a deal (going against the rest of
us): for the Governor on ASR and giving up citizen standing in the
Administrative Procedures Act; we still prevailed. The Chapter's
volunteer issue chairs worked very hard this session: Anti-sprawl
Co-chairs Denise Layne and Alan Farago; Helen Spivey Manatee Issue
Chair and Clean Money Issue Chair; Dan Hendrickson Citizen
Enforcement and Toxics Issue Chair; Maurice Coman, Chapter
Conservation Chair; Judy Hancock, Chair of Public Lands Committee,
(Marian Ryan, Linda Bremer, Laurie Macdonald) who provided the
P2000 alerts. And to the volunteers who came from Jacksonville,
Janet Stanko & Cheryl Vonn who became regulars (a special thank
you to Cheryl who helped us several times from beginning of session
to the last day doing whatever we needed her to help us with and
believe me that was greatly appreciated, Dick and Mary Cardell,
Paula Pederson and Richard Machek, also from the Northeast Group;
Cathy Cantwell from Gainesville (Suwannee St. Johns Group) who
communicated daily with her Senator and got other Sierrans to call
their members; Gerri Swormstedt Chapter Chair, Betsy Roberts and
Arlene Sweeting cranking up the Manatee/Sarasota Group and to all
the others who did their part around the state. Lloyd Brumfield, Tom
Tomlinson, Bob Bangert, Jack Maney and Suzanne Valencic in Turtle
Coast group; the list goes on and our apologies to those we left
out. Let us know. Also thanks to National Sierra staff Beth
Connor, Joe Murphy, Jon Ullman, Frank Jackalone who helped organize
the groups and greased our wheels, with our ASR and growth
management weekly conference calls and volunteers Alan Farago,
Denise Layne, Dan Hendrickson and Maurice Coman talking about events
of the week or day and what actions we needed to take and Joe would
turn our conversations and our alerts into a shorter format
issue by issue and send them out to our core activists. We also want
to thank Antje Meissner and Steve Thomas who interned with us during
the session, they were instrumental in their roles for Sierra.
DING DONG ASR DIED: GRASSROOTS PREVAIL; REPEAT OFFENDER #1:
Citizens
raised their voices and their legislators listened. Aquifer Storage
and Recovery: SB854 and HB705. To all of you who made calls, sent
emails, you too made the difference. A collective effort. As we
reported to you during session, in our mini-TRs, often daily accounts
of what bills were up for a vote and how the votes went down - your
interest and effort to take the time to respond and call your
legislator put us over the top. Word around the Governor's folks
is that Sierra grassroots provided the final blows to kill the ASR.
Our tabling on Earth Day, with dirty water bottles as displays and
having information handy about the ASR bill; who the sponsors were,
telling how legislators voted and what it would do to our current and
future drinking water "RESOURCE"; along with Sierra's
co-ordinated press conferences giving legislators a platform to voice
their concern about the bill and focusing on Senator Les Miller from
Tampa who changed his vote from yes to noâ€|kept the momentum; and
Dr. Wanless's presence on Monday April 30th sealed the ASR
legislation's fate. Dr. Hal Wanless, Professor and Chairman of Geology
from Miami University gave us a day out of his schedule to walk the
hallways with our lobbyist and deliver his message which was:
"send clean water down and not contaminate our precious
resource."
REPEAT OFFENDER NUMBER TWO: ANTI-CITIZEN STANDING BILL BITES THE DUST
AGAIN!!!!
SB910/HB1135 Administrative Procedures Act or what we called
the anti-citizen participation act; anti-protecting your rights to
clean air and safe drinking water from pollution died AGAIN.
Make no bones about it, we fought against this from day one. This bill
was offered by Republican Majority leader, Senator Jim King
(Jacksonville), for the second year in a row. And a newly elected
Republican Dennis Ross (Lakeland), who had many regrets for doing so
once session began. HOW WE BEAT THE BILL: The number of bills that the
environmental organizations have to fight during session requires us
to split up the issues and have different organizations take the lead
on different bills. We do this at the pre- session legislative summits
held at Rollins College, so many citizen group representatives from
around the state can attend, and then monthly during the summer, and
every Friday during session, we meet to share strategies and update
each other on issues here in Tallahassee. So at any given time, most
of us help each other as much as we can. We are telling you this
because many of the Organizations don't always attend our summits and
therefore don't always feel accountable to those of us who do.
However, as bills died and issues passed or died, the last week of
session availed the opportunity for some who hadn't had the time to
fight the anti-citizen bill to join in. We met Wednesday morning May
2nd to decide how to stop the bill and to quelch the one organization
that was dealing away citizen standing. Two hours later we were
on the third floor holding a press conference tucked away in a corner.
Our press conference, organized by Marcia Elder and FL APA,
combined two issues: the new information on the DRI increase to 200,
and the movement on the Senate side in the last days on the anti-
citizen participation bill. (Thank you goes out to Representative
Larry Crow, (Republican) Palm Harbor, who is the Chair of the House
Judiciary Committee and who agreed with us that this bill was bad and
stated that he would not release the bill since it hadn't been heard
in House Judiciary Committee. What typically happens is the leadership
and sponsors try to get the Committee Chairs to sign a release form
and allow a bill assigned to their committee be removed from the
committee and dropped onto the House floor. Rep. Crow stayed true and
didn't give it up. (See earlier TRs as a reminder to Thank Rep.
Philip Brutus (Democrat) Miami and Senator Al Lawson (Democrat)
Tallahassee for sponsoring our series of amendments to lessen the
damage and to slow down these bills.)
INCREASING OUR ARMY:
We pulled out all the stops, we lobbied DEP, Rep.
Crow, Senator Tom Lee, (those we referred to as the Control Tower
members), the Attorney General's office got involved opposing the
bill, the Academy of Florida Trial Lawyers helped us. We informed the
Governor's office there was no deal. Many of us fighting this from day
one were Sierra Club, Save the Manatee Club, Florida League of
Conservation Voters, Florida Consumer Action Network, Florida Wildlife
Federation, 1000 Friends of Florida. American Planning
Association Florida Chapter, Defenders Of Wildlife and Environmental
& Land Use Law Center joined us towards the end. The bill was
passed by the full Senate on May 4th and there was not a single
"no" vote against the bill on the Senate Floor. There were
38 yes's and 0 No's. Senators Rossin and Smith did not vote. We
all really worked very hard against this bill. We routed position
paper after position paper listing the organizations that opposed this
legislation and the reasons why. We sent this to you in email alerts
during the fight. (Organizations opposed were Florida League of
Conservation Voters, Sierra Club, Florida Consumer Action Network,
Florida Wildlife Federation, 1000 Friends of Florida, Save the Manatee
Club, Defenders of Wildlife, Florida League of Anglers, League of
Women Voters Florida, American Planning Association, Florida
Chapter, Environmental & Land Use Law Center). CHAIRMAN OF HOUSE
JUDICIARY LOCKS THE BILL UP AND THROWS AWAY THE KEY: Because Rep. Crow
did not release HB1135 from Judiciary, the companion bill to SB910 was
not on the House Floor when SB910 arrived in the House from the
Senate. In addition, Representatives Greenstein and Seiler, both
Democrats, had amendments waiting to try to gut the bill: language to
take out the anti-citizen standing and the bad Board of Trustees
language (the Senate had changed the attorney fee requirement prior to
sending SB910 to the House.) It's Friday early evening and the House
brings up SB910, our breathing stops, and the bill is tabled, put on
hold. And while we waited minute after minute, hour after hour, on
pins and needles for sine die - possibly hearing that awful number
come up again, we never did. It died. Will we see it again? Maybe, but
it is going to be an election year in 2002 and the legislators think
we already have short memories and will not remember - this year or
last year (but they are wrong and tell them so when you visit them
over the summer.)
GROWTH MANAGEMENT VS SPRAWL:
The omnibus Growth Management bill
SB310/380 & HB1617/1437 did not make it, thank goodness. Even
though the Senate and House version got stripped down in the final
hours, they both had some offensive language lingering and that stuff
passed in other bills that are discussed in the BAD NEWS Part II
email. We managed to defeat the marina DRI exemptionâ€|Sierra and
STMC and FLAPA and LWVs did a lot to stop that from happening. As we
said during the session in our TR's the Omnibus Growth Management
bills were out in draft form very late in session and much of the
word-smithing was done behind closed doors with legislators and staff,
before we got our hands on any of the versions. This made it very
difficult for us to respond with amendments or our position on them.
However, the informal Growth Management team - American Planning
Association Florida Chapter, 1000 Friends of Florida, Sierra Club,
Florida Consumer Action Network, Florida League of Conservation
Voters, Save The Manatee Club, League of Women Voters Florida,
Defenders of Wildlife and Environmental & Land Use Law Center
reviewed 100's of pages of bills and amendments and drafted 100s
of amendments and wrote position papers for distribution to media,
legislators and you all. (Thank you, Marcia Elder & Bill Jones,
who pumped out statement after statement for us to review and sign on
to). Thank you to our Anti-sprawl Co-chairs Denise Layne and Alan
Farago. Denise who put many a mile on her car, driving up here week
after week, to assist with the reviewing of the bills and amendments
and lobbied like the rest of us. And to Alan Farago who wrote position
paper after position paper and editorials/press releases for
distribution by our National support staff, Beth Conner, Joe Murphy
and Jon Ullman. The sad part about the Growth management debacle is
that all summer before session and during the election cycle, the
Governor's Growth Management Commission capitalized on a lot of our
organizations' energy and time, stealing it awayâ€|for, in the end,
what we liked in the final analysis of the Commission and what was in
a few bills, (School concurrency and true cost accounting), died
because the homebuilders, farm bureau and other agriculture interests
didn't like it.
REPEAT OFFENDER NUMBER III:
ANTI-OCKLAWAHA RIVER & ANTI-MANATEE
RESOLUTION BILLS DIE HB1177 Memorial: Florida Waterways/Open Access
requests Congress to assure all Boaters have their boating rights in
water bodies over manatees, who live in them. The sponsors of this
bill were Representatives Kottcamp (Republican); Allen (Republican);
Harrington (Republican and Chair of House Natural Resources); Seiler
(Democrat); Green (Republican). This bill moved from committee
to committee, along with King's Kingdom which consisted of a pavilion,
parking lots, boat ramps and a bleecher at the Rodman Reservoir,
SB1246 and HB 1085. Sierra Club's manatee Issue Chair Helen
Spivey (who is also Co-Chair with Jimmy Buffett for Save the Manatee
Club) and our Ocklawaha River Restoration Chair Dan Donaldson
discussed our position early in session and the final day of session
making sure we still opposed (Florida League of Conservation Voters
and FCAN opposed as well) the compromise agreed to by the
Governor's office and Florida Defenders of the Environment, FL
Wildlife Federation and a few others. Even the last day there was
pressure for the groups opposed to King's Kingdom to cave, but we
didn't agree from the very beginning, no matter what amendments were
flying around, with the premise that we had to accept the
infrastructure King wanted in exchange for testing the water quality
of the River. Senator King was holding hostage money to clean up the
water in exchange for getting his Rodman Reservoir World Class Fishing
Tournament facility. We already have the information needed to clean
up the River and to bring down the dam. Just do it! Many
of our friends at FDE were torn between fighting the fight with us and
going along with the Governor's office compromise. But that is the way
it works, at least their intentions were out in the open and we were
informed and communicated about it along the way. Even a last
minute amendment attached to the Senate version, offered by Senators
King, Horne and Smith, stated that, lowering the water and cleaning up
the nutrients was not then a reason to take the dam down; it is our
understanding that FDE didn't like this language either. Thanks go out
to Helen Spivey, who traveled to Tallahassee week after week and
testified over and over again, and to our lobbyist for wearing
several hats and writing so many position papers and for distributing
them with the help of STMC employees sending out alerts after alerts.
We also learned that Rep. Pickens, the House sponsor, tried to get
some bi-partisan support for his bill and when the Democrats told him
that they would not because of the opposition voiced by STMC ,
Sierra and the fact that this was on the FLCV repeat offender bills
list, they would not support the bill. There were several Republicans
who did not want the bill to come up, either. It was also clear that
the Governor wanted all the enviro's to sign off on the bill and that
wasn't going to happen.
REPEAT OFFENDER NUMBER FOUR: The MUCK bill died.
HB729 and SB2074.
"Environmental Control": Rep.Argenziano added some language
to the Senate bill that Friday evening and sent the Senate bill back
to the Senate. Thanks to her being a bit greedy, the bill died in
returning messages. The Senate sine die'd earlier then did the
House and the muck bill was not on the list to bring back up and pass.
If you want to check it out, get on online sunshine and look up the
bill. The bill was exempting permitting requirements for removal of
invasive plants and removal of organic detrital material from
freshwater lakes and rivers under specified conditions.
Congratulations to Save the Manatee Club for keeping up with this bill
and to Jerry Karnas who worked it for the Club.
REPEAT OFFENDER NUMBER FIVE SURFACED AND WE SQUELCHED IT: SUBMERGED
LAND GRAB was rumored to be part of an amendment going into the
Forever Florida bill, SB1468, the last two days of session. But
because we brought the "rumor" out in the open. It didn't
happen.! The ST.Pete Times editorial was critical!
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****** TRAINS, PLANES,
AUTOMOBILES and BILL BOARDS: DRI EXEMPTIONS PASSED IN SB1053 AND
HB1225;
HB1053: The exemptions for airports and petroleum
facilities from DRIs passed in HB1053 as did substantial deviation and
rebuttable presumption language. Also included in this huge bill is a
requirement that counties and municipalities, pay "just
compensation" to billboard owners, where the local government wants
to remove the signs (in effect, the governments have to buy the signs
from the companies rather than just making them remove them). This bill
also creates Florida Golf License Plates (for all you golfers, this
one's for you). As of 5/23, the Governor had not received this
bill yet. When he does, he has two weeks to sign, veto or let it become
law without his signature.
HB1225 SHOULD BE CALLED THE SPRAWL BILL! DEVELOPERS GET INCENTIVE AFTER
INCENTIVE FOR DEVELOPING IN RURAL AREAS.
As a final insult to comprehensive planning, Section 27, page 76 removes
DRI review for many new sprawl developments. There is also a
provision that amends the Developments of Regional Impact statute to
increase the DRI threshold by 150 percent before a DRI kicks in, in the
name of rural economic development. It thereby allows large scale
developments of regional significance to no longer be subject to the DRI
review in "economically challenged rural areas."
As you are well aware, St Joe and Arvida, (who bought out Codina
Development, which Jeb Bush use to be partner in) were behind the scenes
pushing for this increase in the threshold for "rural areas of
critical economic concern" as "designated by the
Governor." We repeat, AS DESIGNATED BY THE GOVERNOR. The
sprawl factor just increased beyond our imagination. (Even though all of
the major Growth Management Reforms died. See Part II previous email
report). As of 5/23, the Governor had not received this bill yet.
*******
OFFENSIVE REPEAT OFFENDER IS STEALING P2000
money for other
purposes. P2000 suffered again, no matter how much we all tried to stop
the raid on land purchasing money - the legislature still took $75
million from CARL, instead of the $100 million the Senate passed early
in the session. Judy Hancock came to Tallahassee and spoke at a
press conference and rally organized by The Nature Conservancy during
session to show opposition to this raid. Laurie Macdonald,
Florida Director for Defenders of Wildlife, and also volunteer member of
the Chapter's Public Lands Committee, also participated in this event,
in addition to representing Defenders here in Tallahassee during
weeks and weeks of the session. Thank you to Marian Ryan and Linda
Bremer who prepared and provided alerts on this and also on the Fish and
Wildlife Commission non-game trust fund.
STREAMLINED AND
EXPEDITED PERMITTING FOR PROJECT COMPONENTS: ANYONE BESIDES US SMELL
ASR, ASR, ASR
Comprehensive Everglades Restoration Plan Regulation
Act: SB1524 was received by the Governor on May 22nd and the Governor
has till June 6th to make his decision. The bill has a
streamlined/expedited permitting program for project components of the
Comprehensive Everglades Restoration Plan (CERP). With certain
exceptions, (LIKE THOSE WORDS REALLY COUNT), the expedited
permitting program will apply to all CERP project components. Such
permits are in lieu of any other state permitting requirements. Permits
for project components will be for five years and may encompass multiple
project components. (SUBLIMINAL MESSAGEâ€|ASR, ASR, ASR). The bill
provides acceptance of Phase II of the Miami-Dade County Lake Belt Plan,
amends the boundary of the Miami-Dade County Lake Belt Area, &
repeals the Miami-Dade County Lake Belt Plan Implementation Committee,
as its assigned tasks are done.
FLORIDA FOREVER
HAS NEW GOALS:
(could one be to spend more Conservation and Recreational
Land (CARL) money elsewhere in the future)??? Land Acquisition and
Management Act: SB1468. This bill establishes new goals and performance
measures for Florida Forever Program recommended by the Florida Forever
Advisory Council. There is only intent language that says the
legislature should not take money from CARL again and that the money
they did take, the $75 million for the Everglades, should be replenished
back to CARL when the money comes back into General Revenue.
CONSUMERS GET TO PAY THE "BILL" FOR
ALTERNATIVE WATER SUPPLY PROCESS: ASR IS ONE OF THEM!
Water Resources:
HB1221 had some language in it that requires the Public service
Commission to allow the private utilities to start charging consumers
for the costs of experimenting with new alternative water supply
processes and one of the alternatives is known as (none other
than) Aquifer Storage and Recovery (ASR)! The exact language in the bill
page 5, line 19: " (k) The Florida Public Service Commission
shall allow entities under its jurisdiction constructing alternative
water supply facilities, including but not limited to Aquifer Storage
and Recovery wells, to recover the full, prudently incurred cost of such
facilities through their rate structure. Every component of an
alternative water supply facility constructed by an investor-owned
utility shall be recovered in current rates." The bill also
requires the WMDs to start doing Public service announcements and
other media communications stressing that the cure for our drought is
alternative water supply process. If you read between the lines, and
look at the subliminal message, Aquifer Storage and Recovery is there.
The exact language taken from the Legislative Citator reads:
"allows certain alternative water supply facilities to recover cost
of such facilities through rate structures; authorizes Water Management
Districts to solicit donations; authorizes Water Management Districts to
lease certain personal property; provides for membership on Manasota
Basin Board for resolution of tie votes"
***********************
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YOU ALL MAKE UP YOUR OWN MIND ON THIS ONE:
we
did not actively work on this legislation because this was not on our
priority list, but we thought we would feature this for the bills that
passed list in our final report. SB1922: A LEGISLATIVE TRAIN FOR ALL
OCCASIONS. This bill titled, "Agriculture and Consumer Services
Department (DACs)" was the DACs omnibus bill and it became a
vehicle for many things that weren't passing in other bills. We are only
featuring two (The Rural Land Stewardship projects and the Rural and
Family Lands) of the many. However, other components of this
legislation include: Eliminating the Florida Organic Farming and
Food Law; Residential Citrus Canker Compensation Program; Agricultural
Water Conservation; Damage or Destruction of Agricultural Crops;
Assessment of Agricultural Property,â€| The Rural Land Stewardship
language directs the department to authorize up to five local
governments to designate rural land stewardship areas; requiring a
written agreement; providing requirements for comprehensive plan
amendments for such designations; providing that owners of land within
such areas may convey development rights in return for the assignment of
transferable rural land use credits; providing requirements with respect
t such credits; specifying incentives that should be provided such
landowners; requiring reports. OUR ANTI-SPRAWL COMMITTEE SEES THIS
AS CREATING POCKETS/CLUSTERS OF SPRAWL. The Rural and Family Lands
section of SB 1922 was originally bill SB1758 & HB1389. The
language is supposed to provide additional protection or purchasing of
conservation easements on agriculture lands to promote conservation and
not development. There was no money appropriated this year,
however they do call for $100 million dollars from General Revenueâ€|and
we know how money for different projects relating to the environment,
that were supposed to be in General Revenue ended up coming from CARL
moniesâ€|lets hope the legislators don't steal money from CARL or
Florida Forever for this program, too. It also requires that, concurrent
with entering into an "agricultural protection agreement," the
landowner must grant to the state an option to purchase a conservation
easement or rural land protection easement at the end of the agreement
based on the value of the property at the time the agreement is entered
into, plus a reasonable escalation multiplied by the number of
full calendar years from the date of the commencement of the agreement.
Upon mutual consent and agreement of the parties, a landowner may enter
into a perpetual easement at any time during the time of an agricultural
protection agreement. If the landowner sells the fee title, the
buyer shall become the successor interest to the agriculture protection
agreement and option. So, The Land Stewardship language and the Rural
and Family Lands bill passed as a part of SB1922. As of 5/23
the Governor had not received this bill yet. *************************
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SUSTAINABLE COMMUNITIES:
the Tallahassee Growth Management Crew worked
tirelessly on trying to fix the existing sustainable or livable
communities projects. This was originally in SB432. Denise
Layne, Marcia Elder and Richard Grosso, (who also was in Tallahassee
during session, week after week after week), Executive Director and
General Counsel of the Environmental and Land Use Law Center, offered
many renditions to this bill. We wanted to see a completion of the
evaluation of the demonstration projects and then a development of an
appropriate local government certification program. However, this
"fix" didn't make it into any of the proposed bills. And the
good news is that the language promoting the Sustainable/Livable
Communities experiment going statewide didn't make it either.
**************************
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SERVICE "WORST"; "LAST";
GUTTING THE AGENCIES FOR CORPORATE ENTREPRENUERS AND LEAVING STATE
WORKERS BEHIND IN THE DUST!
SB466 is law already.Governor
Bush signed it on 5/14/01. How many of you or your neighbors are state
workers? We have learned of several being pushed out already, not just
from the Department of Environmental Protection. Workers are being
subject to firing without just cause. This law will restrict the ability
of the state workforce to investigate and enforce environmental
standards - and encourage polluters and others to skirt the laws. The
environmental regulators, children service workers, knowing their jobs
were on the chopping block, might not enforce the law, especially if the
violation occurs by a friend or supporter of a superior, or of the
governor. This law no doubt will drain millions of dollars from local
communities in the form of lost incomes-incomes which sustain businesses
across the state. Ironic. On May 15th, 2001, the papers reported that
Bush's "efficiency czar" resigned in protest. She got
frustrated with Bush's push to privatize state jobs. The St.Pete Times
editorial April 10 pointed out that this rush to dismantle Career
Service for state employees has nothing to do with improving service to
the public. Rather, it has become a reckless rush to give the governor
unprecedented control over state employees, undermine civil service
protections and weaken unions. (See Steve Medina's blistering critique
of the re-org proposal from environmentalists' perspective in the TR
that week; or track it down through the FLCV or PEER).
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Florida's Touted Electoral Reform Act Isn't So Hot: The Good
News and then A Critique of What Finally Passed: SB 1118
CITIZENS TURN BACK ATTEMPT TO INCREASE HARD MONEY CAMPAIGN
CONTRIBUTION LIMITS!
Clean Money activists in Florida (including Sierrans) focused strategic coalition efforts to block last-minute
shenanigans by Florida's House of Representatives who attempted to
force campaign finance deforms onto Florida's electoral reform bill
during the final weeks of the 2001 Legislative Session. House
Republican leaders attempted to double the maximum contribution
amount allowed to any Florida candidate (from $500 to $1000) and to
limit the statewide public funding amount a candidate could receive.
We objected loudly and brought in many allies such as labor, NAACP,
women's groups, Florida Clean Elections Coalition, Florida
League of Conservation Voters â€|to object during committee
meetings. Because of our alerts and serious communication efforts,
dozens of advocates activated grassroots telephone trees and email
trees to shock the House Leadership with overwhelming disgust from
citizens in key districts around the state. We took such a
quick, no-compromise position that their arguments for "inflation
for the last fifteen years" and "compensating for the loss
of fund-raising for the second primary (runoff)" never made it to
the statewide audience. Instead, we exposed the amendments as
bad-faith, politically-motivated aberrations that were not even a part
of the electoral problems from the November elections. Nor had
the campaign finance changes even been heard in any substantive
committees in either house. The Result: The Democrats and moderate
Republicans stuck together on the conference committee and the Senate
Committee Chair was able to deliver the crucial speeches to the House
conferees echoing our message: the public doesn't want MORE
money in politics, they want LESS. He added, "At some
point, the campaign (war chests) pile up like nuclear proliferation;
and each side adds more to match what's there; but you can only nuke
somebody onceâ€|" The public's outrage had been heard,
and the deform provisions disappeared from the next version of the
bill. In the final conference bill, however, the partisan
Republican majority still inserted one provision which purports to
limit matching money for statewide candidates seeking public funding
by eliminating out of state contributions from the calculations for
matching funds. This provision will probably fail in
court, since it violates Florida's Constitutional protections of the
amount of public funding available in existing law. The coalition work
succeeded (Florida Clean Elections Coalition, Common Cause Florida,
League of Women Voters of Florida, Sierra Club Florida Chapter,
Florida League of Conservation Voters, other enviros, labor, etc.) in
stopping this blatant campaign finance deform language in the election
reform legislation. Congratulations to all you activists who responded
so quickly and firmly, and to Helen Spivey and Dan Hendrickson. For
more information contact Dan Hendrickson at 850-385-6160.
FLORIDA'S ELECTORAL REFORM ACT: A LONG LIST OF (DELIBERATELY)
MISSED OPPORTUNITIES
Despite the publicity and seeming sigh of relief
by the news media, the Florida legislature did finally pass the long
awaited electoral reform legislation to address the debacle of the
2000 Election in Florida. Unfortunately, most legislators didn't learn
as much as they are being credited. In fact, the
legislation accomplished only the bare minimum of what the public
demanded - get rid of the punch card voting equipment and clean up the
blatant contradictions in Florida election laws which became too
obvious during the recount, protest and contest periods of the
aftermath of the November 7 election. Many of the most important
reforms were intentionally overlooked, and in some cases, voted down
by legislative leaders who, early in session, dragged their feet and
even mumbled only lukewarm intentions for passing any meaningful
electoral reforms at all. But, in the final weeks of session, a
strategic poll conducted for political science professors at
four state universities underscored the public's adamant support
for AT LEAST SOME legislation this year to clean up our election laws
(more than 80%, per news release 4/17). Leadership finally
acknowledged that something was in fact going to pass. In the
House, that meant that top Republicans began looking for poison
pills or partisan provisions that they could attach to the legislation
to further help their cause or to at least prevent the bill from easy
bipartisan passage. The most blatant were the last minute
campaign finance deforms stapled onto the major election bill (See
Citizens Turn Back â€| above). But other partisan
editing of the final bill intentionally omitted several reforms which
had been progressing in other bills during the several months since
pre-session committees began considering clean up suggestions for
Florida's election process. The final watered down compromise barely
deserves to be called "electoral reform." In
short, the bill failed to address the systemic changes many of us
hoped would result from last fall's embarrassing election flaws in
Florida:
Florida's elected officials: 1. did NOT extend the hours for
precincts past 7 pm, like most states, despite the long lines and
complaints of overcrowded polls; 2. did NOT restore former
prisoners' rights to vote, despite the controversy over Florida's
lifelong disenfranchisement of some 500,000 persons who have a felony
crime in their past; 3. did NOT make top elections officials
non-partisan, as well as the supervisors of elections each of
Florida's 67 counties, to avoid the internationally-mocked conflicts
of interest; 4. did NOT require election supervisors to allow
"early voting" for the weeks prior election day, to increase
turnout and lessen election day crowding; (more than 10% of us in Leon
County voted before Nov 7, besides the other 10% who voted absentee);
5. did NOT discuss changing electoral votes in Florida to
Proportional Allocation, instead of the high stakes,
"winner-take-all" that has caused such criticism of the
Electoral College; 6. did NOT allow "provisional"
ballots for voters who vote at the wrong precinct, even though
Florida's continuing growth results in hundreds of new voting
locations each year, and county-wide voter records are readily
available from each supervisor's office; when the bill passed the
Senate floor on April 27, it allowed provisional ballots for any
voter; during the final week of session, the House conferees won the
limitation to only the specific precinct, frustrating much of the
purpose of the provisional ballot; 7. did NOT clean up the
"Motor Voter" registration flaws which disenfranchised
thousands of Florida voters; 8. did NOT require more
multi-lingual accommodations for non-English speaking voters, even
though complaints of violations were well publicized; 9. did NOT
strengthen enforcement of voter protection laws; 10. instead, the bill
eliminated some penalties for current election violations; 11.
eliminated the "protest" remedy after election
day for close elections; 12. increased the time allowed for
overseas voters, creating a "legal presumption" of
timeliness, EVEN IF the actual postmark on the envelopes are dated
AFTER the deadline; 13. allowed only overseas voters to begin
internet voting opportunities (registration, electronic transmission
of absentee ballots, email notification of candidates, etc.); 14.
weakened the new Voter's Bill of Rights by adding an accompanying
"Voter Responsibilities," even though it may confuse or
intimidate new voters as to what is required at the polls; also see a
broader, national Voter's Bill of Rights which has been endorsed by
dozens of reform organizations, including Florida LCV, Florida Clean
Elections Campaign (including Sierra, Florida Chapter, etc.) and which
includes Clean Money Campaign Reform as a goal for ensuring "one
person, one vote"; by the way, Florida's new "Bill of
Rights" is specifically precluded from being legally
enforceable ("(no) legal cause of action"! What kind of
'rights' are not enforcable?); 15. eliminated the "second
primary" in 2002 which provides a runoff when no candidate
receives a majority of votes in a primary election in Florida; but,
the legislators did not consider the "Instant Runoff"
alternative (IRV) of multiple voting to avoid having to have a
runoff election. The "IRV" type of runoff was
considered in several state legislatures this year, to help insure
elections are determined by at least a majority of voters. IRV
could apply to general elections as well as primaries when there are
multiple candidates on the ballot, and should at least be seriously
studied by attempted electoral reforms; see national website in
previous TR, or call us for more info; 16. restricted 2 million
dollars for computerizing a statewide voter database, to make sure no
one votes more than once or registers in a new county after losing
their right to vote elsewhere in the state, etc. 17. inserted one
bad-faith, politically-motivated amendment to weaken Florida's
spending limits and public funding system for gubernatorial and other
statewide races next year (See "Citizens Turn Backâ€|"
above). Specifically, the change would eliminate out-of-state campaign
contributions from matching dollars for candidates who agree to
spending limits in our Constitutionally provided public funding
system; 18. failed to consider "same day registration," so
new voters can register on election day, as some states already allow,
and some Florida legislators supported for this legislation; this
change would eliminate the problem of false purges, lost motor voter
registrations, etc. and would allow thousands of new Floridians to
vote; 19. did NOT fully fund the cost of replacing the now illegal
punch card machines; budget amendments were voted down; 20. did
NOT fully fund the cost of voter education and poll worker training;
budget amendments to provide the necessary funding were voted down.
The Electoral Reform bill did accomplish several important
improvements On the positive side, the Election Reform legislation
DID:
1. ban the punch cards voting technology in Florida; 2.
require precinct-based tabulation of each vote, so voters can get a
second chance if their ballot is rejected; 3. fund PART ($24
million) of the $ needed for the replacement hardware for Florida
precincts; 4. provide $6 million for public voter education
activities (See Section 59, page 86); 5. clarify the use of
"provisional ballots" when a voter's registration is not
verified at the polling place; this will allow voters to vote even if
their name has been purged for whatever reason, and the ballot may be
counted if later that person is determined to be a valid voter (but
only in that specific precinct). 6. require the posting of a
ten-point "Voter's Bill of Rights" at each precinct; 7.
clarify the use of manual recounts, which was hotly contested even
after the end of the Presidential Recount; (Speaker Tom Feeney
insisted at the beginning of session that Florida law would make sure
that recounts are done by machines, not people); however, manual
recounts now will include both undervotes and overvotes; 8.
begin internet access for voters (but see "overseas only"
limitation in #13 above); (Section 50, page 73) 9. extend the
certification deadline for general elections from 7 days to 11 days
following the election; (late returns, however, must now be
ignored.); 10. require minimum training for poll workers; 11.
require a uniform ballot statewide.
Nationally, the Florida legislation has been hailed as the most
comprehensive (1500 bills were filed around the country this year
addressing election reforms). Other states have at least passed
legislation to restore former felons' right to vote (including
Kentucky, Connecticut and New Mexico). Hopefully, more states
will seriously address the disenfranchisement issue and other
systemic changes only eulogized here.
OTHER "GOOD GOVERNMENT" ISSUES IN THE 2001
LEGISLATURE
In other legislation, dozens of bills died on elections, campaign
finance and other popular, "good Government" issues.
Notably, legislators and agencies attempted again this year to close
more open records (Florida's popular "Sunshine" laws) by
adding new special exceptions. Several passed. Contact the
First Amendment Foundation or call us for specifics. Campaign Finance
bills passed by the House on the first day of session ended up dying
without being considered by the Senate, since the Senate would have
wanted amendments improving the bill. While the reforms weren't great,
they would have corrected the "overbroad" definition of
"political committees" in Florida's regulation of campaign
contributions. That "fix" would have allowed the state
to clearly regulate political committees again (which was suspended in
part by a court decision two years ago). (For a description of
the entire bill, see the TR for 3/11/01, and look on-line HB
273).
GOOD NEWS: CAMPAIGN WAR CHESTS MAY NOT INCREASE AS MUCH IN
2002 ELECTIONS
The only good Campaign Finance news came as an indirect, unintended
reform (SB 1118, above): Because the legislature eliminated the
primary runoff (October election) for 2002, the maximum limits allowed
for political contributions ($500 per election) may end up limiting
the amount given to candidates next year, at least from the same
individual bank accounts. Instead of three different $500 checks, rich
special interests will only be allowed to give two $500 checks to each
candidate they support. This may slow down the increasing
war chests of incumbents and special interest candidates. The
election will still probably see record amounts of both hard money and
soft money (political party) fund raising and influence peddling again
in the 2002 elections, as we have in the last several election cycles
in Florida.
Florida's Clean Election Campaign Written by Dan Hendrickson, Sierra
Club Florida Chapter Co-Chair 850-385-6160
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