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"The devil is in the details", goes the old saying.  Details of the deal struck between the state Department of Community Affairs and Monroe County were recently released, and not well-received by the environmental community.  From the July 12 Key West Citizen:

Environmentalists disapprove of deal

BY TRAVIS JAMES TRITTEN

Citizen Staff Writer

A local environmentalist may legally challenge proposed changes to Monroe County's environmental protection plans.

The proposal, negotiated by the county and drafted by the state, was released this week and would give the county a three-year extension to catch up on promises to curb growth, protect threatened habitat and create affordable housing.

Capt. Ed Davidson, a 30-year champion of Florida Keys environmental issues, said the plan will reward poor environmental performance by the county with a potentially damaging increase in growth.

"There is a very serious possibility of a challenge being filed," Davidson said. "The challenge would be on the failure to live up to the mandates of prior legal decisions and settlements."

The proposed changes would require the county to spend $130 million on land conservation, sewage treatment upgrades and housing for workers such as teachers, police officers and nurses.

Meanwhile, the state has agreed to speed up the purchase of conservation lands and increase the amount of growth allowed by restoring housing credits lost in the past.

Davidson said environmentalists have been bought off year after year with promises that never materialize.

"All of the county's paperwork promises have serious caveats in them," he said. "The only money you can spend is the real kind — the promise isn't worth very much."

The county agreed to a five-year work plan in 1997 to curb environmental degradation after challenges by Davidson and other environmentalists.

That plan was first stretched to seven years — the current proposal will extend it to 10 years.

"What we have is the usual thing of talking and paper shuffling but we have not solved the problems," Davidson said. "If any of the rest of us don't do our jobs ... there are consequences. We get our butts kicked or we get fired."

"That is what elections are for I guess," he said. "We have lawyers for the butt-kicking."

According to Davidson, the local environment is in decline and years of delay can mean further destruction. It also has a major impact on the tourism industry, which is based on nearshore waters and other unique habitats in the Keys.

Also, delays destroy the credibility of state mandates and deadlines, according to Richard Grosso, a top environmental attorney in Florida and a colleague of Davidson's.

"The bottom line is, it is not done so the state should be continuing to require that it get done," Grosso said. "The bizarre part of all this is ... the state has chosen to reward the county by increasing the rate of growth."

The county negotiated the changes with the state Department of Community Affairs in January after state fines for lackluster conservation efforts in 2003 appeared imminent.

The deal was negotiated by County Mayor Murray Nelson and approved by Gov. Jeb Bush and the Florida Cabinet.

ttritten@keysnews.com

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