ABM Responds to 2011 Legislative Proposals

The Agency on Bay Management, representing governments, industry and citizens across the Tampa Bay region, has raised points of concern on several proposals being considered by the Florida Legislature and has communicated them to the Tampa Bay Legislative Delegation.

Septic Tanks: HB 13, SB 130, SB 82, SB 168

ABM opposes this legislation because it removes the requirement that septic tanks be inspected every five years and properly maintained to protect the environment and public health. Poorly maintained septic tanks contribute to excess nutrient discharges, bacteria, and unhealthy water quality. The costs associated with the inspections are significantly less than other homeowners pay for municipal sewer services.

Numeric Nutrient Quality Criteria: HB 239

ABM appreciates the intent of the legislation but opposes it for a number of technical reasons. It also may result in legal action against the State of Florida, putting the state in a vulnerable position and making it difficult for local governments to obtain the permits they need to operate.

Fertilizer: HB 457, SB 606

ABM opposes this legislation because it preempts local governments from implementing fertilizer use regulations that are more stringent than a model ordinance developed by the state. (See story page 1.)

Environmental Permitting: HB 991, SB 1404

ABM opposes this legislation because:

It increases the use of general permits for wetland projects without the appropriate level of oversight;

It provides for incentive-based permitting that includes fast-tracking and fewer inspections for applicants with a good compliance history, but the qualifications are very weak;

It contains provisions that will preempt local government control over their water quality and natural resources.

It states that local governments cannot require acquisition of a state or federal permit before issuance of local permits, which is in direct conflict with existing federal stormwater permits.

Growth Management: SB 1122, HB 7021

ABM opposes this legislation because it preempts many planning and management activities of local governments. Also, this broad-reaching bill is in conflict with several other bills now before the legislature which relate to water quality or natural resource protection.

Surface Water Improvement & Management: HB 389, SB 934

ABM opposes this legislation because of its negative effect on local governments which have significant areas available for redevelopment. The legislation will cause local governments to retrofit archaic drainage structures that contribute to impaired waters and flooding problems when that work has historically been performed by the entity redeveloping the property.

Agriculture Exemptions to Water Management Requirements: HB 421, SB 1174

ABM opposes this legislation because it allows essentially uncontrolled impacts to wetlands within agricultural lands, potentially allowing their destruction to prepare for more intense development.

The Lack of Funding for Florida Forever.

For more than a decade, Florida has been a national leader in public land acquisition through Florida Forever. In 2008 Florida Forever was renewed for another 10 years. In 2009 the state did not fund the program. In 2010, the state budget included about $15 million, but up to $300 million is possible each year. So far in this legislative session the Governor's proposed budget does not include any funding for the program. ABM strongly supports funding Florida Forever.