Biological Diversity Policy

Florida does not have a formal biodiversity policy. However, it does have related policies. In 1993 the Office of the Governor produced a report recommending measures to preserve and protect Florida's biodiversity. In 1994 the Department of Environmental Protection (DEP) issued an internal directive requiring comprehensive inventory and monitoring of biodiversity on lands managed by DEP. In 1995, DEP's Ecosystem Management Implementation Strategy required an expanded inventory of biodiversity on public lands in Florida. In addition, an executive order to the Department of Environmental Protection requires it to protect the functions of entire ecological systems. (Exec. Order No. 94-107) Florida also has a state wildlife policy established by statute that seeks to maintain the ecological health and diversity of fish and wildlife.

Status of Biodiversity Science

Florida does not have a coordinated assessment system in place, although an atlas is being prepared. In addition, the state has a large number of distinct inventory and assessment systems. For example, the Florida Natural Areas Inventory maintains a database on rare plants and animals and ecosystems. A Marine Resources GIS maps coastal natural communities. A land cover map using satellite imagery was recently completed. The GAP database assembly for vegetation, wildlife and management status is proceeding. The Greenways Program, under contract with the University of Florida, is looking at landscape-level connections between existing patches. Finally, the Department of Environmental Protection is putting together a master natural resources atlas for the state based on the mapping efforts described above.

Endangered Species

Florida has separate endangered species acts for plants and animals. (Fla. Stat. Ann. 372.072 et seq.) Animals are listed based on scientific data, while the recommendations of the general public are considered in the listing or delisting of plants. (Fla. Stat. Ann. 372.072; 581.185; Fla. Admin Code Ann. 5B-40.0056) Neither act requires recovery plans, critical habitat designation or agency consultation. Penalties for violation constitute a third degree felony for animal violations and a misdemeanor for plant violations.

State Agency Management for Biodiversity

State-owned Lands

Some Florida natural resource agencies manage their lands in a biologically sustainable way. For example, the Department of Environmental Protection has developed an Ecosystem Management Plan in order to manage public lands in a way that protects entire ecological systems. The Division of Recreation and Parks uses a natural systems approach to develop management plans for each unit of the state park system that protects biodiversity.

Cooperative Efforts

These agencies also engage in cooperative efforts to improve land management across ownership boundaries. The Ecosystem Management Plan includes provisions for the creation of an Intergovernmental Coordination Committee. Several state agencies work with the BLM to manage state lands in accordance with the State Lands Management Plan, which protects biodiversity and certain species. In addition, the Department of Environmental Protection has begun watershed-level planning that encourages coordination between the public and private sectors.

State Agency Training

The state does not have programs of agency personnel training for biodiversity, although integration of the ecosystem management philosophy into the Department of Environmental Protection is a goal.

Impact Assessment

Florida does not have a "little NEPA," requiring an assessment of major proposed agency impacts on biological resources. However, mitigation is required by statute for certain activities, such as resource extraction. (Fla. Stat. Ann. 378.402(1)) Thus, developments which exceed specified thresholds in size and extent are subject to state and local governmental reviews. Such Developments of Regional Impact require assessment of impacts to endangered species, and other biological resources.

Habitat Acquisition

Florida has several programs designed to acquire lands important because of their ecological values. Under the Florida Preservation 2000 Act, the Conservation and Recreation Lands (CARL) Program spent $172 million on acquisition of environmental lands during calendar year 1995. (Fla. Stat. Ann. 6259.101) The total spent through CARL, and its predecessor Environmentally Endangered Lands Program, is $1.2 billion since the 1970's. The Save Our Rivers program, through fiscal year 1993-1994, has spent $551 million on acquisition of coastal beach and barriers. Past and future state governmental investment in environmental land acquisition might exceed $3 billion by the year 2000. In addition, a Greenways Commission has some funding and recommendations for a system to connect the state's natural areas and open space.

Private Land Conservation

Florida has two private land conservation programs that were identified. Conservation easements are permitted by statute and a tax incentive is included when the covenant is for 10 years or more. (Fla. Stat. Ann. 704.06, 193.501, 193.501(3)(a)) In addition, a group organized by the Department of Environmental Protection brought together landowners of 13 million acres to discuss potential incentives.

Exotic Species

Florida has several statutes and regulations designed to control the introduction and spread of exotic species. For example, potentially harmful exotic aquatic plants and animals may not be imported, possessed, or released into the waters of the state. (Fla. Stat. Ann. 370.081) Restrictions on freshwater fish, exotic pest plants and specific problem species also exist. (Fla. Stat. Ann. 372.26(1), 372.265; Fla. Admin. Code. Ann. 39-4.005, 39-23.008) Violations are usually punished as a misdemeanor. (Fla. Stat. Ann. 372.26(2))

Predator or Animal Damage Control Activities

Florida's animal damage control program is operated primarily by the federal government. A Department of Environmental Protection policy states that the purpose of the removal of nuisance animals is to protect listed species or the ecological integrity of natural areas. The state does not allow relocation or steel traps. (Fla. Admin. Code Ann. 39-24.002)

Additional Legal Protections for Biodiversity

The state constitution requires the conservation and protection of the state's natural resources and scenic beauty. (Fla. Const. art. II. 7)

Related Issues

Florida has some programs of public education for biodiversity. Several divisions of the Department of Environmental Protection conduct environmental education programs that address biodiversity issues. In addition, the state participates in Project WILD and published a wildlife viewing guide in 1993.

The taking of coral is strictly regulated by statute. (Fla. Stat. Ann. 370.114) In addition, the state has an Environmental Protection Act allowing citizens to sue for air, water or natural resources violations. (Fla. Stat. Ann. 403.412)

The state recently passed a takings law that provides remedies, either relief or compensation, for property owners whose property is "burdened" by governmental action. The law also authorizes compensation and/or modification or waiver of laws and regulations. The law has reportedly already resulted in the abandonment of conservation plans by governmental agencies because of fear of litigation.

Contacts:

Department of Agriculture and Consumer
Services
The Capitol, PL10
Tallahassee, FL 32399-0800
904-488-3022

Department of Environmental Protection
3900 Commonwealth Blvd.
Tallahassee, FL 32399-3000
904-488-1554

Florida Department of Parks and Recreation
Office of Environmental Education
7330 Gladiolus Dr.
Fort Myers, FL 33908
813-432-2004

Game and Fresh Water Fish Commission
620 S. Meridian St.
Tallahassee, FL 32399-1600
904-488-1960

State Cooperative Extension Service
1038 McCarty Hall
University of Florida
Gainesville, FL 32611-0210
904-392-1761

Florida ADC State Director
2820 East University Avenue
Gainesville, FL 32641
904-377-5556