Tag Archives: SLR/IRL

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

Documenting the Discharges, 12-4-17, SLR/IRL

12-4-17, ca. 2:45 pm, photos: Ed Lippisch & Jacqui Thurlow-Lippisch

The Army Corp of Engineers has lessened but not stopped Lake O discharges that started September 20th, 2017 just prior to Hurricane Irma. Perhaps as the discharges have gone on at such a high rate for a comparatively long time,  the plume has had a chance to extend its territory. In yesterday’s photos, the dark, filthy plume is reaching clearly south beyond the exclusive Town of Jupiter Island.

Yesterday was a beautiful day, but the river and ocean waters of our entire region were ugly, possibly contaminated. How are we to enjoy our property and lives here?

When viewing the aerials below, please note the blue, sapphire-colored water just on the edge of the discharge plume. Yes, of course all estuaries put forth darkened fresh water after a rain event, and Ed and I could see this occurring just south at Jupiter Inlet. Nonetheless, the black, gigantic plume that we repeatedly endure for the St Lucie River/Indian River Lagoon due to discharges from Lake Okeechobee is an aberration.

Please let’s all  support Joe Negron and the public’s work to build the EAA Reservoir; clean & send the water south!

Lake O discharges: http://w3.saj.usace.army.mil/h2o/reports.htm
Looking south along the southern most area of Jupiter Island.
Looking north along Jupiter Island-dark ocean waters. Jupiter Narrows an extension of the IRL on left.
Plume -looking north along Atlantic coast
Edge of plume; note clean sapphire colored water juxtaposed to dark Lake O/canal plume
Another angle, Jupiter Island,  looking south-blur due to wind and camera movement
Back at St Lucie Inlet
IRL, note bare bottom. This area is known as the Sailfish Flats and once had hundreds of acres of seagrass beds.
The Sandbar, a popular weekend recreational area for boaters, especially families, surrounded in dark Lake O discharge waters. This is a health issue.
Barren Sailfish Flats
Sand bottom with no seagrass between Sewall’s Point and Sailfish Point. An area once teaming with life.
The Crossroads — no seagrass beds just sand bottom
IRL looking north
St Lucie River near St Lucie Inlet dark as coffee
North of St Lucie Inlet the plume covers near shore protected reefs as it does south of the inlet.
Blue!
The plume as viewed from under the wing of the Cub
Plume edge: The tainted water we are given by our government; the blue –the water we should have by God & Nature.

 

Documenting the Discharges 11-19-17, SLR/IRL

Last Thursday on November 16, the ACOE reported they will reduce the amount of water they are releasing from Lake Okeechobee. The Corp had been releasing at a high rate, on and off, since September 20th. New targets are 2800 cfs east and 6500 cfs west.

Photos below were taken yesterday, 11-19-17 by my husband, Ed Lippisch. We will continue to document the discharges from Lake O, and area canals.

As Thanksgiving approaches, we are thankful the discharges are lessened and that the SFWMD and the public are working hard to plan the EAA Reservoir Senator Negron fought for… We the people of Martin County, will not be satisfied until these discharge stop. The river has its hands full with unfiltered discharges draining agriculture and developed lands from C-23, C-24, C-25 and C-44. All must be addressed.

“And where the river goes, every living creature that swarms will live, and there will be very many fish. For this water goes there that the waters of the sea may become fresh; so everything will live where the river goes…” Ezekiel 

St Lucie Inlet, Sailfish Point R, Jupiter Island L, and Sewall’s Point and mainland Stuart in distance.
Sewall’s Point
Manatee Pocket
Hell’ s Gate Sewall’s Point to right
C-23 main SLR
Confluence of SLR/IRL at Sewall’s Point’s southern tip
Sewall’s Point
IRL looking towards Sewall’s Point and Stuart. Incoming tide pushes plume waters north into IRL
somewhere looking down…

SFWMD canal and basin map. C-44 canal is the canal most southerly in the image and was connected to Lake O in 1923. C-23, C-24 and C-25 were built later in the 50s as part of the Central and South Florida Project that over-drianed South Florida causing many of the water problems we live with today.
Atlantic ocean off Jupiter Island, plume water moving south over nearshore reefs
IRL near Sailfish Flats where seagrass forests used to flourish housing many fish…
Hutchinson Island looking to IRL
Roosevelt Bridge SLR
C-23 SLR

Documenting the Discharges 11-8-17, SLR/IRL

A lone sailboat is a sea of blackness, confluence of the St Lucie River/Indian River Lagoon, once considered the most biodiverse estuary in North America and full of seagrasses, a nursery for the ocean..
http://w3.saj.usace.army.mil/h2o/plots/s308h.pdf
I am very fortunate to have a small army of people helping me document the  Lake Okeechobee discharges this year. Presently, it  is the tremendous rate of government sponsored discharge from Lake O that is destroying the regions’ economy and ecology, right before our eyes, ~once again.

Friends of my husband, pilots Dave Stone and Scott Kuhns, took these aerials yesterday, 11-8-17 around 5 pm. When I asked Scott about the plume, he relayed that it went 15 miles south almost all the way to Jupiter Inlet, and since there is also rain driven, fresh, dark- stained water flowing out of the Jupiter Inlet (not over-nutrified, black-sediment water from Lake O) there was no clear delineation of blackened plume to aqua ocean water, like usual–rather, the waters are all dark….

“How far did the plume go east from the St Lucie Inlet?” I asked. “From the coast, as far as the eye could see…”

End of plume, near Jupiter Inlet
Another angle end of plume near Jupiter Inlet
Up close of a boat in the plume. Look at the sediment! Covering what once was seagrasses and killing our near shore “protected” reefs.
Plume in black water. Brown on black. The ocean? You’d think it was an oil spill.
Plume as seen at mouth of St Lucie Inlet near multi million dollar homes in Sailfish Point.
Plume at mouth of St Lucie Inlet on south side as seen against Jupiter Island’s state park/Jupiter Narrows.
A lone sailboat is a sea of blackness, St Lucie River/Indian River Lagoon, once considered the most biodiverse estuary in North America and full of seagrasses, a nursery for the ocean.
Plume exiting St Lucie Inlet
The north Jetty at the St Lucie Inlet with plume waters going into the Atlantic Ocean. The plume goes east for many miles.

http://w3.saj.usace.army.mil/h2o/reports.htm–cfs over 4000 has been going on for weeks. A total blowout.

Lake O is connected to the St Lucie through the C-44 canal.
*Lake O level:http://w3.saj.usace.army.mil/h2o/currentLL.shtml

*The ACOE has been discharging from Lake O since Hurricane IRMA hit on Sept 2oth, 2017. The rate of discharge has gone up and down, however increasing over recent weeks. Word is the St Lucie could be dumped on for many more months, possibly through the end of the year. So don’t count on taking your visiting relatives out fishing this holiday season even though you moved here for the water. This ecological disaster is finally seeing light at the end of the tunnel as Senator Joe Negron, alongside the public, and “River Warrior” groups, particularly Bullsugar, has pushed so hard  that the SFWMD and ACOE are finally working  towards building an EAA Reservoir that will begin the long journey of changing water drainage culture in South Florida, and “sending the water south.” Please get involved and learn more by viewing this SFWMD EAA RESERVOIR website:https://www.sfwmd.gov/our-work/cerp-project-planning/eaa-reservoir

*Thank you to the people, and the children, groups such as the C4CW, Rivers Coalition, grandparents’ HOA email chains, leadership at Martin Health System, and to the those working for the agencies trying to help the St Lucie. As the River Kidz say: 

“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

A Chocolate Ocean; A Black River, A Disgrace, SLR/IRL

Flight over SLR/IRL to view canal C-23, C-24, C-25 and especially present high releases from Lake Okeechobee through C-44 Canal. JTL/EL 10-14-17

Yesterday, I asked Ed to take me up in the plane, once again to document the discharges. In the wake of much rain and an active hurricane season, the St Lucie River/Indian River Lagoon continues to sacrifice its economy, health, and ecosystem for the EAA and South Florida drainage. A standard operating procedure that is outdated and dangerous.

The discharges from Lake O. have been on and off since Hurricane Irma hit on September 20th. Presently they are “on,” and it shows. Right now our river and ocean shores near the inlet should be at available to boaters, fisher-people, and youth, in”full-turquoise-glory.” Instead, the estuary, beaches, and near offshore is a ghost-town along a chocolate ocean and a black river. The edge of the plume can hardly be distinguished as all is dark, sediment filled waters. A disgrace.

ACOE 10-15-17
10-15-17 Lake O is high. This is a threat to those who live south and around the lake.
South Florida’s southern Everglades, 1850 & today. The water that used to flow south now is sent to the ocean and Gulf of Mexico through canals C-44 (SLR) and C-43.(Cal.) (Map courtesy of SFWMD.)
Image showing drainage of S. Florida through St Lucie and Caloosahatchee rivers. These rivers, that God did not connect to Lake Okeechobee, have been channelized by humans to dump Lake O. This drainage system put in place  in the 1920s does not serve Florida today. Not economically, health wise, or environmentally. We must continue to push to replumb the system the best we can.  (Public image.)

ACOE, Lake O: http://w3.saj.usace.army.mil/h2o/currentLL.shtml
S-308 and S-80 connected to both LO and C-44: http://w3.saj.usace.army.mil/h2o/reports.htm
C-23,(S97) C-24,(S49) C-25 (S99): http://my.sfwmd.gov/portal/pls/portal/realtime.pkg_rr.proc_rr?p_op=FORT_PIERCE

I told Ed it’s best not to smile for this photo. We look forward to seeing the model and timeline from the SFWMD and ACOE for Senator Negron’s reservoir, and the beginning of turning this century old nightmare.

 

SFWMD basin map for SLR showing canal discharge structures.