Urge Governor DeSantis to Veto SB 540 and the Fertilizer Ban Provision

SB 540/HB 349 made its way through the House and Senate and is now on Governor DeSantis’s desk. This legislation would make it almost impossible for citizens to challenge potentially detrimental planning decisions at the local level for fear of being required to pay the hefty legal fees of developers and local governments. Potentially at jeopardy are millions of dollars in Everglades projects and many local growth management plans.

Unfortunately, another measure was included into the state’s budget language at the final hour that would harm Florida’s waterways. The measure would prohibit local governments from adopting ordinances with rainy-season fertilizer bans for this fiscal year, while the issue is studied. However, 17 counties and over 100 municipalities have had such bans in place for many years and there is overwhelming evidence, both scientific and anecdotal, that they do work to improve water quality. Because the request is part of the budget bill, it was not heard by any committee.

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Governor Ron D. DeSantis

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We ask that you veto any proposed legislation that runs counter to the executive order you signed on January 10th, calling for agency coordination to achieve "Even More Now for Florida's Environment." Two measures in particular, are aimed at undermining long-term comprehensive planning that ensures sustainable growth and preventing local efforts to improve water quality to meet nutrient load reductions under Basin Management Action Plans.

Specifically, please veto SB 540, which would prevent engaged citizens from challenging potentially reckless local government planning decisions. By threatening Floridians with the prospect of being required to pay attorney fees and costs of local governments and developers, the bill effectively removes community members from the community planning process. The ability for FDEP to engage with local governments to ensure sustainable growth while protecting natural resources is dependent on comprehensive plans that are resilient to detrimental development authorizations. Strengths and weaknesses of these plans often come to light through engagement with the affected community.

Also, please veto the proviso following line item 146 in SB 2500 reading in part "...$250,000 in nonrecurring funds shall be used by the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) to evaluate the effectiveness of the timing of seasonal fertilizer restrictions on urban landscapes toward achieving nutrient target objectives for waterbodies statewide." Over 100 local municipalities and 17 counties have adopted such measures to reduce nutrient pollutants into our waterways and ultimately, it is those local governments that are responsible for meeting pollutant reduction goals. There is broad support and a large body of evidence demonstrating that seasonal fertilizer blackout periods are effective. Conversely, there is no reason to hamstring local governments by prohibiting new ordinances while the issue is further studied.

Sincerely,
[Your Name]
[Your Address]
[City, State ZIP]
[Your Email]

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