Summary of July 20, 2010, Special Session of the Florida Legislature

CONSTITUTIONAL BAN ON OFFSHORE OIL DRILLING IN FLORIDA WATERS

A Special Session of the Florida Legislature called by the Governor for July 20-23 to consider a constitutional ban on oil drilling in Florida waters lasted just over two hours.  It produced a bit of drama in the Senate, considerable misinformation in the aftermath, and little else.

Despite reports and headlines to the contrary, there was not a vote to place a constitutional amendment on the November ballot – the only votes were to shut down the session.  The sine die vote in the Senate was a real cliffhanger (18-16); however, the outcome would have been largely symbolic since the House had already adjourned.  Senator Gaetz, Chair of the Select Committee on Florida’s Economy, who coincidentally represents the entire area of Northwest Florida impacted by the oil spill, eloquently stated that while a Senate favorable vote may make “some” feel better, the people of the Panhandle  need more than gestures.  Their economic survival, environment, and way of life are at stake.  There were also a number of concerned individuals, officials and groups fearful of the impact of a constitutional amendment to ban drilling that failed to garner 60% of the vote in November, and the message that would send.

Lots of finger pointing to go around, but no one can argue that the call for last week’s special session was extremely limited, and the result is another, extended special session as early as September.

In preparation, the House has created 6 Deepwater Horizon Response and Recovery Workgroups.  Assignments and members, noting leaders, are as follows:

Thus far, on behalf of FSBPA, I have been asked to attend the first meeting of the criminal and civil penalties group on August 9.  These groups will have extremely accelerated schedules, having a goal of a September Special Session with specific legislative proposals to consider. We will be closely following the working group that is charged with developing strategies for public sector recovery of damages, of particular interest to our member local governments and tourist development councils.  The work plans and schedules for all groups were just posted…..so where did the summer go?

The Senate gave us some indication of their focus over the next several weeks.  At the only committee meeting held during the July 21 Special Session, the Senate Select Committee on Florida’s Economy presented a number of proposals that will likely enjoy interim attention, including:

· State submerged land lease fee relief

· Options for tolling permit requirements during an emergency

· Civil compensation remedies and criminal prosecution

· Reduction in unemployment compensation liability for affected businesses

· Creation of a state claims advocacy office

· Congressional memorials related to financial assistance and tax relief

· Property tax relief

This will not be the last time FSBPA highlights legislative actions and remedies in response to the oil spill. This will be the subject of at least one more special session and considerable attention during the 2011 Legislative Session.

Debbie Flack
7/29/2010