Environment

Water Quality – Water is perhaps Florida’s most valuable resource. In addition to sustaining life, it provides many environmental, economic, and recreational benefits to the public.  A focus of Florida TaxWatch’s research in recent years has been the protection of this vital asset. We will continue to recommend the creation of a five-year water projects work program, the conversion of septic to sewer, and better processes to select which local water projects are selected for state funding. 

LEGISLATION THAT PASSED

Nature-based Methods for Improving Coastal Resilience – SB 302 promotes the use of green infrastructure and nature-based solutions to resiliency, such as living seawalls, wave attenuation devices, and green stormwater infrastructure, as well enhancing natural systems like mangroves, salt marshes, seagrasses, and oyster reefs. The bill authorizes structures to be erected for nature-based solutions to improve coastal resiliency in all state preserves. The bill requires the Department of Environmental Protection (DEP) to initiate rulemaking to establish a statewide permitting process for such nature-based methods and develop design guidelines and standards for using green or hybrid green-gray infrastructure to address coastal resiliency. DEP and local governments are also required to promote public awareness and education of the value of nature-based solutions for coastal resiliency.  Florida TaxWatch has issued two reports (here and here) on nature-based resiliency, citing its benefits and potential for cost savings, and highlighting a success story in Jacksonville. SB 302 was passed by both chambers unanimously.

Conservation Lands – HB 441 enhances transparency for state-held conservation land transactions by extending the public notice period for proposed sales or exchanges from 7 to 30 days. The bill requires that the Division of State Lands publish detailed information online, including parcel data, at least one appraisal report, and a formal justification explaining how an exchange benefits the state. The Senate took up and passed the House bill.

Land Use and Development Regulations – HB 399 requires application fees for development permits and orders to be based on the cost of reviewing and processing the application, not the projects price tag. The bill discontinues the practice of requiring a supermajority vote to approve amendments to future land use elements of a comprehensive plan. It preempts or restricts local government regulation relating to assessing the compatibility of residential uses, improvement of large destination resorts, zoning of off-site constructed residential dwelling, and development of compost processing facilities. HB 399 also calls for a study or the impacts of removing urban development boundaries. HB 399 passed the full House, and after some back and forth and several amendments, the Senate passed the bill.

LEGISLATION THAT DID NOT PASS

Ocklawaha River Restoration – The Ocklawaha River is the primary tributary to the St. Johns River. The construction of the Rodman Dam, now known as the George Kirkpatrick Dam, and its adjoining reservoir closed off the flow of the River, resulting in the loss of 16 miles of river channel, the loss or flooding of 7,500 acres of forested wetlands, and the covering of more than 20 freshwater springs. The construction of the Dam and Reservoir has resulted in significant adverse impacts to the River and floodplain, including: (1) chronic inundation of the floodplain and degradation of water quality in the Reservoir and upper river; (2) reduced downstream fish and shellfish productivity; elimination of critical plant and wildlife dispersal corridors due to fragmentation of the River and floodplain habitat; and (4) increased exotic and nuisance plant species from stagnant water levels and flow velocities created by the Dam. In a February 2022 research report entitled “A River (No Longer) Runs Through It: Ocklawaha River Restoration,” Florida TaxWatch recommended the breaching of the Dam and the partial restoration of the natural flow of the Ocklawaha River. Consistent with Florida TaxWatch’s recommendations, HB 981 requires the Department of Environmental Protection (DEP) to develop a project plan by July 1, 2027, for the restoration of the Ocklawaha River, which must be completed by December 31, 2032. The River’s hydrology and floodplain function must be restored to the approximate conditions that existed prior to the construction of the Cross Florida Barge Canal project. The bill requires DEP to develop a grant program to implement an Outdoor Recreation Plan, to enhance and expand access to rivers and springs. The Department of Commerce must develop an economic development program for Marion and Putnam Counties to support projects that encourage job creation, capital investment, and strengthening and diversifying each county’s economy. HB 981 passed the House. SB 1066 made it to the Senate floor, but time ran out. However, the Senate budget contains $15 million for Ocklawaha River restoration.

Stopping Municipal Utility Revenue Sweeps – Once standard operating and debt obligations costs are covered, many publicly owned utilities make transfers to their General Fund (a practice known as “sweeping”), to help pay for other government services. This practice increases the risk of undercapitalization of water infrastructure and violates taxpayer fairness and accountability. A recent Florida TaxWatch report examines this problem and makes recommendations to help make sure that utility infrastructure is adequately maintained, future demands for water and wastewater service are met, and rate payers are not overcharged. Several bills (SB 1420, HB 773, SB 1724, HB 1451) were filed that would have eliminated or prohibited counties and municipalities from using utility revenues for other governmental activities and requires surplus revenues to be reinvested in the utility or returned to ratepayers. Unfortunately, these bills either stalled or had the sweep restrictions removed to focus on the rates charged to customers outside on the local government boundaries. SB 1556 was amended to require city and county run utilities to reinvest all utility revenue back into the system, instead of sweeping utility revenue into the General Fund. However, the sweep provision was removed in its second committee in Week 7.

Advanced Wastewater Treatment –  SB 1468 would have advanced the goals of a water project work program, as recommended by Florida TaxWatch. This legislation is a more limited application of the concept. The legislation directs the Department of Environmental Protection to compile a comprehensive list of wastewater treatment facilities, with the information needed to develop priority rankings to guide the policy and funding of the Legislature. Senate sponsor Lori Berman stated we must make sure “we are spending taxpayer dollars wisely and putting the most in need projects at the top of the list when it comes to state funding,” Florida TaxWatch could not agree more. For the second session in a row, the bill passed committees, but unfortunately stalled.

Blue Ribbon Projects – HB 299 and SB 354 looked to establish a statewide approach for qualifying blue ribbon projects to streamline large-scale development while maintaining land preservation and affordable housing efforts. Qualifying landowners would be able to bypass traditional zoning and comprehensive plan amendments in exchange for dedicating at least 60 percent of the land for long term conservation and environmental commitments with the landowner receiving dollar-for dollar credits against several local government fees. Both bills would require 20 percent of the housing to be dedicated for affordable housing development. The two similar bills made it to their respective floors but ultimately fell short.

Release of Conservation Easements – HB 673 would have required water management districts to release conservation easements to landowners if certain criteria are met, such as the parcel being under 15 acres and surrounded by impervious surfaces. The bill excludes conservation easements in residential developments and parcels owned by a specific district and mandates that owners assume stormwater management and mitigation credits if the conservation land is released. 

Storm Water System Standards – HB 239 and SB 558 would have mandated that all newly installed storm water systems in Florida’s counties and municipalities must comply with the Florida Department of Transportation’s Standard Specifications for Road and Bridge Construction. They also require that final inspections be performed by a licensed engineer, general contractor, or third-party inspection company independent of the current operator. These state standards will supersede any existing local standards, ensuring uniformity and high-quality installations across the state.