Legislators work to silence citizens on development issues

The Florida Legislature is now in session. What could possibly go wrong?

In fact, the sheer number of bad bills filed this year is stunning. Many involve attempts to push more “sprawl” through the pipeline with less public oversight. There are bills that seek to intimidate local government officials and make them reluctant to enforce their own regulations (House Bill 105/Senate Bill 588) and bills that preempt all authority to regulate wetlands, pollution control and water quality to the state (HB 479/SB 718).

But the worst of the worst may be the bills that try to cut the public out of the decision-making process. These bills contain provisions stipulating that if a development plan meets certain criteria, it can or must be approved “administratively” — meaning, by administrative staff or public officials. In other words, no public hearing; no public input.

The worst of these bills is SB 299/SB 354, “Blue Ribbon Projects,” which would allow projects of 10,000 acres or more to be approved with zero public input.

Think about that: Some massive development is going to be built right down the street from you — and your opinion doesn’t matter. You can just zip it because you won’t get any chance to voice your concerns or objections.

Another pair of bills would do the same for projects in “agricultural enclaves” (HB 691/SB 686). And a third set of bills (HB 399/SB 208) would have done the same for infill development; but earlier this week, a strike-all amendment gutted SB 208 after bill sponsor Sen. Stan McClain said key stakeholders had come to a compromise. The Senate Judiciary Committee then approved the reworked bill.

House Bill 399 has not been amended. But obviously it — and all the other bills listed above — need to be.

Usually, attempts to sidestep the public are justified by the supposed need for efficiency. We've also noticed more legislators and developers invoking "affordable housing," too, as in: We'd have more affordable housing if the public would just sit down and shut up!

Sounds like a bunch of Bullsugar to us.

And we promise you there’ll be multiple opportunities for you to make your voice heard on this and other legislation as the session progresses. Tallahassee may want you to zip it — but we’re counting on you to do the opposite.

For more on legislation filed this year, check out the pre-session report published by our friends at Friends of the Everglades, and watch the recording of Monday’s livestream legislative preview featuring Gil Smart, Friends Policy Director (and VoteWater Executive Director) and Eve Samples, Friends Executive Director.

Alligator Alcatraz update: Did Florida fail to disclose deal with feds?

Interesting new development in the federal case to shut down “Alligator Alcatraz” over the lack of environmental oversight:

Last week plaintiffs Friends of the Everglades and the Center for Biological Diversity filed a new motion with the appeals court, claiming that Florida and federal officials withheld evidence that the Department of Homeland Security had agreed to reimburse the state for some of the costs incurred by the detention facility.

As reported by ABC News:

The new evidence — emails and documents obtained through a public records request — shows that officials had discussed federal reimbursement in June, and that the Federal Emergency Management Agency confirmed in early August that it had received from state officials a grant application. Florida was notified in late September that FEMA had approved $608 million in federal funding to support the center's construction and operation.

“We now know that the federal and state government had records confirming that they closely partnered on this facility from the beginning but failed to disclose them to the district court,” said Tania Galloni, one of the attorneys for the environmental groups.

Indeed, that’s been a pillar of the state’s position — the claim that Florida hadn’t gotten federal funding, so it didn’t have to comply with federal law requiring a National Environmental Policy Act review prior to building.

Perhaps Florida Attorney General James Uthmeier and others behind the Alligator Alcatraz debacle just forgot. Or they thought it wasn’t important. Or maybe they don’t care. We’re hoping the court does.

Oral arguments are scheduled for the week of April 6 before the Eleventh Circuit Court of Appeals. Check out Friends of the Everglades’ “Stop Alligator Alcatraz” hub for updates and more.

The People 1, Developers 0... for now

When you talk about a piece of land that SHOULDN’T be developed, it would be hard to beat the South Naples Citrus Company property in Collier County.

The 169-acre parcel, currently zoned for agriculture, is right at the edge of the Picayune Strand State Forest, and it's the last privately-owned site along Sabal Palm Road before it turns to gravel. It’s prime panther habitat in the Florida Wildlife Corridor, and the area experiences frequent burns, along with flooding.

The land, notes Audubon Western Everglades, “is part of a regional mosaic mix of wetlands, flowways, farms, and endangered species habitats for panthers, wood storks and red-cockaded woodpeckers.”

So of course, there’s a plan to develop the site. And in Florida that’s usually enough to guarantee that it WILL be developed, as elected officials roll over.

But something amazing happened in Collier County this past Tuesday: Commissioners DIDN’T roll over.

After a six-hour hearing in which dozens of local opponents blasted the plan to build 423 homes, two commissioners — Burt Saunders and Chris Hall — said they would NOT vote to approve the rezoning.

“After it became apparent that approval would not happen,” reported WGCU, “the board passed a motion to continue the item. Commissioners urged the land owner and opponents to meet, and try to find another solution. One suggestion: find some way to buy the property as a wildlife and natural preserve.”

So, 2 things:

1. This isn’t over, it’s been “continued.” But thanks to Saunders and Hall for stepping up.
2. This is a huge win for the community and for the conservation cause in general. And it shows what can happen when people band together, get the attention of elected officials and make enough noise to convince those elected officials to do the right thing.

This is how things SHOULD work in Florida. And it will be, when people stand up — and we get more elected officials who'll actually listen.

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