Two Proposals by Developers Threaten Florida's Water and Critical Wildlife Habitat

The Association of Florida Community Developers, claiming to represent 52 major development companies owning over 1.4 million acres of land in Florida, has launched a major attack on Florida's laws protecting water, remaining wildlife habitat, and open space.

This strategic attack on Florida's environmental laws seeks to repeal key protections for Florida's wetlands, springs, rivers and important wildlife habitat. A two-pronged attack is aimed at weakening an important Florida program, that has guided major development projects in Florida since 1972, and invalidating recent decisions by the Florida Department of Environmental Protection, which attempt to reserve at least some water for the natural environment. This effort to reverse the limited progress we have made on growth management and protecting water resources in Florida comes at a time when over 800 people are moving to Florida every day and approximately 200,000 acres of land is taken over by sprawling development every year!

This influential cadre of developers is working both in the legislature and the courts to weaken Florida's growth management and water resource laws.

Highly paid developer lobbyists are asking the legislature to pass legislation that reduces state, regional, and local authority to approve or deny large-scale developments. Senator Mike Bennett's (R-Bradenton) SB 1174 and HB 1205 by Representative Mike Davis (R-Naples) would radically overhaul the Development of Regional Impacts (DRI) process, the means by which large development projects are reviewed and approved in Florida.

This legislation would allow large-scale developments to forgo the DRI process. It would also limit the kinds of issues that can be raised during the review process, eliminate the ability of local governments to require that future changes to approved DRI's be consistent with future amendments to local comprehensive plans, and exempt marinas from recently developed master planning requirements that, among other provisions, protect seagrass beds and fisheries vital to our economy.

Drafted by the Association of Florida Community Developers, which includes as its members the state's largest developers, these bills would significantly reduce the number of DRI reviews. Instead of residential DRI review thresholds based on the population of each county, the bills call for a 'one-size-fits-all' approach.

The increased DRI threshold combined with a small county population size would allow many developments within Florida's smaller counties to escape the DRI process. Those counties with the smallest or sometimes no planning staff would only start reviewing massive development projects.

Developers' Attack on Water Resources

While striving to tear apart the process that governs land use decisions for large developments, the Association of Florida Community Developers is also attempting to knock out key decisions made to protect Florida's water resources.  In February 2004, Florida's Department of Environmental Protection gave notice of its intent to adopt a proposed rule establishing greater protection for the water resources needed to sustain Florida's ecosystems. The rule would "reserve" water needed to achieve the restoration of natural systems (such as the Everglades), protect flows or levels of water that support natural systems, and protect water resources for areas designated as "Outstanding Florida Waters", parks and Aquatic Preserves.  The Developers' Association has filed a lawsuit in attempt to block DEP from adopting this Audubon supported rule, and it has now turned to the Legislature in an attempt to get a stealth amendment attached to a bill effectively blocking this "Reservations Rule". During the week of March 15-19 we discovered an effort to add an amendment to an otherwise good bill by Rep. Machek (HB 855) that would interfere with reservations. Though the amendment was never formally offered after the bill's sponsors were alerted, it serves as a warning of things to come in the remaining days of the 2004 legislative session.

Water Reservations for Natural Systems

Since 1972 Florida's most basic legislation protecting water resources has included provisions to protect natural systems, such as our estuaries, fish and wildlife habitat, and the flow of springs. The methods in the law to establish such protections include establishment of "minimum flows and levels" and the adoption by rule of "Reservations" to protect enough water for nature.

Florida's Department of Environmental Protection governs the activities of the state's 5 Water Management Districts to assure consistency acts through a "Water Policy Rule", Chapter 62-40, Florida Administrative Code.

In late February, 2004 DEP has refined this rule to assure better protection of natural systems, and in effort to include language required by the federal government as an obligation of the State of Florida under the federal legislation authorizing the Comprehensive Everglades Restoration Plan (CERP).
 
The rule provides that "...water may be reserved...from use by permit applicants (developers)...in such locations and quantities and for such seasons of the year, including water to:

• Achieve protection of natural systems
• Protect flows or levels, which support natural systems before demands for water increase
• Protect water resources within an Outstanding Florida Water, an Aquatic Preserve, a state park, or other publicly owned conservation land
• Aid in a recovery or prevention strategy for a water resource with an established minimum flow or level
• Manage water for public works projects such as the Comprehensive Everglades Restoration Plan
• Achieve other purposes...(which) may be required for the protection of fish and wildlife or public health and safety..."

On March 15th, the Association of Florida Community Developers filed litigation asking the Division of Administrative Hearings to find the rule invalid. At the same time, developers lobbyists for the Association began seeking legislative support for a stealth amendment to block the rule.

Join Audubon of Florida and our allies in protecting our state from this assault.