Tag Archives: P23

The Best Constitutional Recipe is “Self-Executing,” SLR/IRL

Serving on Florida’s Constitution Revision Commission the past year, I have learned quite a bit. Ingredients certainly have their place in the cookbook of Tallahassee, but the final recipe followed belongs to those in power.

Unless…you can come up with a recipe that is failsafe, a recipe that is “self executing.”

Let’s review a definition of self-executing: “A constitutional provision is selfexecuting when it can be given effect without the aid of legislation, and there is nothing to indicate that legislation is intended to make it operative.”

Remember P23, “A Right to Clean and Healthful Environment?” My proposal that was met with tremendous statewide opposition, the one Affiliated Industries of Florida hired four Gunster attorney’s to fight? The proposal that was voted down on January 12 by the Judicial Committee?

I believe that proposal was “so threatening” because many believed, or wanted to believe, that the proposal was “self executing.” Meaning if it got into the Florida constitution, like a light switch everything would just change as it would go into effect without direction from the legislature.

Let’s look at the language of P23

   (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.

On the other hand, if you look at the language for Amendment 1, 2014 that passed by 74.9% by Citizen Initiative, the language is definitely not-self executing.” The legislature has to “make it operative” —as it has to do with money, appropriations….

Florida Constitution, Article X

SECTION 28.Land Acquisition Trust Fund.

(a)Effective on July 1 of the year following passage of this amendment by the voters, and for a period of 20 years after that effective date, the Land Acquisition Trust Fund shall receive no less than 33 percent of net revenues derived from the existing excise tax on documents, as defined in the statutes in effect on January 1, 2012, as amended from time to time, or any successor or replacement tax, after the Department of Revenue first deducts a service charge to pay the costs of the collection and enforcement of the excise tax on documents.
(b)Funds in the Land Acquisition Trust Fund shall be expended only for the following purposes:(1)As provided by law, to finance or refinance: the acquisition and improvement of land, water areas, and related property interests, including conservation easements, and resources for conservation lands including wetlands, forests, and fish and wildlife habitat; wildlife management areas; lands that protect water resources and drinking water sources, including lands protecting the water quality and quantity of rivers, lakes, streams, springsheds, and lands providing recharge for groundwater and aquifer systems; lands in the Everglades Agricultural Area and the Everglades Protection Area, as defined in Article II, Section 7(b); beaches and shores; outdoor recreation lands, including recreational trails, parks, and urban open space; rural landscapes; working farms and ranches; historic or geologic sites; together with management, restoration of natural systems, and the enhancement of public access or recreational enjoyment of conservation lands.
(2)To pay the debt service on bonds issued pursuant to Article VII, Section 11(e).
(c)The moneys deposited into the Land Acquisition Trust Fund, as defined by the statutes in effect on January 1, 2012, shall not be or become commingled with the general revenue fund of the state.

So now Amendment 1 2014, has sat in the Florida constitution since 2015 and funds have been spent have been spent for agency salaries, risk management, vehicles, but not conservation land purchase.

Why because the language is not self-executing. And because the state legislature is not minding the will of the people.

As a CRC member, I took on P46, now know as Article X, Section 28, Land Acquisition Trust Fund because the public repeatedly asked the CRC to address this issue during the public hearings and on-line.

I am now realizing even with new language, or an amendment,  Land Acquisition Trust Fund will remain non-self executing.

I can fight for the intent of Amendment 1, 2014, and that I will, but I cannot make Article x, Section 28 Land Acquisition Trust Fund self-executing. For that we need new cooks in the kitchen.

 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.

P46 will go before the CRC Legislative Committee on Friday, January 26. You can write committee members here: https://flcrc.gov/Committees/LE/

Jacqui Thurlow-Lippisch is a member of the 2018 CRC: https://www.flcrc.gov/Commissioners/Thurlow-Lippisch

Back Up, After a Triple Knockout, CRC January 11-12, 2018

Face down on the dike at Lake Okeechobee, photo Ed Lippisch 1-15-18

On Monday, I had Ed drive me to the lake. I needed to see it face-to-face, and be reminded of why I am driven to protect Florida’s environment.

It was a beautiful, chilly, day and as I lay on the warm earth, soaking it all in, Ed snapped a photo. I laughed when I saw it, thinking it summarized my experience at the Constitution Revision Commission last week in Tallahassee.

A triple knock out.

But I am back up, and today will fill you in on last week, and note what remains possible for the future.On Thursday, January 11th, I presented two proposals to the Executive Committee; a committee upon which I serve. Both proposals were voted down.

They were: P 24, “Creating a Commissioner of Environmental Protection,” and P48, “FWC/Wildlife Corridors.”

I presented right after highly respected, former Senate President, Don Gaetz, who spoke in favor of a making the Secretary of State, once again, a cabinet position.

We were both voted down. The committee had no tolerance for expanding the executive branch in any form.

Exec. Committee Florida Channel: https://thefloridachannel.org/videos/1-11-18-constitution-revision-commission-executive-committee/

On Friday, I awoke to torrential rains and cold temperatures, rushing to make it in the darkness by 8:00 am to stand before the Judicial Committee, finally, for a vote on controversial, Gunster-attorney-fought, and widely reported P23, “A Right to A Clean and Healthful Environment.” It was voted down by every member of the committee as it would have created  a new “cause of action,” and given citizens standing, regarding environmental claims, in a court of law. In the committee’s opinion, P23 would have caused a Florida litigation nightmare.

For me, the lack of prioritization for the environment, the over-protection of permit holders, and the “buddy-agency-system,” holding it all in place, is already causing a “nightmare;” thus, I was all for a change and in favor of this student-inspired proposal that spoke for what the CRC is supposed to be speaking for—-its citizens.

In any case, it was quite a lesson for me, bleeding my heart out, and getting denied. I was not embarrassed, just kind of numb. I must say, it was very kind, and I appreciated that many of my comrades complimented my efforts and encouraged me to continue my fight, right before the knock-out punch. 🙂

Judicial Committee meeting, Florida Channel: https://thefloridachannel.org/videos/1-12-18-constitution-revision-commission-judicial-committee/

Thank you to reporter Jim Turner, from the News Service of Florida, who stood with me afterwards as I mumbled trying to find words to instill inspiration in my defeat. His article is a good summary:

Jim Turner, New Service of Florida: http://sunshinestatenews.com/story/controversial-crc-environmental-proposal-dead

So, I have two of my five proposals still alive.

P48, “Clarifying Language Amd. 1, 2014, Land Acquisition Trust Fund” and

P91,  “No Oil and Gas Drilling in Florida’s Territorial Waters”

No dates have been set to hear these proposals, but in the meanwhile, I am back up on my feet and getting ready for the next round. I know it will come. I have been studying one of my favorite boxers, Sugar Ray Leonard, who was a favorite of my students in Pensacola, for some moves. I’m going to be ready!

Thanks for you support and for your love of Florida’s environment.

Jacqui

JTL is a member of the Constitution Revision Commission 1018.  See Jacqui’s sponsored proposals and CRC webpage here: https://www.flcrc.gov/Commissioners/Thurlow-Lippisch

Ed on the dike with Bo and Luna, Lake Okeechobee 1-15-18
I’m standing….
S-308 at Port Mayaca, the awful ACOE structure that allows water in from Lake Okeechobee that destroys the St Lucie River/Indian River Lagoon; note color of water even in winter, video below.

Jacqui Thurlow-Lippisch is a member of the 2018 Constitution Revision Commission; she was appointed by Senate President Joe Negron: https://www.flcrc.gov/Commissioners/Thurlow-Lippisch

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Amd ! 2014 Water and Land Legacy victorybycounty-75bluegreen

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

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

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

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

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

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

As a presenter, I am just like anybody else.

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

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

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

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

.Screen Shot 2016-03-28 at 12.24.26 PM

Sunrise in Tallahassee, JTL

jacqui _MG_1455a_small_Robert_Holland_original

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

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