After reading SWFWMDmatters post, “Scott
using your tax dollars to get re-elected; FCC's Response to budget signing,”
Florida Senator Alan Hays sent me a note. Below
is the note, and after that, my response.
(The Senator’s note was sent via his Senate office email and
is thus public record, as is my response.)
Here’s the Senator’s
note (verbatim):
-----Original
Message-----
From:
HAYS.ALAN.WEB [mailto:HAYS.ALAN.WEB@flsenate.gov]
Sent: Tuesday, June 03, 2014 9:34 PM
To: Emilio Vergara
Subject: RE: Scott using your tax dollars to get re-elected; FCC's Response to
budget signing (S)
Sir,
|
Senator Alan Hays, DMD
District 11 |
I received
your email and I disagree very strongly with almost everything in it. I'd
invite you to come to Tallahassee and observe the budget process. I have
chaired one of the appropriations sub committees in the Senate for the last
four years. I am the chairman of the Appropriations Sub-Committee for
General Government. My committee oversees the entire DEP budget along
with the budget of the Department of Agriculture and the Fish and Wildlife
Commisson
I expect you
consider me to be a part of the problem, but I am quite proud of the job we in
the legislature have done in these four sessions. While many in the
environmental community, like your self, are critical of our results, I stand
as a proud Senator who definitely does like the environment and I am not going
to quietly be labeled otherwise. We balanced the Florida budget every
year without raising taxes and without going into debt. As a matter of
fact, our State debt has been reduced by more than $3 Billion!! Contrary
to the thinking of many, we do have priorities other than buying land.
Just the budgets for healthcare and education alone, comprise more than 65% of
the entire budget!! Which of those would you suggest we reduce?
I have three
questions for you.....1. How much Florida land is currently owned by
governmental agencies for conservation purposes? 2. How much
Florida land do you think the state should own for conservation purposes?
3. How much money would you have appropriated for environmental purposes
in this recently passed budget?
I hope you
realize I don't mind a civil discussion of the facts but I do want the entire
discussion to be factually based.
Respectfully,
Alan
D. Alan
Hays, DMD
State
Senator, District 11
Here's the
response (verbatim):
Subject: RE: Scott using your tax dollars
to get re-elected; FCC's Response to budget signing (S)
Dear Senator Hays,
Thank you for your
note and the invitation for me to see the legislative budget process that you’d
offer, but I’ve been there and seen it many times. I was never impressed
by how money flows so freely for political rather than public purposes there.
As you suggest, I’ve
tried here to be civil but also direct. I am offering assertions that you
likely do not agree with but I do so anyway in hopes of at least a little
success at being persuasive.
I believe you have
personally made some very real and potentially damaging legislative proposals
as a state senator; decisions and positions that reflect either a serious lack
of knowledge of physical and natural Florida, acceptance of bad advice, or
simply a lack of good judgment. In any case, it is a difficult state of Florida
affairs when such judgment finds itself at the levels of Florida’s government
you find yourself.
Here are several
examples:
Example One: Your proposal to change the definition of Ordinary High Water Line as it is
defined in state law to demark where state sovereignty ownership ends and
private ownership begins.
You proposed a bill
that you said simply clarified the statutory definition when in actuality it
would have transferred hundreds of thousands of sensitive wetland and
waterfront sovereignty acres to private landowners with no compensation to the
public. Your defense of the bill indicated you had not completed a
serious assessment or gained a full understanding of the impact that passage of
the bill would have upon the interests of the public you serve. It would,
for example, have disrupted centuries of public use and important public
purposes represented by those acres, and handed them to adjacent landowners
along with a number of inestimably valuable property rights the new owners did
not have before. Had the bill passed, the public would have been denied
the use and purpose of those important acres while greatly expanding the
potential use and purpose for the new property owners, gratuitously.
Your agreement to
sponsor and promote such an egregious idea was, respectfully, irresponsible and
certainly not something a person who was elected to serve public interests and
“likes” the environment, would find compatible with sincere and effective
stewardship of the State’s unique and fragile environmental heritage.
Perhaps you’d care to share the true genesis of the idea with us.
Was it in anyway a broad appeal from many of your constituents?
Example Two: Your current insistence that since there
are X amount of conservation acres in public ownership, X acres are enough and
there is no reason for more.
This seems to be a
conclusion based upon numbers only and a rather dogmatic position perhaps
grounded in some ill-advised tea party tenet. Any true assessment of how
much of Florida’s remaining natural environment needs to be protected and
preserved must include an accurate understanding of the critical role Florida’s
natural environment plays in its economic future.
To answer the question
in your note regarding the numbers and to underscore the enormous importance of
Florida’s natural character, the State of Florida consists of about 45,650,000
acres of land and water including 825 miles of sandy beaches, 7,700 lakes,
12,650 miles of streams, 1,350 miles of general coastline, 2,276 miles of tidal
shoreline, and 8,426 miles of detailed shoreline, according to DEP. Of
this area:
“… federal agencies manage a
little over 4 million acres of conservation lands, the state and water
management districts manage approximately 4.9 million acres of conservation
lands, and local governments manage about 460,000 acres of conservation lands.
Collectively, 9,366,499 acres of public lands are managed for
conservation purposes, including some military and school lands that serve
conservation purposes, even though their primary purpose is not conservation.
In addition, there are 573,551 acres of acquired Conservation
Easements. (http://www.dep.state.fl.us/lands/files/FloridaNumbers_031011.pdf)
Note that the term
“managed” does not necessarily mean publically owned by agencies of Florida.
These numbers
represent the “X” you propose is enough. What the numbers do not tell us
is the answer to these questions:
1.) Can we
afford to say we have enough land conserved and that all remaining natural land
in Florida should be available for exploitation and development to the point it
will no longer be able to offer the values and benefits that natural conditions
provide?
2.) Will the
loss of all the remaining natural land in Florida and the related values and
benefits it cumulatively provides forever change the State’s unique natural
character to the extent that the very reasons so many people desire to visit,
live, play and/or work here is significantly diminished?
3.) Do we know
with virtual certainty that if we suspend all further acquisition of
environmentally significant lands that we will not be allowing by purposeful
design the destruction and loss of, in perpetuity, the State’s most important
economic attributes?
4.) Since the
state has known for several decades that good will and regulations alone are
not sufficient to protect Florida’s water and environmental resources, what
more effective alternative is there than acquisition of land via fee simple or
conservation easement?
My point is, one
cannot look at just numbers and say X acres is enough to conserve. The
more appropriate and critically important question is, have we achieved a valid
balance between that which must be preserved of Florida’s natural environment
to sustain its global appeal and thus its long term economic viability?
There are many, many studies and reports by water management districts and
state agencies which emphatically state additional lands need to be conserved
to achieve specified objectives that serve this overarching goal.
Again, Senator, any
support and promotion of the idea that enough of Florida’s environmentally
sensitive land has been and will be forever conserved is, frankly,
irresponsible and certainly not something a person who “likes” the environment
would find compatible with serious and effective stewardship of the State’s
unique natural heritage.
Example Three: Your apparent pride in cutting taxes and
contention that doing so is in all ways good government.
This idea is just too
simplistic to be functionally valuable. Cutting taxes for its own sake is
not good government. It can and does wield indiscriminate and destructive
impacts upon many good things the people you represent desire and need and
which are fundable under current economic circumstances.
While cutting taxes
using triage judgment during a recession is a given and arguably the
appropriate thing to do, the tea party doctrine that would starve government
out of existence by cutting taxes indiscriminately is a tragically dangerous
position. I’m not saying it’s one you hold but it would appear to be the
mindset of the legislature, of which you were and are by your own submission a
prominent member, when it perpetrated its tax cutting frenzy upon the State’s
environmental protection agencies and particularly the water management
districts.
When you arbitrarily
reduced the districts’ taxing capacities, unrealistically limited the sizes of
their budgets and effectively took unconstitutional control of their ad valorem
taxing authority, you did so without any apparent regard for the impact it
would have upon the State’s ability to carry out its constitutional and
statutory responsibility to protect the environment. Now they struggle to
find enough funds to do the important work of properly and effectively managing
the State’s water resources as well as executing many of the states statutory
responsibilities it has delegated to them. And the legislature, by doing
so, has put itself in the position of having to find funding for many projects
and programs that historically could have been funded by the districts own ad
valorem taxing authority, which is a position the legislature was trying to
avoid when it delegated the programs to the districts in the first place.
I would also venture
to say that a majority of Florida citizens do not mind
paying a few dollars each year for water resource management and protection
and, given the choice, would not mind paying a few dollars more for greater
assurances of clean, plentiful water and a healthy natural environment.
The process of
reducing the districts’ ability to do their jobs effectively included the
forced and totally unprofessional dismissal by Tallahassee directive of
hundreds of scientists and literally thousands of years of scientific
institutional knowledge, which was not done to lower any state tax because
water districts do not levy a state tax. It was done solely to eviscerate the
State’s ability to carry out effective environmental protection that had been
statutorily carefully evolved over 50 years by many responsible leaders of both
parties. It was clearly also done at the behest of such special interests
as members of the Florida Chamber of Commerce, Associated Industries of
Florida, the mining industry, big agriculture, electric power generating companies,
land developers and others who would stand to benefit by reduced protection for
the State’s natural systems. Your support of all this, Senator, frankly,
does not exactly comport with your contention that you “like” the environment.
Regarding what funding
might have been made for the environment this year as opposed to, for example,
education and healthcare, if I recall correctly there was a $1.2 billion
revenue excess over last year which resulted in a plethora of local projects
totaling around $88 million, that the media has reported were not vetted
through the normal legislative budgeting process. Somewhere in that
$1,200,000,000 windfall, there certainly could have been more than what was
ultimate designated for environmental purposes without impacting what was
appropriated for healthcare and education. It would not have been, as you
suggest, a choice between one or the other. Even if many of the local
projects funded are worthwhile, since the water management districts have the
legal responsibility, experience and authority for managing and protection
water resources, it would have been more appropriate for the Legislature to
have provided the $88 million to the districts rather than preempting them and
let them do their jobs.
In any case, the actual
amount of funding that might be reasonable for environmental purposes - given
the $1.2 billion revenue windfall and the importance of a viable and sustained
environment to the future of the state - $500 million would not have been an
excessive amount. As it stands now, you provided $165 million for The
Everglades, $30 million for springs restoration and $17.5 million for
environmental land purchases for a total of $212.5 million. In other
words, if you would return the funding capacity you have removed from the water
management districts over the last 3 years, you could easily add another
$200-$300 million to that state amount for the environment and still have the
balance you now have for the other priorities you mention.
Senator, I’m aware you
were a sponsor of the so-called Springs Protection Bill, SB 1576, which is
something you should surely be proud of. As you know, the House kicked
the opportunity to take significant action to begin repairing Florida’s
declining springs to next year when Speaker Weatherford effectively killed any
chance the bill had for consideration by the House. The concern now will
be, as Rep. Crisafulli takes the helm, what does he have in mind when he refers
to the need to focus on new water policy next session. It is my sincerest
hope that your “definite” like of the environment will allow you to resist
further weakening of the State’s capacity and will to protect its extraordinary
natural heritage and motivate you to look once again to the extraordinary tools
you already have for achieving what the state needs in terms of natural
resource management and water availability for the future.
Senator, you know that
Florida’s water and natural resources are in serious peril. The question
is – what are you going to do about it? More tax cuts, further
suppression of Florida’s environmental protection mechanisms, and the
continuing the apparent new-normal of prioritizing special interests over
public interests will not suffice. In any case, real and effective action
is needed, and quickly.
Thank you for your
comments and this opportunity to share a few thoughts.
Sincerely,
Sonny
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