Tag Archives: Constitution Revision Commission

A Letter to CRC Commissioners, and Citizens of the Great State of Florida; 5 ~Environmental Proposals

 

CRC constitution+revision+commission

CRC: http://flcrc.gov

November 21, 2017

Dear Fellow Commissioners, and Citizens of the Great State of Florida:

As many of you know, I firmly believe our quality of life as citizens and our state’s economic vitality greatly relies on the protection and preservation of our environment.

As we begin our important work of examining proposals in committee, I wanted to share additional information about the following five proposals I have sponsored to protect Florida’s natural treasures for future generations.

Sunset Stuart
St Lucie River/Indian River Lagoon (Photo Jenny Flaugh)

1) Proposal 23: At the basis of my environmental protection argument, I believe above all Floridians should have a constitutional right to a clean and healthful environment. Read more about this proposal at the following link: https://t.co/JZiYwr0kMf. I also recently authored an OpEd on this topic in TCPalm at the following link: http://bit.ly/2zSqrl9.

screenshot 2
http://www.oppaga.state.fl.us/government/storgchart.aspx

2) Proposal 24: I propose an elected “Commissioner of Environmental Protection” who will have supervision regarding matters pertaining to environmental protection that the Department of Environmental Protection and the Water Management Districts are authorized to implement and administer. Read more about this proposal at the following link: https://t.co/D5lEgRFxNe.

Amd ! 2014 Water and Land Legacy victorybycounty-75bluegreen

3) Proposal 46: This proposal would help clarify how funds are deposited into the Land Acquisition Trust Fund. Read more about this proposal at the following link: https://t.co/x37BxRu2sj.

florida_panther
Sightseeing Miami

4) Proposal 48: This proposal would give the Florida Fish and Wildlife Commission authority to establish rules limiting impacts to habitat, and wildlife corridors, in the same way they currently establish limits on impacts to individual animals. Read more about this proposal at the following link: https://t.co/5Gh4BfPfIY.

PHOTObird1.source.prod_affiliate.91
A bird covered in oil after the Deep Water Horizon explosion, 2010. Photo courtesy of Associated Press.

5) Proposal 91: This proposal would prohibit oil and gas drilling in Florida territorial waters. Read more about this proposal at the following link: https://t.co/IkCCIdd4Wj​.

The ongoing debate over the deterioration of our environment should not be about politics. Rather, it should be grounded in the welfare of our natural resources, our wildlife, and the citizens of our great state.

It is an honor to serve as a CRC commissioner. Please contact me if you would like more information or have questions and thank you.

Sincerely,

Jacqui Thurlow-Lippisch

Screen Shot 2016-03-28 at 12.24.26 PM

Commissioner, & Chair, General Provisions

Constitution Revision Commission 2017/18

The Process:

These proposals will be, or have been referred to a committee, or multiple committees. If they “get through committee,” and are supported later in early 2018 during the  final public hearings, they will be voted on by the full CRC to go, or not to go, on the 2018 ballot. You can support or communicate concerns regarding these proposals by going to the CRC website above and writing the commissioners. If you are really determined you can go to the Committee tab and look at what each committee has before it and narrow it down when you write commissioners. You really have to check the website daily to follow. Anything you can do  is appreciated; we are a better state when we all make an effort to be part of the process.

CRC website: http://flcrc.gov/

Here you can see all the proposals and what committees they will be brought before: http://flcrc.gov/Commissioners/Thurlow-Lippisch

List of all commissioners and what proposals they have made: http://flcrc.gov/Commissioners/Thurlow-Lippisch

Time for Florida’s Constitution to Say “No” to Coastal Oil and Gas Drilling

A bird covered in oil after the Deep Water Horizon explosion, 2010. Photo courtesy of Associated Press.
Deepwater Horizon explosion in the Gulf of Mexico, courtesy of Associated Press,  2010.

When I moved to Pensacola Beach, Florida to teach high school in the early 1990s, I was surprised to see that the local community was marching in the streets protesting oil drilling. “Lucky we don’t have to do that in South Florida,” I thought. Here it is over 25 years later, and I am writing about why the Florida Constitution should say “no” to oil and gas drilling off all Florida beaches.

The final Constitution Revision Commission (CRC: http://flcrc.gov) proposal I am sponsoring is #91: “A proposal to amend Section 7 of Article II of the State Constitution to prohibit oil drilling for exploration and extraction in specified coastal waters.”

This proposal came to my attention through Mr Manley Fuller, the president of the Florida Wildlife Federation, and well-known Tallahassee attorneys Patsy Palmer and Sandy D’Alemberte. This once “citizen initiative” was filed with the Secretary of State and supporters had begun to collect signatures.

As you may know, in Florida, one way the public has a right to propose amendments to Florida’s Constitution is through a citizen initiative petition process. The process is very expensive and incredibly arduous. Some, over time, are successful.

What I have learned in my time, this year, serving as a Constitution Revision Commissioner is that the five different ways an idea can get into the constitution are all connected. (The 5 ways: http://www.floridataxwatch.org/resources/pdf/ConstAmends.pdf)

For instance, an idea may start in the legislature and fail; so someone turns it into a citizens initiative years later, and that may not get all the signatures it needs; so the CRC rolls around and someone like me picks it again! And so on…Getting changes into Florida’s constitution is a “process.” If the idea has importance for voters, it’s about keeping the ball  in the air!

With the possibility of the federal government getting closer and closer to opening oil drilling off all Florida, and every newspaper writing about this in the state, we must be aware that some members of our State Legislature have forgotten or were not here for the Deep Water Horizon disaster. They see oil and gas drilling as a positive.  The time is now for Florida voters to make a constitutional statement that it is not.

http://opinionzone.blog.palmbeachpost.com/2015/06/06/should-the-government-allow-seismic-testing-for-oil-deposits-off-floridas-atlantic-coast/

Before I close, Let’s ask ourselves: how do drilling rights work anyway?

Oil drilling leases are complicated and they involve all levels of government. The Federal Government’s Exclusive Economic Zone, and the Outer Continental Shelf Lands Act  govern federal jurisdiction over submerged lands on the Outer Shelf.  However, the Submerged Lands Act of 1953 grants individual States rights to the natural resources of submerged lands from the coastline to no more thane 3 nautical miles. Florida, though, due to foresight those before us, is an exception.  Our boarders are defined in our state constitution in Article 11 Section 1, to include the eastern edge of the ever-moving Gulf Stream, or three miles off, what ever is further, and 3 marine leagues into the Gulf of Mexico (almost 10 miles). This is much more than most states get! Voters could make this language even stronger.

As always it will be a balance, a fight, between powers, but having a strong Florida Constitution will help tremendously in holding our own. As a peninsula at sea surrounded by beaches that bring in billions of dollars, and define the mystique of the state, oil and gas drilling is not a benefit here. The risk it too high; it’s simply is not worth it.

“No” to Coastal Oil & Gas Drilling”  #91: http://flcrc.gov/Proposals/Commissioner/2017/0091

       CRC - 2017                                                  P 91



       By Commissioner Thurlow-Lippisch

       thurlowlj-00106-17                                      201791__
    1                         A proposal to amend
    2         Section 7 of Article II of the State Constitution to
    3         prohibit oil drilling for exploration and extraction
    4         in specified coastal waters.
    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) To protect the people of Florida and their environment,
   27  oil drilling for exploration or extraction is prohibited in and
   28  beneath all state waters between the mean high tide line and the
   29  outermost boundaries of the state’s territorial seas. This
   30  prohibition does not apply to the transportation of oil and gas
   31  products produced outside of such waters. This section is self
   32  executing.

Jacqui Thurlow-Lippisch is a commissioner on the 2017/18 Constitution Revision Commissioner. This proposal has not been referred to a committee yet, but you can support is by writing any of the commissioners, especially the Chair, here: http://flcrc.gov/Commissioners

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

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

In this file photo made June 3, 2010, a brown pelican covered in oil sits on the beach at East Grand Terre Island along the Louisiana coast in the wake of the BP Deepwater Horizon rig explosion. (AP Photo/Charlie Riedel, File)

Florida’s Outer Continental Shelf: https://www.boem.gov/Outer-Continental-Shelf/

Florida Senate Legal Issue and State Authority Related to Territorial Waters: http://archive.flsenate.gov/data/Publications/2008/Senate/reports/interim_reports/pdf/2008-142ju.pdf

Pensacola News Journal 2017: http://www.pnj.com/story/news/2017/10/19/dont-open-eastern-gulf-mexico-offshore-drilling-guestview/780605001/

Panama City: http://www.newsherald.com/news/20170816/our-view-deadline-for-comment-on-drilling-is-now

Tampa Bay Times: http://web.tampabay.com/news/politics/national/trumps-executive-order-on-offshore-oil-drilling-sets-up-clash-with-florida/2322047

Miami Herald: http://www.miamiherald.com/news/politics-government/article147492219.html

* As of 11-20-17: This proposal has not yet been referred to a committee/s; it should be within a few weeks: http://flcrc.gov/Commissioners/Thurlow-Lippisch

Adding “Wildlife Corridors” to the Florida Constitution, Giving FWC Broader Authority to Protect Wildlife Habitat

Photo courtesy of Sightseeing Miami

“We must prioritize fish and wildlife habitat connectivity in future.” Manley Fuller, President, Florida Wildlife Federation, http://www.fwfonline.org

The Florida Wildlife Commission could have more authority to protect wildlife should Constitution Revision Commission proposal #48 be introduced on the 2018 ballot. This proposal, submitted by Cape Coral environmental legend, former service member, teacher and school principal, Mr Carl Veaux, would amend Section 9 of Article IV of the Florida constitution “to provide that the Fish and Wildlife Conservation Commission shall exercise the regulatory and executive powers of the state with respect to habitats, including wildlife corridors…”
Full text proposal # 48: http://www.flcrc.gov/Proposals/Commissioner/2017/0048/ProposalText/Filed/HTML

Before I continue, I would like to state that I have sponsored Mr Veaux’s public proposal, #801227, that is one of thousands of proposals, many addressing wildlife and conservation issues, that were submitted to the Constitution Revision Commission, (CRC) and brought to the attention of the commissioners during the public hearings.

Mr Veaux, though, stood out. He was very persistent in his communications with me. I came to learn through his multiple calls and emails something that I had not listened hard enough to hear. When he sensed my fatigue, Mr Veaux informed me, “…don’t you know, I speak for the animals.” I woke up.

I am also supporting this proposal because there is a need to define “wildlife corridors,” and work through the controversial details. We must step up and do this, as a CRC body, because protecting wildlife corridors in our constitution is the most logical and effective way to address and direct wildlife conservation for future generations.

~As the Florida Chamber reports, Florida is twenty million strong, and six million more people are coming by 2030. Florida’s time has arrived. Our land, waters, and natural habitats are “of the essence…” The next CRC will not come for another 20 years. We must now do something for wildlife and the environment. (http://www.flchamber.com/did-you-know-that-floridas-population-could-increase-to-nearly-26-million-by-2030/)

Visit Florida Wildlife Corridor: http://floridawildlifecorridor.org

So just in case you do not know, what is a “wildlife corridor” is anyway…To animals, lands that are not connected for travel, territory, food, shelter, raising young, and “socializing” are not as valuable as those lands that are CONNECTED.

You may have been exposed to this terminology through “The Florida Wildlife Corridor?” In my opinion, The Florida Wildlife Corridor is the most impressive conservation effort happening in Florida today. You can learn about its ambitious goal to connect lands throughout Florida by clicking on the link above.

Years ago, I heard through the grape vine that Attorney General Pam Bondi likes this program. Although I have never asked her about it, every time I walk by her office in Tallahassee I notice the most beautiful eagle painting hanging in her office. A clue!

For larger  image: http://www.oppaga.state.fl.us/government/storgchart.aspx

Now for the Florida Wildlife Commission also known as FWC: http://myfwc.com;

(http://myfwc.com/about/overview/programs/mission-benefits/)

The Florida Wildlife Commission is part of the executive branch; they are an executive agency. Their board members are appointed by the governor; however they are very independent. Their mission is to “managing fish and wildlife resources for their long-term well-being and the benefit of people.”

So how would this work to affect the the constitution?

According to Florida Audubon, (http://fl.audubon.org) the “Florida Fish and Wildlife Conservation Commission operates with Florida Constitutional authority to regulate direct impacts to fish and wildlife including protected species. For state Threatened species, they can require minimization or mitigation for impacts to the habitat of species that are designated as state Threatened, but there is no comprehensive way for them to engage on threats to the habitat of not-yet-listed species, or impacts to habitat that individually may not cause take to threatened species, but cumulatively will cause tremendous harm.”

The protection of wildlife cannot be accomplished without protecting their habitat; this amendment would give FWC the authority they need to achieve the work they’ve been tasked with. And that authority would extend to corridors needed by certain species.

So the proposed change would simply allow, but not require, the seven person appointed FWC to establish rules and permits limiting impacts to habitat in the same way they currently establish limits on impacts to individual animals.

Proposal #48 belongs in the constitution. There will be a things to work out, there always are but I think “we’re covered.”  When I asked Mr. Veaux, who is 79 years old, if he could come to Tallahassee to speak on the issue, he said not, “Tallahassee is a long way, but that should not be a problem the wild animals all over the state are spreading the word!”

http://www.cape-coral-daily-breeze.com/page/content.detail/id/611218/Cape-environmentalist-honored-by-Audubon.html?nav=5011

Proposal #48  is sponsored in honor of Mr Carl Veaux

Savannas State Preserve, St Lucie County, JTL
Wildflower, Savannas State Preserve, JTL
A wonderful photo of a Black Bear, public.
Wild turkeys are very important to Mr Veaux. He speaks of the Osceola Turkey and their importance to Florida’s economy as many tourist/hunters come to hunt or see the bird. Of course, land is necessary for the birds’ success. Photo public.
Wildflower Savannas State Preserve, Martin County, FL. JTL
The belle of the ball! A gorgeous snowy egret, a bird once close to eradication during the 1800/1900s bird-feathers/ladies-hat fashion-craze. The thoughtless destruction of birds and leaving the their young to die was the inspiration for Florida Audubon that was founded  in Maitland, Florida and remains one of the major influences in conservation today.
Silver Springs area, Ocala, Florida, JTL
Stillness of nature. Silver Springs area, JTL
Roseate spoonbills and many other water birds feeding! Photo courtesy of Everglades Trust website.
Eagle pair, Martin County, Florida, Dr Scott Kuhns.

FWC is part of Article IV, Executive, in Florida’s constitution : http://www.leg.state.fl.us/statutes/index.cfm?submenu=3

Jacqui Thurlow-Lippisch is a commissioner on the 2017/18 Constitution Revision Commissioner, *this proposal will go before the Executive Committee November 28th. You can support this proposal by writing the Executive Committee here: https://flcrc.gov/Committees/EX/

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

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

2014’s Amendment 1 Ignored! Clarifying Intent for the Legislature in Florida’s Constitution

Everyone has heard the story….Florida voted 75% in favor the 2014’s citizen’s initiative,  “Amendment 1,” and once it was in the constitution, the hard-earned constitutional amendment was “ignored” or “reinterpreted” by the state legislature…

In 2015 the Tampa Bay Times wrote: “Few betrayals of the public trust have played out so openly and brazenly as the Florida Legislature’s fraudulent effort to implement Amendment 1, the land-buying measure that three-fourths of voters overwhelmingly approved five months ago. This should be a banner year for protecting the state’s endangered lands. Instead, Amendment 1 is becoming a bait-and-switch that would take Florida back — not forward — in saving its natural resources.” (http://www.tampabay.com/opinion/editorials/editorial-legislators-ignore-voter-intent-on-amendment-1/2227235)

As a commissioner for the Constitution Revision Commission for 2017/18, (http://flcrc.gov) I have sponsored proposal #46 to help fix this issue. Brought to my attention by long time Martin County Native Plant Society member, Mrs Joan Baush, and crafted together with policy advisor, Sue Mullins, and environmental legend, Clay Henderson, this proposal follows at least seven others submitted to the CRC on the subject, not to mention the numerous requests of multiple speakers during the Constitutional Revision Commissions’ statewide public hearings.

The purpose of proposal #46 (originally public proposal #700705) is to “clarify that a percentage of doc-stamp tax revenues will be devoted to the purchase and care of scientifically selected and publicly supported land and water areas for the purposes of conservation.”  An explanation, and the proposal are below. To support, please write members of the Legislative Committee, where this will first be heard: http://flcrc.gov/Committees/LE/

The CRC comes around only every 20 years, and is one of five ways Florida can amend its constitution; thus the time is now! Let’s get this clarified!

Land Acquisition Trust Fund Amendment

Section 28, Article X

Explanation

Purpose

This proposed Amendment to S. 28, ART. X is to clarify that a percentage of doc stamp tax revenues will be devoted to the purchase and care of scientifically selected and publicly supported land and water areas for the purposes of conservation.

Background

  1. On November 4, 2014, Florida voters approved the Florida Land and Water Conservation Amendment 1 by 75%.
  1. But the 2015 Legislature determined that the broadness of the measure already allowed them to spend the earmarked revenue of a wide array of programs through the Land Acquisition Trust Fund—some not at all environmental in substance—as well as supplant existing agency operations funding with the “new” Amendment 1 dollars.
  1. The measure was designed to dedicate 33 percent of net revenue from the existing excise tax on documents to the Land Acquisition Trust Fund, where it was assumed its namesake Land Acquisition Trust Fund would denote the purpose and intent of the amendment to acquire and manage environmentally sensitive land.
  1. Because the drafters of Amendment 1 used the Land Acquisition Trust Fund as the receiving account (thinking it would be obvious the intent for the use of funds), without specifying an amount strictly dedicated to land acquisition, they allowed for all expenditures provided in s.375.041, F.S. governing use of funds for the LATF, which at the time, allowed for virtually anything the Legislature wanted to fund.
  1. Once the measure passed by an overwhelming 75% of the Florida electorate, supporters assumed that at least $300 million annually would be devoted to the Florida Forever program. The amount, over 20 years, was thought to finish the job of securing the lands necessary to protect our natural resources, drinking water, habitat and industries such as agriculture and tourism.
  1. That did not happen (see below.).

 

What this Amendment Does

  1. The intent of this new Land Acquisition Trust Fund Amendment to S. 28, ART. X is to clarify that a percentage of doc stamp tax revenues will be deposited into the Florida Forever Trust Fund to purchase and care for scientifically selected and publicly supported land and water areas for the purposes of conservation.
  1. The proposal simply amends language passed in 2014 as the Land and Water Legacy Amendment 1 by depositing the earmarked funds in an appropriate Trust Fund and clarifying the purposes for use of those funds.
  1. A specified amount, no less than one third of the revenue deposited into the Land Acquisition Trust Fund, is earmarked for deposit into the Florida Forever Trust Fund as it existed in law on January 1, 2017.
  1. This language recognizes that the LATF and other doc stamp-funded accounts should continue to have a suitable amount of revenue to support existing programs such as Springs and Everglades protection, beaches, and local government water projects.
  1. More specificity has been provided in the new amendment by striking the phrase “and improvement” to ensure that Florida Forever funds are spent per the science-based regimen contained within statute (s. 259.105, F.S.), and by adding the phrase “natural” to the type of resources authorized for expenditure.
  1. This Florida Forever Amendment will fix the issue to provide funding to accomplish a majority of Florida’s conservation work through dedicating a set amount each year (depending on revenue, from $175 to $300 million) to be spent according to current statute governing the proven, science-based, willing-seller Florida Forever program.

Implementation of Original Amendment 1

  1. In 2014, a broad coalition of environmental, business and civic leaders proposed the Florida Water and Land Conservation Initiative, which became Amendment 1 to the Florida Constitution. The intent was to recapture the annual amount of funds devoted to land conservation by earmarking a third of the revenue from the doc stamp tax and depositing it into the Land Acquisition TF for the purposes of buying, managing and restoring environmental lands. The measure passed by 75% of voters.
  1. But the Legislature interpreted and appropriated Amendment 1 spending to include agency salaries, IT, risk management insurance, agency vehicles and other non-conservation uses.
  1. The statute has also since been amended to accommodate implementation, per legislative judgement of Amendment 1, to include dedicated funds for Everglades restoration, Springs protection and spending on a broad array of programs and agency expenses.

Historical Context

  1. Florida had a long and distinguished history of scientifically targeting and purchasing the right lands for conservation and recreation purposes since the 1970s, throughout both Republican (Martinez, Bush, Crist) and Democratic (Graham, Chiles) administrations.
  1. Those lands today provide most of the natural resources to support our drinking water supplies, food crops, economic activities and attractive recreational destinations.
  1. The annual funds devoted to Florida Forever had been $300 million, usually issued in bonds paid back by revenue from the documentary stamp tax. Creators of the land programs specifically used the doc stamp tax for its revenue source in order to tie land acquisition to sales in real estate, since all land sales in Florida were assessed a documentary stamp tax.
  1. In 2008, the Legislature discontinued funding for the state’s land conservation program, Florida Forever, citing a poor economy.
  1. Once the economic recovery took hold in Florida, where the state economy in 2013 led the nation in job growth and overall recovery (per University of Central Florida economist Sean Snaith in his first quarter economic forecast on March 25, 2014), it was assumed that the state conservation program funds would be replenished.
  1. Since 2010, the Legislature has declined to fund the non-regulatory approach to environmental protection through land acquisition. Funding for the Florida Forever program has not been reinstated.
  1. The Florida Forever program is hugely successful and is the most often-copied land conservation program in the country. It is based on a scientific analysis of which lands in Florida hold the most natural resource value—those that help cleanse water or purify air, create habitat for fish and wildlife, create corridors for the movement of native plants and animals across the landscape and support the water and wildlife necessary to keep our agricultural, tourism and quality of life intact.
  1. Under its conservation programs, the state has protected almost 5 million of its 37.5 million acres. Together with federal conservation lands, almost 9 million acres is in some form of public management, although thousands of those acres belong to the state corrections and management services agencies, military bases and universities, and are not managed for conservation.
  1. The state has identified an additional 2.2 million acres that should be conserved in some form from conversion to more intensive uses. That doesn’t always necessitate outright full-fee purchase of the property, but could be accomplished using a combination of purchase and conservation easements across large corridors of working lands such as ranches to provide habitat and water resource protection.

Expected Support

  1. Dozens of speakers addressing the Constitution Revision Commission during its public hearings voiced their frustration and disappointment with the Legislature’s use of Amendment 1 funds, and appealed for a fix to the issue to accommodate their intent to fund the land acquisition program.
  1. This new Land Acquisition Trust Fund Amendment is likely to pass by at least 75% of the electorate, even with paid opposition. Previous polls taken by the Florida Chamber have shown 78% support statewide, despite opposition from various anti-conservation groups.
  1. Virtually all news outlets endorsed 2014 Amendment 1 and are already writing of their support for a fix that will finally codify the will of Florida voters.
  1. Some counties, including Broward, Palm Beach and St. Lucie, voted more than 80% in support of Amendment 1. Even inland rural counties supported the measure by a vote of at least 40% in support (see map at beginning of this post.)

Florida Constitution: To read the present language go to Article X, “Miscellaneous,” Section 28, “Land Acquisition Trust Fund:” http://www.leg.state.fl.us/statutes/index.cfm?submenu=3

CRC Proposal #46 is linked and below: http://flcrc.gov/Proposals/Commissioner/2017/0046/ProposalText/Filed/HTML

  CRC - 2017                                                  P 46



       By Commissioner Thurlow-Lippisch

       thurlowlj-00052-17                                      201746__
    1                         A proposal to amend
    2         Section 28 of Article X of the State Constitution to
    3         revise the manner of the distribution of funds that
    4         are deposited into the Land Acquisition Trust Fund
    5         from a portion of the net revenues derived from the
    6         excise tax on documents.
    7
    8  Be It Proposed by the Constitution Revision Commission of
    9  Florida:
   10
   11         Section 28 of Article X of the State Constitution is
   12  amended to read:
   13                              ARTICLE X
   14                            MISCELLANEOUS
   15         SECTION 28. Land Acquisition Trust Fund.—
   16         (a) Effective on July 1 of the year following passage of
   17  this amendment by the voters, and for a period of 20 years after
   18  that effective date, the Land Acquisition Trust Fund shall
   19  receive no less than 33 percent of net revenues derived from the
   20  existing excise tax on documents, as defined in the statutes in
   21  effect on January 1, 2012, as amended from time to time, or any
   22  successor or replacement tax, after the Department of Revenue
   23  first deducts a service charge to pay the costs of the
   24  collection and enforcement of the excise tax on documents.
   25         (b) Funds in the Land Acquisition Trust Fund shall be
   26  expended only for the following purposes:
   27         (1) No less than one-third of the revenue must be deposited
   28  into the Florida Forever Trust Fund, as defined by the statutes
   29  in effect on January 1, 2017.
   30         (2) The remainder must be expended as provided by law, to
   31  finance or refinance: the acquisition and improvement of land,
   32  water areas, and related property interests, including
   33  conservation easements, and natural resources for conservation
   34  lands including wetlands, forests, and fish and wildlife
   35  habitat; wildlife management areas; lands that protect water
   36  resources and drinking water sources, including lands protecting
   37  the water quality and quantity of rivers, lakes, streams,
   38  springsheds, and lands providing recharge for groundwater and
   39  aquifer systems; lands in the Everglades Agricultural Area and
   40  the Everglades Protection Area, as defined in Article II,
   41  Section 7(b); beaches and shores; outdoor recreation lands,
   42  including recreational trails, parks, and urban open space;
   43  rural landscapes; working farms and ranches; historic or
   44  geologic sites; together with management, restoration of natural
   45  systems, and the enhancement of public access or recreational
   46  enjoyment of conservation lands.
   47         (3)(2) To pay the debt service on bonds issued pursuant to
   48  Article VII, Section 11(e) as may be required.
   49         (c) The moneys deposited into the Land Acquisition Trust
   50  Fund, as defined by the statutes in effect on January 1, 2012,
   51  shall not be or become commingled with the general revenue fund
   52  of the state.
Sunrise over Florida’s “Waters of the State,” SLR/IRL region.

Jacqui thurlow-Lippisch is a commissioner of the Constitution Revision Commission; contact her at link or via this blog post: http://www.flcrc.gov/Commissioners/Thurlow-Lippisch

*This proposal was schedule to go before the Legislative Committee on 11-29-17 but has been postponed. Chances are it will go through in December. It must clear Legislative and General Provisions. You can write members of these committees to support or express concerns at any time: http://flcrc.gov/Committees

A Commissioner of Environmental Protection; A New Day, Voting Florida’s Environment a Seat at the Table

Sunrise St. Lucie River 1-29-16, John Whiticar.

A new day could dawn for Florida, should Constitution Revision Commission proposal #24 go on the 2018 ballot. This ballot initiative would allow the electorate to vote for  a “Commissioner of Environmental Protection.”

I sponsored this idea, an idea brought to the CRC’s attention by two speakers during the public hearing process, as well as by public proposal #700012, submitted by Mr. Gamez.

Formally expressed Proposal #24 reads:

“A proposal to amend Sections 3 and 4 of Article IV and create a new section in Article XII of the State Constitution to establish the office of Commissioner of Environmental Protection as a statewide elected officer, to provide duties of the commissioner, and to include the commissioner as a member of the Cabinet.”

Full Proposal #24: (http://www.flcrc.gov/Proposals/Commissioner/2017/0024/ProposalText/Filed/HTML)

Why do I support this idea? Because it is my job as a commissioner to get some of the thousands of public ideas before the CRC, and because I believe the “time is now” for the Environment to have a seat at the table with other cabinet positions.

Yes, environmental protection of natural resources must rise to the top of state priorities just as the state’s oldest and number two economic driver, agriculture, has.  Our Natural Resources must be represented in the Florida Cabinet. This year, the Florida Chamber reports that Florida’s population, now at 20,000,000 will reach 26,000,000 by 2030, in just twelve years! It is tourism that is Florida’s number one economic driver. Much of this success  is  based on the beauty and quality of our beaches, rivers, and springs, and natural lands. We all know, growing incidences of algae blooms in lakes, springs, and rivers, some in areas of natural lands,  is not good for tourism.

For best image: http://www.oppaga.state.fl.us/government/storgchart.aspx

Let’s look at Florida government’s present hierarchy having to do with natural resources and discuss why it should be changed. The state’s present organizational chart shows a Commissioner of Agriculture as a cabinet position just under and to the right the Governor; a Fish and Wildlife Commission, and a  Department of Environmental Protection, as executive agencies under the executive branch of the Governor;  and the Water Management Districts in the lowest tier as  local government. Interestingly, the Water Management Districts are attached by a dotted line to the Department of Environmental Protection noting at “unique relationship.” This is qualified by the following sentence: “Water management districts have individual governing boards but the Department of Environmental Protection may exercise general supervisory authority over water management districts (s. 373.026(7), Florida Statutes).”

The Fish and Wildlife Commission much more independent, but the Water Management Districts are not. Because Water Management Districts levy taxes from citizens as a special district one must be cognizant  so that they not become “arm of the state.” But what would be even worse would be if the Water Management Districts were not answering to the people they tax…

Hmmmm?

It is time to have a “lead agency.” An agency that can answer to the people.

Let’s discuss leadership. Right now there is no clear environmental protection leader. For instance, in my opinion, for a citizen trying to get answers about why our environment is falling apart the Water Management Districts are pointing in one direction; the Department of Water Quality for the Commissioner of Agriculture’s Best Management Practices is pointing in another; and because the present Department of Environmental Protection is at the whim of politics of every new administration; they are weak, and afraid to lead. With every new governor the pendulum swings. The DEP is unable to fulfill its mission as the state’s lead agency of environmental protection.

And all the while our environment keeps falling apart…

On a personal note, for years, here in South Florida, I complained about the demise of our St Lucie River/Indian River Lagoon and surrounding environment and pushed for more action on behalf of the South Florida Water Management District.  After years of head nods, I was finally told by a Governing Board member that the District’s number one priority is not water quality, but flood control and that I should be speaking to DEP.

“Why didn’t you tell me that earlier,” I exclaimed.

When I contacted Department of Environmental Protection their response was lackadaisical noting that many entities of the state oversee water quality and environmental issues. For instance, Best Management Practices for Agriculture, and the complicated DEP Basin Management Action Plans/Total Maximal Daily Loads in coordination with the Water Management Districts, and all local governments including cities, counties, villages…

“But who is in charge?” I asked? “The St Lucie River has been labeled “impaired” by your agency since 2002. Why was it allowed to get that bad in the first place and why is it continuing to get worse?”

Again I asked, ” Who is in charge?”

There was silence…

I thought to myself,  “No wonder the Department of Environmental Protection is sometimes  referred to as the agency of “Don’t Expect Protection.” No wonder every year more of the state’s waters are reported as “impaired.” No wonder D.E.P., Agriculture, and the Water Districts collude to extend the Basin Management Action Plan deadlines instead of getting more serious about the detrimental ramifications of non-point pollution for the people.

Enough is enough. The time is now to give voters the opportunity to vote for a  Commissioner of Environmental  Protection and finally have a seat at the table.

This homemade chart shows a Commissioner of Environmental Protection being created from the present Dept. of En. Pro.

Proposal #24

The commissioner of environmental protection shall have
   63  supervision of matters pertaining to environmental protection
   64  that the Department of Environmental Protection or its successor
   65  agency and water management districts are required or authorized
   66  by law to implement and administer.

Full text:  (http://www.flcrc.gov/Proposals/Commissioner/2017/0024/ProposalText/Filed/HTML)

____________________________________________________

Jacqui Thurlow-Lippisch is a commissioner on the 2017/18 Constitution Revision Commissioner; *this proposal will go before the Executive Committee sometime in December or January. If it gets through that committee it will have to make it through both General Provisions and Ethics and Elections.  You can support or voice concerns about this proposal by first writing the Executive here: https://flcrc.gov/Committees/EX/

Follow here: http://flcrc.gov/Proposals/Commissioner/2017/0024 

Find all committees 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

Links:

Commissioner of Agriculture/Dept of WQ: Best Management Practices: http://www.freshfromflorida.com/Business-Services/Water/Agricultural-Best-Management-Practices

Department of Environmental Protection: https://floridadep.gov

Florida’s Water Management Districts: https://floridadep.gov/water-policy/water-policy/content/water-management-district

Florida Fish and Wildlife Commission: http://myfwc.com

Florida Chamber Water: (http://www.flchamber.com/advocacy/issues/water-solutions/)

Florida Chamber Tourism: (Tourism:http://www.flchamber.com/advocacy/issues/tourism/)

_________________________________________________

Recent pictures of our Florida environment  that are NOT  good for tourist!

Alan Youngblood, Florida Springs, -when too much water is taken from the aquifer by permitted users it affects the health of Florida’s springs, 2013.
St Lucie River, toxic algae bloom brought into river from discharges from Lake Okeechobee. Best Management Practices and Basin Management Action Plans are not working fast enough. Tourism suffered in Martin County by millions of dollars in lost revenue and health issues for local citizens. 2016, JTL
Algae pouring in from Lake Okeechobee to St Lucie River at S-80—this water comes mostly  from polluted Central Florida waters; obviously DEP’s environmental protection is not working. 2016.

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Learn about:

THE FLORIDA CABINET

http://cabinet.myflorida.com

In 1998 the Constitutional Revision Commission proposed a rewrite of Article IV, Section IV of the Florida Constitution that reduced the Florida Cabinet from six elected officials to three. Effective January 7, 2003, the Florida Cabinet consists of the Attorney General, the Chief Financial Officer and the Commissioner of Agriculture. The Cabinet offices of Secretary of State and Commissioner of Education became appointed offices and their respective agencies became the responsibility of the Governor. The revised constitution also created a new State Board of Education with seven members appointed by the Governor to oversee the Department of Education. The Cabinet offices of Treasurer and Comptroller were merged into the new position of Chief Financial Officer who serves as agency head for the newly created Department of Financial Services.

 

“Adequate Provision” is not enough, Strengthening Florida’s Constitution, SLR/IRL

St Lucie River/Indian River Lagoon, (Photo Jenny Thurlow Flaugh)

Florida’s constitution is important, not only because it is the ultimate law of the state, but because it sets the people’s values before the legislative, executive, and judicial branches. These words are a reference in times of question and must be clearly written on the side of the citizen.

Right now, in Article II, Section 7, (a) “Natural resources and scenic beauty,” the Florida constitution reads: 

(a) It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources.
Because this language is vague, ( what is adequate provision? ), and case law is sparse, these words become “overruled” by Florida Statute that clearly gives “permit holders” standing over citizens, and of course the environment making the present environmental protections in the state constitution “inadequate.”

Florida Statues, Chapter 403. 412. e.) reads:
https://www.flsenate.gov/Laws/Statutes/2013/403.412

No action pursuant to this section may be maintained if the person (natural or corporate) or governmental agency or authority charged with pollution, impairment, or destruction of the air, water, or other natural resources of the state is acting or conducting operations pursuant to currently valid permit or certificate covering such operations, issued by the appropriate governmental authorities or agencies, and is complying with the requirements of said permits or certificates.”

So a citizen is not at liberty to sue if a polluting entity is causing environmental destruction that is acting or conducting operations pursuant to a currently valid permit protected by a state agency. And if someone attempts to sue anyway, they have no real standing in a Florida court of law.

Hmmm?

~But, what if a sinkhole spanning 45 feet opened at a Mosaic phosphate fertilizer facility leaking 215 million gallons of “slightly radioactive water,” but this news did not get to the people who have wells in the area for weeks?

~What if the Army Corp of Engineers, and the South Florida Water Management District knew they were discharging billions of gallons of toxic algae from Lake Okeechobee into a community’s river making some citizens sick, yet there was no discussion, warning, or health notices posted until the entire ocean ran green?

~What if an entity could withdraw so much water from a spring or aquifer that….

What if, is now reality.

Yes, permit holders should be “protected,” nonetheless, having a valid permit should not be a right to infringe on the health, safety, and welfare of Florida citizens. Florida citizens and their environment co-exist. When necessary, citizens should have the right to fight for a clean and healthy environment.

We all know that many of Florida’s waters are “growing greener,  and more toxic.” This was recently reported by TCPalm’s Jim Turner:

“The 2016 report from the Florida Department of Environmental Protection shows a mixed bag for the state’s waters, with many trending toward more-frequent toxic algae blooms, fueled by rising nitrates from farm and residential fertilizers, sewage, pet waste and other human-related sources.”

Florida’s “impaired” waters are growing, not decreasing. More springs, rivers and lakes are in horrible condition. We see it. Like it or not, the only way to ensure an “adequate” future for Florida’s citizen’s and her waters is to find a way to create acceptable language giving people a constitutional right to a clean and healthful environment.

CRC - 2017P 23By 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.
Proposal #23 was a public proposal. It was created by Traci Deen and her students at Barry University. I sponsored their publicly submitted proposal #700450. There were other proposals also on the “rights of environment/nature” topic including 7000672 by Richard Silvestri; 7000216 by Trevor Tezel; 700739 by Richard Grosso; —submitted to Article 1, Declaration of Rights, 700558 a Florida Environmental Bill of Rights by Paul Laura;  and the Rights of Nature submitted independently by Mr. David Hargrove. Thank you to all and the many others!
If you have any ideas or would like to comment, please write me directly at jacqui.lippisch@flcrc.gov or at this blog post.

Jacqui Thurlow-Lippisch is a member of the Constitution Revision Commission 2017/18
http://flcrc.gov/Commissioners/Thurlow-Lippisch

*This proposal will go before the Judicial Committee on November 28 and if it makes through that committee it will go through the General Provisions committee. You can write committees here to support or express concerns:
http://flcrc.gov/Committees

11-8-17

CRC in the Classroom ~Educating Future Voters

My second period 8th grade English class at Stuart Middle School, 1999.

Part #3 in a series about the Constitution Revision Commission (CRC) and how to get involved, by CRC Commissioner, Jacqui Thurlow-Lippisch 8-30-17.

CRC in the Classroom ~Educating Future Voters (http://flcrc.gov)

The teachable moment….

Sometimes it only comes around every twenty years!

As a former educator, I believe the Constitution Revision Commission (CRC) is a great opportunity to get young people directly involved in the sometimes far-away process of government. Knowing that someone “who can directly affect their lives” is listening on the other side is a tremendous motivator for students.

For instance, when I taught eighth-grade persuasive and expository writing, I had my students address their essays to Mr. Tony George who served on our local school board. After a classroom discussion about what a school board was, and what these board members do, the students wrote in their very best handwriting applying similes, metaphors, quotes, and first-hand experiences in an effort to persuade Mr. George to consider allowing gum-chewing, letting up on the dress code, providing more activities and after school sports … basically, any subject of their choice.

I was amazed at the increased motivation of the young people once they knew they were really writing to “somebody” and not “just writing.”  The highlight of the experience was when Mr. George in red pen commented on each of the papers, and later, personally, returned them to our classroom having written his own persuasive essay in response. I read it aloud and the students noted his use of technique in the persuasive arena.  It was fun! Without even realizing it, students learned about local government, politics, and most important, became motivated to express themselves in writing.

The Constitution Revision Commission of 2017/18  provides an even greater opportunity to give students an impromptu real-world civics lesson about the role of state constitutions and the difference between state and federal government. To get started, you can follow these steps for your lesson plan:

 

  1. Introduce the CRC at gov noting that the Florida Constitution is up for review.

 

  1. Introduce students to the chair and commissioners, the people they will be writing:        gov/Commissioners.

 

  1. Review the Florida Constitution’s twelve articles and selected sections:  gov/Constitution.

 

  1. Remind students that if they are thirteen years old today, in twenty years they will be thirty-three! Put students in groups to brainstorm and discuss what they think will be most important to the state over the next twenty years, and have them figure out what article and section of the constitution their proposal or ideas fits best.

 

  1. Show students how they can create their own proposals, applying their best English class skills, by using tools on the CRC website to redact or add language: gov/Proposals/Submit.

 

  1. The deadline being considered for public proposals is September 22, so please submit ideas soon! Student proposals can be submitted on-line gov/Proposals/Submit, emailed to the commission at admin@flcrc.gov, or sent in the mail to: Constitution Revision Commission, The Capitol, 400 S. Monroe St., Tallahassee, FL 32399. If there is not a particular commissioner your class wishes to write, you are welcome to address them to me.

 

I hope you’ll get your classroom involved. Real-world learning is so effective and fun. Of course, the main motivator is that getting involved with the CRC is a rare, teachable moment, that only comes around once every twenty years!

Me with my first period Pensacola High School 1993, English Class. (Photo courtesy of photography teacher at PHS.)