Florida About to remove Climate Change from its laws

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Florida About to remove Climate Change from its laws

The Florida legislature is poised to expunge any reference to climate change from its statutes, awaiting the governor’s signature. Remarkably, this action comes from the same Republican-led legislature that earmarked $640 million to combat coastal hazards linked to climate change. The irony deepens when considering Florida’s status as ground zero for climate change impacts, including soaring temperatures, rising sea levels, and intensifying storms, all already evident. Yet, the legislature appears to turn a blind eye to the underlying issue, opting instead to prohibit offshore wind energy and loosen gas pipeline regulations. These changes may disrupt the prioritization and funding of projects aimed at mitigating climate change.

Climate change should transcend political divides, given its universal impact and global nature. It’s not exclusive to Florida or the United States. Many nations, such as Denmark, Sweden, and Chile, lead by example in implementing climate action and policies. These countries emphasize climate adaptation, sustainable development, and transitioning financial investments from fossil fuels to renewable energy sources.

 

Contrary to this global trend, Florida denies the existence of climate change and disseminates misinformation, fostering a false sense of security among its citizens. However, a closer look at newspaper headlines paints a starkly different picture. Florida faces severe consequences, including extreme heat, rising sea levels, increased sea water temperatures, and saltwater intrusion. These factors, compounded by issues like nutrient pollution, fuel algal blooms, fish die-offs, and contribute to coral bleaching and marine life loss.

 

Despite these alarming realities, Florida prioritizes economic interests over climate action, jeopardizing livelihoods. Yet, the economy’s prosperity is fragile in the face of such environmental crises.

Federal Court Found Federal Agencies failed to comply with Endangered Species Act in Wetland Permitting Program in Florida.

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Federal Court Found Federal Agencies failed to comply with Endangered Species Act in Wetland Permitting Program in Florida.

A significant victory for environmental conservation occurred when a Federal Court ruled in favor of multiple environmental groups in a case against the EPA and the U.S. Fish & Wildlife. The case, which dates back to December 2020 during the final days of the Trump Administration, challenged the transfer of the permitting process under section 404 of the Clean Water Act to the State of Florida. The court found that this transfer violated provisions of the Endangered Species Act, which safeguards threatened and endangered species during the permitting process.

In January 2021, seven environmental organizations, represented by Earth Justice, filed a lawsuit against the EPA, contesting the wetland permitting transfer to Florida. This coalition, including the Center for Biological Diversity, Defenders of Wildlife, Sierra Club, the Conservancy of Southwest Florida, the Florida Wildlife Federation, the Miami Waterkeeper, and the St. Johns Riverkeeper, argued that the move would “degrade and ruin Florida’s natural landscape, all in violation of federal environmental laws.”

While the recent court ruling addressed the violation of the Endangered Species Act, unresolved issues related to the Clean Water Act and Administrative Procedure Act are still ongoing. Restoring the protection provided by the Endangered Species Act is crucial to ensuring that agencies adhere to laws aimed at protecting wetland ecosystems and drinking water across the state.

A preliminary injunction, requested by Earth Justice on behalf of the Center for Biological Diversity and the Sierra Club in December of the previous year, came at a crucial time when Florida was in the process of permitting development projects that could have damaged Florida panther habitats and imperiled other species in Southwest Florida, such as the crested caracara. Some of these projects were planned in critical wildlife corridor areas containing essential wetlands.

St. Johns Riverkeeper Lisa Rinaman expressed satisfaction with the court’s recognition that Florida cannot ignore the law regarding endangered species protection.

“St. Johns Riverkeeper is pleased the court recognized that Florida can’t ignore the law when it comes to endangered species protection,” said St. Johns Riverkeeper Lisa Rinaman. “Whenever the state reviews permits from people who want permission to impact our critical wetland ecosystems, they need to follow the Endangered Species Act and the Clean Water Act.”*

Elizabeth Fleming, senior Florida representative at Defenders of Wildlife, highlighted the significance of wetlands as the lifeblood of Florida.

“Wetlands are the lifeblood of Florida, providing essential habitat to the world’s only population of the critically endangered Florida panther and many other rare and endemic species, all found within one of the most biologically diverse states in the country,” said Elizabeth Fleming, senior Florida representative at Defenders of Wildlife.*

The transfer of permitting power to the state of Florida was initially proposed during Rick Scott’s administration, aiming to expedite permit issuance, but it wasn’t until DeSantis administration that it came to fruition. However, concerns arose regarding the potential degradation of wetland ecosystems, lack of oversight from federal agencies, and insufficient staffing in Florida to handle the increased workload associated with issuing more development permits.

*As published on news released issued by the Center for Biological Diversity on February 16, 2024 www.biologicaldiversity.org

No More Balloon Releases in Florida

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No More Balloon Releases in Florida

On February 15, the Florida House of Representatives approved House Bill 321, which bans the deliberate release of balloons. The bill, presented by Linda Chaney, a Republican representing southern Pinellas County, and sponsored by Sen. Nick DiCeglie, also a Republican from St. Petersburg, FL, passed with a vote of 114 to 1.

Chaney was motivated by the case of Chex, a sea turtle rescued and rehabilitated by the Clearwater Marine Aquarium. Chex was found floating near Redington Pier, and it was later discovered that the turtle had ingested a balloon three times its body length, putting its life at risk.

The scientific community acknowledges that discarded balloons pose a threat to various living organisms, including sea turtles, birds, and mammals. A review by the Ocean Conservancy, a non-profit ocean protection organization, revealed that 1 in 3 birds ingesting a balloon died as a result.

The new bill modifies existing rules that previously allowed the release of up to 10 balloons within a 24-hour period. It is now illegal, with fines of up to $150 for anyone caught releasing balloons. The Senate will now review the bill for final passage.

The legislation was prompted by concerns over the environmental impact of balloon releases, especially after incidents, such as one in 2022, where individuals were seen popping balloons into the water from a boat. In that case, the Miami-Dade police issued civil citations, and the perpetrators faced felony charges for their reckless actions.

This bill reflects a common-sense approach to protecting the environment, particularly in addressing the issue of plastic in our waters. It emphasizes the importance of considering the consequences before releasing balloons, as anything that goes up will eventually come down and could potentially cause harm, regardless of its weight.

Panthers stressing the need for wildlife corridors and ecopassages

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Panthers stressing the need for wildlife corridors and ecopassages

The latest reports of four Florida Panthers being lost in a single week serve to highlight the pressing concern that our ongoing development and population trends are pushing this iconic species toward extinction. So far this year, 12 panthers has lost their life to vehicle collisions. The Florida Fish & Wildlife Conservation Commission currently estimates the panther population to range between 120 and 230 individuals, with a significant portion residing south of the Caloosahatchee River.

On November 6, a juvenile male Panther was struck by a vehicle in Hendry County, and the following day, a young female suffered the same fate in Glades County. Later that week, on Sunday, tragedy struck again with two separate incidents of panther fatalities due to vehicle collisions. The first incident involved a 3-year-old male in Hendry County on CR 833, while the second incident, just a few hours later, claimed the life of a 4-year-old male in Collier County. This has been one of the deadliest weeks for the species since 2021 when three panthers were killed on the same day, again by vehicle collisions.

Florida has experienced a 1.9% increase in its human population between July 2021 and July 2022, surpassing 22 million residents. This surge has led to the expansion of land and roads to accommodate the growing population, posing a threat not only to panthers but also to numerous other species. During a recent visit to the Everglades and the Fakahatchee Strand Preserve, I had the opportunity to travel along the renowned Tamiami Trail. In a stretch of less than 30 miles, I encountered three deceased alligators and over 20 birds, including a Barred Owl and various wading birds, along with a few raccoons—all victims of vehicle collisions.

Florida not only attracts retirees but also individuals seeking to experience its rich wildlife. However, the question arises: are we adequately safeguarding this biodiversity as we encroach upon their habitats? A new initiative is on the horizon aiming to establish one of the most extensive conservation areas. The U.S. Fish and Wildlife Service (USFWS) has introduced the Everglades to Gulf Conservation Area Initiative as a response to climate change impacts and the rising population in Florida. This undertaking seeks to address the displacement of wildlife from coastal regions due to increased human activity, offering crucial corridors along four watersheds. Such connectivity is essential for species like Florida Panthers, black bears, and deer, among others.

However, designating extensive wildlife areas with major roads running through it may not fully address the issue of vehicle collisions. Additional initiatives are required to ensure the safe passage of wildlife over or under existing roads. California is leading the way with the construction of the world’s largest wildlife bridge over Highway 101, a stretch traversed by nearly 300,000 vehicles daily. Interestingly, the construction of this bridge was prompted by the safe crossing of a Mountain Lion (P22) across the twelve-lane highway, while twenty other mountain lions were not as fortunate. I recently came across news about a similar bridge project slated for implementation in Polk County, Florida, spanning the I-4 corridor between Lakeland and Orlando. If realized, this would be the state’s first “wildlife-only” overpass. I sincerely hope this project materializes, given the significant threat posed to wildlife by the high volume of vehicles on that highway

Florida has a well-established reputation for grappling with road-related wildlife challenges, evident from turtles crossing roads in Tallahassee, leading to the development of the Lake Jackson Ecopassage, to the Paynes Prairie ecopassage established in response to Archie Carr’s discovery of over 765 snakes killed by vehicles on US 441.While is not all good news for Florida Panthers today, there’s hope for a better future.

P.S.> Just as this article was being finalized, another panther got struck on US 27 in Glades County, making it the 5th panther killed in November, raising the total for this year to 13 individuals.

Five Environmentally Sensitive Lands Recommended for Polk County Conservation.

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Five Environmentally Sensitive Lands Recommended for Polk County Conservation.

On November 7th, the citizens advisory committee, Conservation Land Acquisition Selection Advisory  (CLASAC) Committee, recommended that five nominated lands be considered for conservation acquisition, and will move forward for county commissioner approval. 

The CLASAC committee is responsible for evaluating applications from willing land owners who wish to have their property considered for acquisition.  The properties are evaluated and scored based on five criteria: water resources, natural communities and landscapes, plants and animals, human value and management.

The county has begun receiving funding from the new Environmental Lands Program property tax that voters approved in 2022.  This will give county officials authority to begin making acquisitions based on anticipated revenue.

These five properties range in size from 148 acres to 1,313 acres, with varying landscapes of upland sandy scrubs, hardwood hammocks, pastures, marshes, wetlands and citrus groves.

1)     Creek Legacy Ranch, a 1,313 acre ranch that borders Lake Hatchineha and the headwaters to The Everglades.  This area faces heavy development pressure as new and proposed housing projects are emerging, making the protection of this property more urgent than ever.

Creek Legacy Ranch has substantial conservation value, specie and habitat diversity, and is a critical connector of the Florida Wildlife Corridor.  Protecting this connection  of the corridor is vital, as it provides a north to south migration path needed for large mammals such as the Florida panther and black

2)  Friedlander Ranch is 649 acres in Lake Wales, and scored high for it’s natural communities and landscapes containing diverse ecosystems of old oak hammocks, wetlands and dry habitats.  This property has a high value for water recharge to the Floridan Aquifer.

This property is in a key location because it runs adjacent to Tiger Creek Preserve and a mitigation area which gives it a natural connectivity to it’s surrounding areas.

This property is home to hooping cranes (a federally listed endangered species), crested caracara, fox squirrels, gopher tortoises, and the rare ziziphus plant found only in Polk and Highlands Counties.

 

3)  Raley Groves is 418 acres near Lake Annie in Dundee includes citrus groves, pasture land and a six year old breeding population of turkeys.  This property contains sandy soils and has important water recharge and resource value.  It is on the Lake Wales Ridge and is adjacent to a Peace Creek canal restoration area.

 

4) The Astute Financial Conservation Trust property is 148 acres located east of Winter Haven Regional Airport.  The water resources are of great importance as it is one of the last large remaining wetlands connected to the Winter Haven Chain of Lakes. 

5) The Fulton Scrub is 238-acres located in Alturas. This cattle property has a very high quality scrub containing many rare and listed species, including sand skinks.  Five federally listed endangered and endemic plants were documented, Florida Bonamia, Florida Jointweed, Paper Nailwort, Small’s Jointweed, and Showy Dawn Flower.  

Once the lands are approved by the county commissioners, the next stage of the process is for the county to pursue collaboration of funding options and potential partnerships.  Offers of out right purchase (fee simple) or a conservation easement (less than fee) can then be made to the land owner.  It can take at least six months before the county makes an offer to property owners.

Property owners wishing to have sites evaluated may submit a nomination form, which can be found at   
https://polknature.com/about-us.                              

Contact Tabitha Biehl at tabithabiehl@polk-county.net for more information.

Polk Proposes New Development Review Scheme That Will Bypass Public Involvement, Add higher Voluntary Standards

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Polk Proposes New Development Review Scheme That Will Bypass Public Involvement, Add Higher Voluntary Standards

Posted on October 29, 2023 by Tom Palmer

Polk County planners, at the encouragement of the County Commission, have come up with a cure for long Planning Commission agendas.

Their prescription, if approved by the Planning Commission and the County Commission, will mean that in some cases developers will no longer be plagued by having to sit through hearings and having to listen to complaints by the pesky public about the demerits of their projects.

Instead, all they will need is a favorable staff review that will occur without public notice.

But in exchange developers will have to add more sidewalks and park space, not cram their units so close together and plant some trees along the edge of the subdivision if their project is twice as dense as the one next door.

The effort, called prescriptive planned developments, will undergo its first public hearing Nov. 1 before the Polk County Planning Commission.

This approach raises some questions.

First is that planned developments or planned-unit developments as they were called when the idea emerged 40 years or so ago around here, was an attempt to push the envelope of the restrictions in existing zoning regulations by agreeing to additional conditions, This proposal expands that idea.
It will apply only in mapped Urban Growth and Utility Enclave areas, though the boundaries of those areas have a way of expanding unexpectedly or as the staff report puts it “Much of the UGAs and UEAs are not completely formed.”

Although it is billed as an “objective” approach to development review, it is based on the assumption that if the area is mapped within something called the Transit-Supportive Development Area– most of the areas along main thoroughfares outside cities—the development site has adequate infrastructure– at least when it comes to water and sewer service– for the addition of subdivisions containing up to 15 new homes per acre.

The ordinance is carefully worded to omit mention of other infrastructure deficits. If the stealth approval of new residential subdivisions means your kids are going to more overcrowded schools or your daily commute takes longer, this new ordinance is technically not to blame.
That’s because the Florida Legislature in cooperation with the development industry and the last two development-friendly governors did away with the state growth law requiring roads and schools to keep up with growth years ago and limited citizens’ rights to complain about it in court.
This is definitely part of a growing trend to grease the skids for development reviews by county planners whose staff reports—at least in Polk County– typically go out of their way to tout the advantages of any development that comes before them anyway.

Because of some restrictions imposed this year by the developer-controlled Florida Legislature, this ordinance will be available only to developers who voluntarily agree to abide by it. It also probably will be limited to developers who can justify their business decisions by being able to market to higher-end homebuyers willing to pay for the additional amenities. Affordable housing will occur elsewhere.

The proposed ordinance will expire at the end of 2024 unless the County Commission is happy with how it worked out.

In the meantime, you might want to watch and see how this works out in your neighborhood.
If you are unhappy, show up in Bartow and tell commissioners what you think.

Everglades to Gulf Conservation Area Initiative

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Everglades to Gulf Conservation Area Initiative

Throughout its history, Florida has been a favored destination for retirees, lured by its sandy beaches and year-round tropical climate. However, in recent times, the state’s lenient COVID-19 restrictions and the availability of affordable housing have triggered an influx of over 1,200 individuals daily. This rapid population growth and its subsequent impact on the environment have become a cause for concern.

Compounding these concerns are the effects of climate change, which have forced numerous coastal residents to migrate inland especially after Hurricane Ian. As a result, our lush green spaces are seemingly vanishing at an alarming rate.

A recent federal proposal seeks to address these problems by creating the Everglades to Gulf Conservation Area, covering 12 counties from the Everglades’ headwaters in the vicinity of Lakeland down to the southern sawgrass prairies. This conservation area will extend protection to freshwater marshes, pine flatwoods and agricultural pastures along several important watersheds including the Peace River, the Myakka River, Fisheating Creek and the Caloosahatchee River. The proposed protection comes at a time when the effect of water draining and excessive development have cause water shortages. Protecting these watersheds are key to a water sustainable future.

The Everglades to Gulf Conservation Area draws inspiration from the Everglades Headwaters and National Wildlife Refuge and Conservation Area, established in 2012, where approximately two-thirds of the land was designated as conservation easements. Under the new proposal, 90 percent of the land will be obtained through conservation easements, while the remaining 10 percent will be acquired by the United States Fish & Wildlife Service to facilitate natured-based activities such as hunting, fishing, photography, and cultural experiences.

These new conservation lands will be part of the National Wildlife Refuge System and will serve to protect many endemic and endangered species by providing room to roam. Additionally, they will provide wetland restoration opportunities to recapture water and help the Everglades.   

Why The Math Equals A Yes Vote On Nov. 8

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Why The Math Equals A Yes Vote On Nov. 8

By Tom Palmer

When the 1994 environmental lands referendum funding was set to expire, the discussion among Polk County commissioners went something like this.

There was already a lot of protected land in the county and what’s the point to going further?

But if you listen to critics of many developments, a recurring theme involves the disappearance of trees and wildlife from the property.

Looking more broadly, a recent column that ran in the Tallahassee Democrat raised the issue of how much conservation land Florida needs.

The column described Florida’s national ranking and calculated that there is only 0.4 of an acre per capita, arguing land acquisition has not kept pace with population growth.

Here in Polk County the situation is worse.

The calculation comes out to about 0.2 of an acre per person.

Without support for additional land acquisition as proposed on the Nov. 8 ballot, the deficit will just get worse as Polk’s population approaches 1 million residents.

To learn more about the effort, go to polkforever.com.by 

Polk Forever Endorsements Growing

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Forever Endorsements Growing

by Tom Palmer

Polk Forever’s efforts to secure funding for renewed environmental lands funding in the Nov. 8 election continues to draw support locally and from around the state.

So far all of the news is positive.

That is a contrast to the 1994 referendum, when land preservation advocates faced organized opposition.

One of the latest endorsements comes from 1000 Friends of Florida, a statewide organization dedicated to supporting sustainable community planning.

“Preserving critical natural lands in Polk County would protect the county’s water supply, wildlife, natural beauty and quality of life,” the endorsement said, adding  “ It would fortify Polk’s reputation among residents, visitors and employers as a great place to live, work, study and play.”

Earlier statewide endorsements have come from Sierra Club Florida, Audubon Florida, the Florida Wildlife Federation and the Florida Ornithological Society.

In its letter endorsing the Nov. 8 referendum, FOS President Ann Paul said the Polk Forever initiative “will provide essential funding to accomplish goals that protect wildlife, including birds, in Polk County” in line with the organization’s previous vote to support the Florida Wildlife Corridor program.

In addition to statewide endorsements, the Polk Forever referendum has been endorsed by a number of local and regional organizations.

They include Lakes Education/Action Drive, Green Horizon Land Trust, Friends of the Polk County   Parks Foundation, Lake Region Audubon, the Tampa Bay Conservancy and Audubon of Southwest Florida.

More endorsements are being sought and are expected between now and the Nov. 8 election.

Polk Commissioners Give Environmental Lands Vote A Go

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The Polk County Commission voted 3-2 Tuesday to approve an ordinance to put a referendum on the Nov. 8 ballot to seek voter approval to resume a tax levy to buy more environmentally significant land in Polk County.

Marian Ryan, conservation chair for the Ancient Islands Group and a member of the board of Polk Forever, the group formed to promote passage of the referendum, said after the vote that she was pleased with the outcome of the vote.

“We are grateful the voters will be given an opportunity to conserve more of water, wildlife and wilderness resources that makes Polk County so unique and such a desirable place to live,” she said.

The measure approved Tuesday would, pending voter approval, levy a tax of 20 cents per $1,000 of taxable property value for 20 years to either purchase and manage environmentally significant land or to purchase conservation easements that would protect large tracts of ranch and forest lands from being development while allowing traditional private agricultural practices to continue.

The tax would cost the typical homeowner $30 a year. Opposition Tuesday came from Commissioners Neil Combee and George Lindsey. Combee argued the time wasn’t right economically to ask for a new tax. Lindsey argued the proposed tax rate should be halved because it would otherwise generate more revenue than he thought was needed.

In reality, this is the first real opportunity local environmentalist have had to bring back a measure similar to the one voters approved in 1994 expired in 2015.

That’s because a series of other tax measures to raise money for indigent health care, school facilities and roads and transit had been placed on the ballot at successive general elections since then and the thinking that asking voters to consider two tax measures on the same ballot would have been unwise.

Additionally, it is hard to accurately predict future revenue growth and what opportunities might become available that would require adequate funds to accomplish.

Now that the future of the referendum has been decided, Polk Forever board members will be gearing up their campaign to persuade voters to support the measure by scheduling speaking engagements at civic clubs and other groups around the county, seeking campaign donations to support their outreach efforts and seeking endorsements.

For more information on the campaign, its goals and how you can support it, go to polkforever.com .