Here are the environmental bills to watch as Florida’s legislative session starts

From Key West to Pensacola, Florida’s environment is facing a surge of threats.

On land, human development jeopardizes the existence of the Florida panther, one of the state’s most endangered species, while climate-fueled sea rise puts pressure on an already troubled insurance market — all while more than 1,000 people move here each day.

In the water, pollution continues to kill off seagrass in major estuaries, coral bleaching has pushed offshore reefs to the brink and fish are contaminated with pharmaceuticals.

It’s under this backdrop that Florida lawmakers convene in Tallahassee this week for the annual legislative session, where a slate of new laws and an annual budget will emerge after 60 days.

Like last year, there’s no shortage of environmental issues Florida’s elected officials could address with their proposals, some of which seek to wrest control of environmental regulation from local governments.

The Tampa Bay Times compiled this list of legislative bills from sources including regional planning councils, local governments, elected state lawmakers and nonprofit organizations like 1000 Friends of Florida, the Sierra Club and Tampa Bay Waterkeeper, among others.

These are the bills to watch as session begins this week.

Is it safe to swim?

Title: Safe Waterways Act

Is the water you’re swimming in safe? Are there health risks at the beach? Are pollutants like chemicals and fecal bacteria swirling around?

The answers to these questions are hard to find if you’re a Floridian looking to swim in a water body.

The Safe Waterways Act aims to inform the public, through digital messaging and on a central website, of the risks of a waterway.

This is the third time in as many years lawmakers have tried to pass the Safe Waterways Act, and this year’s bipartisan version has a key detail: The bill puts responsibility for bacteria testing at beaches solely under the responsibility of the Florida Department of Environmental Protection instead of Florida’s health department.

“The public has a right to know whether the beaches and waters they’re swimming in are infested with fecal bacteria,” said one of the bill sponsors, Sen. Lori Berman, D-Boca Raton.

Legal fees for failed permit challenges

Title: Environmental Management

Several environment watchdogs said they are closely monitoring a measure introduced this year that would force people who sue the Florida Department of Environmental Protection or water management districts to foot up to $50,000 in legal bills if they lose.

The measure takes cues from a law passed last year that similarly allowed lawsuit winners to collect attorney fees in challenges to local governments’ comprehensive plan amendments. Opponents warned it would have a chilling effect on citizen challenges to developments and called the law “the worst environmental bill passed by the Florida Legislature during the 2023 session.”

Critics of the latest proposal, including the nonprofit Friends of the Everglades, said the bill “is a gift to the development industry, at the expense of Florida’s environment and everyday people.”

One of the bill’s sponsors, Rep. Toby Overdorf, R-Stuart, defended the bill, saying it’s another tool to clean up a court system bogged down by “potentially frivolous lawsuits.”

A ballooning problem

Title: Release of balloons

You’ve probably seen people releasing balloons on the beach to celebrate a birthday or remember a loved one.

Though this may be a fun or symbolic way to mark a special event, balloons can wreak havoc on the environment. Sea turtles can mistake plastic balloons for jellyfish, and balloons can take decades to biodegrade.

A bill introduced this session would prohibit the intentional release of balloons and re-classify released balloons as litter.

Fertilizer bans under threat

While no legislation has been filed, local governments and environmental advocacy groups fear the state could use this session to extend a pause on a tool used in an effort to improve water quality: seasonal fertilizer bans.

Late into last year’s session, lawmakers tucked a measure into the budget that gave the University of Florida $250,000 to study the effectiveness of local fertilizer bans. The proposal prevented any cities or counties from adopting a new fertilizer ban until July 1 of this year.

The halt on fertilizer bans and the accompanying study were suggestions from the TruGreen lawn care company. Late last month, the results from that report became public: University researchers argued there’s not enough evidence that banning fertilizer stops pollution. It was a controversial claim that was countered by a scientist whose own research was cited in the report.

Still, lawmakers could potentially use the study’s findings as a reason to further halt fertilizer bans. So county officials, including those in Pinellas, which already has a summer fertilizer ban, say a priority this session is to support other counties that want to adopt one.

Wetlands a focus after Supreme Court ruling

Title: Land and Water Management

A pair of bills would preempt local governments’ “dredge and fill activities” to state environmental regulators.

Environmental groups fear the bill creates an “insurmountable financial hurdle” for local governments when wetland protections are stronger than the state’s baseline requirements.

The bill comes on the heels of a July 2023 U.S. Supreme Court decision that changed the definition of a protected wetland.

The House sponsor of the bill, Rep. Randy Maggard, R-Dade City, last year filed a controversial bill that, if passed, would have meant any future county control over wetlands and pollution laws would be preempted by the state. Maggard filed the bill after county regulators raised red flags about his nephew’s property, where trees were slashed without permits and an eagle nest was missing.

Company challenges to local government decisions

Title: Local Government Actions

Under this proposed bill, it would now be easier for private, for-profit “food, energy and supply-chain security” companies to challenge local government decisions that might affect their business.

The bill would apply to the “fertilizer production and distribution” sector, including companies like Mosaic, who have facilities located in the jurisdiction of both the house and senate bill sponsors.

Here’s how the bill could work for a company like Mosaic: If a local government opts against approving a company permit, this bill allows the corporation to petition a state agency to review the decision.

The bill’s house sponsor is Rep. Lawrence McClure, R-Plant City, who last year was the sponsor of a bill that would allow the Florida Department of Transportation to study the use of phosphogypsum, a mildly radioactive byproduct of Mosaic’s phosphate manufacturing process, in road construction. The bill was signed by Gov. Ron DeSantis, and Mosaic later paid nearly $25,000 for a fundraising event for McClure.

Bills related to community planning

Title: Residential Building Permits

Two bills aim to streamline building permitting in a state reeling from hurricane damage, but opponents say they would also limit local government control over development. The bills would require local governments to create a program to speed up issuing residential building permits, reduce permit applications from 10 to three days and make permits valid indefinitely.

Title: Attorney Fees and Costs

This bill would define the term “property rights” in Florida law to expand landowners’ rights to water bordering their properties. Similar to other bills filed this session and last year, the measure would also award attorney fees for the winners in land-use change disputes as long as they comply with state environmental regulations.

Title: Agritourism

This measure would bar local governments from limiting certain activities associated with agritourism, which traditionally offer on-farm recreational experiences for consumers. The bill’s language includes breweries, wineries and food stands under the umbrella of agritourism.

Opponents worry it creates a back door to legalizing party spots that draw noisy crowds but have loose ties to actual farming practices. A similar local ordinance in Miami-Dade County has disrupted rural life and threatened environmentally sensitive areas, according to some residents.

Bills tackling environmental preparedness

Title: Mangrove Replanting and Restoration

This bill has been reintroduced this session, and would require the Department of Environmental Protection to create rules for mangrove replanting and restoration. The rules include tackling eroded areas, protecting barrier islands and restoring the Everglades and Biscayne Bay. The bill also requires a statewide study to determine if mangroves — which provide flood protection — could reduce insurance premiums.

Title: Saltwater Intrusion Vulnerability Assessments

The bill would allow coastal counties to receive funds from the Resilient Florida grant program to determine what areas are vulnerable to saltwater intrusion. It would also require the state to update its flood vulnerability and sea-level rise data.

Title: Flood Zone Disclosures for Dwelling Units
This bill would act as a safeguard for renters. Before a lease is signed, landlords would have to tell potential tenants if a rental property is in a flood zone. Additionally, current tenants must be told if their rental property’s flood zone changes.

Title: Flood Disclosure in the Sale of Real Property
Another bill meant to inform residents of property flood risk, this act would ensure buyers are aware of flood damage to a home. A seller must disclose instances of flooding, the home’s risk of flooding and any federal assistance received for flooding before selling a property.

Title: Everglades Protection Area
The bill ensures that any proposed amendments that involve land within 2 miles of the protected area of the Everglades will be reviewed by the Department of Environmental Protection for anything that could harm the area. The department would make recommendations on how to avoid damaging effects.

Title: Advanced Wastewater Treatment
The legislation aims to assess the health of wastewater treatment plants and nearby water bodies that receive discharged, treated sewage. The information would be used to create a list prioritizing facility upgrades across the state.

Land conservation across Florida

Title: Land Acquisition Trust Fund
This bill would assign $20 million each year from the Land Acquisition Trust Fund (a fund for purchasing and conserving the state’s land) to protect water resources in Central Florida, and create new water supply options. It would be for areas that include the Alafia, Hillsborough and Peace rivers, among others.

Title: Land Acquisition Trust Fund
Another bill that requires $20 million annually from the Land Acquisition Trust Fund — this measure would go toward the Florida Keys. The bill outlines working with local governments in the Keys to protect or restore marine ecosystems. The funds can also be used to obtain land for conservation efforts.

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