|  Key Issues During the 2020 Legislative Session
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The 2020 Legislative Session will begin its 60-day march on Tuesday, January 14th. While the Legislature is expected to consider quite a few major policy issues, protection of Florida's natural resources will again be a priority. Several environmental issues will be front and center, including water-quality improvements, Florida coastline protection, and contaminated site cleanup. This article highlights issues clients should be aware of during the upcoming session.
Since taking office, Governor DeSantis has emphasized environmental protection through recommending and approving record funding ($2.5 billion over four-years) for Everglades restoration and the protection of water resources. His recommended fiscal year 2020-2021 budget, announced on November 18, 2019, includes $625 million for projects such as Everglades restoration, water-quality improvements and springs restoration. The Legislature will consider the Governor's recommendations as they craft and approve their final budget during session.
Governor DeSantis
announced proposed legislation for the upcoming session based on the recommendations of the Blue-Green Algae Task Force, which the Governor created shortly after taking office to help the Department of Environmental Protection (DEP) protect, conserve and manage the state's natural resources. The proposed legislation is incorporated in Senator Debbie Mayfield's
Senate Bill 712, known as the "Clean Waterways Act" and addresses (1) wastewater infrastructure and sanitary sewer overflows, (2) biosolids, (3) septic systems, (4) agriculture, and (5) stormwater.
Other environment and land development issues of note this session include:
- A continued push to ban high-pressure well stimulation or matrix acidization or "fracking";
- Allowing potential brownfield sites owned by the state or a local government which are impacted by per- and polyfluoroalkyl substances (PFAS) to participate in a brownfield site rehabilitation agreement;
- Attempting to stop the legislature from diverting money from the Sadowski Housing Trust Fund to other budgetary needs. (As the state's housing crisis continues to worsen, these monies are critical to adequately address current and future housing needs.)
- Addressing the use of impact fees by local governments; and
- Requiring a local government's comprehensive plan to include a property rights element.
Please click on the subject area of interest below for a comprehensive listing of related bills that have been filed as of this writing. The listing of these bills should not be interpreted as any indication that they will pass into law. The likelihood of a bill's passage is dependent upon any number of factors and is difficult to predict with certainty.
The members of our Land Development, Zoning & Environmental Practice Group and our Director of Government Affairs have extensive experience advising clients on the impact new regulations will have on their business interests as well as advocating before the legislative and executive branches of state government. For more information, please
contact us.
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LEGAL UPDATE
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Eleventh Circuit Holds that the Army Corps of Engineers Only Needs to Analyze Environmental Impacts that are Connected with Issued Permits
Mosaic sought permits from the Army Corps of Engineers ("Corps") to discharge dredged and fill materials into waterways for four of its mining projects. The Center for Biological Diversity brought suit against the Corps, arguing that the Corps should not have issued the permits because the Corps did not adequately account for a number of environmental impacts. On appeal, the Eleventh Circuit found that the Corps adequately analyzed impacts because the Corps was only required to analyze environmental impacts that were directly related to the issuance of the permits.
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Third DCA Holds that Plaintiff's Deposition Testimony is Not Sufficient Evidence to Establish a Change in Property Value
The owners of beachfront property brought suit against their neighbor because the neighbor made modifications to his property that negatively impacted the value of surrounding properties. The Third District Court of Appeals held that the deposition testimony by the neighbor that brought suit was not sufficient to establish whether the value of the surrounding property had in fact changed.
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Southern District Holds that Plaintiff Can Acquire Property Interest in a Permit That a Local Government Has Not (Yet) Issued
The City of Miami (City) refused to issue a building permit to a partnership that formed in order to develop a gambling facility because of a change in the law. The City, however, took actions that indicated that the partnership could develop its gambling facility. The court held that a person can acquire a property interest in a permit prior to a local government issuing a permit if that person can show that he or she (1) relied in good faith; (2) relied upon some act or omission of the government, and (3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right acquired.
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Fifth DCA Holds a Local Government Can Only Exercise Power in a Zoning Hearing that is Expressly Granted by its Land Development Code
Lake County's Board of County Commissioners ("BOCC") approved a zoning application that included setback waivers. The Fifth District Court of Appeals reviewed the local government's Land Development Regulations and determined that those regulations did not grant the BOCC the authority to approve setbacks and waivers. The appellate court overturned the decision of the BOCC.
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First DCA Rules Against Environmental Groups in Land Acquisition Trust Fund Litigation
This case involves the Land Acquisition Trust Fund ("LATF") established by Section 28 of Article X ("Art. X") of the Florida Constitution, which was created by a widely popular voter-initiated ballot measure. A number of environmental groups brought suit against state level public and elected officials for their use of money from the LATF. The First District Court of Appeals ruled that the elected officials' use of the money was appropriate and that the language of Art. X did not preclude the State's use of LATF monies on land already in the State's possession.
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The Eleventh Circuit Holds Koontz Takings Analysis Does Not Apply When Petitioner Claims Government Violated Substantive Due Process Rights
Hillcrest Property brought suit against Pasco County because Pasco County required Hillcrest to dedicate a portion of its property for future right-of-way use. Hillcrest argued that Pasco County imposed an unconstitutional condition in the taking of Hillcrest's property, which was expressly prohibited under Koontz v. St. Johns River Water Management District. The Eleventh Circuit found against Hillcrest ruling that the principle laid out in Koontz only applied to rights expressly enumerated in the Constitution.
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TEAM MEMBER SPOTLIGHT
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Jessica M. Icerman
Attorney, Tampa
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About Jessica:
Jessica Icerman is an attorney in the Land Development, Zoning, Environmental & Government Affairs group. Prior to joining the firm, Jessica served as an Assistant County Attorney in the Leon County Attorney's Office. In this role, she represented the county with a focus on land use, code enforcement and local government law. She also served as an advisor for several county departments and divisions, including Development Services Division, Environmental Services Division, Code and Permit Services, Planning Department, and County administration. She also was an associate in private practice and was a law clerk in the City of Tallahassee City Attorney's Office.
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QUALIFIED OPPORTUNITY ZONES
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EXECUTIVE ORDER PERMIT EXTENSION TRACKER
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RECENT NEWS
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MEET THE TEAM
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*Abbye Feeley, Ken Metcalf, Michael Paparesta, Marco Paredes, Chris Smith, and David Smith are not attorneys and are not authorized to practice law.
Abbye, Ken, and David are highly experienced planners. Ken is AICP certified.
Chris is a highly experienced GIS analyst.
Michael is a highly experienced real estate analyst.
Marco is a highly experienced government affairs professional.
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Special thanks to Christopher Berg who assisted in the drafting of this edition. Christopher is a third year Juris Doctor Candidate at the Florida State University College of Law.
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