Tag Archives: constitution revison commission

CRC Proposal #46, Land Acquisition Trust Fund, ~Clarifying Language in the Constitution for Ignored Citizen Initiative, Amendment 1, of 2014

Adams Ranch, wild turkey in the shade of oak trees, photo courtesy of the late Bud Adams, St Lucie County.

CRC Proposal #46, Land Acquisition Trust Fund, ~Clarifying Language in the Constitution for Citizen Initiative, Amendment 1, of 2014

I will present proposal #46 to the CRC Legislative Committee this Wednesday. You can support this proposal, or express your thoughts on the issue by writing the members of the Legislative Committee: https://www.flcrc.gov/Committees/LE/, or by attending the meeting and speaking briefly during public comment. The Chair is Jose Felix Diaz.

Please see the link for my blog post on this proposal: https://jacquithurlowlippisch.com/2017/11/14/2014s-amendment-1-ignored-clarifying-intent-for-the-legislature-in-floridas-constitution/

In summary, it is to clarify language so that funds do not include agency salaries, risk management costs, the purchase of vehicles, etc…and clearly states that “no less than one-third of doc-stamp revenue must be deposited into the Florida Forever Trust Fund.”

   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.

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

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.

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.

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

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

For the Record, What I have filed so far, Constitution Revision Commission, SLR, IRL

For the record, I would like to report what I have filed, so far, as a member of the Constitution Revision Commission 2017/18.

I have filed two “proposals.”

The first is a “public proposal” (a public submission/language exactly as proposed) entitled: “Floridians’ right to a clean and healthful environment.” This proposal elevates a clean and healthful environment to a right, such as now stated in the Florida constitution: “to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess, and protect property…” It adds a “clean and healthful environment” symbolically to our highest legal level, our constitution. Right now, the proposal also proposes to give Floridians more standing in a court of law if they have experienced special injury (economic loss) due to environmental destruction of their property. I think the wording can be ameliorated, made more preventative, and less litigious, other states have achieved this and kept their goals in place. Nonetheless, the present language remains a good place to start the conversation.

My second proposal is a “commissioner proposal,” (a proposal with my wording/with help of staff) entitled “to Establish a cabinet position for a Commissioner of Environmental Protection.” Yes, I believe the environment should have a seat at Florida’s most important table. Presently, the Florida cabinet consist of the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture. These elected public servants make decisions at the top-level with the Governor and are elected, not appointed. They lead the state. I strongly feel that a statewide elected Commissioner of Environmental Protection should exist alongside these others and not be buried under the executive branch with no clear accountability as is presently the case. “Elected and answering to the people,” not to the politics of the state; this is my goal.

The process?

Well, the first proposal, “a right to a clean and healthy environment” has been voted on by the full CRC to move forward to committee. The second will move forward as commissioner proposals do automatically.

But that’s just the beginning!

Soon, Chair Beruff, will determine what committees these proposals will have to be “heard in.” There could be one, or many. If the proposal makes it through committee, it could come out exactly the same, be amended, or die. There is a way to resurrect such later on if it does get killed, but this requires a majority vote and is no easy feat. Nonetheless, it is a possibility. The best thing is to try to get it through committee so the full commission can vote on.

The political process will take its course, and the people will be heard.

It is an exciting time for me, and I plan on submitting other proposals too, but these two, my first, are my priorities.

Below are my two proposals and other information you may find helpful. If you have questions or concerns please write me at jacqui.lippisch@flcrc.gov. I am here to discuss.

Sincerely,

Jacqui
Constitution Revision Commission website: https://www.flcrc.gov
Learn about the 5 ways Florida’s constitution can be revised. The CRC is one of those ways! http://lwvokaloosa.org/AmendingFLConst.html

   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 - 2017                                                  P 24
       
       
        
       By Commissioner Thurlow-Lippisch
       
       thurlowlj-00025A-17                                     201724__
    1                         A proposal to amend                       
    2         Sections 3 and 4 of Article IV and create a new
    3         section in Article XII of the State Constitution to
    4         establish the office of Commissioner of Environmental
    5         Protection as a statewide elected officer, to provide
    6         duties of the commissioner, and to include the
    7         commissioner as a member of the Cabinet.
    8          
    9  Be It Proposed by the Constitution Revision Commission of
   10  Florida:
   11  
   12         Sections 3 and 4 of Article IV of the State Constitution
   13  are amended to read:
   14                             ARTICLE IV                            
   15                              EXECUTIVE                            
   16         SECTION 3. Succession to office of governor; acting
   17  governor.—
   18         (a) Upon vacancy in the office of governor, the lieutenant
   19  governor shall become governor. Further succession to the office
   20  of governor shall be prescribed by law. A successor shall serve
   21  for the remainder of the term.
   22         (b) Upon impeachment of the governor and until completion
   23  of trial thereof, or during the governor’s physical or mental
   24  incapacity, the lieutenant governor shall act as governor.
   25  Further succession as acting governor shall be prescribed by
   26  law. Incapacity to serve as governor may be determined by the
   27  supreme court upon due notice after docketing of a written
   28  suggestion thereof by four three cabinet members, and in such
   29  case restoration of capacity shall be similarly determined after
   30  docketing of written suggestion thereof by the governor, the
   31  legislature or four three cabinet members. Incapacity to serve
   32  as governor may also be established by certificate filed with
   33  the custodian of state records by the governor declaring
   34  incapacity for physical reasons to serve as governor, and in
   35  such case restoration of capacity shall be similarly
   36  established.
   37         SECTION 4. Cabinet.—
   38         (a) There shall be a cabinet composed of an attorney
   39  general, a chief financial officer, a commissioner of
   40  environmental protection, and a commissioner of agriculture. In
   41  addition to the powers and duties specified herein, they shall
   42  exercise such powers and perform such duties as may be
   43  prescribed by law. In the event of a tie vote of the governor
   44  and cabinet, the side on which the governor voted shall be
   45  deemed to prevail.
   46         (b) The attorney general shall be the chief state legal
   47  officer. There is created in the office of the attorney general
   48  the position of statewide prosecutor. The statewide prosecutor
   49  shall have concurrent jurisdiction with the state attorneys to
   50  prosecute violations of criminal laws occurring or having
   51  occurred, in two or more judicial circuits as part of a related
   52  transaction, or when any such offense is affecting or has
   53  affected two or more judicial circuits as provided by general
   54  law. The statewide prosecutor shall be appointed by the attorney
   55  general from not less than three persons nominated by the
   56  judicial nominating commission for the supreme court, or as
   57  otherwise provided by general law.
   58         (c) The chief financial officer shall serve as the chief
   59  fiscal officer of the state, and shall settle and approve
   60  accounts against the state, and shall keep all state funds and
   61  securities.
   62         (d) 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.
   67         (e) The commissioner of agriculture shall have supervision
   68  of matters pertaining to agriculture except as otherwise
   69  provided by law.
   70         (f)(e) The governor as chair, the chief financial officer,
   71  and the attorney general shall constitute the state board of
   72  administration, which shall succeed to all the power, control,
   73  and authority of the state board of administration established
   74  pursuant to Article IX, Section 16 of the Constitution of 1885,
   75  and which shall continue as a body at least for the life of
   76  Article XII, Section 9(c).
   77         (g)(f) The governor as chair, the chief financial officer,
   78  the attorney general, the commissioner of environmental
   79  protection, and the commissioner of agriculture shall constitute
   80  the trustees of the internal improvement trust fund and the land
   81  acquisition trust fund as provided by law.
   82         (h)(g) The governor as chair, the chief financial officer,
   83  the attorney general, the commissioner of environmental
   84  protection, and the commissioner of agriculture shall constitute
   85  the agency head of the Department of Law Enforcement.
   86  
   87         A new section is added to Article XII of the State
   88  Constitution to read:
   89                             ARTICLE XII                           
   90                              SCHEDULE                             
   91         Recomposition of the cabinet; commissioner of environmental
   92  protection.—The amendment to Section 4 of Article IV relating to
   93  the election of the commissioner of environmental protection and
   94  the inclusion of the commissioner as a member of the cabinet
   95  shall take effect January 3, 2023, but shall govern with respect
   96  to the qualifying for and the holding of the primary and general
   97  elections for the office of commissioner of environmental
   98  protection in 2022.

Commissioner Jacqui Thurlow-Lippisch’s CRC webpage:
Appointed by President
Committee Assignments

General Provisions, Chair
Executive

Proposals Introduced
P 0023 GENERAL PROVISIONS, Natural resources and scenic beauty
Last Action: 10/19/2017 Filed
P 0024 EXECUTIVE, Commissioner of Environmental Protection
Last Action: 10/19/2017 Filed

Biographical Information
Occupation: Former Middle and High School German and English Teacher; Presently, Licensed Realtor, Lifestyle Realty Group
City: Town of Sewall’s Point (Martin County)
Commissioner Jacqui Thurlow-Lippisch was born in 1964 at Travis Air Force Base, Fairfield, California. She is a Daughter of the American Revolution, Florida Blue Key member, a lifetime resident of Martin County and member of St. Mary’s Episcopal Church.

Commissioner Thurlow-Lippisch’s mother is a third-generation Floridian and statewide recognized historian. In 1952, Commissioner Thurlow-Lippisch’s New York grandfather founded Thurlow & Thurlow, P.A. in Stuart, which specializes in real estate, and continues today as a family run business. She is married to William E. Lippisch, D.M.D./Oral Surgeon and general aviation pilot. They are well-known on the Treasure Coast for taking thousands of aerial photographs documenting the effect of destructive discharges from Lake Okeechobee on the health of the St. Lucie River/Indian River Lagoon. She shares these photos on her blog entitled “Indian River Lagoon,” which educates thousands of people. Jacqui is a former teacher with years of classroom experience instructing middle and high school students. She continues to work with youth through “River Kidz,” a division of the Rivers Coalition that has also helped promote and inspire efforts to find solutions to the damaging discharges from Lake Okeechobee.

Commissioner Thurlow-Lippisch is a former Mayor (2011-2012) and Commissioner (2008-2016) of the Town of Sewall’s Point and has served in other various public service and leadership capacities, including: Vice-Chair, Treasure Coast Region Planning Council (2016); Chair, Treasure Coast Council of Local Governments; Treasure Coast Florida League of Cities (2008-2016); Chair, Florida League of Cities’ Energy, Environment, and Natural Resources Legislative Committee (2013); Board member, Harbor Branch Oceanographic Institute Foundation, Florida Atlantic University (2013-2016); and Rivers Coalition Defense Fund (2011-present).

Commissioner Thurlow-Lippisch holds a Bachelor of Arts, Journalism & Communications, University of Florida, 1986; Bachelor of Arts, German, University of Florida, 1994; and Master of Arts, Curriculum and Development, College of Education, University of West Florida, 1999. She also graduated from the UF/IFAS Natural Resources Leadership Institute, Class XV, 2016.