The latest causality of this past Florida legislative session is Senate Bill 2080. SB 2080 was introduced by Sen. Carey Baker, Eustis, and Sen. J.D. Alexander of Winter Haven. This bill (SB 2080)would have allowed Florida homeowners who were regulated by deed-restrictions to plant a “Florida Friendly” landscape even though they were prohibited by the laws of the home owners association.
Watering of lawns and landscaping in Florida is the single largest use of water from our municipal water supplies. Home owners associations can have strict requirements, usually promoting sod (i.e. St. Augustine grass) and other water thirsty plants. A “Florida Friendly” yard would consist of plants that can withstand drought for long periods of time and require little irrigation or fertilizer. Residents could forgo grass altogether and adopt a landscape that would be low in maintenance and attract wildlife.
Supporters of this bill (i.e. Audubon of Florida, Take Action for Manatees, St. John’s Riverkeepers, and Change.org) were never expecting to ask their members to call Governor Crist and ask him to VETO the bill. Now all are begging the Governor to throw the bill out because attached to it is an amendment that was added to the bill when it was traveling between the House and the Senate. This amendment would give power to the executive directors of Florida’s five water-management districts to approve water-use permits for large projects and developments. As it stands now, the the water-management governing boards, in public hearings, have the authority over those permits, allowing public opinion to be factored in. If SB 2080 was to pass as it is now, with the amendment included, the public would have little, if nothing to say about the water-use permits.
Another bill is Senate Bill 360, The Community Renewal Act. This bill is a growth management bill that was meant to encourage growth in existing “dense urban areas” by easing up on development restrictions in urban areas. Now, amendments that were added to SB 360 would allow land use changes to occur by way of comprehensive plan amendments without the detailed oversight of the Department of Community Affairs (DCA). DCA’s oversight is a key component of growth management in Florida, and without having the agency’s input could prove detrimental for Florida’s environment.
Last year, CS/HB 7059– Sea-grass legislation – also found itself in the same position. Where it should have created legislation that would have penalties for sea-grass scarring in aquatic preserves penalizing boaters with $1,000 fines if they damaged sea-grass beds with their boat propellers, it was saddled with language that would allow developers and other private companies to damage or destroy fragile sea-grass in one location, provided they contributed money to support sea-grass restoration in another location.
The list of examples like the ones above go on and on. Quite often, these amendments are put in at the last minute and in the wee hours of the morning – without prior warning or public input. The biggest example of “back-room” politics was this year’s Environmental Control Bill, HB 1219, otherwise known as the “off-shore drilling bill”. Representative Cannon, Orlando, added off-shore drilling as an amendment to this bill at the last minute and within an hour an a half, the bill was voted on – and passed.
This is why good things go bad in the legislative process. Our legislators are supposed to be the voice of the people. But the question remains, “How can they be our voice when they work in ways that exclude the people from the process.
Because of our legislative process, it is sometimes necessary to throw the baby out with the bath water in the hopes of starting over again next year. Which is okay if you have the time. But most issues that need legislation to solve a problem are void of time.
Senator Detert, Sarasota, recently cited a bill that required pavements to be sloped for wheel chair access. “It was a bill that nobody disagreed with and yet it took years for it to be passed.”
I can point out that some feel there are befits to this process. If someone wants to sink a bad bill, they way to go about it is to add so many amendments to it that it has no chance of passing. The minority party often keeps that maneuver in their back pocket. But the truth is, there has to be a better way. The issues that involve saving the environment are time sensitive. Animals, plants, and bodies of water are dieing off. We don’t have the time on our side for this type of shenanigans.
If I can suggest anything to be considered for the next legislative session, it is for someone introduce a bill that will prohibit the last minute amendments that weigh down an otherwise successful piece of legislation. Someone in both the House and the Senate has to rise up to the occasion and champion these causes with the power to see a good bill go through. If a good conscience isn’t enough, then a better system has to be put into place.
For more information on “Florida Friendly” gardens you can go to Florida Yards
REF: HB 1219
Yes, I did note in my article that the adding of amendments is also a way to kill a “bad” bill.My frustration is that even bills with “common sense” seem to be weighed down to often in a “free-for-all.”I guess my question is: “How does the Sponsor of the bill prevent “bad” amendments being added to the bill?” I haven’t seen that done before. In fact, the sponsor of SB 2080 admitted at one point to have been unaware of the amendments that were added.