by Mike Sharkey
Staff Writer
For the past two years, the Jacksonville office of Holland & Knight has hosted post-legislative session wrap up luncheons. During those meetings, area business and civic leaders — as well as several Holland & Knight attorneys — were invited to hear how the previous legislative session went, how certain issues were resolved and the impact those issues will have on local Holland & Knight clients.
This year, the Tampa-based law firm opted for a pre-session luncheon to discuss what the firm thinks will be the hot-button issues come March. The panel presentation and ensuing question and answer session featured former Gov. Bob Martinez and Holland & Knight attorneys Larry Curtin and Ginny Myrick.
“We want to put everyone on notice about what they’ll see during the session,” said Missy Turra, an executive partner with the firm.
According to Martinez, Myrick and Curtin, the three big issues facing the entire state are water supply and consumption, energy and growth management.
Myrick talked primarily about the St. Johns River Water Management District’s (SJRWMD) plan to what she called “siphon” 155 million gallons of water a day from the St. Johns River and divert it to Central Florida for drinking purposes.
“The implications are astronomical for Northeast Florida,” said Myrick, a former member of City Council, who’s a senior policy advisor on government relations for Holland & Knight. “One of the big questions is: Who owns the river? I think this issue will dwarf all of the others in North Florida over the next decade.”
Myrick said the SJRWMD plan is well into the implementation phase. Blocking it, she said, isn’t likely. Myrick also explained there are several development issues facing the state that directly impact the water supply and consumption levels. Among those are: the amount of residential and commercial development, mandated water consumption, the reorganization of the state’s five water management districts and others.
“Florida has the highest per capita daily water consumption rate in the nation at 170 gallons per day. Fifty percent of that is potable water that’s used for irrigation,” she said, explaining that most consumers take water availability and its cost for granted. “There will be dramatic debate about the cost of water in the future. Right now, it costs about three cents a gallon.”
Myrick said the cost isn’t for the water itself, but for the pipes that convey the water and the maintenance of those pipes.
Martinez was the mayor of Tampa from 1979-86 before serving as governor from 1987-91. Today, he’s a senior policy advisor working out of Holland & Knight’s Tampa office. As a mayor and governor, Martinez has seen both the right and wrong way to manage growth. When the voters head to the polls in January to vote on the “Hometown Democracy” and “Smart Growth” referendums, he hopes the voters take time to educate themselves on the proposed laws. If passed, he said, they will be added to the State’s Constitution, effectively becoming laws for life.
The Hometown Democracy bill would require that all land use changes go before the voters in the form of a referendum.
“That doesn’t exempt government,” said Martinez. “I haven’t found any exemption for government in the legislation. It’s a very Draconian approach to managing growth in Florida.”
Martinez said part of his concern over the bill is what major commercial developers and their consultants will think.
“If a consultant sees that the development would have to go to a vote in the form of a referendum, why would they come here? Why would they gamble?” he said.
The Smart Growth bill would create a scenario where if 10 percent of the local voters signed a petition, a land use bill would go to a referendum.
“This is being framed as ‘We have to control the developers.’ The human factor is not being put in,” said Martinez, who isn’t shy about where he stands on either bill. “I prefer that neither amendment passes. Just because it says it’s smart growth, doesn’t mean it is. I’m going to vote against both.”
Curtin said energy isn’t a new issue in Florida, but the active tropical season of a couple years opened the eyes of many Floridians who, for the first time, went days without power.
“The Legislature will have to get involved sooner than later,” said Curtin, who’s a member of the firm’s Public Policy and Regulation Practice Group and Florida Government Advocacy Team.
Curtin said the reduction of greenhouse gases is imperative. Coal, he said, will become difficult to use in Florida and other fossil fuels cause too much pollution.
“At some point, we will have to go to predominantly nuclear energy,” he said.
Curtin also said the Legislature needs to look at vehicle emission standards, assuring energy costs for consumers don’t double or triple and renewable energy sources.
“Conservation will require some degree of lifestyle changes,” said Curtin.