A politician should have three hats: One for throwing into the ring, one for talking through, and one for pulling rabbits out of if elected.
-Carl Sandburg

By Barbara Wunder, FFVA Communications Manager

The Florida Legislature managed to pull a rabbit out of its hat during the past couple of weeks. Lawmakers met in special session to close a budget gap that’s expanding like an alarming sinkhole.

They had no choice. The Florida Constitution says budget deficits aren’t allowed. The only duty the Legislature must do is pass a balanced budget. And revenues have been shrinking in this economic climate.

During what is called the “extraordinary session,” several possible solutions were put on the table. One was cutting funding to certain programs; another was using money in special savings accounts. Those include one funded by taxes or fees imposed on goods and services such as nitrogen fertilizer, pesticide registration and other agricultural funds meant to be used for research into Best Management Practices for many fruit and vegetable crops.

“One that the legislature did tap is the Department of Agriculture’s General Inspection Trust,” said Butch Calhoun, FFVA’s director of government relations in Tallahassee. “They cut $1 million from it and rolled that money into the state’s general revenue fund as part of a five to six percent cut to the department.”

The University of Florida Institute of Food and Agricultural Sciences’ budget also was cut by four percent. “The Department of Environmental Protection, on the other hand, was dealt a 12 percent cut,” Calhoun said.

Until recently, another target was the elimination of certain sales tax exemptions – including those that help the state’s fruit and vegetable growers to be competitive with other states that enjoy tax breaks. At this point, that may be on the table for the regular legislative session.

Gov. Charlie Crist had submitted a budget plan Dec. 23 that cut spending, borrowed money and shifted funds to avoid layoffs of state employees and tax increases. During their spare holiday moments, members of the Legislature reviewed the governor’s proposals and on Jan. 3 started work on patching the holes.

The result -- a combination of $1.2 billion in spending cuts plus increased traffic fines, money taken from reserves, trust funds and the Lawton Chiles Endowment Fund -- should result in the budget shrinking by about $2.8 million. On Jan. 14, the House approved the cuts 74-43, with the Senate voting 27-13, mostly along party lines.  

FFVA's Butch Calhoun meets with  Senate Ways and Means Committee Chairman J. D. Alexander.

ON TO THE REGULAR SESSION

The next issue for lawmakers to tackle is slashing as much as 15 percent across the board from next year’s budget. So any proposed legislation that comes with a price tag has virtually no chance of passing.

The state’s agriculture industry is mainly playing defense this year. Among legislation that would have a negative impact on producers is the Florida Springs Protection Act, already filed, which would put protection zones around first-magnitude springs, impacting agricultural producers. The bill would establish a pilot program for the protection of Ichetucknee Spring in Columbia County, Rainbow Spring and Silver Spring in Marion County, and Wakulla Spring in Wakulla County. It would require state agencies to assess nitrogen loading from lands within each spring protection zone, evaluate existing management activities and develop and begin implementing management plans to reduce adverse impacts to the springs.

“North Florida would be impacted because of the number of springs there surrounded by ag land,” said Calhoun.

Although being on the defense is a top priority, the industry also is doing its best to carve out proactive legislation that would benefit producers.

A tomato safety bill, part of a larger agricultural industry bill, would provide a “safe harbor” for tomato growers who comply with food-safety regulations that went into effect last July. Florida is the only state in the country to have mandatory food-safety guidelines for the production of fresh market tomatoes. The legislation would exonerate producers who play by the rules in the case of another salmonella outbreak.

Another bill would clarify the Bert J. Harris Jr. Private Property Rights Protection Act, the 13-year-old law that calls for private property owners to be compensated when they are not allowed to use their land to its best advantage. When a government agency adopts a regulation that would have that effect, the landowner would have more than the two years now allowed after implementation of a rule. He or she would instead have two years only after taking an action having an impact takes place.

A measure that would revise the definition of an agricultural enclave also is in the works for the upcoming regular session. It would allow landowners to apply for an amendment to the local comprehensive plan that is consistent with already-approved developments that surround the agricultural land.

Some environmental groups oppose another bill that would prohibit county governments from imposing stormwater fees on agricultural lands that have an ag discharge permit or have implemented Best Management Practices approved by the Florida Department of Agriculture and Consumer Services. Opponents say the BMPs have not demonstrated their effectiveness in attaining water-quality standards.

Another bill would expand the sales tax exemption for electricity used by on-farm fresh fruit and vegetable packinghouses to include electricity used by packinghouses not located on farms. The exemption would create a more level playing field for Florida producers to compete with those in other states that have such an exemption.

LEGISLATIVE INDUSTRY ALLIES

Sen. Carey Backer, head of the General Government Appropriations Committee is shown here accepting FFVA's Legislator of the Year award.

Sen. J.D. Alexander will chair the chamber’s Ways and Means Committee, which is responsible for budget oversight. Sen. Carey Baker will lead the General Government Appropriations Committee, and Sen. Charlie Dean will chair the Agriculture Committee.

In the House, Rep. Baxter Troutman will chair the General Government and Policy Council, Rep. Trudi Williams will head the Agriculture and Natural Resources Policy Committee, and Rep. Ralph Poppell is set to chair the Natural Resources Appropriations Committee.

As the session develops, FFVA members will continue to be up to date via the Capitol Voice (formerly Capitol Rap), the bulletin published by FFVA’s Governmental Affairs Division. Members should expect to receive the first issue shortly before the regular session begins. The bulletin will also be e-mailed to members and posted at www.ffva.com in the members-only section of the site. We hope you take the time to familiarize yourself with these issues and make your voice heard.