2023 BREAKOUT SESSIONS
** OVERVIEW AND UPDATES **
A. FLORIDA’S ENVIRONMENT, WATER POLICY, THE 2023 LEGISLATURE AND BEYOND Absolutely the most current and reliable information available on what the 2023 Legislature passed (or considered but failed to pass) and why; assessment of Florida’s changing political landscape with respect to environmental and water policy issues; comprehensive preview of what’s expected with respect to the implementation of 2023 legislation with a look ahead to the 2024 session and beyond. This course is designed for audience participation, so come with your questions for the panelists! Instructors: Larry Sellers (Moderator), Chris Lyon, Kevin Cleary, Jon Steverson, Frank Walker
B. FDEP REGULATORY AND POLICY UPDATE Always a timely and useful course to provide updates on the most current information and activities with the Department of Environmental Protection which we feel will be of most interest to our attendees; includes review and analysis of rules and policies recently adopted or under development, including the latest updates on the Stormwater TAC, OSTDS TAC, and any published reports; key/practical tips for all private/public regulated interests; course format designed for extensive audience participation. Instructors: Bill Preston (Moderator), Jeff Koerner, Jessica Kramer (invited), John Coates, Tim Bahr
C. WMD PLANNING, REGULATORY, AND POLICY UPDATE An excellent course designed to provide insight into the regulatory, planning, and water supply development programs of Florida’s five water management districts; includes a discussion of water resource development and water supply planning; adoption and implementation of MFLs; development of water reservations; Environmental Resource Permitting updates; secondary and cumulative impacts; discussion of changes to water management district budgeting and cooperative funding for water quality and water supply; and other emerging programs and issues; audience participation encouraged. Instructors: Eric Olsen (Moderator), Nicolas Porter, Mary Ellen Winkler, Kristine Morris, Jennifer Smith, Adam Blalock
D. ENVIRONMENTAL PERMITTING AND ENFORCEMENT UPDATE Timely and informative update on permitting and enforcement procedures utilized by environmental agencies; beginner to intermediate course; covers permits and permit renewals; construction and operation permits; time limitations; monitoring; agency enforcement of permit conditions; fines and other penalties; legal and ethical considerations; other emerging trends and issues including legislative review of agency rules and ratification of proposed rules; audience participation encouraged. Instructors: Silvia Alderman (Moderator), Nicole Gough, Dottie Watson, Julia Lomonico, Jennifer Carpenter, Jeff Prather
E. FLORIDA ENERGY POLICY OUTLOOK This course provides an overview and analysis of state and federal legislation and other initiatives, rule changes, and litigation having a potential impact on energy policies and programs in Florida. The panel will also discuss specific efforts related to electrical power plant siting and generation, pipeline siting and development, oil and gas exploration and production, energy efficiency, alternative fuel sources, alternative energy development, alternative vehicle technologies, and the status of EPA’s rulemaking. This course is designed for extensive audience participation, so come prepared with your questions for this panel of experts! Instructors: Brian Accardo (Moderator), Manitia Moultrie, Davy Crawley
F. FEDERAL ENVIRONMENTAL REGULATION AND ENFORCEMENT UPDATE Come listen and learn from a panel of experts as they discuss the latest changes to federal environmental policies and regulations under the Biden Administration. This session examines how the policies and roles of the federal agencies are changing across a wide spectrum of issues such as enforcement, agency size, the extent of federal authority over wetlands and waters, and climate change. The experts will also discuss how the regulated community, the state, and advocacy groups are responding to such changes including the potential for citizen enforcement. These and other federal issues will be discussed by our well-informed panel. Come prepared to listen, learn and participate. Instructors: Rafe Petersen (Moderator), Bernadette Rappold, Matthew Leopold
G. A FORUM OF DISTINGUISHED SPEAKERS ON MEETING FUTURE ENVIRONMENTAL CHALLENGES In the past four decades, and due to its explosive growth, Florida has undergone serious challenges to its vulnerable ecosystems and natural resources. Over these decades, we have made enormous advances in achieving environmentally sustainable land development and the protection of natural resources. Throughout this time a select group of notable and respected professionals has been at the forefront of Florida’s regulatory evolution and environmental policy being transformed from humble beginnings to one dominated by State legislation requiring agencies to implement comprehensive and complex state-wide programs. This is a one-time, very special class where notable panelists reflect, consider, and transmit what can be learned from the history of environmental regulation and how these lessons in failures and successes can be used by future leaders to shape environmental policies that will have to be developed to meet up-and-coming challenges. History suggests that future opportunities to improve regulatory policy and to successfully address future challenges are best pursued in an evolutionary rather than revolutionary fashion and the panelists are well prepared to suggest how to meet these future opportunities. Come, listen, learn, and participate in what is sure to be one of the most exciting and fulfilling classes offered in recent years. Moderator: Jeffrey Littlejohn Panelists: Silvia Alderman, Ernie Cox, Steve Lewis, Laurel Lockett, Ann Shortelle
** EMERGING ISSUES AND ADVANCED DISCUSSION **
H. STATE ASSUMPTION OF THE FEDERAL WETLANDS PERMITTING PROGRAM If you find yourself debating your friends and colleagues over the merits of NWPR vs. Rapanos, or have ever used “retained” and “assumed” waters in a single sentence, this course is designed for you! Florida’s efforts to implement the Clean Water Act, Section 404 dredge and fill permitting authority from the U.S. Army Corps of Engineers have stretched beyond eighteen months, and some of the new car smell is wearing off… This panel of experts will discuss where DEP is in the process of implementation; provide updates and the latest guidance from the EPA, Corps, and state and federal wildlife agencies; summarize the ongoing debate over WOTUS jurisdiction; and opine about the future of the Florida State 404 program. Audience participation is inevitable! Instructors: Herschel Vinyard (Moderator), Tim Rach, Jason Hight, Larry Williams, Shawn Zinszer
I. AQUIFER RESILIENCY IN THE FACE OF EXISTING AND EMERGING CHALLENGES Groundwater in Florida is intricately wrapped up in a complex web of social, environmental, and economic factors. It is the source of drinking water for most Floridians, serves the State’s agricultural activities, and it has a significant role in the health of our ecosystems and iconic springs. Long-time stressors such as agricultural use are beginning to be addressed; however, population growth, continued saltwater intrusion, and now emerging challenges such as pervasive and widespread contaminants recently subject to legislative action will put added pressure on planners, utilities, and policymakers to ensure that vulnerability evaluations are being conducted so that adequate supplies of high-quality groundwater resources exist for current and future needs. How are these emerging challenges being confronted and overcome? What are the likely interdisciplinary approaches? What are the economic and policy implications of current sustainable development approaches? Is private-public sector collaboration the way to overcome these challenges? Come and listen to experts discuss these challenges, possible solutions, legislation, sources of funding, and how we will face these emerging challenges in the future. Instructors: Rep. Bobby Payne (Moderator), Jorge Caspary, Chuck Drake, Doug Manson, Brian Armstrong, Jim Spratt
J&K. LAKE OKEECHOBEE AND THE ESTUARIES: A WATER MANAGEMENT BALANCING ACT In this extremely popular panel of experts on Lake Okeechobee, the panel is again presenting on critical issues affecting Lake Okeechobee and the Northern Estuaries.
Part 1 This year, numerous developing issues are affecting the Lake, including the new lake schedule “LOSOM” being implemented by the US Army Corps of Engineers and the ASR program north of the lake. In this 2-part course, the panel will focus on these latest developments, as well as the Herbert Hoover Dike Rehabilitation, endangered species, water quality, and the status of the Comprehensive Everglades Restoration Plan projects that affect the Lake.
Part 2 The panel represents a diverse cross-section of government, private landowners, tribal entities, and environmental and agricultural interests. The panel will discuss how Lake management decisions affect their differing interests and obligations and the varying issues that must be balanced to make effective decisions.
Instructors: Luna Phillips (Moderator), Drew Bartlett, Ernie Barnett, Anna Upton, Michelle Diffenderfer, Adam Gelber, Larry Williams, Adam Blalock, Col. James Booth, Eva Velez Torres
L. EMERGING EXTRACTION INDUSTRY CHALLENGES AND OPPORTUNITIES Banning hydraulic fracturing, expanding phosphate mining, reopening old oil fields, searching for solutions at legacy sites, and a host of new and old challenges and opportunities for the extractive industries will be discussed and debated by a diverse panel of experts and practitioners. Recently renewed oil exploration has excited great promise and wealth, along with controversy and consternation. Mining continues to be a bedrock industry with new markets and areas emerging in Florida, as well as emerging technology to deal with legacy sites. The extractive industries touch all levels of government, generate fierce interest from a wide array of stakeholders, and require substantial engagement by landowners, mineral owners, oil and mining operators, as well as local governments, citizens, and developers. This panel will present the hot-button permitting, policy, and planning issues facing regulators, local governments, property owners, operators, and the public as related to mining operations and post-mining development. This course is particularly relevant for developers and large tract landowners or agricultural operators contemplating diversifying their portfolio, as well as policymakers, government officials, and oil and mining operators. Instructors: Timothy Riley (Moderator), Edward Murawski, John Coates, Stefan Katzaras, Russell Schweiss
M. KEEPING YOUR EYE ON THE BALL: SCOPING THE APPROPRIATE ENVIRONMENTAL DUE DILIGENCE FOR THE PROJECT The panelists will discuss appropriate scoping of the environmental due diligence process, taking into consideration current and prior land uses and the user’s project objectives; the panelists will also discuss the importance of the environmental professional’s opinion and when and how to recommend additional investigation; in closing land transactions when there are unresolved issues and how to address those issues and much more; audience participation encouraged. Instructors: Tom Mullin (Moderator), Roger Simon, Kelly Eger-Smith, Kirby Stallings, Rob Toth
N. COMMUNICATION PLANNING AND EXECUTION FOR SUCCESSFUL PERMITTING OUTCOMES – Back by popular demand, this updated course is an interactive discussion focused on the associated regulatory requirements and techniques for ensuring sure and positive dialogue for communicating with environmental regulatory agencies at the local, state and federal levels. Preparation, organization, as well as an understanding of both the regulation and the processes, can go a long way to facilitating a smoother and certainly more positive outcome. In addition to being technically prepared, knowing the agency representatives, their role in the organization, and their scope of authority can be as critical as having a thorough understanding of the applicability of the various rules and regulations. Here’s your chance to interact with the panel, using real case studies, and discuss which techniques were successful (or not) and receive expert advice from four instructors who’ve learned these lessons. Instructors: Amy Tracy (Moderator), Anna Long, Sandy Walters, Liz Johnson, Ann Shortelle
O. RECENT DEVELOPMENTS IN PROPERTY RIGHTS This course provides the latest state and federal legal decisions and any legislative actions affecting private property rights in Florida, takings jurisprudence, the Bert J. Harris, Jr. Private Property Rights Protection Act, and other government actions that affect private property. For both public and private parties, this course provides a roadmap for avoiding property rights litigation. The course will also provide options for resolving disputes including both litigation and options for creative alternative dispute resolution. Timely and relevant examples will be provided. Audience participation is encouraged. Instructors: Kent Safriet (Moderator), Amy Boulris, Brian Bolves, Kady Valois, Brenna Durden
P. NEPA, CWA, AND ESA UPDATES ON EVOLVING REGULATIONS AND POLICIES UNDER THE BIDEN ADMINISTRATION Public and private sector projects located near wetlands, endangered species habitats, or other protected areas are often opposed by individuals and organizations during permitting proceedings as well as in federal court. Effective permitting of such projects requires a grasp of the changes in the requirements or enforcement of these federal laws under the Biden administration. This seminar focuses on how to build a winning record and strategies for supporting or attacking permitting decisions in the courtroom. This course is ideal for managers and consultants who work on large or controversial projects involving wetlands, endangered species or protected natural resources. Instructors: John Wharton (Moderator), Fred Aschauer, John Lesman, Kerri Barsh, Jena Mier
Q. WHAT TO EXPECT WHEN BEING INSPECTED In this day and age, accessibility to information drives the involvement of stakeholders (e.g., investors, employees, neighbors, environmental groups) at a detailed level in matters of environmental permitting and compliance. The role of the “inspector” expands beyond just the agency regulators but encompasses the public community. How should a company best prepare for an “inspection” – whether it is a DEP review under the State Review Framework or public scrutiny of the vast amount of disclosures and environmental reports? This panel will focus on answering this question by presenting practices for proper data collection and disclosure that can stand up to stakeholder inquiries while still balancing a company’s desire to implement a value-added strategy. Additional considerations addressed in this panel:
- With industry reliance on consistency and transparency, when is voluntary disclosure advised and do more detailed disclosures lend the risk of gaining more exposure?
- What is the appropriate balance of information to keep on file and why is “accurate” rather than “conservative” data more important than ever?
- How can a company balance the risk of exposure to releases/misinterpretations while still adding value to their process for consistency and attaining Environmental and Social Governance (ESG) goals?
All these questions will be explored in the light of both federal and state updates, considerations for Environmental Justice (EJ), and how these changes impact industry. The panel will provide a perspective and guidance from many points of view including state regulators, permitted industry, and legal counsel. Instructors: Michael Ballenger (Moderator), Stacy Watson May, Cliff Wilson, Jeff Prather
R. ENVIRONMENTAL PERMITS UNDER ATTACK: Preparing for and Defending Your Permits and Other Approvals Permits, approvals, and other agency authorizations are critical to your company’s business. But challenges in courts of law and public opinion are becoming increasingly common. These attacks threaten to delay, derail, or undo your permitting effort. This course is designed to help you navigate the steps you can and should take both to plan for and to defend your permit from such challenges. It will include practical advice on how to successfully survive a permit challenge, including identifying key vulnerabilities, building a defensible record, and other early steps to help ensure the long-term success of your efforts. It will also cover the defense of your permit in administrative and judicial proceedings, as well as other settings. Audience participation is encouraged. Instructors: Timothy Webster, Chris Torres, Susan Stephens
S&T. A NEW EYE IN THE SKY: HOW DRONE TECHNOLOGY IS EVOLVING AND CHANGING THE ENVIRONMENTAL INDUSTRY This course has been significantly growing in popularity and is completely redesigned for 2022! Drone technology has impacted the world in a number of ways and has greatly expanded beyond the capture of high-quality aerial video and imagery. The ability of a drone to reach inaccessible or otherwise cost-prohibitive areas has made it a valuable tool that provides on-demand data that is fast, flexible and affordable, and the use cases in the environmental industry are expanding rapidly. This 2-part course of instruction will examine this emerging and quickly evolving industry from the perspective of experts in the technical, and operational and legal aspects of drone utilization.
In Part 1, drone industry experts will examine the many cutting-edge innovations that utilize drones to support the environmental industry. Used in combination with post-processing software, drone imagery can be upgraded to create accurate 2D maps and 3D models for a myriad of products, including topographic surveys, digital surface models, volumetric calculations and 3D models with photorealistic textures. What new ideas are emerging, and how might advances in edge computing, automation, artificial intelligence, and “big data” analytics propel this technology into the future? Fascinating case studies and amazing aerial videos await you!
Part 2 of the course will shift to the business and regulatory aspects of the industry and the evolving legal landscape governing the use of drones. Since the Federal Aviation Administration has begun approving drone use for commercial applications, the environmental industry is being rapidly advanced by the innovations provided by the use of drone technology. How are the regulators responding? What are the business risks, and how can they be appropriately mitigated? If your business currently utilizes or is considering utilizing drone technology, then this course is for you!
Instructors: Keanan Bell (Moderator), Justin Dewey, Brad Pekas, Clint Noble, James Salafia, Tom White
U. EMERGING TRENDS IN UNREGULATED CONTAMINANTS: A DISCUSSION ABOUT PFAS AND LITHIUM The EPA is required by the Safe Drinking Water Act to issue a list of unregulated contaminants once every five years to be monitored by public water systems. The Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) was published on December 27, 2021. UCMR 5 requires public water systems nationwide to sample collection for 30 chemical contaminants between 2023 and 2025 using analytical methods developed by EPA and consensus organizations. The data will inform EPA of the national occurrence of these contaminants in drinking water, which will improve the EPA’s understanding of the frequency that PFAS and lithium are found in the nation’s drinking water systems and at what levels, consistent with EPA’s PFAS Strategic Roadmap. In this new session, a panel of industry professionals, regulators, and attorneys will discuss the background of the UCMR; how the rule affects water quality and quantity; the current prevalence and sources of lithium and PFAS in our drinking water systems and environment, including the impact of electronic vehicles (EVs); and how the rule could affect PFAS and lithium waste generation, recycling and recovery, assessment, remediation, and future regulation. Instructors: Lauren Brooks (Moderator), Nick Albergo, David Latham, Tim Bahr
V. COMMUNITY VULNERABILITY ASSESSMENTS AND PROJECTS TO IMPROVE RESILIENCY This panel is organized as a “How-To,” with experts discussing the latest tools and emerging programs at the State and Federal levels to implement more resilient infrastructure, including resiliency elements that are being added or required to funding programs and projects. Federal and state planning, funding, evaluation tools, and technical assistance programs to support resiliency will also be discussed. Evolving linkages with programs and funding resources for planning and project implementation will be highlighted, along with case studies and recommended best practices. Come prepared with your questions for the panel as we grapple with Florida’s future in an ever-changing climate. Instructors: Brian Cook (Moderator), Alex Reed, Jose DeJesus, Bart Weiss, Alex Awad
W. AN AUDACIOUS PLAN TO PROTECT THE FLORIDA WILDLIFE CORRIDOR – Will it Work? – Will It Work? The Florida Wildlife Corridor is a visionary plan to conserve and connect some of Florida’s most important places. Legislative leaders have made the Wildlife Corridor a priority for state conservation spending. Nearly half of the corridor’s 18 million acres are already managed as conservation land. Of the remainder, 3/4ths is agricultural land. Planning the future of the corridor depends on both traditional and newer strategies including preservation, conservation easements and paying for the ecosystem services privately owned land provides. The panel of experts will discuss the prospects for this audacious conservation plan. Instructors: Eric Draper (Moderator), Cari Roth, Jason Houck, Beth Avi
X. TRYING A DOAH CASE – IT’S ALL ABOUT THE EXPERTS Anyone who has tried and won a DOAH case knows it is all about the experts. So join us and learn what it takes to present winning testimony in a DOAH case from attorneys and experts who have done so, and from an administrative law judge who can share what works and what to avoid. This course will discuss best practices for choosing and preparing your experts for deposition; the state of the law on whether and to what extent attorney communications with expert witnesses are privileged; techniques for conducting a clear, concise and impactful direct examination of experts; developing and using demonstrative exhibits to help explain complex concepts and data in an easily understandable fashion; and strategies for challenging and conducting effective cross-examinations of your opponent’s experts. We will also identify some of the most common evidentiary and procedural pitfalls that can weaken or defeat your case, and share some horror stories. Questions will be welcome. Instructors: Marty Alexander (Moderator), Dan DeLisi, Paria Heeter, Susan Martin, Cathy Sellers
** GROWTH MANAGEMENT UPDATE **
Y. COMPREHENSIVE PLANNING AND GROWTH MANAGEMENT UPDATE This update will cover any changes by the 2023 Legislature to comprehensive planning and DRIs, as well as pending changes in growth management programs and policies; discussion of the future of the regulation of DRIs, as well as large non-DRIs in Dense Urban Land Areas; evaluation of different approval processes for large scale development, including dealing with local government on the myriad of issues each DRI order raises; and examination of pros and cons of rescinding existing DRIs. What are the other viable options for large-scale projects and when to use each – or not? Are regional planning councils going the way of DRI’s? What’s behind the ongoing push for preemption of local government decisions and is it a good or a bad thing? This course is updated every year to discuss new and anticipated legislation, emerging issues and problems and examples of local government innovation. Audience participation is encouraged. Instructors: Darrin Taylor (Moderator), Brian Seymour, Dan DeLisi
Z. WHAT ARE “RIGHTS OF NATURE” AND ARE THEY COMING TO FLORIDA? Efforts to grant “rights” to nature and natural systems have been attempted with varying degrees of success in several states and some foreign countries, and efforts to spread this legal concept to Florida have been increasing in recent years. An amendment to the Orange County Charter was adopted in 2020 to grant rights to certain natural systems there, and a state law preempting such efforts was passed by the legislature in the same year. Both are now being litigated. This course will review the history of the concept, the results of the policy where it has been implemented, the 2020 Florida law preempting its proliferation at the local government level, potential constitutional amendments, and pending litigation. Whether you think this is just regulation, or absolutely necessary to protect Florida’s environment, you will not want to miss this new course! Instructors: Robert Volpe, Lisa Kelley, Toby Overdorf
AA. STRATEGIC PLANNING AND PERMITTING FOR DEVELOPMENT Practical and informative course designed to address strategies for obtaining environmental and growth management approvals for land development projects under Florida’s current laws and agency practices; consideration of effects of recent legislation and administrative actions taken by the Executive Branch; discussion of successful approaches to processing and obtaining environmental permits from regulatory agencies, determinations of when to obtain the required permits and in what order, and the level of specificity and procedural requirements of each agency. Course to also cover tracking and managing activities for compliance with permit conditions, tips for gaining the respect of regulatory agencies, and steps that should be taken to avoid costly enforcement litigation. Audience participation is encouraged. Instructors: Gordon Schiff (Moderator), Abbey Naylor, Robert Volpe, Alessandria San Roman
BB. THE EVOLUTION OF TRANSPORTATION, INFRASTRUCTURE, AND RESILIENCY EFFORTS The transportation and infrastructure challenges in Florida could not be any clearer. Residents and visitors alike are regularly confronted with issues resulting from: population growth, major weather events, traffic congestion, alternating cycles of drought and flooding, and a whole host of resulting consequences to their daily lives. These challenges require an equally rigorous and multi-faceted approach to mitigate the impacts. This panel will examine how transportation and infrastructure needs and opportunities are evolving, about efforts at every level of government to address these issues, and how practitioners are making on-the-ground improvements to keep the Sunshine State a place where people can live and thrive in vibrant, resilient, communities. Instructors: Seth Behn (Moderator), Ken Metcalf, Jannek Cederberg, Adam Kerr, Valerie Seidel
CC. CONCURRENCY, IMPACT FEES AND MOBILITY FEES – THE STATE OF THE LAW ON LOCAL GOVERNMENT EXACTIONS TO FUND INFRASTRUCTURE AND SCHOOLS As growth management has become more local and less subject to state oversight, local governments have diverged in their approaches to paying for infrastructure and public services. In recent years, there have been numerous and overlapping approaches to concurrency, impact fees, and mobility fees that are not always consistent and that vary from one jurisdiction to the next. As always, transportation funding is important, but the funding of schools, the treatment of charter schools, and the creation and use of impact fee credits have all emerged as hot topics. The panelists have been intimately involved in the development of legislative solutions to address these challenges as well as in the implementation of these new statutes. They will discuss recent changes in the law and what’s next in the world of local government exactions. Instructors: Jake Cremer (Moderator), Darrin Taylor, Alan Krischer
DD. AVOIDING PUBLIC HEARING PITFALLS: PREPARATION, PRESENTATION, AND LEGAL CHALLENGES This panel provides practical and legal insights into managing public hearings before local governments from both the private party and local government perspectives. It specifically addresses issues arising in connection with public hearings and how to deal with denials by and challenges to local government decisions. This presentation will focus on strategic matters, provide useful tips, examine new and developing legal issues, and address technical issues. Attendee participation will be encouraged. Instructors: John Chibbaro (Moderator), Randy Coen, Rick Melchiori, Aaron Dunlap, Patrick Krechowski
EE. DOES FLORIDA NEED A NEW RESILIENT APPROACH TO DEVELOPMENT? Florida, a low-lying coastal state, has long borne the brunt of extreme weather, such as hurricanes, and anyone living here after Hurricane Andrew will remember the major overhaul of our building code to improve the strength of coastal construction. But, is that approach enough to meet the adaptation and resilience measures crucial for Florida’s future? In this session, we will discuss three sets of cutting-edge, proven models that present a pathway to a more resilient future. Led by Dr. Jennifer Languell and Ms. Amy Wicks, we will begin with Babcock Ranch, which is a sustainable, master-planned community near Fort Myers. Babcock Ranch’s storm resilient design is a completely new approach to land development, and we will share the process, features, and what is next for this new town. Mr. Jack Fiveash will then discuss National Stormwater Trust’s work for Babcock Ranch and the Florida Department of Transportation, initiatives aimed at managing and mitigating the impacts of stormwater runoff by investing in ‘Smart Pond’ infrastructure. Finally, Dr. Sanjiv Sinha of Corvias/CIS will conclude with a quick overview of stormwater community-based partnerships across the nation, highlighting nearly $350 Million worth of green stormwater projects deployed across Mid-Atlantic, Great Lakes, and the West Coast. Instructors: Sanjiv Sinha (Moderator), Jennifer Languell, Jack Fiveash, Amy Wicks
** SPECIAL COURSE SERIES ON AIR QUALITY, ENERGY, SUSTAINABILITY, AND CLIMATE CHANGE **
FF. NEW DEVELOPMENTS IN FLORIDA’S AIR QUALITY REGULATIONS This panel will provide an overview of major federal and state air quality legislation, rules, litigation, and initiatives, with focus on how your normal business operations in Florida will be affected. This timely and informative course will examine EPA’s SIP Call regarding startup, shutdown and malfunction emissions and National Ambient Air Quality Standards for ozone and PM2.5. Other issues to be discussed include environmental justice and air permitting, the current state implementation of the federal regional haze rule, the latest developments regarding EPA’s CO2 rules, and changes to federal and state approaches to New Source Review. This informative session is designed to help you stay current on the latest rules and policies – Come prepared with your questions for this panel of experts. Instructors: Robert Manning (Moderator), Michael Ballenger, Max Lee, Jeff Koerner
GG. CLIMATE CHANGE, THE REGULATION OF GREENHOUSE GAS EMISSIONS, AND IMPACTS ON FLORIDA’S ENERGY FUTURE John Hampp, FPL’s Environmental Director, will address the complexities of providing electrical energy in Florida that meets the reliability, price, and environmental energy needs of regulators, customers, and communities. Angela Morrison will explain EPA’s recently proposed carbon dioxide (CO2) emission standards for existing coal and natural gas-fired power plants that would require the use carbon capture and sequestration (CCS) and hydrogen co-firing to meet the limits and what this could mean for Florida utilities if adopted. She will also briefly describe other important new greenhouse gas regulations and energy transition projects impacting utilities and industry in Florida. Ken Kosky, who has helped license over 30,000 megawatts of power production in the state, will share his insights on Florida’s electrical generation transition and greenhouse gas emissions in the past, present, and projected for the future. His projections for the future will contrast what would be expected under a business-as-usual case compared to reductions that would occur under EPA’s newly proposed standards that would significantly limit CO2 emissions from new and existing coal and natural gas-fired power plants. David Thorley, Director of Air Programs for Waste Management, will explain new methods being developed and used to measure and quantify methane emissions from landfills, treatment methods to reduce those greenhouse gas emissions, and EPA’s next round of emission standards. Jeff Koerner, Director of the Florida DEP Division of Air, will share updates related to electric vehicle charging stations, electric school buses, electric transit buses, and other projects related to the VW settlement grants. Instructors: Angela Morrison (Moderator), Ken Kosky, Jeff Koerner, Dave Thorley, John Hampp
HH. IMPROVING COASTAL RESILIENCY IN RESPONSE TO THE THREATS OF SEA LEVEL RISE AND CLIMATE CHANGE This informative and extremely popular course has been updated once again for 2023! This panel of agency, industry, and legal experts will explore the projected impacts of climate change and sea-level rise in the context of infrastructure, natural systems, planning, and law. Come prepared with your questions for the panel as they provide a federal overview of the current science and policies related to climate change with a specific focus on impacts in Florida. The discussion will identify current and future regulatory implications of sea-level rise in Florida, regional partnerships/collaborations, and state and federal laws, policies, and regulations that address coastal resiliency. The panel will also examine potential adaptation and mitigation strategies to protect infrastructure and natural systems, anticipated hurdles to adaptation strategy implementation and liability, and legal considerations for climate planning and response. Instructors: Erin Deady (Moderator), Jennifer Jurado, Michael McMahon, Wes Brooks, Mike Flood
II. DISASTER MITIGATION, THE INSURANCE INDUSTRY, AND CLIMATE RESILIENCY This session will provide an overview of policies and regulations that link disaster mitigation policy to climate resiliency issues. The presentation will explore these linkages as well as room for improvement in them. With major storms continuing to impact Florida every few years, agency orders are also a policy implication to be considered, both in short-term response and long-term planning factors. Case studies will be presented that harmonize the concepts of planning for, or responding to, disasters and incorporating aspects of future resiliency into projects. Finally, the session will also explore an important relationship with insurance and funding mechanisms, some of which provide dual benefits in the disaster mitigation and recovery realm as well as the flexibility to add components that address future resiliency. Instructors: Sidney Bigham (Moderator), Paul Tschirky, John Regan, Wes Rimes, Hannah Hart
JJ. ADVANCED STORMWATER TREATMENT BMPs TO REDUCE RUNOFF VOLUMES AND NUTRIENTS IN SURFACE WATER DISCHARGES Advanced Best Management Practices (BMPs) can provide multiple benefits of runoff and pollutant load reduction, aquifer recharge, flood mitigation, reduced freshwater discharges, temperature moderation, reduced water supply consumption for irrigation, shade and habitat, and life cycle cost savings. Traditional stormwater BMPs have varying effectiveness in reducing runoff and nutrient discharges to Florida’s surface waters. Increases in freshwater runoff and nutrient discharges contribute to the list of Florida’s surface waters that are designated as impaired. Excess nutrients also feed harmful algae blooms. Advanced stormwater treatment BMPs can be used in conjunction with, or in lieu of traditional stormwater treatment practices in a BMP Treatment Train to increase runoff capture and nutrient reduction efficiencies. Some local governments and private developers are already implementing these advanced stormwater treatment BMPs. This session will provide an update to policymakers, developers, designers, and other community stakeholders on applications of both green LID and advanced stormwater treatment BMPs that can help reduce excess nutrients in stormwater and better protect Florida’s surface waters. Instructors: David Kramer (Moderator), Michael Schmidt, Dayton Marchese, Marty Wanielista, Scott Deitche
KK. THE EFFECTS OF THE NET-ZERO MOVEMENT As industries move toward a reduced carbon society, they are faced with regulatory and operational challenges. Florida industry representatives from mining, power, ports, and municipalities will discuss their action plans and policies and the benefits (and costs) of moving towards a reduced carbon society. Instructors: Manitia Moultrie (Moderator), Chris Cooley, Paula Cobb, Darius Nassiry, Glen Hadwen, Brian Accardo
** FLORIDA’S WATER SUPPLY CHALLENGES: ISSUES AND ANSWERS **
LL&MM.CENTRAL FLORIDA WATER INITIATIVE UPDATE Advanced discussion of multiple issues including emerging challenges in meeting future water demands; innovative water supply projects; meeting the conceptual costs of distribution and storage of reclaimed water; legal and policy issues regarding the control of reclaimed water for future public and private reuse; and regulatory challenges and innovative approaches to addressing these issues. One such approach is the Central Florida Water Initiative (CFWI). The CFWI area covers all or part of five central Florida counties and includes portions of three water management districts, the Florida Department of Agriculture and Consumer Services, as well as several regional public water utilities, landowners, local governments, agriculture, and various other stakeholder interests.
Part I of the course will explore innovative water supply projects that are emerging around Florida, including the CFWI, and the role of utilities and other significant water users now and into the future.
Part II will explore how Florida will be meeting future water supply needs via new or alternate funding and public acceptance of new technologies: For example: How will recent developments in the implementation of the Florida Land and Water Conservation Amendment impact future water supply? How do we engage the public and improve awareness of future water supply needs? Here’s your chance to listen, learn, and participate during this “must-attend” course.
Instructors: Laura Olympio (Moderator), Ed de la Parte, Brian Armstrong, Mary Ellen Winkler, Beth Ross, Steven Memberg, Robert Beltran
NN. AQUIFER RECHARGE, AQUIFER STORAGE AND RECOVERY, UNDERGROUND INJECTION CONTROL, AND POTABLE REUSE This panel will discuss the current status and issues involving Florida’s underground injection control (UIC) regulatory program that authorizes the injection of fluids into underground formations and aquifer recharge projects. The panel will focus on the expanded use of aquifer storage and recovery and aquifer recharge projects involving potable, surface water/stormwater, or reclaimed water to enhance water supplies. The panel will cover changes to underground injection and aquifer recharge resulting from DEP’s recent indirect potable reuse regulations. Additionally, the panel will discuss the recent US Supreme Court Maui decision and the subsequent EPA Maui Guidance to determine when an NPDES permit may be required for groundwater injection projects. Finally, the use of exemptions and variances to obtain UIC approvals for these projects will be examined. Overcoming issues and impediments to obtaining UIC authorizations for deep well disposal of waste streams will also be discussed. Come prepared to listen, learn, and participate! Instructors: Mike Condran (Moderator), Eric Olsen, Jeff Greenwell, Mark McNeal, James Guida
OO. LINKING GROWTH WITH WATER SUPPLY AVAILABILITY Discussion of integrating regional water supply plans of local government with the plans and projects of water utilities through a prescribed planning process requiring cooperation between water management districts and local and regional water management districts and local and regional water utilities; regulatory incentives for the development of alternative water supplies; financial assistance for utilities; linking the growth management plans of local governments with the plans and projects of water utilities; applying the principles of consistency with concurrency as set forth in Florida law and implementing rules. Audience participation is encouraged. Instructors: Rey Malave (Moderator), Matt Wissler, Gary Hubbard, Clint Brown
PP. MINIMUM FLOWS AND LEVELS To prevent significant harm to the water resource, the water management districts must adopt minimum flows and levels (MFLs) for waterbodies and groundwater according to an annual priority list. If the waterbody does not meet or is projected not to meet, the adopted minimum flow or level, the district must adopt a recovery or prevention strategy. Some districts are re-evaluating their minimum flows and levels to see if they were set correctly. Minimum flows and levels and their associated prevention or recovery strategies can affect water users by causing cutbacks on existing sources, forcing the development of alternative water supplies, and forcing participation in the aquifer or surface water body recharge projects, in each case creating general uncertainty. A Water Reservation sets aside a volume of water for the protection of fish and wildlife or public health and safety. Reserved volumes of water are unavailable for allocation to consumptive uses. This course focuses on the process by which MFLs and water reservations are developed and adopted, while also identifying where MFLs and water reservations are already in place or are scheduled for adoption in the future, how water users are impacted, and what you can do to protect your water uses. Instructors: Doug Manson (Moderator), Sean King, Jennette Seachrist, Kathleen Coates, Clay Coarsey, James Beerens
QQ&RR. ALTERNATIVE WATER SUPPLY AND REUSE In this advanced, two-part course, a panel of water policy experts will discuss Florida’s growing demand for water, and policy options for growing the “water pie” to satisfy these future demands. While conservation is an important tool, states must incorporate reuse as a source of water to meet growing needs and protect against environmental degradation. Is it time to recognize that there may be better uses for reuse water than residential irrigation? Is Florida ready to accept indirect or direct potable reuse? Is the future for reuse related to aquifer replenishment? Part 2: Join us for an intriguing discussion on the policies needed to advance reuse in the Sunshine State including a discussion on 2022 legislation, the Potable Reuse Commission, DEP reclaimed water phase II regulatory activities, national reuse activities, direct and indirect potable reuse, end-users’ concerns, while also highlighting successful projects and future projects such as regional aquifer replenishment. Instructors: Laura Donaldson (Moderator), Chuck Drake, Randy Brown, Lynn Spivey, Kerry Kates, Mandi Rice
SS. USING PUBLIC-PRIVATE PARTNERSHIPS TO SOLVE FLORIDA’S WATER CHALLENGES Florida is faced with significant local and regional water supply, water quality and other water resource challenges in the coming decades unless proactive actions are taken. The need for new investments in water infrastructure is growing, while local governments and other governmental agencies are faced with fiscal, risk-based and capability constraints. Private sector expertise and financing is needed to play a key role in replacing and expanding Florida’s water infrastructure. Part of the solution may be public-private partnerships (P3) through the development of contractual arrangements. In 2019, federal, state, and local governments spent well over $500 billion to design, build, operate, and maintain transportation and water infrastructure in the United States. The panel will discuss P3 opportunities, legislative initiatives at the state and federal level, as well as case studies in meeting Florida’s future water resource needs. This is a timely and highly recommended course! Instructors: John Fumero (Moderator), Terri Holcomb, Ernie Cox, Cari Roth
** SPECIAL COURSE SERIES ON WATER QUALITY **
TT. NEW DEVELOPMENTS IN WATER QUALITY PERMITTING With all the attention on emerging contaminants of concern, including PFOA/PFAs controversy, this course is a must-attend! This panel of experts will provide timely updates on new ways the Department of Environmental Protection and EPA are addressing water quality issues; also includes basic as well as advanced discussion on water quality discharge permitting, whether from industrial, domestic, or other discharge sources; emphasis on current agency practices, and updates on pending legal changes; emerging water quality issues affecting industry, regulations and the general population. Come prepared with your questions! This course is designed for extensive audience participation. Instructors: Rep. Toby Overdorf (Moderator), Greg Corning, Nigel Lewis, Viraj deSilva
UU. WATER QUALITY CREDIT TRADING After years of little or no meaningful trading activity, Water Quality Credit Trading seems to be emerging again as a topic of interest and potential tool for addressing Florida’s many nutrient-enriched watersheds. Our panel of experts will examine some recent examples of innovative nutrient trading, evaluate the legislation filed in 2022, and discuss some new approaches to managing nutrients in impaired watersheds. Given the few examples of trades accomplished using the FDEP’s Chapter 62-306, is it time for a major overhaul of this rule? The audience should come prepared with your ideas and ready to participate in what is sure to be a lively and thought-provoking discussion! Instructors: Rick Renna (Moderator), Mark Thomasson, David Kramer, Greg Knecht
VV. WATER QUALITY METRIC IMPLEMENTATION AND RESTORATION OPTIONS This course is completely redesigned for 2022, expanding the focus of the “Numeric Nutrient Criteria Update” from past years. This course now focuses on the implementation of water quality standards with an emphasis on recent or proposed changes. Panelists will provide examples of current experiences around the state, including how affected parties are dealing with the scientific, technical, and legal issues involved in the application of water quality criteria in Florida. Engineering and agency perspectives and case examples will be discussed, providing insight into what comes next, including water quality restoration plan options. There will be an opportunity for exchange among panelists and the audience during this highly technical course designed to explore and provide an update on navigating the changes and options available to achieve water quality metrics. Instructors: Emily Keenan (Moderator), Kim Shugar, Tony Janicki, Patrick Shearer, Gary Serviss
WW. FLORIDA MS4 AND NPDES UPDATE The panel of experts will provide a timely update on procedural and substantive considerations in permitting under the NPDES program, including stormwater; numeric nutrient criteria; program administration; case law update, including Sackett v. EPA regarding Waters of the U.S.; enforcement and citizen suits; additional compliance considerations; how to interpret complex regulations; examples of industrial and construction applications; implementation of stormwater NPDES; MS4 program; current agency practices; and emerging trends and issues. Audience participation is encouraged! Instructors: Greg Munson (Moderator), Robert Potts, Karen Snyder, Borja Crane-Amores
XX. COMPREHENSIVE WATERSHED MANAGEMENT The panel of experts will provide an in-depth examination of agency emphasis on watershed management as a means of comprehensively integrating a variety of planning and regulatory programs currently implemented by DEP and water management districts; these include TMDLs, stormwater, NPDES, PLRGs, Water Quality Credit Trading, and both structural and non-structural floodplain planning and management; practical considerations; organizing stakeholders; discussion of the need for statutory changes as well as changes to current agency practices. Audience participation is encouraged. Instructors: Debbie Madden (Moderator), Ann Redmond, Mark Ellard, Mike Register
YY. ALTERNATIVE SYSTEMS FOR WASTEWATER TREATMENT Wetlands can provide for natural, low-energy, and environmentally beneficial water quality improvement. This exciting course describes the history, regulations, progress, and prospects in treatment wetland science and engineering in Florida and includes a summary of Florida’s unique Wastewater Application Rule (Ch. 62-611, FAC); a detailed overview of treatment wetland design and benefits, with pertinent case histories of wetlands providing water quality treatment, recharging aquifers, and creating high-quality wetland habitat; and case histories illustrating recent advances in natural treatment technologies that minimize area requirements while intensifying performance. Audience participation is encouraged. Instructors: Rafael Vazquez-Burney, Chris Keller, Tracey Piccone
ZZ. AGRICULTURAL WATER POLICY: The Latest Updates from FDACS This new course for 2023 will give you the latest information on water quality BMPs, water use and reuse on agricultural lands, and other policy changes resulting in the change of leadership at the Florida Department of Agriculture and Consumer Services. Come hear from West Gregory, the new Water Policy Director, and a panel of water policy experts on the latest updates affecting agriculture and Florida’s water resources. Instructors: Robert Williams (Moderator), Len Lindahl, West Gregory, Stan Posey, Mike Register
AAA. SEPTIC TANK POLICY UPDATES Florida has been grappling with septic tank policies since the infamous mandatory septic tank inspection requirement was adopted in 2011 and repealed in 2012. If this subject interests you, and it should if you are in the residential development industry or interested in the water quality of our state (or both!), this course is a must-see! Come hear from a panel of experts, who will discuss (and possibly debate) the major policy changes stemming from the Blue Green Algae Task Force and the Florida Clean Waterways Act and culminating in recent revisions to septic tank regulations and expanded wastewater grant eligibility. You will also hear about the latest changes to the septic tank regulatory program since its relocation from FDOH to FDEP and emerging regulatory, policy, and grant funding options. Bring your questions! Audience participation is highly encouraged! Instructors: Herschel Vinyard (Moderator), Dr. Kendra Goff, Scott Forrester, Bill Cagle, Roxanne Groover
** WETLANDS PERMITTING AND MITIGATION **
BBB. THE ESSENTIALS OF OBTAINING AN ENVIRONMENTAL RESOURCE PERMIT: THE NUTS AND BOLTS OF ERP PERMITTING This course will provide a detailed and in-depth breakdown of all aspects and components necessary for the environmental professional to obtain an ERP permit in an efficient and effective manner. This course will take the audience through all the steps in the review and issuance of an ERP permit including an administrative permit challenge. In addition, the course will discuss how new and proposed rules and policies are affecting the permitting process. Learn from this highly-experienced panel all of the essential criteria and policies, including wetland and mitigation requirements, stormwater requirements, water quality and administrative and legal requirements critical to finalize a permit. This course is a must for environmental professionals who want to understand all aspects of ERP permitting to better represent their clients and deliver efficient results. Audience participation is encouraged. Instructors: Luna Phillips (Moderator), Shannon Ruby Julien, Michelle Hopkins, Carl Spirio
CCC. WHAT’S NEW IN ENVIRONMENTAL RESOURCE PERMITTING Think Environmental Permitting in Florida is an old hat? Think again! This important area of law is constantly evolving, formally or otherwise. This extremely informative (and perhaps even a little fun) course combines the legal principles of ERP permitting, including policy and rulemaking updates, with practical tips for achieving compliance and avoiding process “pitfalls” from regulators and practitioners. The presentation will be led by lawyers and scientists from the public and private sector who will engage in free flowing dialogue with the audience whenever possible. Questions are highly encouraged! The course assumes a working knowledge of the ERP process and criteria, and it is intended to examine emerging issues that make or break applications, including those subjected to the extraordinary scrutiny of an administrative hearing, and what those issues mean for ERP applicants. Instructors: Felicia Kitzmiller (Moderator), Shannon Gonzalez, Julie Sullivan, John Fumero
DDD. FEDERAL WETLANDS PERMITTING UPDATE This excellent course provides the latest updates to the Army Corps of Engineers’ Section 404 (Clean Water Act) and Section 10 (Rivers and Harbors Act) permitting process, including best practices for navigating through their complexities. Our panel of experts will feature step-by-step analysis of the ACOE permitting process including illustrative case study examples; emphasis on the key components to enhancing the speed of the application process; and avoiding pitfalls and other time sinks in order to obtain a favorable ACOE decision. This advanced course is designed for active audience participation. Instructors: Susan Stephens (Moderator), Mike Drauer, Jessica Cordwell, Kerri MacNutt
EEE. WETLAND JURISDICTION METHODOLOGY: A STATE AND FEDERAL UPDATE This course is updated every year to address recent rule and policy changes at the state and federal levels. If you want to know precisely how wetland jurisdiction is determined, and the subtle and not so subtle differences between Florida’s uniform statewide wetland methodology and Federal wetland methodology, and how these differences may or may not apply to your project after the state assumption of the Federal 404 program, this is your course! This carefully designed panel discussion will analyze state and COE wetland jurisdictions, making use of comparisons and contrasts as appropriate; covers application of vegetation, soils and hydrologic indicators in determining presence of wetlands using state and COE methodologies; covers altered and non-altered sites; emphasis on practical application and dispute resolution; examples and case studies will be discussed. You will also hear the latest updates on wetlands law and regulation at the federal level, including the status of recent and ongoing legal challenges, any new guidance or policy put forward by the new Administration, and what they could mean for development in Florida. This course is designed for extensive audience participation. Instructors: Mike Dennis (Moderator), Ed Murawski, Debbie Madden, Steven Currie
FFF. UMAM BASICS AND BEYOND In Florida, the Uniform Mitigation Assessment Method (UMAM) is used by local, state and federal regulatory agencies to determine the amount of mitigation necessary to offset impacts to wetlands and other surface waters and the number of mitigation credits to be assigned to a mitigation bank. This course will focus on UMAM fundamentals with additional discussion reflecting any recent policy or rule changes under consideration by the FDEP and the panel’s experience with thousands of individual UMAM assessments. Audience participation is encouraged. Instructors: Penny Cople (Moderator), Ed Cronyn, Shannon Gonzalez
GGG. WETLANDS MITIGATION BANKING LATEST UPDATES The growth of Florida’s mitigation banking industry has resulted in over 100 permitted banks providing mitigation to 4,000+ projects throughout the state. As the industry evolves, changes in regulatory and policy standards are inevitable. This course focuses on recent changes on a national and state level that affect the mitigation banking industry and associated development in Florida. Prospective and current mitigation bankers and users of mitigation bank credits need to understand these changes to ensure compliance and to achieve efficient and timely permit processing. Updates will be provided on USACE’s new Mitigation Banking Instrument, new Financial Assurance requirements, changes in the definition of Waters of the United States (WOTUS) and mitigation challenges associated with Florida DOT projects. Instructors: Kae Hovater (Moderator), Cory Wilson, Chris Tanner, Penny Cople, Victoria Colangelo, Tim Rach
HHH. STREAM RESTORATION AS A BMP – FROM FEASIBILITY TO IMPLEMENTATION This course was new in 2021 and is back by popular demand! Stream restoration projects can provide numerous benefits to the watershed and local communities; including pollutant attenuation, enhanced fish and wildlife habitat, flood hazard reduction, erosion control, and improved quality of life and economic stimulus through enhanced recreation. This course focuses on the different components that encompass stream restoration projects, which include project siting and acquisition, stream classification, feasibility, design and permitting, construction and post-construction monitoring, and more. This session will highlight case studies with innovative stream restoration techniques specifically suited for Florida conditions. Circumstances favoring turnkey and watershed solutions, versus modular and local services, will be discussed. In addition, panelists will share how stream restoration as a BMP could provide water quality credits for BMAPs and future banking opportunities. Come prepared with your questions for this panel of experts! Audience participation is highly encouraged! Instructors: Mary Szafraniec (Moderator), Shelley Thornton, John Kiefer, Brooke Langston
** COASTAL PERMITTING AND STATE SOVEREIGN LANDS **
III. PERMITTING AND DEVELOPMENT IN THE MARINE ENVIRONMENT So, your proposed project is located over state-owned, Sovereign Submerged Lands, or in an Aquatic Preserve. How do you navigate the additional hurdles such as considerations over highly protected marine resources, greater limitations on project size or scope, limitations or even prohibitions on dredging, and a potential visit to the Governor and Cabinet? Come listen to a panel of experts as they provide an overview of the latest changes, emerging issues and challenges with regard to DEP’s proprietary authority over state-owed submerged lands and the special protections over designated Aquatic Preserves. The course includes recent developments regarding balancing the rights of riparian waterfront owners versus the public interest consideration in state-owned submerged land; a discussion of special permit conditions, practices in requesting authorization to use sovereign submerged land for private uses; and the process of gaining approval for your project from the Division of State Lands and the Governor and Cabinet. Bring your questions, because this course is designed for extensive audience participation! Instructors: Andy Baumann (Moderator), Tim Rach, Spencer Crowley, Danielle Irwin, Jen Mathia
JJJ. FLORIDA BEACH MANAGEMENT AND COASTAL PROGRAM UPDATE Beaches are a valuable resource in Florida, as they provide storm protection to upland infrastructure, nesting habitat to sea turtles, and recreational value to tourists and locals. Since coastal development and navigation inlets have interrupted the natural littoral drift of sediment along much of Florida’s coastline, it is necessary to nourish these sandy beaches on a recurring basis. Additional development within this dynamic and sensitive coastal beach environment requires a special permit from the Florida Department of Environmental Protection. This course examines the regulatory framework and practical aspects of Florida’s beach management and Coastal Construction Control Line programs and covers current agency procedures and practices; emerging agency policy; and special permitting considerations for storm impact planning and emergency response, including appropriate use of coastal armoring structures. Always a timely and informative course. Instructors: Fred Aschauer (Moderator), Christy Brush, Mark Powell, Lainie Edwards, Penny Cutt
KKK. MANGROVES SEAGRASSES AND LIVING SHORELINES This session will address the types of permits (CCCL, ERP, JCP) that apply to marine-related projects and includes presentations on how the ecology and biology of Florida’s seagrasses and mangroves drive the reality of regulatory responses; what restoration options and assessment strategies are available and appropriate; the challenges of the permitting process and the importance of establishing realistic restoration goals that can be measured as well as attained. Also, some focus will be given to UMAM assessments for seagrass impacts and mitigation; living shorelines, mangrove restoration and other estuarine restoration techniques; and restoration site selection, techniques, and monitoring in the context of the regulatory environment. This course provides excellent coverage of a very complex subject. Instructors: Ray Dennis (Moderator), Mark Fonseca, Vincent Encomio, Jason Andreotta, Jennifer Baez, Rick Harter
** IMPERILED SPECIES **
LLL. FUTURE DIRECTIONS FOR SPECIES MITIGATION AND CONSERVATION BANKING This panel will provide the latest information on Candidate Species Updates, State and Federal current and future mitigation policies related to species, and the implications for both public and private infrastructure projects. This course covers new mitigation policy related to species impacts for all USFWS agency actions under both the CWA and ESA. Discussion of updated Imperiled Species Action Plans. Get the latest information and hear the discussion on the implications for Florida. Instructors: Kae Hovater (Moderator), David John, Constance Cassler, Jason Hight, Brent Setchell
MMM. OVERVIEW OF REGULATIONS AND EMERGING ISSUES AFFECTING IMPERILED SPECIES Many imperiled wildlife species spend some if not all of their life-cycles in Florida. The Florida Fish and Wildlife Conservation Commission has been working closely with the U.S. Fish and Wildlife Service in developing effective regulations that promote the conservation and management of imperiled species and habitats in Florida. The members of this panel have been actively involved in the development and implementation of these important management practices, policies, guidelines, and regulations. The panel will review current federal and state regulations, and discuss emerging issues affecting imperiled wildlife species and habitat and how those issues could affect land uses in Florida. Bring your questions—this panel encourages panelist collaboration and audience participation! Instructors: Jeff Collier (Moderator), Jason Hight, Larry Williams, Colleen Reilly, Raoul Boughton
NNN. SUCCESSFUL APPLICATIONS OF IMPERILED SPECIES MANAGEMENT PRACTICES No less than a dozen landscape-scale wildlife and habitat planning programs are being implemented collaboratively in most cases by the Florida Fish and Wildlife Conservation Commission, U.S. Fish and Wildlife Service, other regulatory agencies, and conservation organizations. These initiatives generally involve the development of state-wide management plans for high-profile wildlife species, implementation of a revised state-listed process for imperiled wildlife species, habitat identification and ranking analyses for preservation, best management practices, and consolidation of regulatory processes. Each of these programs has the potential to profoundly affect the way we conduct business in Florida while conserving listed species and the habitats upon which they depend. Members of this panel will offer a review of these evolving programs by providing insight into current industry efforts and practices to benefit wildlife, detailing key imperiled species issues, and providing examples of challenges and successful management applications. Come prepared with questions. Audience participation is encouraged! Instructors: Colleen Reilly (Moderator), Austin Carroll, Dylan Larson, Kristin Eaton, Cole Fredricks, Gisele Colbert
OOO. FRESH FROM FLORIDA: Emerging Issues in Agriculture and Their Effect on the Environment This course is completely redesigned for 2023! Florida agriculture has a significant role to play in meeting the food and commodity production needs of a growing world population and an equally important role in environmental stewardship. This course will discuss emerging issues that are likely to impact Florida farmlands and the Florida agricultural community, particularly those issues affecting the use and management of agricultural lands and the impact of those practices on wetlands, wildlife and conservation. Expect the panelists to discuss recent state and federal legislation affecting agriculture in Florida, emerging topics in wildlife best management practices (BMPs) for agriculture, and new approaches for obtaining both binding and non-binding determinations on whether your activities on agricultural lands need an Environmental Resource Permit or a “Section 404” permit for activities in Waters of the United States. The panel of experts will also discuss strategies on agricultural lands that can minimize environmental impacts, avoid permitting requirements, and manage wildlife interactions to minimize conflicts. We will even attempt to forecast the future of agriculture in the state, with new cash crop opportunities like hemp production and what that might mean to the state. Don’t miss it! Instructors: Susan Stephens (Moderator), Steven Hall, Jason Hight, Valerie Seidel, Ansley Tilley
PPP. THREATENED AND ENDANGERED SPECIES IN THE MARINE REALM Extremely timely and informative course will “cover the bases” from NEPA to permitting; critical environmental issues including Johnson Seagrass, ESA protected marine species and essential fish habitat, sea turtles, and marine mammals; use of UMAM and HEA for determining mitigation requests; examples of lessons learned in dealing with and applying federal and state requirements to seaports, beach renourishment, and coastal development; discussion of emerging issues. Audience participation is encouraged! Instructors: Penny Cutt (Moderator), Bill Precht, Mary Jo Barkaszi
** WASTE MANAGEMENT AND SITE REMEDIATION **
QQQ. WASTE MANAGEMENT PROGRAMS OVERVIEW The Division of Waste Management touches many areas ranging from Brownfields and emerging contaminants to solid and hazardous waste regulation. It also formulates policy and coordinates with the six regulatory Districts on enforcement and compliance assistance. This is a class to introduce a wide audience to one of the largest operations units of FDEP. You will learn what are the Division’s several programs and how they are implemented throughout the State and relate to ensuring that as Florida grows, the Division keeps pace with its mission. Has compliance assistance paid dividends on RCRA, USTs, solid waste, and other programs’ compliance? What are the most common violations on several programs? What do their data and dashboards show? How can most RCRA, UST, and solid waste violations be avoided? What are the latest trends in Risk Assessment and the interaction between the Division and risk assessors? What are the next areas of engagement in Risk Assessment? As several cleanup programs mature, what will be emerging contaminants that all stakeholders will have to be prepared for (hint… like PFAS)? How are the Division and industry reacting to these? How does the Division relate to other Divisions? Our panel will consist of past and present state regulatory leaders, private corporate leaders, consultants, and attorneys who will give their impressions and encourage audience participation. Instructors: Joe Ullo (Moderator), Todd Kafka, Theresa Booeshaghi, Stephen Tilbrook, Catherine Soistman
RRR. HOT TOPICS/EMERGING ISSUES IN WASTE MANAGEMENT The last few years have seen a cascade of changes in contaminated media management, site cleanup, and closures, as well as site redevelopment. 2021 was no different as we have witnessed several guidance documents being updated and new ones being issued. There are also new emerging elements for site closures involving Water Management Districts that may be of significant consequence. The PFAS firestorm and upcoming EPA and Congress actions will likely have serious consequences for everyone involved in real estate transactions, assessments, and cleanups. Recently proposed legislation on agricultural land will have profound effects on risk management in land redevelopment. We will also discuss PFAS legislation, its aims, and what to expect. The round-table format discussions will involve the latest in policy changes and several other hot topics that are sure to capture the audience’s attention. This class has been standing-room only in the past and the round-table format allows active panel and audience interaction. Come, listen and learn from instructors that are at the forefront of hot issues, how they navigate through the latest challenges, and what they predict will evolve into the decade. Instructors: Jorge Caspary (Moderator), Ron Noble, Laurel Lockett, Travis Hearne, Al Malefatto, Mike Petrovich, Jason Lichtstein, Howard Nelson
SSS. FLORIDA SOLID WASTE REGULATION UPDATE Florida has long been one of the nation’s leaders in effective waste management and recycling programs. Florida’s population is anticipated to reach nearly 26 million residents by 2030. How will the State address the waste management demands of these additional residents? Is there sufficient landfill capacity across the State for the decades ahead? Are there other waste management and disposal technologies on the horizon to meet the needs of Florida residents and businesses? Now that Florida missed its mark in achieving a 75% recycling rate by 2020, what’s next? A downward adjustment to the goal? No stated goal? How does Florida improve its recycling programs in the face of current technical, regulatory, and market challenges and obstacles to recycling like contaminated recyclable material and decreased international demand for recyclable materials? Hear this panel of experts address these topics and a wide range of other waste management regulatory issues and forecasts including industrial solid waste disposal developments, and “recycling” of former waste disposal areas into productive land uses. Instructors: Mike Petrovich (Moderator), Brian Moore, Dawn McCormick, Gene Jones, Tim Bahr
TTT&UUU. FLORIDA BROWNFIELDS: A COMPREHENSIVE TECHNICAL, REGULATORY, AND LEGAL UPDATE
Part 1: This panel will examine the current state of regulatory and financial incentives as well market dynamics, financing considerations, and other concerns that help private developers and local governments collaborate to overcome the risk, limit the liability, and manage the cleanup costs associated with taking title to and redeveloping contaminated sites. Specific examples of successful and profitable projects and the community benefits they create will be discussed.
Part 2: A comprehensive discussion of applicable Florida and federal rules and best management practices will be presented by a leading panel of Florida experts who will also provide a replicable, scalable, and easy-to-follow path for private development principals, local government planners, lenders, and other brownfield stakeholders. In addition, this year we will discuss and debate the recently proposed Brownfields legislation on Agricultural lands that would affect how former agricultural land is redeveloped in Florida. This legislation has the potential to be a paradigm change in how will Florida manage its relentless growth and it is one of the hottest topics in Brownfields in Florida. After this class, attendees will be well-positioned for success.
Instructors: Michael Goldstein (Moderator), Mike Schackne, Maribel Nicholson-Choice, Robyn Neely, Janet Peterson, Rick Burgess, Tom Lewis, Theresa Booeshaghi
VVV. EMERGING ISSUES IN POLLUTION LIABILITY IN FLORIDA On December 19, 2019, the Florida Supreme Court issued its ruling in Lieupo v. Simon Trucking, holding that Section 376.313, Florida Statutes, a statute which was previously argued to be limited to private claims for property damage, includes claims for personal injury damages. The Florida Legislature and businesses support groups have expressed an interest in restoring the liability limitations but so far no legislation has been proposed; however, momentum appears to be building to address this in the future. Without a solution, what have been the most recent consequences for Florida’s businesses and industries to date? This recent ruling is expected to only increase the recent national trend of private environmental litigation, which includes those lawsuits filed in response to the emerging contaminants PFOS/PFAS, which has also been receiving intensive regulatory attention. This course will cover these emerging issues, explain the legal and technical issues which arise in these cases, highlight the resulting potential impacts to property owners and businesses, and provide a forum for discussion on what businesses and industries can do to prepare for and respond to these claims, including insuring against such risks. Instructors: Ralph DeMeo (Moderator), Frank Hearne, Meredith Delcamp, Jim Oliveros, Chris Teaf
WWW. REMEDIATION AND SITE CLOSURE STRATEGIES – Practical Solutions to Complex Sites This course presents legal and practical strategies for site remediation in a variety of scenarios. Case studies will focus on creative solutions, regulatory flexibilities, and innovative technologies used to achieve site closures. A must-attend, timely, and informative course designed for active audience participation. Instructors: Carl Eldred (Moderator), Eddy Smith, Jeff Peters, Steven Folsom, Robert Wojcik
XXX. LAND AND GOLF COURSE REDEVELOPMENT: OPPORTUNITIES AND CHALLENGES The continued population growth in our State has triggered substantial challenges regarding land use, availability of water (quantity and quality), and clean, developable land with ready infrastructure. As part of an urban infill approach to preserve green lands, some of the alternatives to accommodate population growth are closed golf courses and available former agricultural land located near urban areas. However, these options present a unique set of challenges ranging from soil and groundwater contamination on and off property boundaries to comp plans changes, to administrative challenges by affected parties to land development. Another challenge is achieving environmental closure on contamination using Institutional Controls. Even in the face of these seemingly difficult challenges, opportunities to redevelop golf courses and former ag land exist. How can some of these issues be resolved? What does it take to achieve land development that is environmentally sustainable and protective of human health? This is the first time this class and this timely topic will be offered and we expect standing room only. The class is designed so the audience can learn to navigate the process and how some of these challenges are currently being met. The round table forum allows for plenty of audience participation and feedback. Instructors: Howard Nelson (Moderator) Robyn Neely, Ron Noble, Eddy Smith, Wilbur Mayorga, Nicole Neugebauer