Governmental Affairs

FLASLA Retains New Legal and Legislative Representation in Time for 2008 Legislative Session
by Rutledge, Ecenia, Purnell and Hoffman P.A.

FLASLA recently retained the firm Rutledge, Ecenia, Purnell & Hoffman P.A. to serve as the association’s legal and legislative representatives before Florida’s Legislative and Executive Branches of government. In addition to representing the interests of FLASLA, members of the lobbying team will publish a monthly article in this newsletter relating to the legislative or rule making processes, or issues before the legislature effecting Landscape Architects. This initial article will cover a basic description of the state’s legislative process in order to lay the groundwork for you to follow issues important to FLASLA in the 2008 Session.

Florida’s government is set up in the same manner as the federal government employing three branches; the executive branch, headed by the Governor and including all state agencies; the legislative branch, which like the US Congress is a bicameral system that utilizes two elected bodies, the House of Representatives and the Senate; and the judicial branch. In representing the interests of FLASLA our firm will primarily focus on the legislative branch and the rule making procedures within the executive branch. With the 2008 Legislative session looming, this article will concentrate on providing basic information on how legislation moves through the legislative process and provide a foundation for future articles that will address some legislation of specific interest to FLASLA.

The Florida Senate consists of 40 members, whereas the House is comprised of 120 members. Each body has a presiding officer that is responsible for leading his chamber. The presiding officer in the Senate for 2008 is Senate President Ken Pruitt (R) and in the House is Speaker of the House Marco Rubio (R). In order for any bill to become a law both the House and Senate must pass the legislation in identical form.

Whereas the House and Senate operate in much the same way, they each have their own committee processes. In the House, bills are filed and then referenced to committees and councils to be heard. In the House system a committee is a subset of a council, therefore when a bill is referenced to a council, that council will further reference the bill to the most appropriate committee that is a subset of that council. For instance, should a bill be filed relating to fertilizer, it would likely be referred to the Environmental and Natural Resources Council and further referenced from the council level to the Agribusiness Committee. The Agribusiness Committee is basically a sub-committee to the council. Should that same bill also have an impact to the state budget, referred to as a fiscal impact, it would also be referenced to the House Policy and Budget Council. This council hears any bill that affects the budget.

In the Senate the same bill dealing with regulation of fertilizer would likely be referred to the Agriculture Committee, however unlike the House Agribusiness Committee, this committee is not a subset of a larger council. Using the same example, and assuming the bill did have a fiscal impact, the bill would also be heard in the General Government Appropriations Committee. The difference with this versus the House is that in the House all bills with a fiscal impact are heard by one council, that being the House Policy and Budget Council. In the Senate there are eight different committees that serve the same purpose as the House Policy and Budget Council. Rather than all bills with a fiscal impact being heard by one body, the Senate has a different committee hear bills with fiscal impacts based on the subject of the bill. For instance, were there a bill dealing with the prison system that was going to cost the state money it would be heard by the Criminal and Civil Justice Appropriations Committee, unlike a bill that impacts the education budget, which would be heard by the Education Pre-K-12 Appropriations Committee.

Returning to our example of a bill that regulates fertilizer, let’s assume that the Senate bill has passed all of its committees and is now being heard in the Senate Chamber so it can be voted on by all Senate members. The House bill has also passed all of its committee and council stops but has not yet been taken up on the House floor. Let’s also assume that both bills, in their current forms, match perfectly. What will likely happen is the Senate will take up and pass the Senate bill and after it is passed it will be sent to the House of Representatives. Rather than the House passing their version of the bill, they will instead take up and pass the Senate bill. Once the House passes the Senate bill it is sent to the Governor for him to either sign the bill into law or veto the legislation.

What has been provided is a very basic explanation of the Florida legislative process. For a much more in-depth analysis of how a bill becomes a law within the state of Florida click on this link which will take you to a .pdf document created by the Florida House of Representatives.

About The Legislative Process How A Bill Becomes Law Explanation

Rutledge, Ecenia, Purnell and Hoffman P.A. looks forward to representing the interests of FLASLA and meeting many members of the organization at the Capitol.

FLASLA Position on Hometown Democracy

The Florida Chapter of the American Society of Landscape Architects (FLASLA) opposes the Hometown Democracy Constitutional Amendment. 

FLASLA supports local government authority to fund and implement sound planning practices and opposes preemption of this authority.  Furthermore, FLASLA strongly supports citizen access and public input to the comprehensive planning process and is committed to improving citizen involvement through local planning initiatives and legislative changes to Florida's growth management framework. 

FLASLA strongly opposes efforts to require referenda for comprehensive plan amendments, such as proposed by the Hometown Democracy Constitutional Amendment. FLASLA believes that approval of comprehensive plan amendments by referenda will be counterproductive to the public health, safety, and welfare, to environmental sustainability, to quality community planning initiatives, will become a tax burden to municipalities, and will not produce better land use decisions.  The use of referenda is not an effective growth management tool.

Approved October 20, 2007
Florida Chapter ASLA 2007-2008 Executive Committee

February 1, 2008 - Hometown Democracy, Inc. Falls Short

Florida Chapter Awarded $5,000 Licensure Grant

The American Society of Landscape Architects (ASLA) awarded a $5,000 matching grant to the Florida Chapter ASLA (FLASLA) to help its efforts to demonstrate to three state agencies that landscape architects have the rights and abilities to practice stormwater management, and that landscape architecture protects the public’s health safety and welfare as it relates to water quality and water quantity.

The goal of the Licensure Grant Program is to provide financial assistance to states that are working to advance the goal of the ASLA 50 by 2010 Licensure Campaign: to promote and defend practice act licensure across the United States. This matching grant program is available for activities that will support advocacy initiatives that advance the national campaign goals. The selection committee for the licensure grants include representatives of the Chapter Presidents Council, ASLA Licensure Committee and the ASLA Finance Committee, with Selection committee members reccuse themselves from deliberating on grant proposals from their own states. The criteria for the Licensure Grants will include:

• Advocacy in support of 50 by 2010 goals: Establishing a practice act or preparing for defensive action.
• Evaluation of the strategic plan and the value of the proposal in the context of the overall strategy.
• Evaluation of the management of previous grant awards.
• Chapter(s) must be up-to-date on all pending survey information (current active survey: Licensure History).
• Financial resources available to the chapter.

Volunteer members of the Chapter's Government Affairs Committee completed the grant application. This grant demonstrates ASLA’s continued support of the Florida Chapter’s approach to government affairs, following a $3,000 grant awarded to the Chapter in 2007.

In 2012, and every eight years after, the Florida Legislature will conduct a statutorily mandated sunset review of the Landscape Architecture title and practice act. Every action by the Chapter Government Affairs Committee is carefully focused on preparations for 2012, and placing the profession in a strong position that supports the missions of the State’s environmental, transportation, and planning agencies. The Committee is focused on strengthening licensure, and increasing recognition of landscape architecture as crucial to protection of public health safety and welfare. Being in this strong position should minimize the profession’s risk of sunset in 2012 and beyond.

Your Membership Dues at work….Legislative Services

As the Chapter prepares for the 2008 Legislative Session with a new legislative and lobbying consultant, the Government Affairs Committee (GAC) would like to take look back at how our organization funds these services. In 1999 a Florida Chapter membership dues increase was approved and ratified by the membership at the Annual Business Meeting. The motion, as submitted and approved, raised the annual Chapter membership dues by $50.00 to fund an identified need and the expenses related to hiring legislative and legal consultants to strengthen licensure and reduce barriers to practice. Since then our membership has grown to nearly 1,000 members thereby increasing the annual budget allocation for legislative and lobbying services.

With your $50 investment each year, our consultants helped preserve and protect the rights of Licensed Landscape Architects across the state through increased efforts on behalf of the membership. Particular highlights of those efforts include the three year effort, led by the GAC, to amend the 2004 Florida Building Code to include Landscape Architects in the definition of 'Design Professionals'. Prior, only Architects and Engineers were recognized as providers of code required construction documents. This amendment significantly increased practice opportunities for members statewide. Most recently, through our consultant services, we gained explicit recognition within Florida Department of Environmental Protection regulations. Efforts are ongoing with the Florida Department of Transportation and the Florida Engineering Society to further recognize our profession. During the 2008 Legislative Session continued monitoring and regular updates to the Chapter will be necessary in order to maintain our standing in the state.

If you would like to know more about current GAC initiatives or become involved please do not hesitate to contact Shawn Kalbli, ASLA at tallahasseechair@flasla.org.

Government Affairs Committee Annual Report
January 20, 2007
Prepared by Jeff Caster, ASLA
Committee Chair

a glance backward while
Looking Forward…2007 and Beyond

Looking back to 1997, Florida Chapter leaders came together and responded decisively in favor of professional licensure of landscape architects in Florida.  The Florida Chapter ASLA (FLASLA) was confronted by powerful interest groups with competing agendas that chose to exploit their relative strength by imposing their agendas on landscape architecture in Florida.  

In 1998, due to the new awareness from the lessons learned in the previous year, Florida Chapter leaders approved a significant increase in Chapter dues “to help fund a part-time legislative consultant.”  FLASLA leadership determined that a more proactive approach to governmental affairs was needed to ensure that the statutes regulating the practice of landscape architecture in Florida were protected and interpreted properly.

The first in a series of proactive five-year strategic plans for the Florida Chapter’s Government Affairs Committee (GAC) was developed and approved by the Chapter’s Executive Committee (ExCom).  The ExCom established that strengthening licensure was the number one priority and responsibility of the Florida Chapter to the membership.

By March 2004 and the end of the first five-year period of proactive engagement, the GAC had established a continuous, proactive presence in Tallahassee, with emphasis on the following five strategies. 

• Establish and maintain open communication and a professional working relationship with the Florida Board of Landscape Architecture, the Department of Business and Professional Regulation, and Key Florida Legislators.
• Reduce and eliminate barriers to practice
• Establish open communication and working relationships with public policy agencies, commissions, workshops, and task force groups germane to the practice of landscape architecture.
• Establish open communication with and monitor allied industry group activities.
• Identify and support FLASLA programs and activities, which promote strengthening licensure and reduce barriers to practice.

Government Affairs Committee Outcomes

Activities and accomplishments of the GAC are presented to provide members with the opportunity to evaluate the effectiveness of the GAC and the value of the Chapter’s significant investment in the activities of this committee.  This list will also allow important feedback to the GAC to help it determine where further adjustments to the strategic plan need to be made to better reflect the desires of the membership. 

The following accomplishments are grouped to correspond to the Four Service Goals described in the Updated Strategic Plan 2004-2009:

I. Outreach and communication with members of the Florida Legislature and other elected officials who enact laws and statutes affecting the practice of landscape architecture in Florida, including support for the Florida Board of Landscape Architecture (FBOLA)

• Planned and hosted a charity reception for the President of the Florida Association of Counties to strengthen the relationship between LA’s and local governments
• Planned and hosted annual legislative receptions at FLASLA annual conferences including such  notable attendees as several House Speakers including current Speaker Mario Rubio
• Drafted and passed State Cabinet Resolution which was sponsored by now Governor Crist, regarding Landscape Architecture Week in Florida in connection with ASLA National Conference
• Drafted and Passed the Leon County Resolution and Volusia County Resolution regarding the designation of Landscape Architecture Week
• Drafted a template Resolution for use in all Florida counties regarding the designation of Landscape Architecture Week
• Passed Legislation to include FLASLA on Florida Wildflower Advisory Council
• Passed Legislation to include FLASLA and Florida Irrigation Society in the workgroup developing state irrigation standards; two groups excluded by earlier draft legislation.
• Passed Legislation to require Florida Department of Transportation (FDOT) to recognize LAs’ “sign-and-seal” on design projects
• Passed Legislation to authorize LAs’ use of electronic sign and seal; maintaining parity for landscape architects with engineers and architects
• Passed Legislation to mitigate LAs’ potential liability for highway design work
• Identified Sunset Review as issue for profession, and developed proactive strategy to counter argument that landscape architecture does not involve matters of public health, safety and welfare
• Monitored Legislative activity affecting LAs in Florida

II. Engagement and consultation with state, county, and local agencies and commissions that regulate the practice of landscape architecture in Florida

• Secured amendment to State Building Code to recognize Landscape Architects as design professionals.  The code previously had recognized only architects and engineers.
• Secured amendment to State Building Code assuring only properly state registered professionals are recognized under the code to perform activities regulated by the code
• Developed positive relationships with building code staff, commission members and other participant organizations
• Identified Building a Safer Florida (BASF) Program for FLASLA participation
• Tracked annual state building code amendment cycles and triennial rewrite cycles
• Facilitated FLASLA receipt of BASF funding for costs associated with offering required continuing education building code core course to landscape architects
• Secured continuing education system for landscape architects, including advance building code requirement
• Secured statutory recognition of Board of Landscape Architecture on Technical Advisory Committee for education under the Building Commission
• Developed and presented required law and rules class, during two LA license renewal cycles
• Facilitated FLASLA participation in the Building a Safer Florida Program (BASF) securing funds to produce informational pieces regarding Landscape Architecture for distribution to government officials and allied professionals
• Participated in development of Florida Department of Environmental Protection’s (FDEP) “Model Landscape Code” properly recognizing Landscape Architecture in the State
• Lead the FDEP Irrigation Workgroup to hold open public meetings and to include all groups named in State Statutes with assistance from the FLASLA representative in this process
• Facilitated FDOT rules on highway beautification program
• Facilitated FDOT rules on land use planning
• Facilitated BOLA passage of rules adopting electronic sign-and-seal authority
• Assisted FLASLA Naples Section with local code issues before Collier County Commission
• Assisted Tallahassee Section with local code issues
• Secured recognition of LAs in preliminary drafts of FDEP storm water and Environmental Resource Permit rules
• Secured recognition of LAs in preliminary FDOT storm water connection rule
• Coordinated FLASLA interactions with State Board of Landscape Architecture
• Assisted with appointments process to State Board of Landscape Architecture
• Promoted DBPR investigation of unlicensed practice of Landscape Architecture
• Monitored state agency rulemaking affecting LAs

III. Development of procedures, practices, and instruments that will build relationships with the members of allied industry groups and promote public visibility of the FLASLA

• Coordinated with Florida Surveying and Mapping Society on legislative amendments to State Consultant’s Competitive Negotiations Act
• Coordinated with Florida Nursery Growers and Landscape Association to participate in the Florida Nursery and Allied Trades Show, and to clarify use of term FNGLA Certified Landscape Designer
• Coordinated with Florida Chapter International Society of Arboriculture in development of proposed regulations
• Coordinated with Florida Engineering Society to remedy stormwater management permitting issues.

IV. Oversight and administration of the activities and finances of the Friends of Landscape Architecture Committee of Continuing Existence (FLACCE)

• Established Friends of Landscape Architecture (FLACCE) and assisted in establishing the 100 Friends Program
• Identified candidates for FLACCE support

Future FLASLA GAC Activities

“Engagement in public affairs is necessary to preserve and strengthen licensure in Florida.  Members of this Chapter need to increase emphasis on elevating the profession’s standing with State, County, and Municipal governments.  Members need to be informed/prepared, and then participate in the public processes that affect our profession.  Every elected official should know at least one landscape architect within their constituency.  Relationships need to be cultivated with key government officials that have interest and ability to help the profession.  It is vital that the Chapter invest in the finest legal and legislative services within its means.”

Jeff Caster president-elect candidate statement 2004
Message to members from President Caster and President-Elect Boyett, 2005
Looking forward to 2006 and beyond, January 2006 Government Affair Report.

In July 2006, at the FLASLA Annual meeting in Sandestin, the Government Affairs Committee led a 2 hour Laws and Rules class.  During the class, participants responded to survey questions. Of the survey respondents 94 of 95 registered landscape architects answered yes when asked if state regulation of the profession is important.  Additionally, 42 landscape architects identified restrictions or barriers to practice and collectively provided a long list of such barriers.  This is an indication of the strong support for the Chapter’s continued commitment to strengthening licensure.

Now, looking forward to the past remains relevant.  The continual pressure exerted on the Landscape Architecture Practice Act by competing interest groups, state and local regulatory agencies, the Legislature, and local governments remains a high priority to FLASLA leaders.  Now, with the proactive leadership demonstrated by FLASLA in its governmental affairs program, new opportunities and once unattainable goals are within reach of the profession.  A sustained leadership, counsel, and proactive strategy in government affairs gives the FLASLA the reputation, experience, knowledge, and perspective needed to preserve, protect, and promote the Landscape Architecture Practice Act, strengthen licensure, and reduce barriers to the practice of landscape architecture as a service to FLASLA members.