Sierra Club Florida News

Lawsuit Filed to Protect Big Cypress and FL Panthers from Off-road Vehicles

2013-05-16T16:50:00.001-04:00

For Immediate Release, May 15, 2013

Contact:

Jaclyn Lopez, Center for Biological Diversity, (727) 490-9190, jlopez@biologicaldiversity.org
Alexis Meyer, Sierra Club, (727) 490-8215, alexis.meyer@sierraclub.org
Matthew Schwartz, South Florida Wildlands Association, (954) 993-5351, southfloridawild@yahoo.com
Sarah Peters, Wildlands CPR, (541) 345-0299, sarah@wildlandscpr.org
Brian Scherf, scherfb@bellsouth.net

Lawsuit Filed to Protect Big Cypress and Florida Panthers From Off-road Vehicles

FORT MYERS, Fla.— In an effort to reduce damaging off-road vehicle use in Big Cypress National Preserve, conservation groups filed a lawsuit today against the National Park Service for failing to protect Florida panthers and other imperiled species. The suit asserts that the Park Service violated the Endangered Species Act as well as the preserve's own Off-Road Vehicle Management Plan by designating hundreds of miles of new trails for off-road vehicle use across two units of the preserve.

“Big Cypress is prime habitat for the Florida panther, and protection of big open spaces where animals like panthers can roam undisturbed is the primary purpose of the preserve,” said Jaclyn Lopez, a Florida attorney with the Center for Biological Diversity. “As Floridians, we have an obligation to keep places like this protected for our wildlife.”

The 720,000 acre Big Cypress National Preserve, located just north of the Everglades National Park, was established by Congress as the first national preserve in our nation's history to protect the natural, scenic, hydrologic, floral, faunal and recreational values of the watershed, including panthers. To that end, Congress stressed that public use would come second to maintaining this fragile and unique natural landscape.

In July 2012, a federal judge ruled that the Park Service’s major expansion of ORV trails in the preserve’s Bear Island Unit violated environmental laws and the Park Service’s management plan for ORVs in the preserve, and set aside the unauthorized increase in trails. This litigation would secure similar protections for endangered and threatened species such as the Florida panther and eastern indigo snake, as well as fragile wetlands and rare and endemic plants in the Corn Dance and Turner River units.

“Big Cypress is one of the most important sanctuaries for Florida panthers.” said Alexis Meyer, Sierra Club’s associate organizing representative. “The addition of hundreds of miles of trails for motorized recreational vehicles not only poses a threat to panthers, but also degrades the habitat of many plant and animal species.”

“NPS acknowledges that off-road vehicle use in the Big Cypress is a high-impact recreational activity which damages soils and plants, changes hydrology, leads to the spread of invasive plant species, fragments habitat, disturbs wildlife, and degrades the experience of the preserve for the many non-motorized visitors,” said Matthew Schwartz of the South Florida Wildlands Association. “The purpose of the preserve's Off-Road Vehicle Management Plan is to allow for continued motorized recreational use in the preserve — but only on a specified mileage of designated trails."

“With the opening of these trails in Big Cypress, the Park Service has failed to protect valuable and sensitive resources of the preserve from off-road vehicle damage, failed to appropriately involve the public in its management decisions, and failed to comply with the preserve’s management direction.” said Sarah Peters, a staff attorney with Wildlands CPR.

The Park Service issued the ORV plan in 2000 following years of advocacy by environmentalists for transition from dispersed use — which had created 23,000 miles of trails throughout the preserve — to a sustainable system of designated trails. The plan drastically reduced the extensive network of trails that had been created. But in defiance of that plan, the Park Service has now increased the miles of trails where ORVs may go in the Corn Dance and Turner River units by nearly 100 percent and 60 percent respectively.

The conservation groups are represented by the Washington, D.C. public interest environmental law firm Meyer Glitzenstein & Crystal.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 500,000 members and online activists dedicated to the protection of endangered species and wild places.

The Sierra Club is America’s largest and most influential grassroots environmental organization with more than 2.1 million members and supporters nationwide. In addition to creating opportunities for people of all ages, levels and locations to have meaningful outdoor experiences, the Sierra Club works to safeguard the health of our communities, protect wildlife, and preserve our remaining wild places.

South Florida Wildlands Association is a Florida nonprofit organization dedicated to the protection of habitat and wilderness in the Greater Everglades.

Wildlands CPR is a national nonprofit that revives and protects wild places by promoting watershed restoration to improve fish and wildlife habitat, provide clean water and enhance community economies. We focus on reclaiming ecologically damaging, unneeded roads and on stopping off-road vehicle abuse of public lands.

Rockledge Protesters Defend Fertilizer Ordinance, Oppose Preemption

2013-05-02T10:15:00.003-04:00

A crowd of over 100 sticker-covered, sign-waving Florida taxpayers rallied in front of Rockledge City Hall on May 1 at a “Stand Up to Big Fertilizer! Stand Up for the Indian River Lagoon” event organized to defend the recently adopted City of Rockledge urban fertilizer ordinance. The ordinance, one of over 50 local government ordinances in the state that include strong fertilizer pollution controls, is threatened by preemption legislation in this last week of the legislative session.

Protesters gathered to send a clear message of support to the Rockledge City Council, which is not only defending its ordinance from the attack on home rule coming from Tallahassee, but was also feeling great pressure from the biggest supporters of preemption, the commercial fertilizer applicators, who want the City Council to weaken the ordinance by giving applicators a free pass to fertilize whenever they want.

Rockledge became ground zero for the statewide fight to protect water resources from urban fertilizer pollution when their own Representative Steve Crisafulli started the preemption attempt a week after the Rockledge ordinance was adopted in March and at about the same time the Indian River Lagoon became national news for the historic number of algae-related manatee deaths. Moreover, the fate of preemption legislation this year is in the hands of area Senator Thad Altman, who has the ability to keep preemption off of his bill, SB 1684, when it comes to the Senate floor for a vote on May 2.

Two Rockledge City Councilmen, Frank T. Forester, and Ted J. Hartselle, Leesa Souto, Executive Director of Marine Resources Council, Laurilee Thompson of Dixie Crossroads (commercial seafood), Marty Baum, Indian Riverkeeper, and Maureen Rupe of the Sierra Club Turtle Coast Group spoke to rally participants before the City Council meeting that began at 6 pm.

Most of the rally participants then flowed into the City Council chambers to support strengthening the local ordinance and to oppose weakening it.

“The best way to kill our lagoon, the fastest way to kill local jobs, is to tie local government hands so they cannot protect them” said Maureen Rupe.

Councilman Forester and Councilman Hartselle both spoke of the dire situation in the Indian River Lagoon and how absolutely necessary it is for Rockledge and other local governments to retain the right to keep strong fertilizer controls in place. Forester stated: “We have to do something. We can’t sit and study it to death and wait and wait and wait”. And the crowd did not hide their gratitude to the councilmen when they urged everyone to keep up the fight; applause, echos and hoots and hollers followed Councilman Hartselle’s “We can do it!”.

Mark Jacobs of Save Our Aquifer said: “We need to stop polluting the lagoon with lawn fertilizers. It is more important to have a healthy lagoon than to have unnaturally green turf grass. Many people I know have healthy turf grass and use no fertilizers; polluting the lagoon with lawn fertilizers is a completely senseless and unnecessary waste.

“The Lagoon here is toxic. To sea grass, manatees, pelicans, and if it’s toxic to them, it may be toxic to us. It is certainly toxic to our quality of life” stated Leesa Souto.

All the speakers urged Senator Thad Altman to save the day and stop preemption.

The Creature from the Black Lagoon made a special appearance at the event to announce he has moved into the Indian River Lagoon, changed his name respectively, and now joins the dead manatees in chasing away the fisherman and tourists.

Among the many signs and stickers denouncing state preemption and supporting the Rockledge ordinance, the most striking visual at the rally had to be the 11-foot long array of photos of the dead manatees killed by toxic algae found in Brevard County over the past months.

VICTORY: At the City Council meeting after the protest, the Rockledge council members voted to keep their ordinance strong, rejecting the opening of the code to exemptions to its strict rainy season rules.

Click on Florida Today, WKMG Local 6 TV, and WESH TV 2 for coverage of the event.

For the Tampa Tribune May 1 Editorial click here.

ALERT: HB 999 / SB 1684 up for Senate Vote on Thursday - CALLS NEEDED NOW

2013-05-01T10:22:00.004-04:00

Please call your Florida Senator today and ask them to vote against SB 1684/ HB 999 which would preempt Hernando County's plans to pass a fertilizer ordinance to clean up harmful algae in the Weeki Wachee spring system.

Hernando looks at fertilizer limits to clean up Weeki Wachee spring system

www.tampabay.com

The county looks at ways to clean up pollution in the Weeki Wachee spring system.

Senate will take up HB 999 / SB 1684 on Thursday!

A contact list for all Senators follows at the bottom of this message. Please call your Senator immediately and urge them to VOTE NO on HB 999 and SB 1684!

Worst provisions of the bill:

(1) Preempts local authority to adopt fertilizer control ordinances that protect water quality (click on more info);

(2) Creates wetland exemptions for drainage districts and jeopardizes over 1 million acres of land and water in Florida;

(3) Ratifies no-bid 30 year sugar leases in the Everglades Agricultural Area, increasing the cost of Everglades restoration and further degrading water quality in the Everglades (The intent of this provision is to stop the Florida Wildlife Federation's legal challenge of the harmful leases);

(4) Expedites natural gas pipeline permit applications;

(5) Limits how the Florida Department of Environmental Protection can test for polluted water discharges;

(6) Prohibits water management districts from reducing permitted water withdrawals where an alternative water source is available;

(7) Restricts how local governments deal with development proposals by limiting how many times additional information can be requested.

Please call your Senators immediately --
Urge them to VOTE NO on HB 999 and SB 1684!


Senators	Local Delegations	Local Phone	Email Address

Sen. Joseph Abruzzo	Palm Beach	(850) 487-5025	abruzzo.joseph.web@flsenate.gov

Sen. Thad Altman	Brevard,Orange,Seminole	(850) 487-5016	altman.thad.web@flsenate.gov

Sen. Aaron Bean	Duval,Nassau	(850) 487-5004	bean.aaron.web@flsenate.gov

Sen. Lizbeth Benacquisto	Charlotte,Lee	(850) 487-5030	benacquisto.lizbeth.web@flsenate.gov

Sen. Rob Bradley	Alachua,Bradford,Clay	(850) 487-5007	bradley.rob.web@flsenate.gov

Sen. Jeff Brandes	Hillsborough,Pinellas	(850) 487-5022	brandes.jeff.web@flsenate.gov

Sen. Oscar Braynon	Broward,Miami-Dade	(850) 487-5036	braynon.oscar.web@flsenate.gov

Sen. Dwight Bullard	Collier,Hendry,Miami-Dade,Monroe	(850) 487-5039	bullard.dwight.web@flsenate.gov

Sen. Jeff Clemens	Palm Beach	(850) 487-5027	clemens.jeff.web@flsenate.gov

Sen. Charles S. Dean	Baker,Citrus,Columbia,Dixie,Gilchrist,Lafayette,Levy,Marion,Suwannee,Union	(850) 487-5005	dean.charles.web@flsenate.gov

Sen. Nancy Detert	Charlotte,Sarasota	(850) 487-5028	detert.nancy.web@flsenate.gov

Sen. Greg Evers	Escambia,Okaloosa,Santa Rosa	(850) 487-5002	evers.greg.web@flsenate.gov

Sen. Anitere Flores	Miami-Dade	(850) 487-5037	flores.anitere.web@flsenate.gov

Sen. Don Gaetz	Bay,Holmes,Jackson,Okaloosa,Walton,Washington	(850) 487-5001	gaetz.don.web@flsenate.gov

Sen. Bill Galvano	Charlotte,DeSoto,Glades,Hardee,Highlands,Hillsborough,Manatee	(850) 487-5026	galvano.bill.web@flsenate.gov

Sen. Rene Garcia	Miami-Dade	(850) 487-5038	garcia.rene.web@flsenate.gov

Sen. Andy Gardiner	Brevard,Orange	(850) 487-5013	gardiner.andy.web@flsenate.gov

Sen. Audrey Gibson	Duval	(850) 487-5009	gibson.audrey.web@flsenate.gov

Sen. Denise Grimsley	Highlands,Martin,Okeechobee,Osceola,Polk,St. Lucie	(850) 487-5021	grimsley.denise.web@flsenate.gov

Sen. Alan Hays	Lake,Marion,Orange,Sumter	(850) 487-5011	hays.alan.web@flsenate.gov

Sen. Dorothy L. Hukill	Lake,Marion,Volusia	(850) 487-5008	hukill.dorothy.web@flsenate.gov

Sen. Arthenia Joyner	Hillsborough,Manatee,Pinellas	(850) 487-5019	joyner.arthenia.web@flsenate.gov

Sen. Jack Latvala	Pinellas	(850) 487-5020	latvala.jack.web@flsenate.gov

Sen. Tom Lee	Hillsborough	(850) 487-5024	lee.tom.web@flsenate.gov

Sen. John Legg	Hillsborough,Pasco	(850) 487-5017	legg.john.web@ flsenate.gov

Sen. Gwen Margolis	Miami-Dade	(850) 487-5035	margolis.gwen.web@flsenate.gov

Sen. Bill Montford	Calhoun,Franklin,Gadsden,Gulf,Hamilton,Jefferson,Leon,Liberty,Madison,Taylor,Wakulla	(850) 487-5003	montford.bill.web@flsenate.gov

Sen. Joe Negron	Indian River,Martin,Palm Beach,St. Lucie	(850) 487-5032	negron.joe.web@flsenate.gov

Sen. Miguel Diaz de la Portilla	Miami-Dade	(850) 487-5040	portilla.miguel.web@flsenate.gov

Sen. Garrett Richter	Collier,Lee	(850) 487-5023	richter.garrett.web@flsenate.gov

Sen. Jeremy Ring	Broward	(850) 487-5029	ring.jeremy.web@flsenate.gov

Sen. Maria Lorts Sachs	Broward,Palm Beach	(850) 487-5034	sachs.maria.web@flsenate.gov

Sen. David Simmons	Seminole,Volusia	(850) 487-5010	simmons.david.web@flsenate.gov

Sen. Wilton Simpson	Hernando,Pasco,Sumter	(850) 487-5018	simpson.wilton.web@flsenate.gov

Sen. Christopher Smith	Broward	(850) 487-5031	smith.chris.web@flsenate.gov

Sen. Eleanor Sobel	Broward	(850) 487-5033	sobel.eleanor.web@flsenate.gov

Sen. Darren Soto	Orange,Osceola,Polk	(850) 487-5014	soto.darren.web@flsenate.gov

Sen. Kelli Stargel	Orange,Osceola,Polk	(850) 487-5015	stargel.kelli.web@flsenate.gov

Sen. Geraldine F. Thompson	Orange	(850) 487-5012	thompson.geraldine.web@flsenate.gov

Sen. John Thrasher	Flagler,Putnam,St. Johns,Volusia	(850) 487-5006	thrasher.john.web@flsenate.gov

Thank You!

Debbie Matthews
Sierra Club Florida Chapter Chair

Frank Jackalone

Florida Staff Director

To FL State Senators: Oppose the “Florida Fertilizer Regulatory Review Council”

2013-04-26T07:37:00.000-04:00

We, the undersigned, representing 44 Florida businesses, organizations and associations, urge you to oppose the “Florida Fertilizer Regulatory Review Council” amendment language in HB 999 – companion to SB 1684.

For the past six years the fertilizer industry tried to eliminate Florida’s more than 50 local ordinances that put water quality protection controls on lawn fertilizer pollution.

Their efforts failed because legislators on both sides of the aisle understand that urban fertilizer regulation is the only cheap and immediately effective way to staunch the flow of nitrogen and phosphorous into our state’s most at-risk water bodies. Taxpayers and local governments have been adamant that when it comes to protecting their waterfront economic engines from toxic tides and green slime, it is crazy for the legislature to tie their hands.

Once again this year urban fertilizer preemption is threatening our local governments’ ability to protect taxpayers and local businesses: the floor amendment titled “Florida Fertilizer Regulatory Review Council” now a part of HB 999 (companion to SB 1684).

We urge you to remember that there is a very good reason that strong urban fertilizer ordinances are a non-partisan issue and have been adopted all over the state – these ordinances are close to cost-free for local governments and are the only current alternative to expensive taxpayer-funded clean-up projects.

The “Florida Fertilizer Regulatory Review Council” amendment creates a “Council” heavy with fertilizer industry-friendly members intent on implementing a one-size-fits-all model for the entire state; preempts duly elected local governments; and prevents the consideration of the costs (to taxpayers) of inappropriate use of lawn fertilizer.

A one-size-fits-all model for the state is absolutely contrary to the watershed-by-watershed approach that is promoted by the Florida Department of Environmental Protection (FDEP) and would represent the “floor” with regard to the protection of water quality rather than the “ceiling.” Local governments would be left only the weakest pollution controls with no way to make them stronger.

We urge you to vote “NO” on any amendment or bill that would stop or hinder the local regulation of urban fertilizers.

This year has already been a horrible one for Florida in the national press. The manatee and other shore life death tolls have been reported in the New York Times, Wall Street Journal, and the New Yorker. Florida newspapers and television have reported the impacts of toxic algae from Southwest Florida, to the Indian River Lagoon, to the once but no longer renowned springs in Central and North Florida – all during our high tourist season. Prevention is the only cheap way to turn our water quality problems around; please oppose the “Florida Fertilizer Regulatory Review Council” amendment.

Sincerely,

Around the Bend Nature Tours LLC

Karen Fraley, Manager

Holsinger Horticultural Services, Inc.

Michael Holsinger

Corkscrew Swamp Sanctuary

Jason Lauritsen, Sanctuary Director

Hendry Glades Audubon

Margaret England

Solutions To Avoid Red Tide (START)

Sandy Gilbert, Chairman

Ding Darling Wildlife Society

John McCabe, President

South Florida Audubon Society
Grant Campbell, Director of Wildlife Policy

Protect Our Watersheds, Inc.

Helen Jelks King

Putnam County Environmental Council

Karen Chadwick, Board Member

Reef Relief

Millard McCleary, Executive Program Director

The Snook & Gamefish Foundation

Brett Fitzgerald, Managing Director

Withlacoochee Area Residents (W.A.R.), Inc

Dan Hilliard, Director

Sierra Club

Frank Jackalone, Florida Staff Director

Conservancy of Southwest Florida

Jennifer Hecker, Director of Natural Resource Policy

1000 Friends of Florida

Charles Pattison, President

Sanibel Captiva Conservation Foundation

Erick Lindblad, Executive Director

Florida Wildlife Federation

Martha Musgrove, Southern Regional Director

Florida Wildlife Federation

Manley Fuller, President

Loxahatchee Group Sierra Club

Kay Gates/Drew Martin

Earthjustice

Alisa Coe, Attorney

Space Coast Progressive Alliance (SCPA)

Spence Guerin, Member Delegate, Board of Directors

Brevard County Democratic Executive Committee

Beth McMillen, Chair

Center for Earth Jurisprudence

Barry University School of Law

Sister Patricia Siemen, Esq

Florida's Eden

Annie Pais, Executive Director

Beautiful Ponds, Wetland & Preserve Management

Russ Hoffman

Santa Fe Lake Dwellers Association

Jill McGuire

Natural Resources Defense Council (NRDC)

Bradford H. Sewell, Senior Attorney

Coastal Wildlife Club, Inc.

Carol Leonard, Board of Directors

Clean Water Network of FL

Linda Young

Friends of St. Sebastian River

Tim Glover, President

Calusa Group Sierra Club

Rhonda Roff

Marine Resources Council

Leesa Souto, PhD, Executive Director

Friends of the Hillsborough River

Phil Compton

Florida Consumer Action Network

Bill Newton, Executive Director

Miami Group - Sierra Club

Bradley Stark

Florida Native Plant Society

Joan Bausch

Martin County Conservation Alliance

Donna Melzer, Chair

SW FL Audubon Club

Carl Veaux, Chapter President

Coccoloba Chapter of the Florida Native Plant Society

John Sibley, President

Clean Water Action

Kathleen E. Aterno, National Managing Director and Florida Director

Gulf Restoration Network

Matt Rota, Director of Science and Water Policy

Reef Relief Key West

Peter Anderson, President

Peace River Audubon Society

Larry Behrens, President

Caloosahatchee River Citizens Association (Riverwatch)

Wayne Daltry

The Gainesville Sun

2013-04-25T19:51:00.000-04:00

Cris Costello: A threat to local fertilizer ordinances

Published: Wednesday, April 24, 2013 at 5:44 p.m.

Lakeland Ledger

For seven legislative sessions in a row, the pest control and fertilizer industries have tried to eliminate Florida’s more than 50 local ordinances that put strict controls on lawn fertilizer pollution.

In the past six years those industries failed because legislators on both sides of the aisle understand that urban fertilizer regulation is the only cheap and immediately effective way to staunch the flow of nitrogen and phosphorous into our state’s most at-risk water bodies. Taxpayers and local governments made it clear that when it comes to protecting their waterfront economic engines from toxic brown and red tides and green slime, it’s crazy for the legislature to tie their hands.

But they are at it again this year and ground zero isn’t Tallahassee but rather Brevard County where the Indian River Lagoon has now become the poster child for the death and destruction that results from inadequate water quality protection.

You’d think that everyone affected by the loss of fisheries, the dead manatees and shorebirds, and the stain on the Indian River Lagoon’s reputation as a fishing and vacation destination would praise local efforts to control pollution; especially when those efforts are aimed at cost-free prevention rather than expensive taxpayer-funded clean-up projects.

You’d think, but you’d be wrong. It is from around the Indian River Lagoon that we have seen a renewed effort by the pest and fertilizer industries to kill any sort of regulation statewide. And it is the Indian River Lagoon’s own Rep. Steve Crisafulli who started this year’s attempt at preemption of local ordinances. In March, Crisafulli called “stakeholders” together to comment on a piece of draft legislation written by industry lobbyists. This stakeholder group, heavy with industry representatives and lacking even one independent water quality expert, has come up with an amendment that is sure to be added to some bill on the House or Senate floor this week.

This “Florida Fertilizer Regulatory Review Council” amendment creates a “council” packed with pro-fertilizer members intent on implementing a one-size-fits-all model for the entire state, preempts duly elected local governments, and prevents the consideration of the costs (to taxpayers) of inappropriate use of lawn fertilizer.

There is a reason why the industry wants a one-size-fits-all model – it knows that any single statewide rule will represent the “floor” with regard to the protection of water quality rather than the “ceiling.” Local governments will be left only the weakest pollution controls with no way to make them stronger. And even though a one-size-fits-all approach is absolutely contrary to the watershed-by-watershed approach that is promoted by the Florida Department of Environmental Protection (FDEP), that agency has not condemned the amendment’s obvious trajectory.

Who wins? Professional applicators who want the right to apply fertilizer and charge their customers for it, even if it ends up washing down the storm-drain and into everyone’s favorite waterbody.

Who loses? Everyone else: taxpayers; waterfront resorts, restaurants, charter boat captains; fishing and kayaking guides; recreational and commercial fishermen; the real estate industry; and especially homeowners whose property values and quality of life depend on the health of the water resource.

Is one industry so powerful that it can make our elected representatives and the FDEP forget about everyone else? So powerful that it can make them ignore the fact that right this minute the Indian River Lagoon and the algae-choked springs in Central and North Florida are on their deathbeds? Can it make them forget that toxic tides along Southwest Florida are chasing tourists away during high season?

We are in trouble and it is time to act fast. Call your local senators and representatives and urge them to vote “no” on any amendment that would stop the local regulation of urban fertilizers.

Lawn fertilizer’s impact on water quality varies from locality to locality. Urbanized areas with lots of impermeable surfaces speed runoff to local water bodies because water runs downhill. If fertilizer pollution is allowed to get into that runoff, impaired water quality can be the only result.

Florida’s urban communities need to be able to adopt strong ordinances to prevent fertilizer pollution because they’re on the hook for the clean up if it gets into their water. Don’t let your legislators forget that.

Cris Costello is coordinator of Sierra Club Florida’s Slime Crimes Campaign.

http://www.gainesville.com/article/20130424/OPINION/130429777/-1/opinion?p=1&tc=pg

Major Threat to Environment - HB 999 - Adopted by Florida Representatives. CALLS NEEDED to Florida Senators to Stop this Bill.

2013-04-25T18:23:00.000-04:00

Sierra Club Florida ALERT

Senate could take up HB 999 or the
Senate version - SB 1684 - at any time!

On Thursday morning, April 25, the Florida House of Representatives passed by a 92-20 vote HB 999, the most anti-environmental bill of the 2013 Legislative Session.

The fight to stop this bill now moves to the Senate and SB 1684. A contact list for all Senators follows at the bottom of this message. Please call your Senator immediately and urge them to VOTE NO on HB 999 and SB 1684!

Worst provisions of the bill:

(1) Preempts local authority to adopt fertilizer control ordinances that protect water quality (more info);

(2) Creates wetland exemptions for drainage districts and jeopardizes over 1 million acres of land and water in Florida;

(3) Ratifies no-bid 30 year sugar leases in the Everglades Agricultural Area, increasing the cost of Everglades restoration and further degrading water quality in the Everglades (The intent of this provision is to stop the Florida Wildlife Federation's legal challenge of the harmful leases);

(4) Expedites natural gas pipeline permit applications;

(5) Limits how the Florida Department of Environmental Protection can test for polluted water discharges;

(6) Prohibits water management districts from reducing permitted water withdrawals where an alternative water source is available;

(7) Restricts how local governments deal with development proposals by limiting how many times additional information can be requested.

Please call your Senators immediately --
Urge them to VOTE NO on HB 999 and SB 1684!

Members of the Florida Senate 2013


Sen.	Local Delegations	Local Phone	Email Address

Sen. Joseph Abruzzo	Palm Beach	(850) 487-5025	abruzzo.joseph.web@flsenate.gov

Sen. Thad Altman	Brevard,Orange,Seminole	(850) 487-5016	altman.thad.web@flsenate.gov

Sen. Aaron Bean	Duval,Nassau	(850) 487-5004	bean.aaron.web@flsenate.gov

Sen. Lizbeth Benacquisto	Charlotte,Lee	(850) 487-5030	benacquisto.lizbeth.web@flsenate.gov

Sen. Rob Bradley	Alachua,Bradford,Clay	(850) 487-5007	bradley.rob.web@flsenate.gov

Sen. Jeff Brandes	Hillsborough,Pinellas	(850) 487-5022	brandes.jeff.web@flsenate.gov

Sen. Oscar Braynon	Broward,Miami-Dade	(850) 487-5036	braynon.oscar.web@flsenate.gov

Sen. Dwight Bullard	Collier,Hendry,Miami-Dade,Monroe	(850) 487-5039	bullard.dwight.web@flsenate.gov

Sen. Jeff Clemens	Palm Beach	(850) 487-5027	clemens.jeff.web@flsenate.gov

Sen. Charles S. Dean	Baker,Citrus,Columbia,Dixie,Gilchrist,Lafayette,Levy,Marion,Suwannee,Union	(850) 487-5005	dean.charles.web@flsenate.gov

Sen. Nancy Detert	Charlotte,Sarasota	(850) 487-5028	detert.nancy.web@flsenate.gov

Sen. Greg Evers	Escambia,Okaloosa,Santa Rosa	(850) 487-5002	evers.greg.web@flsenate.gov

Sen. Anitere Flores	Miami-Dade	(850) 487-5037	flores.anitere.web@flsenate.gov

Sen. Don Gaetz	Bay,Holmes,Jackson,Okaloosa,Walton,Washington	(850) 487-5001	gaetz.don.web@flsenate.gov

Sen. Bill Galvano	Charlotte,DeSoto,Glades,Hardee,Highlands,Hillsborough,Manatee	(850) 487-5026	galvano.bill.web@flsenate.gov

Sen. Rene Garcia	Miami-Dade	(850) 487-5038	garcia.rene.web@flsenate.gov

Sen. Andy Gardiner	Brevard,Orange	(850) 487-5013	gardiner.andy.web@flsenate.gov

Sen. Audrey Gibson	Duval	(850) 487-5009	gibson.audrey.web@flsenate.gov

Sen. Denise Grimsley	Highlands,Martin,Okeechobee,Osceola,Polk,St. Lucie	(850) 487-5021	grimsley.denise.web@flsenate.gov

Sen. Alan Hays	Lake,Marion,Orange,Sumter	(850) 487-5011	hays.alan.web@flsenate.gov

Sen. Dorothy L. Hukill	Lake,Marion,Volusia	(850) 487-5008	hukill.dorothy.web@flsenate.gov

Sen. Arthenia Joyner	Hillsborough,Manatee,Pinellas	(850) 487-5019	joyner.arthenia.web@flsenate.gov

Sen. Jack Latvala	Pinellas	(850) 487-5020	latvala.jack.web@flsenate.gov

Sen. Tom Lee	Hillsborough	(850) 487-5024	lee.tom.web@flsenate.gov

Sen. John Legg	Hillsborough,Pasco	(850) 487-5017	legg.john.web@ flsenate.gov

Sen. Gwen Margolis	Miami-Dade	(850) 487-5035	margolis.gwen.web@flsenate.gov

Sen. Bill Montford	Calhoun,Franklin,Gadsden,Gulf,Hamilton,Jefferson,Leon,Liberty,Madison,Taylor,Wakulla	(850) 487-5003	montford.bill.web@flsenate.gov

Sen. Joe Negron	Indian River,Martin,Palm Beach,St. Lucie	(850) 487-5032	negron.joe.web@flsenate.gov

Sen. Miguel Diaz de la Portilla	Miami-Dade	(850) 487-5040	portilla.miguel.web@flsenate.gov

Sen. Garrett Richter	Collier,Lee	(850) 487-5023	richter.garrett.web@flsenate.gov

Sen. Jeremy Ring	Broward	(850) 487-5029	ring.jeremy.web@flsenate.gov

Sen. Maria Lorts Sachs	Broward,Palm Beach	(850) 487-5034	sachs.maria.web@flsenate.gov

Sen. David Simmons	Seminole,Volusia	(850) 487-5010	simmons.david.web@flsenate.gov

Sen. Wilton Simpson	Hernando,Pasco,Sumter	(850) 487-5018	simpson.wilton.web@flsenate.gov

Sen. Christopher Smith	Broward	(850) 487-5031	smith.chris.web@flsenate.gov

Sen. Eleanor Sobel	Broward	(850) 487-5033	sobel.eleanor.web@flsenate.gov

Sen. Darren Soto	Orange,Osceola,Polk	(850) 487-5014	soto.darren.web@flsenate.gov

Sen. Kelli Stargel	Orange,Osceola,Polk	(850) 487-5015	stargel.kelli.web@flsenate.gov

Sen. Geraldine F. Thompson	Orange	(850) 487-5012	thompson.geraldine.web@flsenate.gov

Sen. John Thrasher	Flagler,Putnam,St. Johns,Volusia	(850) 487-5006	thrasher.john.web@flsenate.gov

Thank You!

Debbie Matthews
Sierra Club Florida Chapter Chair

Sierra Club Florida

1990 Central Avenue

St. Petersburg, FL 33712

NEWS: sierraclubfloridanews.org

HOME: florida.sierraclub.org

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Florida Senate Coddles Polluters, Abandons Public Health Protection

2013-04-24T16:06:00.000-04:00

Florida House Votes Next: Representatives Should Restore Protections

CONTACTS:

David Guest, Earthjustice Attorney; (850) 228-3337 or (850) 681-0031

Manley Fuller, President, Florida Wildlife Federation; (850) 567-7129

Frank Jackalone, Florida Staff Director, Sierra Club; (727) 824-8813 x302

Andrew McElwaine, President, Conservancy of Southwest Florida; (239) 403-4210

FOR IMMEDIATE RELEASE

4-24-2013

TALLAHASSEE – The Florida Senate today voted down a common-sense measure which would have better protected Floridians and tourists from toxic algae outbreaks in the places where we swim, fish, and boat.

At the behest of polluter-lobbyists, legislators voted against an amendment to SB 1808, which would have required state authorities to track the number of children and adults diagnosed with skin rashes, acute respiratory illness, and gastrointestinal symptoms after coming in contact with algae-infested waters.

The Senate bill passed 34-4. A companion measure, HB 7115, is still in the House of Representatives. Click Here for ALERT

The Senate amendment – and one pending in the House -- would also require the Florida Department of Environmental Protection to make public:

- The number of dogs and livestock that died within 3 hours of exposure to algae- infested waters.

- The number of manatees that died within 30 days of exposure to algae outbreaks.

- The number of seabirds that died within 30 days of exposure to algae outbreaks.

Florida Sen. Darren Soto and Florida Rep. Michelle Rehwinkel Vasilinda drafted the amendments to protect Floridians, wildlife, tourists, and their pets from the effects of dangerous slimy algae outbreaks on the state’s beaches, lakes, springs, bays, and rivers. The outbreaks are fueled by sewage, manure and fertilizer runoff, known as “nutrient pollution.”

“It is clear that Florida's polluters are the winners today, securing Senate approval of ineffective and unenforceable guidelines that will leave our rivers, lakes and coastal waters slimed with green algae and red tide,” said Sierra Club Florida Staff Director Frank Jackalone. “We are shocked that the Senate decided there won't be any sunshine in the Sunshine State, rejecting a simple amendment that would have required the Florida Department of Environmental Protection to report to the public the number of incidents when toxic algae harms human health or injures pets, livestock and wildlife."

Four senators stood up for the public health of Floridians: Sens. Joseph Abruzzo, D-Wellington; Jeff Clemens, D-Lake Worth; Joe Negron, R-Palm City; and the sponsor of the public health amendment, Sen. Soto, D-Kissimmee.

“What we need to do is limit pollution and clean up our waterways,” said Florida Wildlife Federation president Manley Fuller. “The Florida Senate won’t even go as far as documenting the problem, much less set real limits on the amount of sewage manure an fertilizer running into our water.”

“Year after year, we watch the influence that these polluters have on these legislators grow. They sell out the public who elected them time after time, and it is frankly difficult to watch,” said Earthjustice attorney David Guest.

“It’s hard to believe that the Florida Senate would vote against monitoring these toxic algae outbreaks when we have hundreds of dead manatees washing up on our shores right in the middle of tourist season,” said Andrew McElwaine, President of the Conservancy of Southwest Florida .

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Click Here for ALERT

TODAY: Tell Florida Representatives to Protect our Water!

2013-04-23T16:00:00.004-04:00

Dear Friend,

Call Today!

Tell Florida legislators to
say no to toxic slime!

A pro-polluter bill HB 7115/SB 1808 is racing towards passage in our state capitol, a bill that would seal a terrible backroom deal. The deal, struck between the Rick Scott Administration and the US Environmental Protection Agency, would allow toxic pollution to continue to slime our water ways, threatening our health and our environment.

State senators voted 34-4 in favor of this bill on Wednesday, April 24, deciding to put polluter interests above the need to stop toxic slime in our waterways. Environmental heroes who voted against the bill included Senators Soto, Abruzzo, Negron and Clemens. Please take the time to thank those Senators!

Members of the Florida House will vote as early as Friday, April 26. Please call your Representative and urge them to vote against HB 7115.

Sierra Club activists like you have been fighting for clean water for years and we can’t stop now! Our grassroots movement is all that stands in the way of Florida’s waterways becoming America's cesspit.

Tallahassee legislators need to know where you stand. Will you join thousands of other Floridians and make a call to your representative right now? It’s easy and couldn’t be more important.

The pro-polluter bill couldn’t be more egregious. It would leave Floridians without protection from toxic tides and green slime. It would strip power from the EPA and give it to our polluter-backed state government to regulate sewage, fertilizer, and animal manure pollution. Florida's biggest polluters will get exactly what they want: no meaningful limits, a myriad of loopholes and escape hatches, and whole swaths of the state’s water bodies exempt from any protection at all.

That’s why activists from around the state are rallying against this disaster. Last week in ten cities around the state hundreds protested and marched straight to their legislator's offices to vocalize their dissatisfaction with the bills.¹

Call your representatives and demand they stop or fix these bills so that all of Florida is protected!

Together we can stop this polluter backed bill before it's too late -- the ongoing public health threats, slimed water-bodies, and hundreds of manatee deaths prove we cannot let the state run the show. Our water resources are the backbone of our state’s environment, economy, and heritage; we aren’t about to trade them just to make a few deep-pocketed polluters happy.

Your legislators need to hear from you today. Tell them: say no to toxic slime -- it’s not up for negotiation!

Thanks for all you do for our environment,

Macy Zander
Associate Organizing Representative
Sierra Club -- Protecting Florida's Waters Campaign

P.S. Spread the word about this important issue with your friends and neighbors.

[1] "Protest at Dean's office over water pollution standards." Ocala.com. 15 April 2013.

HOUSE FLOOR VOTE TOMORROW: Urban Fertilizer Preemption Amendment on HB 999

2013-04-23T11:55:00.000-04:00

Silver Springs choked w/slime and Marion Co. fertilizer ordinance
is on the chopping block

For the seventh legislative session in a row the urban fertilizer preemption threat is back.

A floor amendment (Raburn) has been filed to HB 999 which will be voted on tomorrow, April 24, on the House Floor.

It will then be filed to SB 1684 (Altman) if it passes the House.

Call your Representative now before it is too late - tell them:

Vote “NO” on the Raburn amendment to HB 999. Vote "NO" on any amendment that would stop or hinder the local regulation of urban fertilizers.

Click HERE for all Representatives' contact info.

Below find the background information on the proposed legislation.

Fertilizer Floor Amendment

The “Florida Fertilizer Regulatory Review Council” amendment preempts duly elected local governments, is biased in favor of a one-size-fits-all model; prevents the consideration of the costs of inappropriate use of urban turf fertilizer, and packs the ‘Council’ with pro-fertilizer members.

Preemption:

This is a preemption amendment. It preempts localities from adopting new fertilizer ordinances for three years in (7)(a) and retrospectively preempts Rockledge in Brevard Count from enforcing the strong ordinance adopted on March 20, 2013 by their duly elected officials in (7)(b).

This amendment grandfathers strong ordinances adopted before March 5 of this year, but only for three years. And if the industry-related members have their way, the Council’s recommendation will be to eliminate all local ordinances permanently.

Subsection (2)(a) 5 calls for the Council to identify additional research needs. You can bet they’ll identify some issue that needs to be studied and in three years the language of this section will be amended to extend the prohibition on new ordinances until the research is done… and it will never be funded. (This is a time-honored strategy.) In two steps they will have achieved their goal of preemption of any new ordinances. [N.B. Subsection (2)(g) also requires the Council to identify additional research that may inform future state policies.]

Preemption is absolutely unnecessary for the “Regulatory Review Council” to perform its job. Local communities adopting new strong ordinances to deal with the toxic algae problem in places like Indian River Lagoon, Southwest Florida, or the springsheds in Central and North Florida pose absolutely no obstacle to investigating the relation of urban turf fertilizer to negative water quality impacts, and of the different management strategies in use around the state. All they have to do is add “as of the effective date of this bill” to the Council’s charge to do a comprehensive review of all local ordinances in this state regulating nonagricultural fertilizer or its use.

The preemption piece is a pure gift to the fertilizer and pest control industry. They get what they want for three years for no other reason than it was written into the bill. The call for more “research” sets up future extension and expansion of preemption. And because the amendment preempts any new strong ordinances it implies they are to be avoided and that the weak “model ordinance” is to be embraced.

One-size-fits-all bias: Pro fertilizer industry bias disguised as uniformity or consistency with the Urban Turf Rule that covers the application of lawn fertilizer is evident throughout the language of the amendment. EXAMPLES:

Legislative finding (1)(b): “Varying state and local regulations govern the regulation of nonagricultural fertilizer or its use, and inconsistencies resulting from varying regulations may affect commerce and impact water quality in this state” implies that differences between regulations are a problem for both commerce and water quality. The only problem they pose for water quality is when they are too weak, water quality suffers.

Legislative finding (1)(c): “It is advisable to identify practices or a combination of practices, which, based on field testing, expert review, and scientific information, individually or cumulatively protect the quality of waters in this state” precludes identifying combinations of practices, and limits, by implication at least, the identification of a combination of practices to a one-size-fits-all choice.

(2)(b) calls for the Council to do a comprehensive review of the Urban Turf Rule but does not call for recommendations for modifications to that rule. The rule currently sabotages the use of slow release fertilizers and exempts all “weed and feed” products from regulation for water quality because they contain pesticides. Therefore, any fertilizer with even a small amount of pesticide is not subject to water quality regulations under the “Model Ordinance.” (All pesticide regulation in Florida is preempted to DACS.)

(2)(f) calls for the Council to recommend amendments to the “Model Ordinance” after considering consistency with the Urban Turf Rule which can only be the rule that is currently in place including its inadequate provisions for water quality as mentioned above.

The goal of the “Florida Fertilizer Regulatory Review Council” is not improved water quality. Subsection (2)(d) makes clear that it is to recommend strategies “that promote consistency in state and local regulation of nonagricultural fertilizer or its use where possible while balancing the need to accommodate reasonable regional and local differences necessary to meet state water quality standards.”

The amendment’s primary concern is “consistency in state and local regulation” - the one-size-fits-all model which has always been the goal of the industry but is contrary to the watershed-by-watershed approach that is promoted by FDEP and the state’s National Estuary Programs.

If the goal of the amendment were to improve water quality, water quality would come first, not as something to be “balanced.” In fact, if water quality were the goal, the entire thrust of the “regulatory review council” would be to determine if existing regulations were up to the job. But the goal here is obviously to undercut the ability to regulate, even if doing so means the public will suffer the health and economic impacts of dirty water and have to pick up the tab.

Cost: There is no mandate to consider the costs of cleaning up water bodies polluted by fertilizer. Subsection (2)(a) directs the Council to perform a comprehensive review of nutrients and their impact on water bodies, but no baseline is to be established for the costs borne by communities caused by polluted water. Since it is not an expressed requirement, it will not be done.

This is statute, and therefore legal rules of interpretation apply. The relevant concept here is Expressio unius est exclusio alterius ("the express mention of one thing excludes all others"). In the context of this amendment the purposes of the Council are enumerated and this explicit enumeration prevents the Council from addressing anything not listed.

This means the assessment of “technically and economically feasible” strategies will exist without a basis for comparison. (2)(a)5 will assess the costs to the industry of implementing management strategies, but the costs of not implementing those strategies will not be considered.

Composition of the Council - “Fair and Balanced”?: If the purpose of the Council is to investigate the relationship between water quality and urban turf fertilizer, there should be a connection between the members of the Council and those subjects.

Private sector members of the Council that can be presumed to favor strong ordinances are the representatives of the environment, the League of Cities, the Association of Counties, the Florida Stormwater Association, and a water quality scientist for a total of five.

Private sector members that can be presumed to favor a one-size-fits-all approach are the representatives of the fertilizer, pest control, lawn and landscape, golf course, and retail industries for a total of five.

The remaining members are representatives of DEP which is responsible for protecting water quality; DACS, whose representatives have consistently denounced ordinances stronger than the FDEP Model;, the UF Institute for Food and Agricultural Sciences whose administrators have repeatedly come down against local strong ordinances, and representatives of the UF Water Institute and a Water Management District, neither of which have weighed in on the issue in the past five years.

All in all, the “balance” looks like six for strong ordinances, seven for one-size-fits-all, and two unknown.

Why are there representatives of the Golf Course Superintendents Assoc. and the retail industry? Golf courses are not covered by the Urban Turf Rule or local ordinances, and only a small fraction the retail industry deals with fertilizer. There’s little chance that a food store or fabric store owner will be the retail representative. Golf courses and retailers have no direct connection to either water quality or local ordinances and are only there to stack the deck.

And the deck is stacked. There is a false equality in the composition of the Council as well as in its charge. The representatives of most of the population of the state: cities and counties (and the stormwater entities that serve them) have no more weight than the representatives of an industry that makes up only a small percentage of the population and whose product causes a significant percentage of the water quality problem in Florida.

Conclusion: Lawn fertilizer’s impact on water quality varies from locality to locality – watershed to watershed. Urbanized areas with lots of impermeable surfaces speed runoff to local water bodies and coastal waters because water runs downhill. If fertilizer nutrients are allowed to get into that runoff, impaired water quality can be the only result.

Florida’s communities need to be able to adopt strong ordinances to prevent fertilizer pollution because they’re on the hook for the clean up if it gets into their water.

Prevention is always better than cure.

Pushing for a state-wide weak fertilizer ordinance is bad policy that favors one industry, fertilizer, over all the others in the state that depend on water quality. And it favors the fertilizer industry over citizens whose health, quality of life, and property values are diminished by the inappropriate use of this “legal product.”

Soto/Vasilinda amendment praised for setting nutrient pollution limits

2013-04-16T09:15:00.003-04:00

Florida Legislators Darren Soto and Michelle Rehwinkel Vasilinda

File Measure To Protect Public Health and Public Waters

FOR IMMEDIATE RELEASE

4-16-2013

Senator Darren Soto

Rep. Michelle Rehwinkel Vasalinda

TALLAHASSEE - Clean water advocates are praising Sen. Darren Soto and Rep. Michelle Rehwinkel Vasilinda for a legislative measure that aims to protect Floridians, tourists, and their pets from the effects of dangerous slimy algae outbreaks on the state’s beaches, lakes, springs, bays, and rivers.

These outbreaks are fueled by sewage, manure and fertilizer – called “nutrient pollution.”

Soto and Rehwinkel Vasilinda today unveiled amendments to HB 7115/SB1808 which would require state authorities to track the number of children and adults diagnosed with skin rashes, acute respiratory illness, and gastrointestinal symptoms after coming in contact with algae-infested waters.

The amendments would also require the Florida Department of Environmental Protection to make public:

- The number of dogs and livestock that died within 3 hours of exposure to algae-infested waters.

- The number of manatees that died within 30 days of exposure to algae outbreaks.

- The number of seabirds that died within 30 days of exposure to algae outbreaks.

Soto and Rehwinkel Vasilinda’s amendments also require the Florida DEP to report which water bodies around the state are out of compliance with the DEP’s rules on sewage, manure and fertilizer pollution.

If the number of reported deaths or health problems affecting people, dogs, livestock, manatees, and seabirds combined exceeds 100, the amendment specifies that the state DEP’s rules on sewage, manure and fertilizer will be replaced by more effective rules developed by the U.S. Environmental Protection Agency.

“Senator Soto and Representative Rehwinkel Vasilinda should be commended for acknowledging that Florida is facing a major crisis as many of our springs, lakes, rivers and coastal waters are plagued with either green slime or red tide,” said Sierra Club Florida Staff Director Frank Jackalone. “They see what most Floridians are witnessing in their back yards – vast algae outbreaks which are lethal to our fish and manatees, harmful to human health, devastating to our tourism-based economy, and ruinous to property values. Their amendment tells the truth -- It says Florida's green slime and red algae problem is so big, our state government probably can't fix it on its own.”

Earthjustice attorney David Guest agreed.

“People and pets are getting sick from algae outbreaks, and the public has a right to know the extent of the problem. If the DEP’s rules aren’t protecting Floridians, then we need EPA’s rules in place to protect us.”

“We have to reduce nutrient pollution of our Florida waters, and this language helps do that,” added Florida Wildlife Federation President Manley Fuller.

Andrew McElwaine, president of the Conservancy of Southwest Florida, said his group also strongly supports Soto and Rehwinkel Vasilinda’s amendments.

“It will set meaningful limits on pollution where children and wildlife are threatened,” McElwaine said. With the death of over 250 manatees from harmful algal outbreaks, southwest Florida urgently needs the protection the amendment provides.”

SB 1808 is currently on the Senate’s special order calendar.

CONTACTS:

David Guest, Earthjustice Attorney; (850) 228-3337 or (850) 681-0031
Manley Fuller, President, Florida Wildlife Federation; (850) 567-7129
Frank Jackalone, Florida Staff Director, Sierra Club; (727) 824-8813 x302
Andrew McElwaine, President, Conservancy of Southwest Florida; (239) 403-4210

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