FLASLA 2015 Week 1 Legislative Report

Landscape Architecture Month

SB 452 by Senator Flores is the FLASLA resolution declaring April Landscape Architecture Month. It should be published this month prior to the commencement of Landscape Architecture Month.

Water and Environmental Resources

Water Resources

HB 7003 by the House Staff Affairs Committee and Representative Caldwell; No Senate companion to date

This is a comprehensive water policy bill. Among many other provisions, the bill designates all first magnitude springs in the state and all second magnitude springs within the state or federal owned lands as Priority Florida Springs (PFS). It requires water management districts (WMDs) to develop new or revise existing recovery or prevention strategies concurrently within the establishment or re-evaluation of minimum flows and levels (MFLs) for all PFSs.

Additionally, the bill requires the WMDs to include in their 5-year water resource development work program an annual funding plan for each of the five years for water resource and water supply development projects contained in each approved regional water supply plan.

Further, the bill updates and restructures the Northern Everglades and Estuaries Act to reflect and build upon DEP’s completion of Basin Management Action Plans (BMAPs) for Lake Okeechobee, the Caloosahatchee Estuary, and the St. Lucie River and Estuary, DEP’s continuing development of a BMAP for the inland portion of the Caloosahatchee River watershed, and DACS’ implementation of Best Management Practices (BMPs) in the three basins.

The bill also authorizes DEP to adopt by rule a specific surface water classification for certain waterbodies used as a source of drinking water. It passed the House this week.

Environmental Resources

SB 918 by Senator Dean; No House companion to date

This bill outlines a comprehensive, statewide water and natural resources policy for Florida. It contains provisions related to public access to public lands, it creates a water resources work program, and it contains numerous springs provisions. The bill also creates the Florida Shared-Use Nonmotorized Trail Network (SUN Trail) as a component of the Florida Greenways and Trails system consisting of hard-surfaced trails separated from roadways designed specifically for bicycle and pedestrian use. The bill requires a Consolidated Water Management District Annual Report that will contain information on all projects related to water quality or water quantity currently under construction or planned for construction in the next five years. Additionally, it requires the DEP and water management districts to establish standards for the collection of water quantity, quality, and related data to ensure quality, reliability, and validity of the data and testing results. The Senate Environmental Preservation and Conservation Committee discussed the bill this week but did not take a vote.

Amendment 1

HB 1291 by Representative Boyd was filed this week. This bill restructures trust funds and provides for the distribution of Amendment 1 dollars. HB 1293 and HB 1295 are linked bills that also make trust fund changes. The Senate filed SB 576, 578, 580, 582, 584, and 586. Those bills also restructure trust funds and provide for the distribution of Amendment 1 dollars. The major difference between the two approaches is that the Senate removes affordable housing funding and the House preserves it. Neither bill provides allocations for programs, although all programs the County is supporting are included within the scope of the implementation.

Other Legislation

Hazardous Walking Conditions

HB 41 by Representative Metz; SB 154 by Senator Hays

These bills requires school boards and other governmental entities to cooperate to identify and correct hazardous walking conditions on roads that children use to walk to schools. HB 41 received three committee references and has passed its first committee. SB 154 received four committee references and has passed its first two committees.

Public Private Partnerships

HB 63 by Representative Steube; SB 824 by Senator Evers

These bills contain glitch changes to the public private partnership statutes. They have been clarified to ensure that they do not interfere with the CCNA. HB 63 received four committee references and has passed its first committee. SB 824 received three committee references and has not been heard.

Public Records

HB 163 by Representative Beshears; SB 224 by Senator Simpson

These bills are intended to prevent the abuse of public records law. Following a law change two years ago, some attorneys have brought multiple public records requests before private companies in order to catch them in public records violations and settle the cases. One law firm was even requiring quotas of its employees and an investigation is ongoing. Some landscape architecture firms have received such public records requests. These bills clarify the point of contact for public records requests and will contain conditions that must be met before attorney’s fees can be awarded in a case. HB 163 received three committee references and has passed its first committee. SB 224 received three committee references and will be heard in its second committee next week.

Engineers

HB 217 by Representative Van Zant; SB 338 by Senator Altman

These bills create a structural engineer designation. They do not appear to be problematic to landscape architects but will be watched closely. HB 217 passed its second and last committee this week. SB 338 received three committee references and has not received a hearing.

Water Conservation

HB 605 by Representative Porter; No Senate companion

This bill authorizes local governments to adopt certain residential and non-residential landscape irrigation conservation measures. It authorizes water management district governing boards and the DEP to issue water shortage notices in public information releases and to post such notices on the District’s or DEP’s website. It also directs water management district governing boards in affected and adjacent counties to issue certain orders and provide certain notices when emergency conditions exist due to a water shortage.

2015 Session Dates

March 3, 2015 First Day of Legislative Session

May 1, 2015 Last Day of Legislative Session

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