Tag Archives: Florida Constitution

Let’s Make History! “No Oil and Gas Drilling in Florida’s Territorial Seas”~ Florida ballot 2018

This past Wednesday, I presented, P91 or “No Oil and Gas Drilling in Florida’s Territorial Seas” to the Declaration of Rights Committee of the Constitution Revision Commission. This was the second and final committee hearing and it passed! My other four environmental proposals were “killed”…

To be clear, as it is confusing, there are coastal territorial seas and there are offshore federal waters. This proposal would protect our territorial seas, our state waters, the waters under our jurisdiction. These waters have been drilled before and, hands down, if the oil and gas industry can, they will influence our state legislature so that they can drill our coastal waters again. There is no doubt about it. Just study history!

We all know, drilling so close to shore, as is done in other coastal southern states, would be visually, environmentally, and economically destructive to Florida’s unique/peninsular marine, real estate, and tourism resouces.

It is written in Article II of our state constitutional that “we shall protect our natural resources and scenic beauty.” P91 belongs in Florida’s Constitution. It would be an enormous statement on behalf of the people of Florida and would have major policy implications on many levels helping to keep all oil drilling away from our state today and in the future.

P91 is now one of 37 proposals of 103 that made it through the CRC committee process.

Today I am publishing the notes from my presentation that should be interesting and informative to readers.

Thank you for following the CRC process and I will keep you appraised of P91 as the CRC process continues and we move towards what gets on the ballot for 2018.

In the end, we must do something for our environment!

Fondly,

Jacqui

P91, presentation Declaration of Rights 1-31-18

Greetings Chair Carlton and Honorable Commissioners; I am Jacqui Thurlow-Lippisch  from the Town of Sewall’s Point in Martin County.

This morning, I am pleased to be presenting P91, also known as, “no oil and gas drilling in Florida’s territorial seas.”

~So you may ask,“ what are Florida’s territorial seas?”

The boundaries of Florida’s territorial seas are based on the foresight of our forefathers who expanded the boundaries of Florida, accepted into Florida’s Constitution in 1868 during the era we rejoined the Union. These boundaries are defined as: three marine leagues, or approximately 9 miles, on to the west coast, in the Gulf of Mexico, and extending as far as the shifting Gulf Stream, or three miles east, which ever is further, into the Atlantic Ocean off Florida’s east coast.

The US Code defines Florida’s territorial seas as three marine leagues on the west cost, and three miles out on the east coast.

Most of us have forgotten our history, but in 1944 Florida sold “everything hugging the shore out to 10.36 miles, from Apalachicola to Naples,” on the Gulf Coast to Arnold Oil Company. These lands consisted of of 3.6 million acres.

After decades of embittered fighting, unsuccessful exploration, and a movement to end the leases, in 1989 the Florida legislature banned oil and gas drilling in Florida’s territorial waters and stopped collecting lease money from the oil company that had the rights to these leases lands.

The battle ensued over time and party lines, but in 2002 Governor Jeb Busch with the help of his brother, the president of the United States, arranged for the oil company to accept 12.5 million state dollars to “abandon all further claims.” This transaction was finalized by 2005 with great fanfare of the public that was ecstatic to have Florida’s beautiful beaches and important natural resources “off the table.”

And yet by 2006 there were rumblings and by 2009, there was even serious talk of a bill on the floor of the Florida Legislature allowing for drilling within five miles of Florida’s west coast. Once again, tremendous pressure to reopen Florida’s territorial seas!

In 2010 the nightmare of the BP Deepwater Horizon really took this possibility off the table for discussion, but we must not be naive, especially in the current climate, this threat to our shores is still there!

Today, you as Commissions  of the Constitution Revision Commission have a chance to make history by voting “yes” on P91 “no oil and gas drilling in Florida’s territorial seas,” giving the possibility for Floridians to put language into our state constitution in 2018 that would protect Florida.

Let’s make history.

1868 map
Florida’s territorial seas
Gulf Stream

Links:

P91 CRC http://flcrc.gov/Proposals/Commissioner/2017/0091

Herald Tribune 2009 http://www.heraldtribune.com/article/20090926/News/605227437

Florida Trend 2009 http://www.floridatrend.com/article/5050/revenue-vs-environment

Earth Justice, David Guest,  2009:https://earthjustice.org/blog/2009-september/oil-drilling-axis-targets-floridas-offshore

Offshore Magazine, Destin Dome: http://www.offshore-mag.com/articles/print/volume-57/issue-3/news/exploration/eastern-us-gulf-of-mexico-destin-dome-may-yet-revive-eastern-gulf-of-mexico.html

Blake Plateau, Florida’s east coast is under partial currents of the Gulf Stream: http://edcon-prj.com/wp-content/uploads/2014/04/G1094_ocean.jpg

USGS Blake Plateau https://pubs.usgs.gov/pp/0659/report.pdf

CRC Analysis 2 http://flcrc.gov/Proposals/Commissioner/2017/0091/Analyses/2017p0091.pre.dr.PDF

______________________________

The next phase of the CRC is public hearings; there is a hearing in Ft Lauderdale tomorrow. After the public hearings the final proposals will be chosen to go on the 2018 ballot.
http://flcrc.gov/Media/PressReleases/Show/1071

Jacqui Thurlow-Lippisch is a member of the 2018 CRC, all comments are public record:  http://flcrc.gov/Commissioners/Thurlow-Lippisch

Florida Channel’s taping of prevention: Thank you to those who spoke in favor of the proposal. https://thefloridachannel.org/videos/1-31-18-constitution-revision-commission-declaration-rights-committee/

Article 11 Sec. 1 of our constitution defines Florida’s boundaries. Our forefathers had foresight in doing this. Our boundaries are much more extensive than other coastal sates. May we have the same foresight in expanding the boundaries to protect or territorial seas.

Environmental Provisions in Florida’s State Constitution/Getting Your Issues in Front of the CRC, SLR/IRL

Indian River Lagoon, John Whiticar

Part #4 in a series about the Constitution Revision Commission, (CRC) and how to get involved, by Jacqui Thurlow-Lippisch

Environmental Provisions in Florida’s State Constitution/Getting Your Issues in Front of the CRC (https://www.flcrc.gov)
The Florida constitution….(http://www.leg.state.fl.us/statutes/index.cfm?submenu=3)

It is amazing to realize how much of the Florida Constitution ensures protections of the environment, and yet we see the continued degradation of the natural resources of our state. It’s time we learn our constitution by heart, make sure it’s followed, and take action to see if something need be added.

Today, I am going to list the areas of the constitution that have to do with the environment for easy reference. You can click the links below to see the full amendments.

In 1968, “ardent environmentalist” and respected state representative, John Robert Middlemas, of Panama City, insisted that words of support for environmental policy were placed in the historic constitutional revision that same year.

In his honor, I ask that all fellow environmentalists review below, and ask oneself how to make these words take on a new sense of urgency as our springs, rivers, and natural lands need our voice. At the end of this article, and after reviewing our state constitution, if so inspired, please feel free to enter your own constitutional proposal or improve one that’s simply being ignored.

The CRC is considering September 22nd as the deadline for public proposals so please submit soon!

As an aside, it is my honor to serve as the Chair of the CRC’s General Provisions Committee, which is charged with examining Article II of the Florida Constitution. If you have comments or thoughts regarding Article II (or other provisions relating to the environment), please email me at Jacqui.Lippisch@flcrc.gov.

Here is the list of current environmental provisions in the Florida Constitution:

 

  • General Provisions (Article II): Section 7, Natural Resources & Scenic Beauty/Everglades Agricultural Area
  • Executive (Article IV): Section 4 (f), cabinet/Internal Improvement Fund/Land Acquisition Trust Fund; Section 9, Fish & Wildlife Conservation Commission
  • Finance and Taxation (Article VII): Section 3 (f), conservation easements/ taxes -exemptions; Section 4 (b) taxation-assessments ; Section 9 (a), special districts/water management; Section 11 (e) state/revenue bonds; Section (14) bonds-pollution control
  • Miscellaneous (Article X): Section 11, sovereignty lands; Section 16, limiting marine net fishing; Section 17, Everglades Trust Fund; Section 18, disposition of conservation lands; Section 28, Land Acquisition Trust Fund, (Florida Water and Land Conservation Initiative, 2014.)

  To enter your own proposal or idea regarding the environment:

                 

Adams Ranch, Bud Adams/Photographer
  • Go to gov/Proposals/Submit to create a free account and submit your proposed change to the Florida constitution. The online tool allows you to create your proposal using legal language by redacting or adding language. Remember to keep it simple and clear.

 

  • Using the same program, submit your proposal to the Constitution Revision Commission and sign up for the alert emails. Commissioners will review proposals and determine which proposals should be placed on Florida’s 2018 General Election ballot.

 

*Proposals can also be 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. Thank you so much for conserving and protecting the great state of Florida!

Manatee, Paul Nicklen, King’s Bay, FL
Mangroves, John Whiticar
Kids swimming/Florida springs, John Moran
Blue Springs, Madison, FL Sandra Henderson Thurlow
We especially must conserve and protect our environment for the future! (My niece, Evie, co-founder of River Kidz http://riverscoalition.org/riverkidz/ photo, Jenny Flaugh)

 

 

 

 

Constitution Revision Commission, JTL Talk #1, NAACP, SLR/IRL

Tonight I am speaking for the first time in public  as a commissioner of the 2017/18 Florida Constitution Revision Commission. I have been invited to present to the Martin County NAACP. Everyone is invited. I am very excited about this, and am sharing my notes so others who may not be able to attend can also be part.

History NAACP: http://americanhistory.si.edu/brown/history/3-organized/naacp.html

As this entire process is “historic,” I have decided to include this experiences on my blog. Please note this post is “in the Sunshine,” will be archived in my CRC email, and open to the public. All comments made will be public record.

CRC 2018
NOTES FOR NAACP/CRC TALK 6-15-17

I am proud to present to the Martin County National Association for the Advancement of Colored People. Getting involved in Florida’s 2017/2018 Constitution Revision Commission process will be rewarding!

My name is Jacqui Thurlow-Lippisch. My family has been in Stuart since 1952, and I was part of the first desegregated class to attend Stuart’s Parker Annex, known today as J.D. Parker Elementary. I have many friends in Stuart’s black community; I graduated from both Stuart Middle School and Martin County High School.  After graduating from the University of Florida and University West Florida,  I worked as a public school teacher and as a real estate agent.

In 2008, I ran for public office, and after a decade of pubic service as mayor/commissioner of Sewall’s Point, (as well narrowly losing a race for Martin County Commissioner in 2016) I was chosen by Senate President Joe Negron to serve on the 2018 Constitution Revision Commission, or “CRC” for short. Quite an honor! I am very thankful to Senate President Joe Negron for giving me this opportunity to serve the people of Florida and expand my experience.

Today my goal for you is to briefly cover the CRC’s history; discuss the CRC “today;” and review how to submit a proposal to the CRC for consideration to go before the voters as a constitutional amendment, on the ballot, in November 2018.

The handouts cover much more material than I will be able to cover in the next thirty minutes and are excellent resources.

BRIEF HISTORY

The history of the Florida constitution is the history of Florida itself.

I recommend two books: Making Modern Florida, by Mary E. Adkins, and The Florida State Constitution, 2nd Edition, by Talbot “Sandy” D’Alemberte. Both are great resources on this subject.

The books discuss:

Florida as a territory and entering the union as a slave state in 1845; succession from the Union in 1861, military occupation following the Civil War; the finally “recognized” constitution of 1885 (and its many others!); overcoming the power of the “Pork Chop Gang”;  Reapportionment; and the landmark case of 1962, Baker v. Carr enabling U.S.Federal Courts to intervene in the voting boundaries of the states…

This did happened in 1966,  leading to upheaval and redistricting, creating “modern Florida” and its 1968 constitution that is the basis of Florida today.

So what is the CRC and why does it exist? Why does it happen only every 20 years?

Professor D’Alemberte notes with all the political and social instability of the 1960s, it was born…

in 1965 every effort was made to revise Florida’s constitution when the legislature enacted a statutory CRC, and in 1968 the new constitution had substantial changes relating to the amendatory process. In addition to the two traditional methods of constitutional change: constitutional convention and legislative proposals, the 1968 document added the process of the independent Constitution Revision Commission.

Chair off the 1968 commission, Chesterfield Smith, stated:

“It is my own personal judgement that above all other matters, the new provisions in the 1968 Constitution authorizing means for further constitutional law changes are the most important things in the new constitution.”

The state never wanted to be in a position again like it was in the 1960s having the federal government tell it what to do…

So since 1968, every twenty years, there is the possibility and encouragement, if needed, for constitutional change through the CRC process, so that the voices of the people will be heard and recorded.

(Yes there are other ways too, but this is the most direct, in that amendments go directly on the ballot.)

TODAY’S CRC

CRC Commissioner: http://flcrc.gov/Commissioners; CRC full website: http://flcrc.gov

The CRC is made up of 37 people. 15 are chosen by the Governor; 9 by the President of the Senate, 9 by the Speaker of the House; and 3 by the Chief of the Florida Supreme Court; the Attorney General is automatically a member. The chair, one of the governors’ 15,  is Mr Carlos Beruff.

Let’s look at the diversity of the members:

I think it is a good representation for Florida, however, it must be noted that the commission like Tallahassee right now, is predominantly republican.

We can see there are 22 men; 15 women; 14 minorities.  Other notes include 14 attorneys; 5 legislators; 3 former senators, 1 former house representative; 5 other elected officials such as sheriff, clerk, county commissioner, school board member and attorney general; at least 10 educators; including business owners and 3 developers.

Over the past few months, the commission has held numerous public hearings entitled “listening tours” across the state and during this time the public has proposed over 400 unique proposals and 900 all together!

CRC 2018
I will read some of the topics that have come up and the order they were presented during one of the listening tours. Please note I am not going to say if I am for or against. This is just to share so you have an idea of what’s coming up. You can watch all of the hearings on the Florida Channel: http://thefloridachannel.org
Ready?

~Voting rights for ex. felons; Amd. 1 Art. 23, privacy and abortion; Legislature’s failure to implement the 2014 citizen’s initiative, Land and Water Legacy; open primaries; issues with write in candidates; insuring veteran’s health; clean water and air as a right; more solar energy; gun rights; gun control; transparency in government; equal rights amendment; right to assisted suicide; right to life; bear hunting; fair districts; non discrimination; independent redistricting; universal background checks/guns; home rule and local government; school choice; support of public schools; term limits for judges; no term limits for judges; cruelty to greyhound dogs/no racing…there are many more!

SUBMITTING A PROPOSAL


In closing, I will share with you how you can submit a proposal and am happy to answer any questions.

An excellent and easy way to submit a proposal is on-line: (above)

(Link for on-line CRC proposals: http://flcrc.gov/Proposals/Submit)

Just fill out the requited fields and walk through the prompts; you can practice before you publish.

Obviously you must be familiar with state constitution and the area of the constitution that refers to your topic/proposal, or would if it were there. The Constitution can be read by Article on the site or here: http://www.leg.state.fl.us/statutes/index.cfm?submenu=3

Second, ask yourself what would this change look like in the constitution itself? The wording? After finding the Article and Section, you will  insert, and or redact language for your final product.

Look here to see examples of proposals submitted to the CRC : http://flcrc.gov/Proposals/Public

So proposals can be submitted on-line, emailed; US mailed, or turned  in by hand at a public meeting.

Once committees are in place, all proposals will be referred to the correct committee and here it will be  determined if the proposal will go before the entire commission for a vote.

So far there are more proposals than 1978 or 1998 and we are far from the finish line!

To give you an idea of past approval numbers: 1998 CRC, nine constitutional amendments went on the ballot and eight were voted and approved by the public to go into the Florida Constitution. 1978 CRC, not one put on the ballot made it. Back then the threshold was 50%; today it is 60%. The Constitution should not be changed easily!

You, the voters, will decide!

So thank you again, get involved and know I am here to help you with the process of  making sure your voice is heard and Florida’s constitution is relevant, living and real.

Sincerely,

Commissioner, Jacqui Thurlow-Lippisch, jacqui.lippisch@flcrc.gov