HB 359/SB 540 The "Protect Developers from Lawsuits" Bill

LEGISLATIVE SESSION 2023
Learn and Take Action
This year the 2023 Legislative Session began on Tuesday, March 7th and will wrap up on May 5th.
The Florida Springs Council is tracking the bills that will affect Florida's springs.
Unlike any other conservation organization in Florida engaging in legislative advocacy, FSC looks at legislation only through the lens of Florida’s springs and aquifer. Our analysis, positions, and advocacy efforts reflect that approach.
Current Action Alerts
No current action alerts. As I type this update I am sitting outside the Senate committee's chambers where every member voted in favor of SB 1258, the "phosphogypsum roads" bill, with very little questioning.
We make it easy to contact lawmakers with pre-written emails. Provide your name and email address, modify the message, and hit send. Our system gets the messages to the right legislators.
"I can’t promise you that we will win every time you take an action,
but I can promise that we will lose if you don’t."
Update:
Friday March 24, 2023
At 11:30 a.m. on Monday, Senate Bill 1258 will be heard in the Senate Committee on Environment and Natural Resources.
This bill approves the use of radioactive waste from the phosphate industry, called “phosphogypsum,” in roads.
Putting radioactive Phosphogypsum in roads over our aquifer is not only dangerous for human health; phosphogypsum in roads would let the fertilizer industry off the hook for the millions of tons of dangerous waste it creates each year, while also generating another cash stream for the industry giants. Far from needing a government handout to save on costs, one industry player, The Mosaic Company, reported a net income of $3.6 billion in 2022 alone.
Because the industry is running out of places to put this toxic waste, allowing its use in roads would clear the way for the industry to make even more of it, putting more of Florida's waterways at risk. Using radioactive phosphogypsum in roads is not a solution to the fertilizer industry’s toxic waste problem.
Tell lawmakers to hold the industry accountable to stop creating waste that threatens Florida’s environment and burdens our communities and taxpayers.
Take action by 11:30 a.m. March 27!
An overview of some 2023 bills
FSC is tracking more than thirty bills that address water pollution, water supply, local environmental ordinances, environmental permitting, growth management, wetlands mitigation, and state funding of environmental projects. All of these bills have the potential to impact Florida’s springs. Here are just a few of the ones we're watching.
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House Bill 1197/Senate Bill 1240 "The Pre-empt Everything Environmental Bill" In a Session of bad bills, it's hard to choose the worst, but this one is it. It’s called “Land and Water Management,” but it’s really about removing hurdles for developers and polluters. It would preempt ALL local government environmental regulations, including water quality, water quantity, pollution control, and wetlands. Retroactively. Local governments would not be able to enact or enforce any regulations or ordinances to protect our springs, rivers, aquifer, and wetlands. In short, it would pre-empt all local environmental protections, future and current.
Read more about the bill and track its progress through the legislature at
https://www.floridaspringscouncil.org/single-post/hb-1197-sb-1240-the-dirty-water-bill
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House Bill 1191/Senate Bill 1258 - "The Radioactive Roads Bill" Would approve using radioactive waste from the fertlizer/phosphate industry called “phosphogypsum” in roads. The EPA currently prohibits using this toxic waste in roadway construction because it poses an unacceptable risk to public health, the environment and road construction workers.
Read more about the bill and track its progress through the legislature at (details coming soon)
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House Bill 41/Senate Bill 856 - "The Protect Developers from Citizens Bill" Prohibits local referendums or ballot initiatives on changes to land development regulations. Removes local citizens’ ability to vote directly on land use decisions.
Read more about the bill and track its progress through the legislature at https://www.floridaspringscouncil.org/single-post/hb-41-sb-856-the-protect-developers-from-citizens-bill
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House Bill 359/Senate Bill 540 - The "Protect Developers from Lawsuits" Bill Requires the losing party to pay attorney fees and costs for comprehensive plan amendment challenges. Under the threat of mandatory attorney fees, only the most wealthy developers and landowners will be able to challenge land use decisions.
Read more about the bill and track its progress through the legislature at https://www.floridaspringscouncil.org/single-post/hb-359-sb-540-the-protect-developers-from-lawsuits-bill
A deeper dive into 2023 bills
Read more about each bill, and track its progress through the legislature.