Well, the Florida Legislature adjourned sine die on Friday May 4th. Uncharacteristically, this session did not reveal the in-fighting and partisan behavior which accompanied previous legislative sessions. In fact, the May 4th adjournment at 4:40pm was a refreshing change from the typical late night early morning adjournments of the past. Is this a sign of new beginnings? Will the legislative bodies remain collegial to each other? Hum, only time will tell.
My money, however, rests on the fact a reasonable compromise on property tax reform was not reached, coupled with the state's tight purse strings (means no member projects) which always sparks lively debates. So, the Florida Legislature convenes and adjourns session in relative peace and harmony. However, we are not out of the woods yet. Both President Pruitt and Speaker Rubio agreed that a special session in June would give adequate time to solve the complex issues relating to property tax reform. Property taxes will make for one heck of a floor debate. I also understand that legislation regarding KidCare and PIP, two extremely contentious issues, may find their ways to legislative debate in June.....Can you say "Let's get ready to rumble!"
Maybe the most interesting part of the 2007 legislative session is not what happened... but, what did not happen.
There was not enough momentum to pass a proposed bill which would have changed Florida's Agricultural Land Assessment "Greenbelt Law". I suppose the "anti-greenbelt" crew will have to move on to greener pastures for another year, I hope the pasture they choose is located on "bonafide" agricultural lands!!!!!
Although very eloquently argued, a bill which would have penalized landowners and business owners for employing "unauthorized workers" did not make it through the process. If passed the bill would have mandated a loss in eligibility for the agricultural lands assessment and/or loss of a business license. In addition, there were provisions in the bill for a civil penalty up to $25,000 per unauthorized worker.
An attempt to remove a tree species from the state's invasive plant list for the purposes of planting windbreaks to protect Florida citrus failed. Although defeat this year I have a sneaky suspicion this idea will "sprout up" again. We all know how hard those invasive plants are to control.
All in all, the 2007 legislative session was a pleasant suprise. FNGLA,the agriculture and business industries in general, had a productive and positive session. We, like House Speaker Marco Rubio, did not pass every "idea" we proposed. Yet, we continued to promote laws which create a pro-business, agricultural friendly environment so, FNGLA members statewide can continue producing quality plants and providing professional services for consumers.
If you are interested in a complete list of FNGLA's legislative activities please do not hesitate to visit the FNGLA website.
Monday, May 14, 2007
Tuesday, March 6, 2007
Tallahassee Talk #2
Well, we have made it to Act 1, the opening scenes of the 2007 Florida Legislative Session. Each year the Florida Legislature kicks off the constitutionally required 60 day legislative session, usually the first full week of March. As we start the 2007 session please remember, the Legislature is only required to pass a balanced budget. In other words, they do not have to pass any new laws. However, we all know passing no laws would take all the fun out of the session. So, we start the legislative session with hopes and dreams that the legislature will resemble a rational deliberative body not just another side act to the FSU Circus.
This just in.... Tallahassee businesses have learned how to survive even with the 2004 lobbying guidelines. The laws which were designed to bring integrity back to Tallahassee. And, as it turns out, prohibit a lobbyist from giving a legislator or staffer a piece of gum...for fear of special favor by the legislator. A side note.. Senate President Ken Pruitt welcomed some lobbyists back to Tallahassee and to the Senate President's office. A refreshing change since all lobbyists were essentially banned from entering during last session.
As we lead into this session, we read the papers and hear talks about additional insurance reform, cutting or even eliminating property taxes (oh wait, we need to start CPR on another local government...property taxes are their budgets). We also hear talks about more focused funding on water projects, environmental protection, growth management, and transportation (interestingly, transportation issues have led to a new term in Florida.... Florida Royalty, with regards to Sen. J.D. Alexander and Rep. Baxter Troutman. Individuals whose family lines tie back directly to Florida Citrus baron Ben Hill Griffin Jr.) Yes, Gator fans the guy the stadium is named after. Interestingly, the hullabaloo-- a proposed Central Florida Parkway. A road plan which would open up the Florida Heartland and with any luck at all make driving down US 27 a much more enjoyable ride. Furthermore, the parkway could, in fact, help spur growth and economic development in the Florida Heartland--or for the cynics the parkway could provide some traffic relief for the urban sprawl known as Lake County. The bottom line is these leading legislators have been getting bad press...very undeserving.
March 6th, is the official kick-off of session. The Speaker of the House and the President of the Senate will be calling their troops to order and gathering for Gov. Crist's 1st State of the State Address. Don't let the jovial nature of the legislature fool you... there are plenty of side acts and mini-dramas which are building under the surface of the "new bi-partisan" charge of the legislature. The state's budget coffers are roughly $1 billion dollars lower than expected and this will mean that lobbyist and legislator alike will be fighting for every penny. I think it is also important to remember "Everybody is equal but, some are more equal than others!" As we dive into the budget process and members see their projects cut from the budget; all bets will be off and it could very well be every member for themselves.
FNGLA continues to push for passage of key sales-tax exemptions which will help growers statewide. These exemptions include: correcting the sales-tax exemption for electricity, exempting the components of low-volume irrigation systems, and exempting materials used to rebuild, replace and repair farm buildings. We are also fighting to protect Agricultural Tax Assessments (a.k.a. Greenbelt). To date, Greenbelt has not been a part of the overall property tax reform proposals thus, we are monitoring every bill which addresses Property Tax valuation to ensure a nasty little amendment isn't added to the fold.
Finally, as things bounce off the wall here in Tallahassee and legislators transition from jovial optimistic soles into hardened fighters, it's important that everyone understands Florida's Legislative Process does indeed work. Even at its ugliest, there are some shining moments.....I'll let you know when we have one this session... It will probably be May 5th (the day after the Legislature adjourns). As always, if you have any specific questions about FNGLA's legislative agenda, or you would like to talk about specific bills, please feel free to shoot me an email (jspratt@fngla.org) or give me a call (850) 841-1013.
So long for now...tune in next time for more exciting Tallahassee Talk
This just in.... Tallahassee businesses have learned how to survive even with the 2004 lobbying guidelines. The laws which were designed to bring integrity back to Tallahassee. And, as it turns out, prohibit a lobbyist from giving a legislator or staffer a piece of gum...for fear of special favor by the legislator. A side note.. Senate President Ken Pruitt welcomed some lobbyists back to Tallahassee and to the Senate President's office. A refreshing change since all lobbyists were essentially banned from entering during last session.
As we lead into this session, we read the papers and hear talks about additional insurance reform, cutting or even eliminating property taxes (oh wait, we need to start CPR on another local government...property taxes are their budgets). We also hear talks about more focused funding on water projects, environmental protection, growth management, and transportation (interestingly, transportation issues have led to a new term in Florida.... Florida Royalty, with regards to Sen. J.D. Alexander and Rep. Baxter Troutman. Individuals whose family lines tie back directly to Florida Citrus baron Ben Hill Griffin Jr.) Yes, Gator fans the guy the stadium is named after. Interestingly, the hullabaloo-- a proposed Central Florida Parkway. A road plan which would open up the Florida Heartland and with any luck at all make driving down US 27 a much more enjoyable ride. Furthermore, the parkway could, in fact, help spur growth and economic development in the Florida Heartland--or for the cynics the parkway could provide some traffic relief for the urban sprawl known as Lake County. The bottom line is these leading legislators have been getting bad press...very undeserving.
March 6th, is the official kick-off of session. The Speaker of the House and the President of the Senate will be calling their troops to order and gathering for Gov. Crist's 1st State of the State Address. Don't let the jovial nature of the legislature fool you... there are plenty of side acts and mini-dramas which are building under the surface of the "new bi-partisan" charge of the legislature. The state's budget coffers are roughly $1 billion dollars lower than expected and this will mean that lobbyist and legislator alike will be fighting for every penny. I think it is also important to remember "Everybody is equal but, some are more equal than others!" As we dive into the budget process and members see their projects cut from the budget; all bets will be off and it could very well be every member for themselves.
FNGLA continues to push for passage of key sales-tax exemptions which will help growers statewide. These exemptions include: correcting the sales-tax exemption for electricity, exempting the components of low-volume irrigation systems, and exempting materials used to rebuild, replace and repair farm buildings. We are also fighting to protect Agricultural Tax Assessments (a.k.a. Greenbelt). To date, Greenbelt has not been a part of the overall property tax reform proposals thus, we are monitoring every bill which addresses Property Tax valuation to ensure a nasty little amendment isn't added to the fold.
Finally, as things bounce off the wall here in Tallahassee and legislators transition from jovial optimistic soles into hardened fighters, it's important that everyone understands Florida's Legislative Process does indeed work. Even at its ugliest, there are some shining moments.....I'll let you know when we have one this session... It will probably be May 5th (the day after the Legislature adjourns). As always, if you have any specific questions about FNGLA's legislative agenda, or you would like to talk about specific bills, please feel free to shoot me an email (jspratt@fngla.org) or give me a call (850) 841-1013.
So long for now...tune in next time for more exciting Tallahassee Talk
Monday, January 29, 2007
Tallahasse Talk #1 Week in Review
January 22-26 2007
The fireworks have already begun in Tallahassee and we are still a month away from the 2007 Regular Legislative Session. Governor Charlie Crist has hit the ground running..calling the Florida Legislature to convene a Special Legislative Session to focus on insurance. Under the leadership of Senate President Ken Pruitt and House Speaker Marco Rubio the Legislature developed and passed legislation which does lower every one's insurance premiums. The measure passed both chambers with a combined vote of 158- 2 and has already been signed into law by Governor Charlie Crist.
On an unrelated note.... The two dissenting votes (Rep. Don Brown, R-5) and (Rep. Dennis Ross, R-64) resigned from their respective leadership positions following the vote Monday. Hum.....makes you wonder a little?????
Preparing for the upcoming Legislative Session, Legislators have been in Tallahassee for "Committee Meetings" Lake Okeechobee is shaping up to be the primary environmental focus for the 2007 legislative session. The lake, which is the 2nd largest fresh water body in North America, is a critical component to South Florida's water resources infrastructure, providing amazing environmental habitat, an extraordinary fishery, and water supply for agricultural, environmental and urban needs. The lake system also provides flood control for the large and small communities around the lake.
The 2004 and 2005 hurricanes gave a new urgency to the focus on Lake Okeechobee! The storms created extremely high and turbid water conditions which resulted in large discharges of sediment laden water into the Caloosahatchee and St. Lucie Rivers (The two out flows of the lake). As a result of these discharges the fragile estuarine eco-systems on both coast were considerably damaged. Additional the coastal communities which rely on the health of the eco-system for tourism and fishing have suffered substantial economic impacts. Furthermore, the Lake Okeechobee problem has been exacerbated by a recent study which reveled the Herbert Hoover Dike surrounding the lake is in imminent danger of a severe breach in the event of future high water levels or severe hurricanes.
Understanding the current situation, the Department of Environmental Protection, the Department of Agriculture and Consumer Services and the South Florida Water Management District are greatly accelerating work in the northern Everglades and placing a greater emphasis on working with agricultural landowners to implement Best Management Practices.
Legislatively, Rep. Richard Machek (D-Delray Beach; HB0197) and Sen. Burt Saunders (R-Naples; SB0392) have filed bills in their respective chambers to "beef-up" the Lake Okeechobee Protection Plan. These bills call for increased funding for water quality projects, storm water treatment facilities and increased funding for Agricultural Best Management Practices programs. Related legislation has been filed by Rep. Trudi Williams(R-Ft. Myers) which expands the Lake Okeechobee Protection Program to include the Caloosahatchee and St. Lucie rivers and estuaries. In addition, Rep. Shelley Vana (D-West Palm Beach) has filed a bill urging Congress to authorize appropriations for the improvement of the Herbert Hoover Dike.
With all of the focus on Lake Okeechobee and the Everglades one of the themes that is resonating out of the discussion in the Federal participation (or lack there of) in the overall Lake Okeechobee/ Everglades restoration partnership. To date, the state and water management district have spent $3.1 billion dollars while Congress has invested a meager couple of hundred million....not a bad deal for Congress's part of the supposed 50-50 partnership between the state and the Federal government.
Enough talk about Lake Okeechobee! There are several other bills of interest to FNGLA members statewide. Strait out of the 100 ideas for Florida's future... Rep. Debbie Boyd (D-Alachua) has introduced HB 0297 relating to incentive-based permitting. The genesis for this bill is to reward businesses and individuals who demonstrate commitment and compliance with environmental permits. The bill provides for longer duration permits, a shorter application process and automatic renewals.
Other FNGLA legislative priorities include: Correcting a minor technical glitch in the Sales tax exemption for Electricity used for agricultural production. After the passage of this important legislation in 2006 we were all surprised to learn how different the Florida Department of Revenue's interpretation of the language was from the intent of the legislative sponsors. Secondly, FNGLA and the other agricultural interests are working on two additional sales tax exemptions. These exemption include: 1) Low-volume Irrigation systems and 2) Building Materials. (There will be additional information of these exemptions as the legislative session approaches).
Lastly, what would a Blog be without a little soapboxing....Wait the Blog is a big soap box! At any rate, one of the more concerning themes to surface already in the legislative process is the Agricultural Tax Assessment a.k.a. The Greenbelt Law. Several property appraisers have expressed an interest in changing the Green Belt Law. The interesting thing is most property appraiser say they want to strengthen the law to "protect" farmers..........Oh no we are from the government and we are here to help! Yikes
At any rate, there have been no shortage of solutions to the law only solutions which actually will protect farmers. The bottom line is the Greenbelt law lays out specific criteria by which land qualifies for the agricultural assessment. The constitutional requirement of the law states that the appraiser shall determine land use as of January 1st of each year. Individuals may appeal the decision of the property appraiser to the Value Adjustment Board and subsequently to the courts. Each year 10,o00's of parcels are reviewed by county property appraisers-of those parcel which receive the agricultural assessment there is very small group which may actually abuse the law. Realistically, we are talking about .001% of all the assessed parcels statewide. My question is: Do we jeopardize the law and subsequent precedence established by case law, which define the terms of Greenbelt, for a small, small percentage of bad actors?
MOST OUTRAGEOUS BILL FILED:
HB 0119 by Rep. Juan Zapata (R-Homestead). This bill relates to unauthorized employment. The law, as filed, would require a loss of a landowners agricultural assessment if the landowner employees, directly or indirectly, individuals who are not legal US citizens. The specifics of the bill include loss of agricultural assessment for 2 years in 5 or less illegal workers are found, 5 year loss of the assessment if 6-10 illegal workers are found and 10 year loss of assessment in 10 or more illegal workers are found. The bill also carries Civil penalties of up to $25,000 per illegal employee.
Needless to say this particular legislation will be square in the sites of FNGLA and many others from the agricultural and business communities.
The fireworks have already begun in Tallahassee and we are still a month away from the 2007 Regular Legislative Session. Governor Charlie Crist has hit the ground running..calling the Florida Legislature to convene a Special Legislative Session to focus on insurance. Under the leadership of Senate President Ken Pruitt and House Speaker Marco Rubio the Legislature developed and passed legislation which does lower every one's insurance premiums. The measure passed both chambers with a combined vote of 158- 2 and has already been signed into law by Governor Charlie Crist.
On an unrelated note.... The two dissenting votes (Rep. Don Brown, R-5) and (Rep. Dennis Ross, R-64) resigned from their respective leadership positions following the vote Monday. Hum.....makes you wonder a little?????
Preparing for the upcoming Legislative Session, Legislators have been in Tallahassee for "Committee Meetings" Lake Okeechobee is shaping up to be the primary environmental focus for the 2007 legislative session. The lake, which is the 2nd largest fresh water body in North America, is a critical component to South Florida's water resources infrastructure, providing amazing environmental habitat, an extraordinary fishery, and water supply for agricultural, environmental and urban needs. The lake system also provides flood control for the large and small communities around the lake.
The 2004 and 2005 hurricanes gave a new urgency to the focus on Lake Okeechobee! The storms created extremely high and turbid water conditions which resulted in large discharges of sediment laden water into the Caloosahatchee and St. Lucie Rivers (The two out flows of the lake). As a result of these discharges the fragile estuarine eco-systems on both coast were considerably damaged. Additional the coastal communities which rely on the health of the eco-system for tourism and fishing have suffered substantial economic impacts. Furthermore, the Lake Okeechobee problem has been exacerbated by a recent study which reveled the Herbert Hoover Dike surrounding the lake is in imminent danger of a severe breach in the event of future high water levels or severe hurricanes.
Understanding the current situation, the Department of Environmental Protection, the Department of Agriculture and Consumer Services and the South Florida Water Management District are greatly accelerating work in the northern Everglades and placing a greater emphasis on working with agricultural landowners to implement Best Management Practices.
Legislatively, Rep. Richard Machek (D-Delray Beach; HB0197) and Sen. Burt Saunders (R-Naples; SB0392) have filed bills in their respective chambers to "beef-up" the Lake Okeechobee Protection Plan. These bills call for increased funding for water quality projects, storm water treatment facilities and increased funding for Agricultural Best Management Practices programs. Related legislation has been filed by Rep. Trudi Williams(R-Ft. Myers) which expands the Lake Okeechobee Protection Program to include the Caloosahatchee and St. Lucie rivers and estuaries. In addition, Rep. Shelley Vana (D-West Palm Beach) has filed a bill urging Congress to authorize appropriations for the improvement of the Herbert Hoover Dike.
With all of the focus on Lake Okeechobee and the Everglades one of the themes that is resonating out of the discussion in the Federal participation (or lack there of) in the overall Lake Okeechobee/ Everglades restoration partnership. To date, the state and water management district have spent $3.1 billion dollars while Congress has invested a meager couple of hundred million....not a bad deal for Congress's part of the supposed 50-50 partnership between the state and the Federal government.
Enough talk about Lake Okeechobee! There are several other bills of interest to FNGLA members statewide. Strait out of the 100 ideas for Florida's future... Rep. Debbie Boyd (D-Alachua) has introduced HB 0297 relating to incentive-based permitting. The genesis for this bill is to reward businesses and individuals who demonstrate commitment and compliance with environmental permits. The bill provides for longer duration permits, a shorter application process and automatic renewals.
Other FNGLA legislative priorities include: Correcting a minor technical glitch in the Sales tax exemption for Electricity used for agricultural production. After the passage of this important legislation in 2006 we were all surprised to learn how different the Florida Department of Revenue's interpretation of the language was from the intent of the legislative sponsors. Secondly, FNGLA and the other agricultural interests are working on two additional sales tax exemptions. These exemption include: 1) Low-volume Irrigation systems and 2) Building Materials. (There will be additional information of these exemptions as the legislative session approaches).
Lastly, what would a Blog be without a little soapboxing....Wait the Blog is a big soap box! At any rate, one of the more concerning themes to surface already in the legislative process is the Agricultural Tax Assessment a.k.a. The Greenbelt Law. Several property appraisers have expressed an interest in changing the Green Belt Law. The interesting thing is most property appraiser say they want to strengthen the law to "protect" farmers..........Oh no we are from the government and we are here to help! Yikes
At any rate, there have been no shortage of solutions to the law only solutions which actually will protect farmers. The bottom line is the Greenbelt law lays out specific criteria by which land qualifies for the agricultural assessment. The constitutional requirement of the law states that the appraiser shall determine land use as of January 1st of each year. Individuals may appeal the decision of the property appraiser to the Value Adjustment Board and subsequently to the courts. Each year 10,o00's of parcels are reviewed by county property appraisers-of those parcel which receive the agricultural assessment there is very small group which may actually abuse the law. Realistically, we are talking about .001% of all the assessed parcels statewide. My question is: Do we jeopardize the law and subsequent precedence established by case law, which define the terms of Greenbelt, for a small, small percentage of bad actors?
MOST OUTRAGEOUS BILL FILED:
HB 0119 by Rep. Juan Zapata (R-Homestead). This bill relates to unauthorized employment. The law, as filed, would require a loss of a landowners agricultural assessment if the landowner employees, directly or indirectly, individuals who are not legal US citizens. The specifics of the bill include loss of agricultural assessment for 2 years in 5 or less illegal workers are found, 5 year loss of the assessment if 6-10 illegal workers are found and 10 year loss of assessment in 10 or more illegal workers are found. The bill also carries Civil penalties of up to $25,000 per illegal employee.
Needless to say this particular legislation will be square in the sites of FNGLA and many others from the agricultural and business communities.
Subscribe to:
Posts (Atom)