Just last weekend, I presented at the “Future of Florida Summit” at the University of Florida’s Graham Center. Eric Eikenberg, CEO of the Everglades Foundation, gave a passionate speech to hundreds of young people during the lunchtime session. My husband, Ed, usually quiet, turned to me saying: ” He is a really good speaker.”
The crowd listened…
Mr Eikenberg noted that he was a graduate of Marjory Stoneman Douglas High School in Parkland, Broward County, Florida and that even though the school was literally built in what was once the Everglades, there had not been studies on that subject while he attended the school. He talked about the importance of our state waters and the need to involve youth in the education of our natural world, especially here in South Florida.
Ironically, four days later, the horrific shooting at Mr Eikenberg’s alma mater, has called attention, once again, to the shortcomings, and cultural sickness in our society.
In 1991, the “Marjory Stoneman Douglas Everglades Protection Act” was enacted by the Florida Legislature becoming the precursor to the Comprehensive Everglades Restoration Plan (CERP). Douglas ended up asking for her name to be removed from the legislation. At the time, she was 103 years old. After fighting for the Everglades for a lifetime, she said she felt the legislation was too favorable to the Sugar Farmers. “Growers should clean up the water on their own land…” meaning the state and federal government shouldn’t be building Storm Water Treatment Areas with taxpayer dollars to do it for them….
In time, Ms Douglas’ name was removed.
I wonder if she were alive today, if she would want her name removed from the school? I doubt it. She may have been tough on those destroying the Everglades, but she had a soft heart for youth. Lore states that when she was starting her famed organization Friends for the Everglades she refused to have the membership fee too high for students to be able to join, as she knew they were the most internal of keys.
My greatest sorrow and prayers for the families of the dead.
May the blood of the slain remind us to stop looking at our phones, and to turn to nature and Nature’s God for insight and inspiration in this crazy and destructive human-made world.
A mullet jumps at sunset, St Lucie River, photo taken by my brother Todd Thurlow
CRC Proposal #23, A Right to A Clean and Healthful Environment; “Any Citizen of the State of Florida, but not a Corporation”
Next week, the Constitution Revision Commission (CRC) will once again be in committee. Today, I will provide an update of proposal #23, “A Right to a Clean and Healthful Environment” and new thoughts:
#23 will be heard, December 12, 2017, between 1-5pm in the Judicial Committee. You can write committee members to support this proposal here or speak during public comment: (http://flcrc.gov/Committees/JU/)
This proposal was already “presented” to the Judicial Committee on November 28th, 2017, just over a week ago. As mentioned, on December 12, it will go before the committee once again, but this time is will be voted upon.
If the proposal passes through the Judicial Committee, the next stop will be the General Provisions committee. If it passes the General Provisions Committee, the proposal will go before the entire CRC for a vote to determine if it will go on the 2018 ballot.
In spite of tremendous opposition from Affiliated Industries of Florida who hired four, high-powered, Gunster attorneys to speak in opposition to the proposal, along with the Florida Chamber and others, I thought the November 28th presentation went great. As I had hoped, students were a part of the presentation for the proposal with Kai Su, a law student from Stetson University, who helped research the proposal, and the founders of the River Kidz sharing their public policy paper written on the subject for a duel enrollment class at Indian River State College.
I presented briefly myself, but had to leave the meeting early to run my own. Later, when I watched the Florida Channel’s video and saw the idealistic young people juxtaposed to the hard-edged lawyers, and self-focused business interests, I knew the proposal had been successful in spite of whatever its final outcome…
—#23, a proposal that would give more standing in a court of law to citizens of Florida over the all-powerful state agencies and those hand-picked by them to benefit from holding and executing “environmental” permits. Many members of the Judicial Committee asked hard and insightful questions to the attorneys, and I am deeply appreciative of their serious involvement and interest in the subject.
I was taken with this particular proposal because it was a collaboration of students and their professors from Barry and Stetson University. As a former eighth and ninth grade teacher, I liked the idea of youth being involved. The decisions made through the CRC process are indeed meant to be forward thinking for the next twenty years. Youth should be part of this conversation.
One thing is certain, this proposal has struck a chord. I am proud of that. I am proud for the young people for the conversation this proposal is inspiring. I also believe we must ask ourselves why were four Gunster attorneys hired, costing hundreds of dollars per hour, to speak against this CRC proposal? Is it because it would shift power from the legislative and executive branches of government to the judicial branch ~causing a more balanced “scale of justice?” It is because if #23 “A Right to a Clean and Healthful Environment” were to go on the ballot, it would likely pass?
Of course if would. The people of Florida do want a right to a clean and healthful environment; feel like environmental interests have been kicked to the curb; and should as taxpaying citizens of the state of Florida have fair standing in a court of law. Is this really asking too much?
Student Kai Su pointed out that the language is “subject to the reasonable limitations as provided by law.” This would not be a litigation free for all, but rather the judicial branch would decide certain issues considering the present laws on the books. Right now this is not really a possibility. People have to sue together under groups like the Sierra Club. Use the Federal Clean Water Act. It’s so hard, individually, people don’t even try.
Why shouldn’t citizens have standing on their own? As mentioned, the present scale is tipped so that state agencies, talking direction from the executive and legislative branches, have full authority to give protection to polluters under Florida Statues 403.412 (e), and the Florida Constitutions is so vague –offering only “adequate provision” it is really useless. Today, the Department of Environmental Protection joyfully gives out permits to corporations and business entities while the concerns of the people of Florida’s are mostly ignored.
I recognize that Great Dragon and its armies are against this proposal, but I see the light. I see the faces of the young people and their desire for the their children and grandchildren to be able to jump into a clean river or spring; catch a fish they can eat; hold the miracle of a seahorse in the palm of their hand; to feel the speed of boating without contaminated toxic algae spray against their face.
Kids in Florida springs, photo courtesy of John Moran.
Before Tuesday’s meeting I felt it was important to try to compromise, so I did reach out. I asked a representative from the opposition if there was any common ground we could work on together for future generations. I waited a few days for an answer. The answer was there was no interest in any part of this proposal going into the Florida constitution…
Hmmm…
I think will go forward the best I can with proposal #23 . Head up…My job is to herald this through for future for future generations. And although rejected in compromise, we will ameliorate the language to strike the words: scenic, historic, and aesthetic values of the that most concerned the opposition and rewrite “any person” to read:
“Any citizen of the state of Florida, but not a corporation, may enforce this right against any party, public or private, subject to reasonable limitations as provided by law.”
Because every citizen does have the right to a clean and healthful environment.
Kids jumping near Sandbar, Martin County, Fl. photo shared Barbara Osbourne
____________________________________
Original proposal:
CRC - 2017P 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
*Thank you for the many emails I have received from every-day people in support on Proposal #23! Here are a couple:
St Lucie River at sunset, photo by Todd Thurlow.
Jacqui Thurlow-Lippisch is a commissioner on the 2017/18 Constitution Revision Commissioner; *this proposal will go before the Judicial Committee 12-12-17. You can support or voice concerns about this proposal by writing the Judicial Committee here: http://flcrc.gov/Committees/JU/
We all know that young people are the largest key to a “better water future” for our great state of Florida. Recently I opened my mailbox to find the “Florida Coastal Law Review’s Special Symposium Issue: A look into the 2017 Florida Constitution Revision Commission/Fall Issue, Volume 18.” It is very excited to see what topics the students are covering. I read the whole thing! All of the articles are powerful expressions. My favorite? “Sugar, Politics, and the Destruction of Florida’s Natural Resources,” by Jaclyn Blair.
After such a difficult few weeks watching the state legislature pass the ball back and forth and finally catch SB10 and HB761, and then the false cry that Florida Forever could not be funded, the Law Review publication really lifted my spirits. I was so excited that I decided to call the law school, garnering more information and received permission to share.
The best way I know how, and with my limited time today, I am just going to photograph the article and post it. Even if you read the first few pages, you will be impressed. I have a better format, but cannot post PDF format on my blog. Email me if you’d like a PDF or call the law school at 904-680-7700. The Editor-in Chief, Dylan W. Retting, is a great help.
Close up toxic algae, SLR, 2016, JTLIn closing as I’m off to Panama City, more than anything…more than any bill or any politicking…. seeing young people pick up the torch for our waters and our environment is an inspiration. An inspiration for a true and longer-lasting, “better water future.”
Thank you to the students of Jacksonville’s Florida Coastal Law Review! I am impressed!
Winning art by 10-year-old Aiden Serafica, “Save the River” toilet seat in acrylics, Visionary School of the Arts, 2015.
Art has always been political. It is by nature. It makes us think. It makes us feel—whether we want to or not. Our reaction to art is ancient and deeply programmed into our innermost being….
Today, I say “Kudos!” to 10-year-old Aiden Serafica, a student at Lynn Barletta’s “Visionary School of the Arts,” in Stuart. As you probably know, the school is doing a wide range of amazing things with area youth. (http://www.visionaryschoolof-arts.org)
So this past Sunday, I was at Carson’s Tavern having dinner with my husband, Ed, and friends Anne and Peter Schmidt, when an adorable ten-year old boy walks up to me and says: “My grandmother told me I should show you this…”—he was smiling from ear to ear! He reaches out and shows me a phone, and this is what I saw:
…..……
“Aiden Serafica age 10 is in Miss Robyn’s Thursday class. Aiden was commissioned to paint a toilet seat in a “SAVE OUR RIVER” theme by local business owner Susan of Palm City Farms. Aiden received $100.00 for his beautiful rendition in acrylics. In addition this piece won first place in a contest at Martin County Fairgrounds as part of the best booth of the fairgrounds! Congratulations to Aiden on acompletely unique and daring project of creativity. Art is indeed everywhere!”
I was so excited by what I saw and read, and that this young man, Aiden, would share this with me.
“This is wonderful Aiden! Congratulations! Very powerful! So proud of your artwork and expression. Thank you for speaking out on behalf of our St Lucie River/Indian River Lagoon! ” Aiden and I shook hands. He was beaming; he even winked…
I think the Army Corp, the South Florida Water Management District, the state legislature and the Governor’s office are going to have to have a lot of pressure from future generations to “get the water right….” —-perhaps they too, if they see Aiden’s toilet art, will come up with some daring and creative ways to speed up fixing our rivers.
The other day at a Martin County Commission meeting, I felt like a parent beaming with pride. I had been there about four hours when my mother popped into the meeting, then my sister, and then Evie, Jenny’s daughter who is now 15. This is the only child that I literally saw born into the world…
Following Evie were many of her team mates, young men and women. So cute! And to see them sitting there in the commission chambers, what a sight! When public comment came around my niece, Evie, confidently walked to the podium and ask the commissioners to support full funding of a dock at Leighton Park that would allow the youth and others not to have to walk on the river bottom to launch their skiffs. This area of the St Lucie River is has the highest bacteria levels and is ground zero for the polluted discharges from C-44 and Lake Okeechobee. Cutting feet on dead oysters is not a good idea and even with shoes is dangerous. As we know open wounds in filthy water can have devastating consequences.
I watched in awe.
Tears swelled up in my eyes seeing Evie unafraid to “go before the commission.” As a commissioner for the Town of Sewall’s Point myself and as someone who has spoken before commissions prior to my commissionership, I know the tortured feeling of inadequacy that can often come upon one in such a situation. The commissioners up high on the dais, peering down on you, like you are a mere peasant. It is very intimidating even for the most educated and confident.
Because Evie is a River Kid whose mission is to “speak up, get involved, and raise awareness,” she has been speaking before commissions, politicians, and high level agency leaders since she was 10 years old! Going before the Martin County Commission was “old hat” for her. “What a gift,” I thought. The gift of learning public speaking and being at ease with it….a skill that can be applied to all aspects of life.
Evie Flaugh, speaks on behalf of her team, before the commission. 8-18-15. (JTL)Evie’s notes she wrote herself to speak before the commission. (2015)“The team sitting in the commission chambers.” (JTL)Parental support staff, and coast Stefani Faulkner far right. (JTL)
Coach Stefani Faulkner, spokesperson Dr Eric Pheiffer, and parents accompanied these kids. Take a minute see the good work they are doing! They are winning state competitions. And the river, in spite of its challenges, is helping make winners of them all!
“The Treasure Coast Rowing Club (TCRC) was established to stimulate and foster interest in the sport of rowing among amateurs. We promote this interest through education and competitions using every reasonable endeavor for the advancement and up-building of amateur rowing in accordance with the best traditions of sportsmanship. Our goal is to have a safe and fun environment where both adults and youth rowers can enjoy the sport of rowing. We aim to teach the joys of rowing to anyone willing to learn and wanting to get behind an ore, or on the water. We welcome all athletes regardless of their ability or experience. If you are willing to show up and work hard, there is a place for you in our boats”. (TCRC website)
Vicki Davis, Supervisor of Elections, Martin County, FL (2013)
The whirlwind of the elections is fully upon us, and today is the “big day…”
There will be winners and there will be losers, but one thing we can count on in our country, county, and state, is that there will be a “peaceful transfer of power.” This is no guarantee in many places around the world. We are fortunate…
My family has been in what would become the “United States” since the mid 1700s on my mother’s side, and since the late 1800s on my father’s side; but, my husband, Ed, was born in Buenos Aries, and his family emigrated from Argentina to the United States in 1960, when Ed was four years old.
When Ed’s father, “Papi,” was still alive, I used to spend hours speaking to him about the political and economic situation that led to him and Mrs Lippisch bringing Ed and Ed’s sister, Lupi, to the United States. No easy feat….
Over many cups of coffee, Papi told me about the dictatorships and the frightening economic up and downs and military coups under the Perons and others during that part of Argentina’s history……(http://en.wikipedia.org/wiki/Juan_Perón)
Sadly, Papi is gone, but his spirit lives as I remember his stories well and they have made me more appreciative my own country in spite of its faults and imperfections….
Today, I wish to thank Mrs Vicki Davis, our Supervisor of Elections for Martin County for all of her hard work and for helping ensure that peaceful transfer of power. She is lovely and hard-working and she is local, having graduated from Martin County High School.
Every time I see her, she thanks me for my work for the St Lucie River and Indian River Lagoon. And every time I see her she introduces me to another “young person” working in her office. Her outreach program is phenomenal. Recently, this summer, in 2014, Vicki attended the River Warriors’ “River Rally” at Phipps’ Park and registered voters in the 100 degree heat and sweltering humidity.
She loves the rivers and she loves her country; and she is a true professional. If you see her today, please say: “thank you.” And whether you are happy with the outcome of today’s election or not, please continue to do all you can to support the St Lucie River/Indian River Lagoon and the peaceful transfer of power in the United States of America.
This proposal was already “presented” to the Judicial Committee on November 28th, 2017, just over a week ago. As mentioned, on December 12, it will go before the committee once again, but this time is will be voted upon.
