Yesterday, Florida voters overwhelmingly approved Amendment 1, which requires one-third of Florida’s taxes on certain real estate transactions be applied to water and land conservation.

Many voters may assume that with Amendment 1 approved, the promised water and land conservation is a done deal. However, the passage of Amendment 1 simply starts a lengthy implementation process that begins with the Florida Legislature.

Florida's water & land conservation battles just beginningAn interpretive battle will likely be waged over several key provisions, most notably over the provision allowing the money collected to be spent on the “management, restoration of natural systems.” Other battles may occur over the Amendment 1 provision stating that money can be used to finance “the enhancement of public access or recreational enjoyment of conservation lands” or “improvement of land, water areas, and related property interests” – e.g., does this allow tourism advertising?

How the Legislature writes and appropriates the budget will make a big difference in defending new or existing spending under the languge of the amendment.

See the alert issued by Gunster’s environmental & land use, and governmental affairs teams: Florida’s Amendment 1 passed: What happens next?  Sign up to receive alerts like this by email, www.gunster.com/subscribe.

Kenneth B. Bell co-authored this article.

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