2023 Florida Legislative Wrap-Up

Dear Friends.  Here is another reminder from 1000 Friends of Florida about the need to register your opposition to SB 540 which would make it cost prohibitive to challenge bad development proposals at the County level.  Please send your opposition to Gov DeSantis or, at the least, sign the petition attached.

1000 Friends of Florida is an excellent organization and the best way to keep up with state actions.  They have a legislative wrap up webinar on the 17th which should be very helpful.  I’m not sure you need to be a member to participate online but a small donation ensures membership.  

Percy Angelo

PLEASE DONATE!

Dear Percy,
While the 2023 Florida Legislative Session ended on May 5, it will likely be weeks until we know the final outcome on a number of bills we have been tracking. The bills listed below will be forwarded to Gov. DeSantis in the coming days and weeks for him to sign into law or veto. If he declines to act, the legislation automatically becomes law.   

ACTION NEEDED:

Local Comprehensive Plans – 1000 Friends strongly opposes the “sprawl bill,” SB 540, which was transmitted to Gov. DeSantis on May 9. We are urging Gov. DeSantis to veto this damaging legislation which sounds the final death knell on planning-related legal challenges.  SB 540 allows prevailing parties to recover attorney fees in challenges to comprehensive plans and plan amendments, effectively eliminating planning challenges by citizens and public interest groups due to the potential financial liability should the challenge not succeed.  

SIGN THE PETITION

WE SUPPORT THE FOLLOWING LEGISLATION:Abandoned and Historic Cemeteries – HB 49 would create the Historic Cemeteries Program in Florida under the State Historic Preservation Officer and would provide grants to assist with historic research, outreach to family members, and repair and maintenance of abandoned African-American cemeteries.

Public Financing of Potentially At-Risk Structures and Infrastructure – HB 111 would expand the existing Sea Level Impact Projection (SLIP) study statute to include all areas at risk due to sea level rise, not just those within the coastal building zone, and require a list of flood mitigation strategies for potentially at-risk structures or infrastructure.

Designation of Brevard Barrier Island Area as Area of Critical State Concern – HB 1489 would designate the southern barrier island of Brevard County to protect the coastal ecosystem and nesting habitat of sea turtles.

Apalachicola Bay Area of Critical State Concern – HB 407 would authorize the Department of Environmental Protection to expend up to $5 million annually for the next five years in financial assistance to the City of Apalachicola for water quality projects within the Apalachicola Bay Area of Critical State Concern.

Environmental Protection – HB 1379 would require the capital improvements element of comprehensive plans to include a list of projects necessary to achieve pollutant load reductions for local basin management action plans (BMAPs), require the sanitary sewer and solid waste element to prioritize advanced waste treatment, and require a plan (to be reviewed by the Florida Department of Environmental Protection) to provide sanitary sewer connection services for certain properties.   It would create and provide continued funding for the Indian River Lagoon Protection Program to meet the total maximum daily load goals for phosphorus and nitrogen. The bill prohibits new onsite sewage treatment systems for areas located within BMAPS where sewer system connection is available and feasible.  It would require the BMAP planning process to include a prioritized list of projects most likely to achieve pollutant load reductions, acknowledges that agricultural best management practices alone will not achieve the necessary load reductions, and creates a water quality improvement grant program to fund restoration projects.  It prohibits sewage disposal facilities from disposing into certain water bodies without advanced waste treatment. It dedicates $100 million annually to the Florida Forever land acquisition program and increases the purchasing price threshold regarding which contracts must be reviewed by the Trustees of the Internal Improvement Trust Fund. It also requires the Florida Department of Environmental Protection to assess current coastal planning processes to increase efficiency and speed on infrastructure repair following natural disasters.

WE OPPOSE THE FOLLOWING LEGISLATION:

Natural Emergencies – 1000 Friends opposes certain provisions in SB 250 intended to accelerate rebuilding following natural disasters. It would bar local governments within the disaster declaration area for Ian and Nicole from increasing building fees or adopting “more restrictive or burdensome procedures” to its comprehensive plans or land development regulations concerning review, approval or issues of a site plan, development permit or development order before Oct. 1, 2024.  Because of implications on sound community planning, 1000 Friends has submitted a veto request to Gov. DeSantis. 

Local Ordinances – SB 170 would require local governments to prepare a business impact estimate before enacting a wide range of ordinances, including measures to protect the local environment and quality of life. It also provides additional avenues for businesses to sue local governments and would take away local government to recover attorney fees and costs should the business prevail.

Fertilizer Ordinance Preemption — The budget bill passed by the Legislature, SB 2500, includes a line item appropriating $250,000 in nonrecurring funds for a study “to evaluate the effectiveness of timing of seasonal fertilizer restrictions” — a policy already adopted by many local governments in Florida. But the bill preempts more local governments from adopting or amending their own fertilizer ordinances with prohibited application periods, weakening their ability to protect their local water supplies from nutrient pollution. 1000 Friends has submitted a request to Gov. DeSantis to exercise his line-item veto authority to eliminate this appropriation to save taxpayer dollars and restore the full authority of local governments to protect their water supplies. We encourage you to visit our Legislative Webpage and attend our Free Florida Legislative Wrap Up Webinar at noon, Eastern, on May 17 for more detailed information on what passed and failed this session and how it impacts you and your community. And, as always, we appreciate your support!

PLEASE DONATE!

With thanks from the 1000 Friends of Florida Legislative Team: