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Florida Homeowners for Fair Treatment |
Because Democracy Works. |
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| SUBMERGED LANDS LEGISLATION - Last Update: August 18, 2010 |
Dear Fellow Supporters, Update as of August 18, 2010 Donations needed! Our expenses include our lobbyist, website maintenance, communication efforts, etc. Please send your donations to: Terri Pentek Make checks payable to: Florida Homeowners for Fair Treatment Please include: your name, address, email address, phone number, association, number of units/number of slips, county. If you submitted this information previously it will not be necessary again. For those of you who have so generously contributed in the past: THANK YOU! However, we need your continued support as well as everyone who is new to our coalition. The NewsThanks to your continued participation, we are making progress on our goal of trying to put legislation in place to protect us from the efforts of the Department of Environmental Protection (DEP) to drastically increase submerged land lease fees over the past few years. Our recent conference call on August 5, 2010 with the Office of Program Policy Analysis and Government Accountability (OPPAGA) was a good open dialogue. Agreement was reached on two key points: (1) The lease fee structure and language in the Florida Statutes and Florida Administrative Code is very complex and confusing and needs to be streamlined. In addition to these points we have agreed to review SB1012 from the 2009 Legislative Session and submit our comments and changes to create a bill that Florida Homeowners for Fair Treatment could support. The OPPAGA staff has agreed in turn to analyze our draft language from the 2010 Session and offer their comments as well. As we continue to work with the OPPAGA staff on this study we are also directing our efforts in other directions in preparation of the 2011 Legislative Session. We will be having a meeting on August 27, 2010 with our lobbyist to plan our strategy moving forward.
We have contacted all 3 gubernatorial candidates for their position on our issue. To date only Rick Scott’s office responded: “ As I indicated during our call, I have not had the opportunity to speak with Rick about this specific subject, however I can tell you that rules such as the one we discussed are the types of regulations that Rick believes need to be reviewed in order to determine if they serve a valid public purpose, if they are fair and if they should be eliminated. As Governor, Rick will not support any increase in the fees you are currently paying and I am sure he will be willing to have the DEP regulation in question reviewed.” Remember that the DEP attempted to get legislation passed during the last three years!! 350% increase in 2008 In 2010 the bill was not introduced due to the proactive and offensive actions of our coalition. We have again prevented ANOTHER huge increase and saved everyone thousands of dollars this year. This proves that we need to continue our goal of trying to get legislation in place to protect us from these runaway fees and increases. What can you do to support our efforts moving forward? 1. Donations are needed for expenses incurred which include our lobbyist, website maintenance, communication efforts, etc. Please send your donations to: Terri Pentek Make checks payable to: Florida Homeowners for Fair Treatment Please include: your name, address, email address, phone number, association, number of units/number of slips, county. If you submitted this information previously it will not be necessary again. For those of you who have so generously contributed in the past: THANK YOU! However, we need your continued support as well as everyone who is new to our coalition. Please continue to spread the word. We have brought significant awareness to our situation and continue to do so. Your sustained support is greatly appreciated!! Sincerely, Terri Pentek Priority38@aol.com August 4, 2010 As the summer progresses we continue to work with the legislature and policy makers to change the Rules in the Florida Administrative Code. If we can get a resolution to our issues and change the DEP’s rules and procedures via this format we can eventually enact legislation. We are continuing to try and resolve this problem by creating pressure from the legislature. As you know the legislature is working on the OPPAGA (Office of Program Policy Analysis and Government Accountability) study request that was passed during the 2010 Legislative Session and having them expand on the OPPAGA study that was done in October 2008 (published in the Senate Interim report). Our request is to study in more detail the specific issues of how submerged land leases are administered to private multi-family residences. If the rules and procedures aren’t changed by session via legislative pressure, then the legislature will need to change the law during session to assure DEP compliance. We have a conference call set up for August 5, 2010 with the head of the Environmental Committee, the President’s (Senate) office, Senator Fasano’s office, our lobbyist, Travis Moore, and myself. We will have an update on this conference call shortly. We have also sent out letters to all 3 candidates for governor requesting their position on our issue. Emphasis was placed on the fact that thousands of waterfront property owners are concerned about the unfair and runaway costs imposed by the Florida Department of Environmental Protection (FDEP). As we hear back from these candidates, updates will be forthcoming. We are also meeting with legislative candidates and continue to bring awareness to our issue. As candidates are meeting with you in your neighborhood invite them to discuss policy issues. Set up town hall meetings if possible and raise your concerns. I cannot emphasize this enough! Again, we are working on several fronts to promote our cause and we urge you, as homeowners, to do the same. We will have more information for you shortly and, as always, please continue to spread the word. This is of vital importance. May 21, 2010 Due to your participation and involvement, Florida Homeowners for Fair Treatment (FHFT) picked up significant momentum during the recently concluded 2010 Legislative Session. With your help, FHFT had a full time presence in the halls of the Capitol every moment of the Session. In an effort to address significant budget shortfalls, an effort was once again mounted to raise revenue by attempting to significantly increase (up to 425%) the state’s submerged land lease fees. Because of our advanced advocacy efforts we were able to derail this attempt before it became introduced as legislation or in the annual Appropriations Act. We diligently monitored and reviewed scores of amendments as the legislative process unfolded to make certain no attempt at raising fees gained any traction until the already unfairly administered lease process has been reformed. To that end we were successful in getting the Legislature to finally agree that the current submerged land lease process is inherently unfair to multifamily residential communities. However, there was no agreement on how to plug what would be a more than $3 million annual shortfall without significantly reducing DEP related services the revenue is allocated to cover. But “we can’t” isn’t good enough for the FHFT. So we used our political capital to force language into a Senate bill which would direct the Office of Program, Policy Analysis and Government Accountability (OPPAGA) to do a study on the current situation, with direct input from FHFT, and make legislative recommendations on how to adequately reform the process. This language provided FHFT with just the leverage we needed to immediately bring all the stakeholders to the table. Because there were concerns that the bill might not pass due to unrelated circumstances, (as you know, the legislative process is extremely unpredictable), we immediately moved to rally consensus around a legislative request by Senator Fasano for the study to be conducted. Attached is the request he made on our behalf with appropriate sign off by other interested industries who are now supporting this effort. (CLICK HERE TO SEE THE REQUEST). As you will notice, the request lists FHFT’s “talking points” describing how unfair the current submerged land lease fee structure is. This report must be completed by October 1, 2010, in time for the next round of interim Legislative Committee meetings. We have already provided Senator Fasano and Representative Patronis (who was also instrumental in getting this OPPAGA request submitted) with our website info and contact information regarding Florida Homeowners for Fair Treatment (www.fhft.org). In our continuing efforts to rectify this situation and bring more awareness to our cause we are working on a “bulletin board” on our website (www.fhft.org) where individuals/associations can post some of their experiences with submerged land lease /DEP issues, etc. This website is being provided to the legislative group conducting the OPPAGA study and any updates/past or current experiences relating to submerged land lease issues would be of great interest. In addition to everyone’s great support and response to our emails and updates during the 2009 and 2010 Legislative Sessions it is of vital importance to CALL &/OR WRITE (not just email) your local Senators and Representatives. With the 2010 elections coming up this fall it is important to let your legislators know what is going on and how we need this unfair situation addressed. WE NEED TO KEEP THE PRESSURE ON AND THIS ISSUE IN THE FOREFRONT!! Another initiative we are developing, with your assistance, is to schedule informal local “town hall” meetings to discuss this issue and solicit more input from various groups and associations. We would appreciate any inquiries/interest regarding this idea. May we come to your community? Please let us know right away so we can schedule and advertise these events. Please continue to monitor this website (www.fhft.org) and add your input to the new “bulletin board” which should be ready in the next 2 weeks. Your continued support is greatly appreciated and we need to keep building on the momentum we have and keeping the pressure on. As the OPPAGA study moves forward we will continue with our updates. Give yourself a moment to say thanks! For the 2010 Session, when the Legislature was once again looking for revenue from a variety of sources, YOU were able to keep another huge increase (425%!!) from being passed. April 21, 2010 It has been a very hectic legislative session with all of the issues we have been dealing with compounded by Florida’s budget shortfalls. Per our last update we were working on an amendment to be added to SB1118 (Senator Altman’s bill) that would direct the Office of Program Policy Analysis and Government Accountability (OPPAGA) to conduct a study on our specific issues. Senator Fasano was able to get this amendment added to SB1118 however when it went to the House some new concerns were raised because of the generalizations of the Florida Statutes to which we were referring. We have worked with the Legislature to create a request and develop new language that is more specific to our unique situation. In doing do we have gained the support of the yachting and marine industry along with the aquaculture industry. The request needed to specify that it would not encompass commercial marinas, aquaculture or oil and mineral leases. Senator Fasano is directing this letter to the Senate President and House Speaker requesting OPPAGA to conduct this study. Because this request is being made now and with the support we have behind it, it is not necessary for an amendment. Within a few days the request will be finalized by Senator Fasano’s office and put in motion. The next update will have the request for the OPPAGA study along with any other current information. As always, your continued support is greatly appreciated. April 6, 2010 SB1118 by Senator Altman relating to docks is scheduled to be heard by the Senate on Tuesday April 6th. We have worked with Senator Fasano to develop the following language to be amended onto this bill: Section 4.The Office of Program Policy Analysis and Government Accountability shall conduct a study and prepare a report on the effects of rules relating to the state’s sovereign submerged lands on private, multifamily residential dwellings. In conducting the study, the office shall solicit input and information from relevant stakeholders, including such homeowner organizations as the Florida Homeowners for Fair Treatment, Inc., and the Space Coast Condominiums Association. The scope of the study must include, but is not limited to, the practical implementation effects of rules adopted pursuant to ss. 253.67-253.75 and part II of chapter 258, Florida Statutes, on multifamily residential dwellings, the current sales tax being levied on the sale of boat slips associated with such dwellings, the basis of the 5-year renewal fee, and the annual income-reporting requirements for nonincome-generating private, residential multifamily docks or piers. The report must be submitted to the Board of Trustees of the Internal Improvement Trust Fund, the President of the Senate, and the Speaker of the House of Representatives by October 1, 2010. We have been successful so far in keeping any increases from being advanced, as was the case in 2009. It is important that the legislators be made aware of the current unfair submerged land lease fee structure as it affects private multi-family residences. It is imperative that you contact your Senator IMMEDIATELY and respectfully ask for their support of Senator Fasano’s amendment to SB1118 so that these issues can be remedied. In the coming days we will be pursuing similar language in the House. Again, TIME IS OF THE ESSENCE!! March 2, 2010 Today is the first day of the annual 2010 Legislative Session. Please take the time immediately to email your local legislators (House Member and Senator) a note similar to the one below: Respectfully, as you begin your work this Session, please keep in mind those of us in your District who reside in multi-family communities and who are treated by the DEP as commercial entities (such as marinas) and therefore pay a much higher submerged land lease fee than single family homes (many of whom don’t pay any lease fee). Please make certain the proper legislative committees of jurisdiction are working to craft a fair and equitable solution. Thank you. Feb. 23, 2010 We are still finalizing the proposed House Bill regarding our submerged land lease legislation. However, it is NOW time to start sending the message to selected Representatives and other staff members involved in this issue. The draft message is on the “Email Your Legislator” page and the message will go to: Speaker Larry Cretul, Representative Trudi Williams, Representative Ellyn Bogdanoff, Representative Baxter Troutman, Susan Reese, Adam Blalock, Michael Kliner, Dudley Goodlette, Aaron Nevins, Amanda Fortuna, and Gino Casanova. As always, we appreciate your support. Please continue to spread the word and encourage others to send the message! February 11, 2010 January 19, 2010 I hope everyone had a great holiday season! The upcoming 2010 Session is about to start and we are ready to go!!
Our team kept working hard in preparation for the 2010 Legislative Session. Our lobbyist, Travis Moore, met again in Tallahassee with House Agriculture and Natural Resources Committee Chair Trudi Williams. This time the meeting included her committee staff director and the attorneys for the committee. They agreed to place the issue of submerged land leases, as they pertain to residential facilities, on the Committee’s agenda for a February workshop in Tallahassee. The goal will be having the committee agree to "fix"/address the issue via a PCB (proposed committee bill) during the session. This is a very "chair" driven process so given Trudi Williams' support, this is a very positive development.
Travis has also spoken again with the Becker & Poliakoff attorney who is assisting with bill drafting and has introduced him to the staff attorneys with the House and Natural Resources Committee.
Since the deadline for House members (not Committees) to request a bill draft from House Bill Drafting is Jan. 22, to keep the "Member bill" as an option, Travis had Rep. Bogdanoff of Ft. Lauderdale submit a bill draft request just using the Mike Fasano senate bill language as a placeholder. That has all been completed.
We are starting the new legislative year off in good shape. As always, we appreciate your support and look forward to a very successful upcoming session. Over the next few months things will get a lot more hectic and updates will be more frequent. Stay tuned!!
December 18, 2009 As we are getting to the end of 2009 we continue to make significant headway. Last week Travis Moore, our lobbyist, was back up in Tallahassee working the capitol on behalf of our issue. He had a very productive meeting with Representative Trudi Williams who chairs the Florida House of Representative’s Committee on Agriculture and Natural Resources (our issue falls under this committee’s jurisdiction). Chair Williams (who is from Ft. Myers) and her staff were very interested (having received our emails on the subject they knew it to be a big concern for many Floridians) and seemed to be willing to have the Committee look into the issue by having a workshop hearing in the coming weeks. This hearing will present the opportunity of creating a solution to our issue by doing a Proposed Committee Bill (PCB). They asked for additional talking points and information to analyze the issue further. We have provided this and will be following up with them in the next few weeks. We are also working with other community association attorneys and getting them connected with House Committee legal staff to get a workable, sensible solution crafted. We will get language out to you as soon as we have something. Thank you for your continued efforts and support. Stay engaged and have a very Happy Holiday season. November 4, 2009 Due to your hard work, we now have some significant progress to report to you. Do not send additional messages to our legislators yet; the time will come for that later. This is just some additional information that will help to keep you informed on this very important issue. A draft of Florida Senate 2010 bill 584 is now available for review by clicking here. Significant additional work is continuing and we should anticipate changes prior to it being finalized. We will continue to provide updates and let you know when the time comes to communicate your thoughts to the various committees and individuals involved in the process. October 12, 2009 If you have already sent the message to the Environmental Preservation and Conservation Committee, it is not necessary to send it again. It is more important to focus on the Agriculture and Natural Resources Committee. Both committees are now hearing the same message as committee deliberations have started. Our bill should be completed this week and ready for final approval. Update from October 6, 2009 As we move into October various legislative committee deliberations will be starting shortly. There is a new message (“Email Your Legislator”) that is addressed to the Environmental Preservation and Conservation Committee (Senate side). When you enter your information (and personalize your message), the Committee members, as well as their legislative assistants and the staff director will be getting your e-mail. Your local legislators (that received the last message) will also be included in this update. It is important that we keep sending the message to all legislators at key times. Our bill is currently being drafted with Senator Fasano’s office and should be ready within the next few weeks. On the House side committee meetings will also start soon and, as stated previously, Representative Bogdanoff will be working closely with key members on our legislation. KEEP in TOUCH and WATCH for UPDATES! In the next one to two weeks our message will change slightly as we address the Agriculture and Natural Resources Committee (House side).Update from September 6, 2009 We have met with Representative Ellyn Bogdanoff of Ft. Lauderdale who is a very influential part of House Leadership as Chair of the House and Finance Tax Committee. This Committee is in charge of approving increases in taxes and fees which generate revenue for the state, including submerged land leases. As chair of this committee she is in a position of certainly stopping “negative” proposals such as what the FDEP attempted last session with SB1012. This is key. Representative Bogdanoff has agreed to make sure the House takes a close look at the unfair way the FDEP currently charges submerged land lease fees to multi-family residences the same as commercial marinas, while single family residences typically pay nothing. She has committed to help secure key House sponsorship of legislation which will serve as leverage to pressure FDEP to modify their rules or face the real possibility of a change in the law. She will work with other House Chairmen to see about having the issue workshopped in committee which could lead to drafting into a House committee bill. Senator Fasano has agreed to again sponsor any companion measure in the Senate. What does FHFT need for YOU to do at this time?
We have generated a lot of support in the past few months from such organizations as: CONA (Council of Neighborhood Associations) Please send your contribution to: Terri Pentek Make the check out to: Florida Homeowners for Fair Treatment, Inc. Please include your email address, association, # of units, # of slips, County, and phone number. Sincerely, Terri Pentek 727-573-5386 (W) Click here to find the potential impact of increased fees on YOUR submerged land lease. |
Interested in the history of this issue? Also, these are our talking points. |
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