Florida Legislature, adhere to Amendment 1's land purchase-conservation goal
Amendment 1 held the promise of pumping vastly more money into land acquisition and conservation as well as water preservation by forcing the Legislature to bend to the will of the people. After years of paltry allocations and trust fund raids, voters overwhelming approved the amendment in 2014 with high expectations.
Those were dashed last year. Obstinate legislators are poised to again sidestep the intent of the initiative.
Amendment 1 designates revenue from documentary stamp taxes on real estate transaction for land purchases. The stamp tax is forecast to yield $652 million in the coming year with a third dedicated to Amendment 1 programs.
Before the Great Recession, the once acclaimed Florida Forever land acquisition program had been receiving $300 million annually, but then lawmakers started sweeping trust money into other budget items.
The Legislature clearly snubbed voters last year by only putting $17.5 million into Florida Forever. This year is somewhat better but still falls far short, with the House appropriating $80.2 million and the Senate $82.6 million, but most of that money fails to fulfill the amendment's intent. (Both chambers set aside $27.7 million for Everglades land purchases.)
While House and Senate leaders defend their Amendment 1 allocations, an Audubon Society analysis shows the Senate proposal only directs $52 million into Florida Forever. Almost all of the House's $80 million budget is earmarked for water resource projects and conservation easements in which landowners are paid by the state to not develop their property. The House appears to be downright hostile to land acquisition.
Vague language in the amendment opened the door to interpretation, and legislators are taking full advantage of that to undermine its intent and misappropriate funds.
Current legislation places construction of sewer and water supply systems under the Amendment 1 umbrella -- even though that infrastructure supports development, not conservation. Initiative money is also being spent on pickup trucks, paying firefighters and helping farmers establish anti-pollution procedures.
The state lottery was sold to voters in 1986 as a boost to education, but instead lawmakers shifted general revenue spending on schools and replaced that money with lottery dollars. Here, conservation money is also funding ongoing expenses, thus freeing up funds for other allocations.
Last week, Senate Majority Leader Bill Galvano, R-Bradenton, beat down a budget amendment that attempted to restore $222.5 million to Florida Forever -- ruling the measure "out of order" because the chamber's proposed budget would then be out of balance.
The sponsor of that amendment, Sen. Thad Altman, R-Melbourne, was rightfully livid and pointed out the budget allocation process is "completely out of the sunshine" -- in secret, without public input and even without interaction from legislators.
The public certainly earned the right to speak out on Amendment 1 allocations since 75 percent of the electorate approved the measure. Just as lawmakers abhor citizen initiatives that meddle with legislative prerogatives, they shun constituent input on major budget matters as a threat to their power. Shameful.
On Amendment 1, environmental organizations are waging a legal battle, arguing in a lawsuit that the Legislature is violating the Constitution and misusing Amendment 1 money. The plaintiffs seek judicial clarity on the measure's language and intent, seeking a ruling that Amendment 1 funds be spent only for buying, improving and maintaining land and water resources.
If granted, that reasonable request would put the Legislature in its place -- accountable to the people.
This story was originally published February 19, 2016 at 12:00 AM with the headline "Florida Legislature, adhere to Amendment 1's land purchase-conservation goal ."