Quiet passage of HB 781 could hold the key to state park development mystery

by | Aug 28, 2024

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  • Despite widespread political outcry, both Republicans and Democrats voted almost unanimously in favor of a new law allowing unsolicited public-private partnerships.
  • The law could be relied on to streamline projects similar to the controversial Tuskegee Dunes project.
  • Florida’s Department of Environmental Protection declined to provide timely information that might have cleared up the matter.

As the backlash against Governor Ron DeSantis’ proposed state park development plans reached a fever pitch this week, a little noticed but recently passed law, House Bill 781, may provide a crucial piece of the puzzle. The new law permits unsolicited proposals for public-private partnerships (PPPs) without a competitive bidding process, and appears to offer a streamlined pathway for developers to push through controversial projects in Florida’s state parks, among other places.

The law’s passage has gone largely unnoticed amid the uproar, but its provisions, which became effective July 1st, might explain how plans to build golf courses, hotels, and other amenities in nine state parks managed to surface so quickly. Despite the bipartisan criticism these development plans have received, it’s worth noting that HB 781 sailed through the Florida Legislature with overwhelming bipartisan support. The bill was sponsored in the House by State Rep. Chuck Clemons. It passed the House unanimously with a vote of 114-0. The bill was introduced in the Senate by Senator Jim Boyd. There, only two Republican Senators, Keith Perry and Blaise Ingoglia, voted against it.

Despite support for HB 781, many Republicans and Democrats, including Boyd, have been vocal in their opposition to the controversial parks development plan.

“While I support greater public access to public lands, the plan to build hotels, golf courses and pickle ball courts on our state parks is a step too far,” wrote Boyd on Facebook after plans emerged for the Tuskegee Dunes project.

Democrats, meanwhile, have also voiced vigorous opposition to the park development proposals, yet not a single Democrat lawmaker voted against HB 781.

Under the bill, developers can submit unsolicited proposals directly to state agencies. It remains to be seen if the Tuskegee Dunes project was submitted to Florida’s Department of Environmental Protection (FDEP) as a public private partnership. But if so, under the new law, it could then proceed without the traditional public bidding process, provided they meet certain transparency requirements, including public meetings. This legal framework could potentially allow developers to fast-track projects, raising questions about how closely linked HB 781 is to the current parkland development controversy.

Despite repeated attempts to confirm the date that the Tuskegee Dunes project was submitted to FDEP, a spokeswoman for the agency insisted on a phone call that all requests for information be submitted in writing. Several emails seeking a simple confirmation of the submission date have not been returned. Accordingly, it remains unclear if HB 781 was, in fact, relied on by the group that submitted the Tuskegee Dunes project, but a submission date after July 1 could mean that the project might have intended to take advantage of the new law.

The timing of the bill’s passage and the introduction of the “Great Outdoors Initiative” by the DeSantis Administration has led to speculation about whether the new law was designed to facilitate these very projects. Online sources reveal that developer Pat Neal, a known ally of Governor DeSantis, played a significant role in advocating for HB 781. Attempts to contact Neal for comment were unsuccessful. There is no evidence that Neal is involved in the Tuskegee Dunes project, and so far, Neal has not been linked to any other public private partnership proposals that might take advantage of the new law. Lobbyists who helped advocate for HB 781, including Capital City Consulting’s Nick Iarossi, also do not appear to have any direct connection to the controversial golf course plans.

Public opposition has been strong, with both Republicans and Democrats, including U.S. Senators Rick Scott and Marco Rubio, joining environmental groups and local communities in protesting the development plans. The Tuskegee Dunes Foundation, a nonprofit linked to a golf course proposal at Jonathan Dickinson State Park, recently withdrew its plans following public outcry, but questions remain about the process that led to the proposal’s initial consideration.

Earlier today, DeSantis announced with little fanfare that the Tuskegee Dunes project was dead on arrival. But the connection between HB 781 and the development plans remains a topic of much speculation in Tallahassee. While there is no direct evidence linking the two, the bill’s provisions make it easier for developers to bypass traditional scrutiny, potentially setting the stage for the rapid approval of controversial projects.

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