National Audubon Society

Dear friend,

The 2018 Legislative Session ran into overtime, with both chambers finally passing the budget today. During the “cooling off period”—the 72 hours the two chambers must wait between agreeing on a budget and passing it— amendments to other substantive bills were flying. Audubon alerts this past week raised the alarm on several bad amendments that would be harmful to natural resources and good governance. Thanks to advocates like you, those were withdrawn or their underlying bills failed to pass.

Also because of the hard work of Audubon staff, advocates and partners, we secured $100.8 million in Florida Forever funding (including $5.8 million for Rural and Family Lands Protection Program), $248 million for Everglades restoration and protection, $50 million for springs protection, and more. While a lot of legislators helped move this funding along, much of this success is a direct result of Senate Appropriations Chair Rob Bradley's dedication. Thank you, Sen. Bradley.

Read on in our special end-of-session edition of the Audubon Advocate for this year’s successes as well as some of the challenges we face due to legislation that passed—and where we go from here.

I'd like to extend a heartfelt thanks to all our advocates for your lightning-quick responses when we called for your support. Thanks to Audubon’s extended legislative team including Diana Ferguson, Sean Cooley, Charles Lee, Celeste De Palma, Chris Farrell and Julie Hill-Gabriel for their skill and dedication. And thanks to our colleagues in the broader conservation community for all your teamwork this session. It was a challenging year, but we rose to the challenge because that’s what Audubon does… and Florida deserves no less.

Sincerely,

Julie Wraithmell
Interim Executive Director

Yellow Warbler

Legislature Appropriates Increased Funding for Conservation

Florida Forever

While bills in the House and the Senate that proposed future funding for Florida Forever failed to pass, the most important thing—funding in the coming fiscal year—was wrestled across the finish line by budget conferees. When the dust cleared, the Legislature appropriated $100.8 million for the constellation of programs that comprise Florida Forever, including:

$77 million for environmentally endangered lands (like state parks, wildlife management areas and state forests),
$5.8 million for Rural and Family Lands easements,
$10 million for Florida Communities Trust,
$2 million for Working Waterfronts, and
$6 million for FRDAP and children’s park amenities.

This is an important increase from last year’s meager land conservation funding and it is no coincidence the final number is the same $100 million Senate Appropriations Chair Rob Bradley advocated all session long.

America's Everglades

Continuing the state’s commitment to restoring and protecting America's Everglades, the Florida Legislature appropriated $248.1 million for the coming year, including:

$111.1 million for implementation of the Comprehensive Everglades Restoration Plan (CERP),
$64 million for the Everglades Agricultural Area (EAA) reservoir (authorized in 2017’s SB10 by Senate President Joe Negron),
$32 million for the state’s restoration strategies plan for water quality improvement in the Everglades,
$31 million for northern Everglades projects,
$5 million for agricultural nutrient reduction, and
$5 million for dispersed water storage.

With a number of CERP projects already in the construction phase, restoration success depends on strong and sustained appropriations to get projects from start to finish in a timely manner. Audubon is grateful for the state’s renewed commitment to America’s River of Grass.

Springs Protection

Both chambers agreed on $50 million for the coming year for springs protection and restoration. These funds are an important opportunity to not just undertake water quality protection projects, but also acquire strategic parcels or easements in vulnerable springsheds.

Hooded Merganser | Photo: Kristen Nicholas

Bill Authorizing State to Assume Federal Clean Water Act Permitting Headed to Governor

Despite broad opposition from the conservation community, Senate Bill 1402 by Sen. Simmons passed the House and Senate and is expected to receive the Governor’s signature. This bill was one of the top priorities for Florida’s Department of Environmental Protection (DEP) as well as legislative leadership. Audubon and others raised concerns about the lack of detail available for the Legislature to evaluate the proposal as well as the ability of DEP to assume this complex permitting program without any additional staff. Now DEP will negotiate agreements with the federal Environmental Protection Agency (EPA), Army Corps of Engineers, and U.S. Fish and Wildlife Service and undertake rulemaking to adopt the necessary federal rules. Only then will the state be able to apply to assume Section 404 permitting. While we are disappointed this bill passed so handily, we also recognize that the public comment processes on the agreements and rulemaking will be essential to ensuring Florida’s wetlands receive adequate protection. Stay tuned for opportunities in this process to lend your voice to Florida’s swamps, seeps, lakes and wet prairies, and all the creatures who depend upon them!

You Did It! Audubon Advocates Succeed in Fending Off Bad Amendments

Springs and Septic: When Rep. Blaise Ingoglia introduced an amendment that would permanently delay much-needed high-performance septic tanks to protect vulnerable springs, you came to the rescue! In a matter of hours, 3,000 advocates reached out to their representatives about this bad amendment, and under pressure, Rep. Ingoglia withdrew the amendment.

Growth Management: This last week, Rep. Matt Caldwell offered an amendment to House Bill 883 that would have punched holes in counties’ growth management protections for rural areas and the habitats they contain. Audubon advocates were swift to reach out to their representatives, who heard them loud and clear: Growth management is essential to preserving our state. The amendment was adopted, but thankfully the underlying bill failed to pass before session ended.

The Voice of the Little Guy: Earlier this session, as a result of significant concerns from Audubon and others, Rep. Matt Caldwell withdrew bad amendment language that would have had a chilling effect on citizens’ ability to question agency decisions. Unfortunately, this week, similar language reappeared in an amendment to HB 883 by Sen. Brandes and Audubon advocates sprang into action, each contacting their state senator and representative. Again, the amendment was withdrawn. Ultimately, time ran out for this bill, and it failed to pass before session ended- dragged down in part by the opposition voiced to this amendment.

Barred Owl | Photo: Clancey Deel

Legislation Impacting Local Tree Protections Fail to Pass Senate

House Bill 521 passed the House and was sent to the Senate on Monday. When filed, the language in HB 521 was strongly opposed by Audubon. As a result of input from Audubon and others, Rep. Katie Edwards-Walpole made major improvements to the House version—we are grateful. A similar bill in the Senate, Senate Bill 574, was heard on first reading, but ultimately the Senate did not pass either its or the House version.

Carolina Chickadee | Photo: Lyndi Harris

Fracking Ban Fails to Pass Senate, Refused Even Committee Hearing in House

In a last-ditch effort, Senator Farmer filed amendments to the environmental regulation package (HB 1149/SB 1308) that would have revived a fracking ban in this final week of the lawmaking session. Unfortunately, these amendments were withdrawn. The stand-alone fracking bills, SB 462 by Senator Young and HB 237 by Representative Peters, failed to advance this session. SB 462 passed two of its three committees in the Senate, but HB 237 never received a hearing in the House. A champion of safe renewable energy, Audubon Florida remains opposed to fracking and supports efforts to ban fracking.

Reddish Egret | Photo: Melissa James

Key Everglades Reservoir Advances to Federal Government for Review With Strong Support of State Dept. of Environmental Protection

On Monday, a Secretarial order was signed by Florida Department of Environmental Protection Secretary Noah Valenstein related to the Everglades Agricultural Area (EAA) Reservoir. This project was the subject of Senate Bill 10 (2017), Audubon's top legislative priority last year. During the development of the project, which occurred on a speedy timeframe in line with SB 10 (2017), uncertainty about water quality impacts became a central issue. The order clearly states that the reservoir project will be operated to ensure water quality standards are met and lays out options for additional water treatment measures if needed. Read Audubon's statement on the Secretarial order.

On Thursday, the South Florida Water Management District Governing Board voted unanimously to submit the EAA Reservoir Plan to the U.S. Army Corps of Engineers for federal review, marking a major step forward in the project review process. Audubon Florida is ready to join the District and allies in Washington D.C. to get the EAA Reservoir project congressionally authorized and get shovels in the ground!

Tricolored Heron (Roseate Spoonbill in background) | Photo: Jeremy Squire

Audubon Celebrates Agreement to Save ARM Loxahatchee National Wildlife Refuge

After more than 60,000 advocates spoke out, South Florida Water Management District Executive Director Ernie Marks announced last Thursday that the District recently signed a new lease agreement on the Arthur R. Marshall Loxahatchee National Wildlife Refuge, allowing the U.S. Fish and Wildlife Service to continue managing this resource for wildlife.

“[This] announcement marks a new chapter in the life of the ARM Loxahatchee National Wildlife Refuge,” said Celeste De Palma, Director of Everglades Policy for Audubon Florida. “This signals a renewed readiness to work in partnership to attack the real threat to the Refuge: invasive species.”

Read the full statement from Audubon Florida

Florida Scrub-Jay | Tamar Boorstin

Audubon & Partners Keep Harmful Highway Away From Preserve

The Central Florida Expressway Authority, a recently created roadbuilding agency overseeing toll roads in the counties surrounding Orlando, made some good decisions this week that will further the protection of natural areas. The decisions follow months-long advocacy by Audubon Florida, local Audubon chapters, and other conservation organizations.

The agency voted to shelve further planning for the “Southport Connector” expressway, earlier proposed by Osceola County to connect Poinciana with the Florida Turnpike. The new road would have run just south of Lake Tohopekaliga, passing perilously close to the Disney Wilderness Preserve. Its proximity could have limited the preserve’s prescribed fire management necessary to keep its habitats healthy. The Southport Connector would also cut through Southport Ranch, private land protected for wildlife through conservation easements.

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