Home > Legislative Tracker > Land Acquisition/Babcock Ranch

Habitat and Lands:
Land Acquisition/Babcock Ranch

Our Position: support, with concerns
Bill Number: SB 1226/2102/HB1347
Sponsor: Senator Paula Dockery/Senator Bennett/Representative Williams
Legislative Session: 2006

7/5/06: Approved by Governor; Chapter No. 2006-231; See also HB 1249 (Ch. 2006-185) on Tuesday, June 20, 2006 8:17 AM

5/14/06: 5/5/06:HB1347 passed as amended by Dockery, ordered enrolled

PASSED: 5/5/06: Babcock Ranch money & land management: SB1226/HB1347: There were plenty of amendments filed to SB1226 on the last day of session to rewrite the bill to make the House and special business interests happier. The House and Senate were having a tug of war on the land management issues as we have described before in the Tracker. Bottom line is the House wanted to have more multiple use activities, silviculture (making cypress mulch out of the cypress and intense timbering TO GENERATE MONEY), but what Senator Dockery did was very “sheroic” because she withdraw all of them, took up SB1226 as amended on 5/1/06 and  replaced Representative Trudi Williams’ bill with the complete contents of the better version of the bill, SB1226. They then laid SB1226 on the table and the Senate then passed HB1347 as amended and sent it to the House, and the House voted at  8:37 pm that evening,  to keep the bill from dying altogether as the session was ending.  The Senate language shuts down the cypress and timber cuttings, and other problems we had with the House version. Kudo's to the Senate for sticking to their bill. The bill was ordered enrolled and sent to the Governor.

5/5/06: Senator Dockery amended/replaced HB 1347 with SB1226. The Senate sent it to the House and the House passed the bill. Now ordered enrolled.

4/29/06: SB1226 by Dockery, will be amended on Monday, but not with the same amendments that Representative Williams did to HB1347. We DO NOT SUPPORT WILLIAM'S BILL. Thank goodness. Senator Bennett's bill SB2102 is in better shape than HB1347. SB1226 is about the funding to purchase Babcock, but HB1347/SB2102 by Bennett, is about funding and land management.

HB1347/SB2102: HB1347, Babcock Ranch land management is on Third Reading for Monday, May 1, 2006. Senate bill SB1226 by Senator Dockery (funding) is on Senate Calendar, Special Order. Senator Bennett’s version, SB 2102 (funding and land management, is on Senate Calendar, Second Reading), is similar to the House bill before the bad amendments were adopted, and is the better choice at this time. So we are opposing Representative Trudi Williams’ bill and supporting Senator Bennett’s bill, with NO amendments.  The House bill was amended by Representative Trudi Williams this past week for increased multiple use activities. (see www.florida.sierraclub.org/Tracker for more information.) The amendments don't do enough or anything really, because  in HB1347,  Section 2, Paragraph (1)(f) now provides as follows:
 “The following ranch operations shall not be prohibited or restricted
 except by general law:
 1. Silvicultural operations, regardless of species and location.
 2. Tenant farming.
 3. Hunting leases.
 4. Any other bona fide agricultural use.”

 THIS SECTION MEANS THAT THE LEGISLATURE HAS TO DO SOMETHING TO DEFINE WHAT  THE RANCH OPERATIONS ARE...AND SO FAR, WHAT THEY HAVE IN THIS BILL IS  “MULTIPLE USE,” AND THE AMENDMENTS IMPLY "BEST MANAGEMENT PRACTICES."

BABCOCK RANCH ISSUES (H 1347/S 2102) – PROBLEMS WITH THE HOUSE BILL (Prepared by the Florida Wildlife Federation)

It permits expanded cypress harvesting in wetlands in direct conflict with the state purchase agreement and other policies protecting wetlands.*

It encourages tenant farming activities in addition to those that presently exist rather than reducing them as required by the state purchase agreement.

It provides that the commissioner of agriculture has a veto over management activities.

It fails to recognize that the purchase is made for conservation purposes pursuant to florida forever.**

It fails to provide any provision for public hunting.

It is important to note that the Senate Babcock bills do not contain these bad provisions and should be supported in place of this House bill.

*Harvesting naturally grown cypress trees (almost exclusively for garden mulch) is tremendously destructive of wetlands. The physical impact of the harvesting machinery can not only destroy the water regime that holds, filters and allows evapotranspiration of rainfall, it is also destructive, either temporarily or permanently, of valuable wildlife habitat. Not only hunted species such as deer, turkey and hogs may be reduced, but also many endangered species of wetland animals that may exist no where else such as various types of frogs, lizards, etc., can be destroyed. Though properly controlled harvesting can reduce some of these impacts, others cannot be avoided regardless of the care taken.

 **Properties that are purchased for reasons other than conservation may be surplussed without cabinet approval as is required in the Florida Constitution for conservation lands.

4/22/06: Representative Trudi Williams (and soon Senator Bennett), amended her bill to open up the door to multiple use activities on the Ranch to increase the agriculture activity, such as CYPRESS mulching, trumping the Contract agreed to by the developer and Governor and Cabinet. The Land management activities have expanded to the detriment of the wilderness and wildlife habitat.

1 "Working ranch" to mean those activities necessary to accomplish the goals of multiple use and sustained yield of the renewable surface resources, and includes but is not limited to silvicultural operations regardless of location or species, pasture management, livestock management, native plant nursery operations, apiary operations, sod farming, eco-tourism, tenant farming, hunting leases and horticultural debris disposal.

4/4/06: HB1347 did not move this past week. Both Senate Bills SB2102 passed Government Oversight and Productivity and SB1226 passed General Government Appropriations Committee and now is on the Senate Floor Calendar. These bills are the vehicles for the $310 million for the purchase of the 74,000 acres as per the contract.

HB1347: Babcock Ranch Preserve Act sets up a not-for profit corporation incorporated in state... by Representative Trudi Williams. Click here to find out more about HB1347.

Status

4/22/06: Both senate versions are now on the Senate Floor calendar, second reading. Senator Bennett intends to follow Representative Trudi Williams in her effort to increase the MULTIPLE use Activities on Babcock Ranch.  The House bill will be on the House floor next.

4/14/06: HB1347 on House Agriculture and Environment Apptns Committee 4/17/06

4/4/05: SB1226 passed General Government Apptns, now on Senate floor calendar

SB1226 sent to the following committees:  Referred to Environmental Preservation; Government Efficiency Appropriations; General Government Appropriations; Ways and Means

SB1226 will be up in Senate General Government Appropriations,  04/04/06

SB2102 is on the agenda:General Government Appropriations,4/18/06

Similar to SB2102: GENERAL BILL by Bennett  (Linked CS/SB1226, Similar H1347)
  Babcock Ranch Preserve Act; creates said act; creates Babcock Ranch,
  Inc., a Florida not-for-profit corporation; provides for corporation to
  be governed by Babcock Trustees; requires that each trustee obtain
surety bond of specified amount; requires that corporation adopt bylaws;
  provides requirements for comprehensive management plan; requires that
  corporation be subject to certain state laws & rules governing
  procurement of commodities & services, etc. Creates 259.1053

Action Needed

4/22/06: Contact Your legislator in the House and Senate and tell them you want the "increased multiple use land management activities stripped out of HB1347 and do not support this in any of the Senate bills.

SB1226:03/14/06 SENATE CS by Environmental Preservation; YEAS  8  NAYS   03/15/06 SENATE Now in Government Efficiency Appropriations -SJ 00260
  03/17/06 SENATE On Committee agenda-- Government Efficiency Appropriations,
                  03/23/06, 2:45 pm, 110-S

Contact

For information regarding the local comprehensive plan amendment challenges, contact Sue Reske, Chair of the newly created Greater Charlotte Harbor Group, Florida Chapter Sierra Club. sreske@comcast.net

Background

During the fall, the Chapter Conservation Chair, Betsy Roberts and lobbyist Susie Caplowe testified before the Governor and Cabinet on the Babcock Ranch contract. Representing the position that while we were supportive of the land purchase, we did not want the water resources of this state to be owned by the developer. We won that argument. Now, while the Chapter is supportive of funding for this land purchase to come from General Revenue, not Florida Forever funding, we also are concerned that the local comp plan process will be ignored. The local group is working on that, while we are working on funding through the legislature.

3-6-06:SB 1226 by Senator Paula Dockery:General Land Acquisition/Babcock Ranch; authorizes distribution of certain moneys into Florida Forever TF for cash purchase of state's portion of Babcock Ranch; provides for debt service payments on Florida Forever bonds, if any, issued to purchase state's portion of said ranch; authorizes use of funds in Conservation & Recreation Lands TF for management, maintenance & capital improvements for conservation & recreation lands, etc. Amends FS. EFFECTIVE DATE: Upon becoming law except as otherwise provided.

House HB1347 Companion by Representative Trudi Williams. While this bill is similar to Senator Dockery's there are differences that the Protecting Florida's Native Habitat Committee is discussing. So stay tuned for further updates as to Chapter's position on this legislation.