August 14, 2002
QUOTES FROM ACTIVISTS AROUND THE STATE IN SUPPORT OF TODAY'S LEGAL
ACTION.
Helen Spivey, Co-chair of Save the
Manatee Club with Jimmy Buffett, Crystal River, (407) 539-0990
" I have given many years as a lifelong activist to protect
the Manatees . We personally and organizationally opposed the very deliberate
actions taken by the legislators when they created this bill, and we deeply
resented it when they stapled it to the Everglades bill to try and make
it veto-proof. We also regret that that strategy worked."
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Tom Reese, Public Interest Attorney
and individual plaintiff in this case, St. Petersburg, (727) 867-8228.
"This bill has eliminated the fundamentally important right of every citizen
of this state to challenge permits that negatively affect our public health
or environment. A citizen who doesn't live in a particular county but has valid,
scientific knowledge should have the right to challenge a permit in that other
county especially if the public's drinking water is affected."
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Glenn Compton, ManaSota-88, Nokomis,
FL (941) 966-6256
"Legislation that limits the rights of citizens to challenge decisions
which
can be detrimental to the public's health and the environment is undesirable. ManaSota-88 supports effective public participation in the affairs of government to the fullest extent possible. Citizens should retain the right to challenge potential conflicts regarding decisions which are legislative in nature. Public policy requiring fairness to protect the publics' health and the environment is paramount. Unfortunately, the new legislation passed severely limits the ability of many groups to legally oppose environmentally damaging projects such as the expansion of phosphate
mining in the Peace River basin."
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Becky Ayech, Environmental Confederation
of Southwest Florida, Sarasota (941) 322-2164
"The reason that we challenge permits, is because some permits are invalid
and that is the problem and when we win cases it is because the permits are
illegal. And because we have been successful the legislators and their developer
buddies want to find a way to stop us. And what they really should be concerned
about is why agencies are issuing permits that don't meet the rule criteria.
I think if they would look at that we would all have a better Florida."
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Reverend Fred Morris, Executive Director, Cherishing
Creation, Orlando (407) 839-3454
"The Florida Council of Churches is committed to our project, Cherishing
Creation and respecting individuals and citizen rights for protecting their
communities. This legislation reflects the opposite of the biblical doctrine
of responsible stewardship of the earth."
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Greenspace Preservation Association Board member
past President Florida League of Conservation Voters
Francine Robinson: Gainesville (352) 375-3337
GPA Board Member, Francine Robinson commented: "Greenspace Preservation
Association joined more than 100 other organizations to stop Jeb Bush from signing
HB 813, the anti-citizen enforcement bill. A severe blow to democracy was dealt
to the citizens of Florida by his refusal to veto the bill. That more than 100
groups came together in that effort is a measure of the state-wide opposition."
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Greenspace Preservation Association
Paula Stahmer, Gainesville (352) 375-3337
Two citizen groups, from an area of highly
rapid development, expressed their serious concerns regarding HB 813, the Anti-Citizen Act signed into law by Jeb Bush at the end of the 2002 Legislative Session.
In Alachua County, the Greenspace Preservation Association
has been active in working to retain and protect natural resources. Paula Stahmer, Vice-President of GPA, stated: "HB 813 removes the ability of citizens
to organize in ad hoc fashion to protect both their civil and property rights. The requirement of at least one year's prior existence of an organization quashes the ability of citizens to act in concert to respond effectively to newly-emerging problems."
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Glen Springs Preservation Association: Bonnie O'Brien:
Gainesville (352) 372-7991
"The Glen Springs Preservation was organized as a response to the threat
of flooding of residents' homes and property. A proposed project with unworkable
plans for stormwater management was opposed by citizens through the organization.
Bonnie O'Brien, Board Member of the GSPA, said: "We neighbors got together
to protect our homes and private property from a fatally-flawed plan. If HB
813 had been in place at that time, we would not have been able to form an organization
with standing to challenge this destructive project."
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Nancy Brown, President Florida League of Conservation
Voters &
Past President Friends of the Everglades, Tallahassee (850) 668-4772
"Senator King and Governor Bush finally embraced the measure that will
harm all Floridians. The Everglades funding bill that Bush signed was really
a Trojan Horse, representing the loss of citizen standing in the courts. In
the Greek legend, the walls of Troy were breached by a gift - a large horse
concealing its true purpose: a force intended to conquer the people of Troy.
In this case, the Everglades money-horse contains new legislation sought by
developers who want to further minimize the ability of citizens to contest permitting
decisions. The result of this bill will make government unrepresentative and
special interest influence virtually impregnable."
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Chad Hanson, Tallahassee Green Party, Tallahassee (850)
926-4293
"Any law that hampers citizens' participation in the democratic process
is a strike against democracy itself. This anti-citizen law is intended to silence
those that are standing up for their environmental rights to clean air, water
,and quality of life."
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Greg Patterson, President, Council of Neighborhood Associations,
Tallahassee, (CONA), Tallahassee (850) 545-2840
"This is one more nail in the coffin; one more instance of the special
interest elite using their power and influence to silence the common ordinary
man so that they may fatten their profits."
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Dan Hendrickson, Legislative Chair,
Florida Consumer Action Network, Tallahassee (850) 385-6160
"This Anti-Citizen Bill was stapled on or sneaked into 3 bills during the
final Thursday and Friday of the session. The Toxic Amendment to the Everglades
Bill was introduced and passed on the final day. Legislative reform to stop
legislative trains and to stop last minute amendments would dramatically decrease
the number of challenges under the single subject rule that the Courts have
to scrutinize. It would also be more honest with the public and even with the
legislators who end up often voting for bills they have not only not read, but
don't even have a hint about some of the most dangerous amendments hidden inside
the bills."
"Ironically, one of the bills sponsored by incoming Speaker Johnny Byrd
would have stopped this type of legislation COLD. HJR 765 by Byrd (and 69 co-sponsors)
passed the Rules committee, Procedural Council and the whole House 113-0 on
March 7. The bill would put a Constitutional Amendment on the ballot for Florida
voters to require a 48-hour period before a new version of legislation could
be passed by one of the chambers. The 48-hour rule would have prevented this
kind of damage, and other legislative trains, midnight amendments and last-minute
maneuvering that has helped make Florida's the
special interest legislature
it has become."
"Byrd's bill, if it had been enacted, would have prevented this toxic
amendment going onto the Everglades Bill because he proposed a 48-hour cooling
off period before a bill can be passed. That would eliminate the flood of sneak
amendments which are a favorite tool of some lobbyists and some legislators,
as well. The Senate companion SB 1252 by Senator Peaden didn't get even a hearing.
Legislative reform is not a priority to Florida legislators."
Hendrickson, who was also one of the counsel of record for the plaintiffs
in
Florida Consumer Action Network v. Jeb Bush, summarized that case:
"The
Single subject challenge succeeded vs the infamous Tort Reform
Act of 1999, when dozens of parties came into Circuit Court here in Leon County.
After several hearings and after substantial discovery, the single subject issue
was briefed and argued and the judge declared the entire piece of legislation
unconstitutional because of the single subject violation."
"This case will again tell the Legislature that the way they do the business
of their corporate sponsors over there is illegal: Midnight amendments, stapling
entire bills together on the final day of session, several hundred-page amendments
which "strike everything after the enacting clause" so no one can
read them until days or weeks after they've been voted and passed-- Should all
be illegal. At least, in the case of this year's Biggest Environmental scandal,
as one writer recently described it, the legislature will be proven wrong for
passing the bill, and the Governor wrong for not vetoing it and sending the
Everglades bill back for funding during the Special Sessions this summer."
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