SB 738 by Sen. Danny Burgess thankfully followed the lead of the House companion, HB 789, this week by eliminating the provision to add the prevailing parties attorney’s fees up to $50,000 for citizen challenges to the Florida Department of Environmental Protection (DEP) and Water Management District actions. These provisions merit being taken out of the bill for their threats to citizen engagement alone, but another key reason they were scrutinized is that they may have violated an agreement Florida entered into with the U.S. Environmental Protection Agency when the state assumed wetland permitting authority a few years ago. The agreement required fair access to the legal process, something that would have been greatly restricted by the provisions in these bills.
Unfortunately, SB 738 contains another troubling provision the House bill does not — it orders DEP to “increase efficiency” on issuing coastal development permits. This order could weaken environmental protections by putting pressure on permit review staff to approve complicated permits without the requisite time for a proper evaluation of potential environmental damage.
"Our coastal systems deserve appropriate and adequate reviews to ensure that they continue to provide their important storm resilience function," said SCCF Policy Associate Holly Schwartz. "Our coasts also face increasing threats from sea level rise, and this bill runs contrary to the millions of dollars our state and local governments have invested in our coasts to protect the people and wildlife that rely on them for environmental and economic support."
SB 738 passed by a vote of 7-2 and advances to its third and final committee, Senate Fiscal Policy, next.
