Tag Archives: A Right to A Clean and Healthful Environment; “Any Citizen of the State of Florida

Summary, CRC Committee Week 12-11-17, “Cease-Fire-2; Win-1”

Tallahassee is a beautiful place. Having spent more time there recently, I have grown to appreciate it. Sometimes, in the early morning, as the sun is rising over the hills,  I envision Apalachee warriors and families approaching “Anhaica,” their capital. There is a lot of sacred ground here…

Today, I will summarize week 12-11-17. For me, there were battles won, and cease-fires. And the war for Florida’s environment will continue. Thank you to all who wrote members of committees in support in the previous weeks!

Sunset Stuart
St Lucie River/Indian River Lagoon. Photo Jenny Flaugh.

P23 http://flcrc.gov/Proposals/Commissioner/2017/0023 (cease-fire)

On Tuesday, December 12th, I presented proposal P23, ” A Right to a Clean and Healthful Environment,” to the Judicial Committee (https://www.flcrc.gov/Committees/JU/). I am proud to say P23 has caused a stir, is making people think, and generating tremendous resistance from the “entrenched-status-quo-power” of the government and business communities as it would give every-day Floridians more standing in court for a clean environment. Power would shift to the judicial, rather than the executive and legislative branches of government, and some agencies would be no longer be “puppets.”

The presentation went well, however, based on comments from many members of the committee, and feedback, I felt the vote would not pass. I was offered a “TP” or “temporary postponement” in order to work on the language as I had not been successful at this —with the opposition —-who refused to do so the previous two weeks. They want “no part of P23 in the constitution.”

Unlike local government, where a commission or council  can adjust the language of an ordinance during the meeting, this cannot occur during a CRC committee meeting, so the only way to achieve such is to “postpone” and “work on” prior to the next meeting— and try again. (Very inefficient)…

So, I look forward to working on the language, but I am concerned that ameliorating the language to an acceptable point for the opposition will be so far away from the spirit of the original proposal it may not be recognizable or effective. This would not be good.

In the end, it will be the students of Stetson and Barry Universities and their professors who created P23, a totally public proposal, who will give me final direction.

P23 will go before the Judicial Committee again when called. Chances are this will be in January 2018. It could pass; it could die; it could be withdrawn. Should it pass, it will have to go also to the General Provisions committee, and then to the full CRC for a final vote to go to ballot.

The greatest aspect of P23 is working with young people who are our future generation of leaders because as the proposal states: “the natural resources of the state are the legacy of present and future generations…”

Florida Channel video of Judicial Committee meeting and P23 presentation, 1st in line: https://thefloridachannel.org/videos/12-12-17-constitution-revision-commission-judicial-committee/

Jim Turner reporting P23, Daily Business Review: https://www.law.com/dailybusinessreview/sites/dailybusinessreview/2017/12/13/environmental-proposal-delayed-amid-business-outcry/?slreturn=20171119081526

Amd ! 2014 Water and Land Legacy victorybycounty-75bluegreen

P46 https://www.flcrc.gov/Proposals/Commissioner/2017/0046 (cease-fire)

On Wednesday, 12-13-17, I presented P46, to the Legislative Committee (https://www.flcrc.gov/Committees/LE/) to “Clarity Language in Article X, Section 28, of the Florida Constitution, Land Acquisition Trust Fund.” Ms. Sue Mullins, who came to my attention through Stuart’s Joan Bausch and the Native Plant Society, was very helpful and knowledgeable and assisted during the presentation. Again, the proposal was “TP-ed” as Chair Pepe Diaz and others such as former Senate President, Tom Lee said they could not support P46 as written and recommended working together on the language. I am confident they meant this, and we shall try between now and when the committee meets again in January. Their concerns are funding requirements, appropriations, of the state legislature; and our concern is the Legislature ignoring a 2014 citizen initiative that passed by 75% for land conservation. P46 too must  go to General Provisions should it pass, and then to the whole CRC for a vote to possibly go on ballot.

Florida Channel of Legislative Committee meeting, 2nd in line: https://thefloridachannel.org/videos/12-13-17-constitution-revision-commission-legislative-committee/

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OILED SCARLET IBIS – Lindsay Carr Created in response to the BP Gulf Oil Spill and auctioned off in support of the clean up operation. In the style of John James Audubon.

P91 http://flcrc.gov/Proposals/Commissioner/2017/0091 (win)

On Thursday, 12-14-17, I presented P91 “No Oil or Gas Drilling in Florida’s Territorial Waters.” This was an interesting experience as I was presenting to the committee I chair, General Provisions. (https://www.flcrc.gov/Committees/GP/)

As a presenter, I am just like anybody else.

Mr David R. Mica, Executive Director of the Florida Petroleum Council, AIF, and other business interests spoke against, but fortunately, Mr Manley Fuller, president of the Florida Wildlife Federation, the Sierra Club, and citizens spoke “for,” and were quite convincing. There were even two young children in the audience rooting me on! I was very pleased when the committee voted 5 to 2 in favor of P91! P91 will now go to the Declaration of Rights Committee (https://www.flcrc.gov/Committees/DR/) in January, and then if passes, again, to the full commission to possibly go on 2018 ballot.

Florida Channel General Provisions, 1st in line:
https://thefloridachannel.org/videos/12-14-17-constitution-revision-commission-general-provisions-committee/

WFSU’s Lynn Hatter:http://news.wfsu.org/post/move-ban-offshore-oil-and-gas-drilling-gets-underway

It was an exciting week. There are many more battles to be fought; and I so appreciate your support and assistance.

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Sunrise in Tallahassee, JTL

jacqui _MG_1455a_small_Robert_Holland_original

Jacqui Thurlow-Lippisch, CRC 2018: https://www.flcrc.gov/Commissioners/Thurlow-Lippisch

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CRC Proposal #23, A Right to A Clean and Healthful Environment; “Any Citizen… but not a Corporation”

A mullet jumps at sunset, St Lucie River, photo taken by my brother Todd Thurlow

CRC Proposal #23, A Right to A Clean and Healthful Environment; “Any Citizen of the State of Florida, but not a Corporation”

Next week,  the Constitution Revision Commission (CRC) will once again be in committee. Today, I will provide an update of proposal #23, “A Right to a Clean and Healthful Environment” and new thoughts:

#23 will be heard, December 12, 2017, between 1-5pm in the Judicial Committee. You can write committee members to support this proposal here or speak during public comment: (http://flcrc.gov/Committees/JU/)

This proposal was already “presented” to the Judicial Committee on November 28th, 2017, just over a week ago. As mentioned, on December 12, it will go before the committee once again, but this time is will be voted upon.

If the proposal passes through the Judicial Committee, the next stop will be the General Provisions committee. If it passes the General Provisions Committee, the proposal will go before the entire CRC for a vote to determine if it will go on the 2018 ballot.

In spite of tremendous opposition from Affiliated Industries of Florida who hired four, high-powered, Gunster attorneys to speak in opposition to the proposal, along with the Florida Chamber and others, I thought the November 28th presentation went great. As I had hoped, students were a part of the presentation for the proposal with Kai Su, a law student from Stetson University, who helped research the proposal, and the founders of the River Kidz sharing their public policy paper written on the subject for a duel enrollment class at Indian River State College.

I presented briefly myself, but had to leave the meeting early to run my own. Later, when I watched the Florida Channel’s video and saw the idealistic young people juxtaposed to the hard-edged lawyers, and self-focused business interests, I knew the proposal had been successful in spite of whatever its final outcome…

—#23, a proposal that would give more standing in a court of law to citizens of Florida over the all-powerful state agencies and those hand-picked by them to benefit from holding and executing “environmental” permits. Many members of the Judicial Committee asked hard and insightful questions to the attorneys, and I am deeply appreciative of their serious involvement and interest in the subject.

*You can read about the original submission of  #23 here: https://jacquithurlowlippisch.com/tag/adequate-provision-is-not-enough/)

*You can see the Judicial Committee meeting at the Florida Channel here:
https://thefloridachannel.org/videos/112817-constitution-revision-commission-judicial-committee/

*Stetson newsletter: http://www.stetson.edu/law/news/index.php/2017/11/29/student-presents-environmental-rights-supporting-clean-healthy-environment-amendment-florida-constitution-tallahassee/So…this coming Tuesday, I will again go before the Judicial Committee, but this time for a vote. From the beginning of sponsoring this proposal, I knew that the language and the idea would be controversial; but I had no idea to the degree. What was most important me was to find a proposal I supported from the public (#700450) and to sponsor it.

I was taken with this particular proposal because it was a collaboration of students and their professors from Barry and Stetson University. As a former eighth and ninth grade teacher, I liked the idea of youth being involved. The decisions made through the CRC process are indeed meant to be forward thinking for the next twenty years. Youth should be part of this conversation.

One thing is certain, this proposal has struck a chord. I am proud of that. I am proud for the young people for the conversation this proposal is inspiring. I also believe we must ask ourselves why were four Gunster attorneys hired, costing hundreds of dollars per hour, to speak against this CRC proposal? Is it because it would shift power from the legislative and executive branches of government to the judicial branch ~causing a more balanced “scale of justice?” It is because if #23 “A Right to a Clean and Healthful Environment” were to go on the ballot, it would likely pass?

Of course if would. The people of Florida do want a right to a clean and healthful environment; feel like environmental interests have been kicked to the curb; and should as taxpaying citizens of the state of Florida have fair standing in a court of law. Is this really asking too much?

Student Kai Su pointed out that the language is “subject to the reasonable limitations as provided by law.” This would not be a litigation free for all, but rather the judicial branch would decide certain issues considering the present laws on the books. Right now this is not really a possibility. People have to sue together under groups like the Sierra Club. Use the Federal Clean Water Act. It’s so hard, individually, people don’t even try.

Why shouldn’t citizens have standing on their own? As mentioned, the present scale is tipped so that state agencies, talking direction from the executive and  legislative branches, have full authority to give protection to polluters under Florida Statues 403.412 (e), and the Florida Constitutions is so vague –offering only “adequate provision” it is really useless. Today, the Department of Environmental Protection joyfully gives out permits to corporations and business entities while the concerns of the people of Florida’s are mostly ignored.

*(Florida Statutes 403.401 https://www.flsenate.gov/Laws/Statutes/2013/403.412 provides  citizens rights  and then nullifies all in section e. )

I recognize that Great Dragon and its armies are against this proposal, but I see the light.  I see the faces of the young people and their desire for the their children and grandchildren  to be able to jump into a clean river or spring; catch a fish they can eat; hold the miracle of a seahorse in the palm of their hand; to feel the speed of boating without contaminated toxic algae spray against their face.

Kids in Florida springs, photo courtesy of John Moran.

Before Tuesday’s meeting I felt it was important to try to compromise, so I did reach out.  I asked a representative from the opposition if there was any common ground we could work on together for future generations. I waited a few days for an answer. The answer was there was no interest in any part of this proposal going into the Florida constitution…

Hmmm…

I think will go forward the best I can with proposal #23 . Head up…My job is to herald this through for future for future generations. And although rejected in compromise, we will ameliorate the language to strike the words: scenic, historic, and aesthetic values of the that most concerned the opposition and rewrite “any person” to read:

“Any citizen of the state of Florida, but not a corporation, may enforce this right against any party, public or private, subject to reasonable limitations as provided by law.”

Because every citizen does have the right to a clean and healthful environment.

Kids jumping near Sandbar, Martin County, Fl. photo shared Barbara Osbourne
____________________________________

Original proposal:

  CRC - 2017                                                  P 23



       By Commissioner Thurlow-Lippisch

       thurlowlj-00038-17                                      201723__
    1                         A proposal to amend
    2         Section 7 of Article II of the State Constitution to
    3         establish that every person has a right to a clean and
    4         healthful environment.
    5
    6  Be It Proposed by the Constitution Revision Commission of
    7  Florida:
    8
    9         Section 7 of Article II of the State Constitution is
   10  amended to read:
   11                             ARTICLE II
   12                         GENERAL PROVISIONS
   13         SECTION 7. Natural resources and scenic beauty.—
   14         (a) It shall be the policy of the state to conserve and
   15  protect its natural resources and scenic beauty. Adequate
   16  provision shall be made by law for the abatement of air and
   17  water pollution and of excessive and unnecessary noise and for
   18  the conservation and protection of natural resources.
   19         (b) Those in the Everglades Agricultural Area who cause
   20  water pollution within the Everglades Protection Area or the
   21  Everglades Agricultural Area shall be primarily responsible for
   22  paying the costs of the abatement of that pollution. For the
   23  purposes of this subsection, the terms “Everglades Protection
   24  Area” and “Everglades Agricultural Area” shall have the meanings
   25  as defined in statutes in effect on January 1, 1996.
   26         (c) The natural resources of the state are the legacy of
   27  present and future generations. Every person has a right to a
   28  clean and healthful environment, including clean air and water;
   29  control of pollution; and the conservation and restoration of
   30  the natural, scenic, historic, and aesthetic values of the
   31  environment as provided by law. Any person may enforce this
   32  right against any party, public or private, subject to
   33  reasonable limitations, as provided by law.

CRC original proposal #23: https://www.flcrc.gov/Proposals/Commissioner/2017/0023/ProposalText/Filed/HTML

AIF Press Release regarding CRC proposal #23, expression concerns: http://www.aif.com/information/2017/pr171127.html

*Thank you for the many emails I have received from every-day people in  support on Proposal #23! Here are a couple:

St  Lucie River at sunset, photo by Todd Thurlow.

Jacqui Thurlow-Lippisch is a commissioner on the 2017/18 Constitution Revision Commissioner; *this proposal will go before the Judicial Committee 12-12-17. You can support or voice concerns about this proposal by writing the Judicial Committee here: http://flcrc.gov/Committees/JU/

Follow #23 here: http://flcrc.gov/Proposals/Commissioner/2017/0023

Find all committees go here:http://flcrc.gov/Committees

Jacqui can be reached here: https://www.flcrc.gov/Commissioners/Thurlow-Lippisch

Learn about the CRC here: http://www.flcrc.gov