• Friday, May 25, 2007

WEST PALM BEACH — Three national environmental groups sued the Army Corps of Engineers this week, asking a federal judge to make sure the multibillion-dollar Everglades restoration project isn't just a ruse to fuel massive development and farming that would destroy Florida's famed and fragile River of Grass.

In the lawsuit, filed in U.S. District Court, the groups claim the corps is ignoring safeguards Congress put in place to ensure the billions being spent will provide much-needed water to revitalize the parched Everglades and not merely provide drinking water and irrigation for future farms and home sites.

The tone of the 27-page lawsuit, which became public Thursday, is stern. It quotes National Park Service biologists as saying the loss of wetlands, the disappearance of wading birds and the threatened extinction of animals, such as the Florida panther, "warn of a system under assault and in jeopardy of collapse."

The suit indicates strong action is needed.  However, Bradford Sewell, an attorney at the Natural Resources Defense Council, said the lawsuit isn't aimed at stopping ongoing projects that have already cost taxpayers millions.  In fact, he said, there is much to like about what is being done.

"It should be clear that we support this restoration project, and we're not asking project construction to stop," he said from his office in New York City.

The National Wildlife Federation and the Sierra Club joined the Natural Resources Defense Council in the suit.

The groups are worried that if the rules aren't followed, there are no assurances that the project will accomplish the goal of restoring the Everglades to its former splendor, Sewell said.  "There are a lot of pulls on this project - the conflict between water for the environment and water for additional growth," he said.

The rules that Congress established in 2000 when it approved the historic re-plumbing project are to eliminate the conflict. Federal lawmakers asked the documents be drafted to firmly establish that the Everglades would get as much as 80 percent of the water from a complex system of reservoirs, storm-water treatment areas and canals now under construction. New development would get the rest.

Dennis Duke, chief of the Everglades Division of the corps' Jacksonville-based district, said the much-talked-about 80-20 split isn't guaranteed. But, he said, there is no question the Everglades will get the majority of the water, and assurances are in place to make that happen.  He acknowledged that the assurances aren't in the same form as envisioned by Congress. When federal lawmakers failed to provide money for the restoration project, the South Florida Water Management District agreed to bankroll the initial phase and get reimbursed later.  The corps is now in the process of writing the reports that outline how the water will be distributed. Some are already completed.  However, he said, permits the corps issued to water managers make it clear the majority of the water must be used to revitalize the Everglades.  While not surprised by the lawsuit, Duke said it is worrisome.  "I would not want to see the project get slowed down because of litigation," he said.

Sewell countered that he would hate to see the project compromised by failing to assure the Everglades gets the water it needs.

By Jane Musgrave

Palm Beach Post Staff Writer

 

                                                                                             _______________++_____________

 

 

                                                                                           

 

 

 

 

 

 

 

  • 12 Mar 07  Your First amendment rights to be trampled by developers

Wake up and smell the coffee.  The Florida Legislature is set to try to destroy our most basic Constitutional right:  the right of petition, guaranteed by the First Amendment of the United States Constitution.  You can be sure that this is a direct attack on Florida Hometown Democracy.

The status quo power that is "government of the developer, by the developer and for the developer" can't beat us on the issue, so they are trying to destroy our ability to get our reform before the Florida electorate.

These proposed restrictions on your First Amendment Right to Petition are likely unconstitutional, but we don't have a year or two or three to litigate this.  We must nip it in the bud NOW.

Read the following stories and then contact your legislator.  Tell your legislator you won’t stand for this attack on your most basic right as an American.  Then call Governor Christ. Tell him you are appalled by this vicious attack on your most basic civil liberty.  Tell him he must VETO any legislation that harms the right to petition.  He claims to be a governor of the people.  Let's hold his feet to the fire and help him see the light.

Email:  Charlie.Crist@myflorida.com,   Governor's office:  800-488-7146.

Act now!!  We've come to far to give up the dream.

Lesley Blackner

 

PUSH ON TO SLOW FLORIDA CONSTITUTIONAL CHANGES

Miami Herald -- March 9, 2007
by Beth Reinhard and Gary Fineout

At a time when it's harder than ever for citizens to change the Florida Constitution, stricter rules for getting proposed amendments on the ballot cleared House and Senate committees Thursday.

The bills would place time limits on turning in signatures, and allow people who have signed petitions to remove their names.

Opponents of the measure told the Senate Committee on Ethics and Elections that the proposal would hamper efforts by grassroots organizations on shoestring budgets. An amendment backed by big business last year requires future proposed amendments to garner 60 percent of the vote, not just a majority.

''We see this contributing to a larger trend, a door that is creaking shut on the initiative process,'' said Brad Ashwell, an advocate with Florida Public Interest Research Group.

Corporate interests spent at least $58 million and as much as $100 million to lobby the Florida Legislature in the past year.

''The effort to restrict the initiative effort is coming from the biggest special interests in the state,'' said Ben Wilcox, executive director of Common Cause Florida.

Nonsense, said the bill's sponsor, Republican Sen. Bill Posey of Rockledge. He said the measure would prevent aggressive petition gatherers from taking advantage of voters.

''Every constitutional amendment that passes takes rights away from someone or takes money away from someone,'' he said.

The Senate committee passed the bill 6-3. The House Economic Expansion and Infrastructure Council approved a similar measure 11-2.

Another measure making it harder to run petitions passed the House Ethics and Elections committee. The bill, pushed by Publix Supermarkets and other business groups, would allow stores to kick signature gatherers off their property. It comes on the heels of a Tallahassee court decision that said the grocery chain can bar advocates of petitions to legalize marijuana.

    http://www.miamiherald.com/569/story/35812.html

 

GOP SENATOR GETS APPROVAL TO MAKE PETITIONING FOR BALLOT INITIATIVES TOUGHER
Tallahassee Democrat -- March 8, 2007
by Bill Cotterell

A Space Coast legislator won party-line approval Thursday for a package to tighten restrictions on gathering petitions for issues going on the Florida ballot.

Several civic organizations - including the League of Women Voters, People for the American Way and Common Cause of Florida - warned that the plan by Sen. Bill Posey, R-Rockledge, would put the public-initiative process out of reach of truly grassroots organizations.

But business interests, including the Florida Chamber of Commerce and Associated Industries of Florida, said Posey's bill would help root out fraud, forgery and misrepresentation in the petition method of amending the constitution.

Posey's bill (SB 900) would require professional canvassers to wear identifying badges so that voters would know whether a petition was pushed by civic-minded volunteers or professional political consultants. All petitions would be stamped with the names and addresses of the persons gathering them, whether they are unpaid volunteers or employees getting paid by the signature.

And voters would be able to revoke their signatures if they learn more about an issue and regret helping to place it on the ballot. Posey said that is important because people sometimes fall for a nice-sounding title on an initiative but later find out they signed for something else entirely.

Posey's interest goes back decades.

In the 1970s, he said, canvassers seeking a public referendum falsely told his mother that he was on their side. He declined to identify the issue or the organization pushing it but said ''they were just trying to get in my face'' by claiming that his mother endorsed their petition.

''My mother - who, unlike me, is a very unassuming and kind-hearted person - had no way to remove her name from that petition,'' said Posey.

Common Cause lobbyist Ben Wilcox and attorney Mark Herron, a prominent elections law practitioner in the Capitol, warned that the signature revocation provision would start a whole new ''cottage industry'' of canvassing companies that torpedo petition campaigns.

Several consultants specialize in rounding up the 611,009 petition cards needed to put a constitutional amendment on Florida's ballot. Herron and Wilcox said allowing revocation would create a new line of work for them, tracking people down and getting them to take back their signatures.

Only rich and powerful industries - not true grassroots civic organizations - could afford that, they said.

''This is a solution in search of a problem,'' said Wilcox. ''The real beneficiary of this bill would be the petition-gathering companies themselves.''

But Posey said that in one Santa Rosa County case, petition gatherers were charged with 40 violations of canvassing laws. In another case, he said, a county elections supervisor was surprised to find his own name - which he hadn't signed - on a petition for a referendum.

All three Democrats on the Ethics & Elections Committee, Sens. Gwen Margolis of North Miami Beach, Charlie Justice of St. Petersburg and Nan Rich of Sunrise, voted against Posey's plan. The proposal now goes to the Judiciary Committee for debate.

    http://www.tallahassee.com/apps/pbcs.dll/article?AID=/20070309/CAPITOLNEWS/703090347/1010/NEWS01

 

HELP SAVE WHAT'S LEFT OF  FLORIDA...
LET THE PEOPLE VOTE to control growth! 

 

Help put HOMETOWN DEMOCRACY on the 2008 ballot

Please download and SIGN THE PETITION 

http://www.FloridaHometownDemocracy.com

PO Box 636, New Smyrna Beach, FL 32170-0636. 

                                                          ___________**____________

 

 

 

 

 

 

                                                                  ____________**_________________

 

 

  • 07 May 07 Your Legislature at work.........you win some, you lose some


Crist agenda takes a hit 

 

Smiles aside, several of the governor's opening initiatives were ignored or slashed

                                                                                                                              photo

.TALLAHASSEE - Ever the optimist, Gov. Charlie Crist never misses a chance to praise legislators for "incredible" work.

He did it when they passed an "antimurder" bill, a new teacher bonus program and paper trails in elections. Even when they stumbled over property taxes, Crist gave them an A for effort.  But in the session that ended Friday, legislators didn't always return the compliments.

Despite Crist's 77 percent approval rating and an uncommon goodwill throughout the Capitol, lawmakers rejected or watered down several Crist initiatives and reduced or rejected money for others. 

To be sure, Crist got much of what he requested, including an insurance rate freeze extension, a 6.5 percent school spending hike, restoration projects for rivers, the Everglades and Lake Okeechobee and more money to lure businesses to Florida.

But Crist's sunny optimism can't hide the fact that several of his priorities were rejected by his fellow Republicans.

They included a stockpile of antiviral flu drugs, stem cell research grants, mandatory civics education in public schools and
across-the-board pay raises for state employees.

When Crist demanded action, such as cracking down on probation violators or requiring paper trails, he often got results. When he took a low-key, deferential approach, lawmakers sometimes reacted with
indifference. But Crist doesn't mind.

"I respect their right to do it. If I got offended by everybody not doing exactly what I want to do, I wouldn't be a very fun guy," Crist said. "I'm not the king. I'm just the governor."

Crist counts as a major victory the mandate for paper-trail voting equipment to replace touch screens. But lawmakers refused to ante up the money, so federal funds will be used.

"He had a rough session, " said Rep. Jack Seiler, a Fort Lauderdale Democrat and a Crist admirer. "But I don't think that was his fault."

Seiler said parts of Crist's centrist agenda faced resistance from conservative Republicans or from House staffers who had strong ideological ties with former Gov. Jeb Bush.

One such example is Crist's request for $20-million for medical research using adult stem cells, or other stem cells that wouldn't require destroying a human embryo.

Although Crist's call for the funding was hailed across the ideological spectrum as a sensible way to move forward on stem cell research, the House stripped out any money for such projects.

No governor ever gets everything he seeks. But Crist's predecessor, Jeb Bush, practically wrote the script in his first legislative
session in 1999, easily winning $1-billion in tax cuts, a grading system for public schools and the nation's first statewide school voucher program.

The times were different. Bush had just wrested control of the Governor's Mansion after eight years of Democratic rule and he enjoyed delving into the deepest details of policy. As the years went by,  Republicans chafed at what they felt was Bush's heavy-handed style in  dealing with the Legislature.

Crist is well-liked by lawmakers, but after the Bush years they seem eager to reassert their independence from the executive branch.

"The Legislature was beaten up by Jeb Bush in a lot of ways, " said lobbyist Ron Book. "But Charlie Crist will get plenty of what he wants and he'll get what he needs."

Lawmakers blamed the trimming of Crist's budget priorities on tight fiscal times caused by a slide in tax collections, not any
philosophical disagreements.

"When you have a billion dollars less after the governor puts his budget out, that has an effect on a lot of initiatives," said Senate President Ken Pruitt, R-Port St. Lucie.

Lawmakers still found hundreds of millions of dollars for projects in their hometowns, largely one-time expenditures for parks, water systems, courthouse renovations and anticrime programs. They paid for them using one-time money, which is largely not allowed for continuing programs. They also socked away more than $1-billion in the state's rainy day fund.

An unusual set of political dynamics resulted in Democrats praising Crist's priorities, and criticizing Crist's fellow Republicans for falling short, as in the case of providing bonuses for state workers but no raises.

"If he Crist could factor it into his budget, we could have factored it into ours, instead of giving state employees what's left over," said Rep. Curtis Richardson, D-Tallahassee, who represents tens of
thousands of state workers.

A few of Crist's forceful policy pronouncements became faint echoes as the 2007 session drew to a close Friday.

For example, in his inaugural address on Jan. 2, Crist listed as a priority "quality, affordable, accessible health care" for all
Floridians. A bill that would have expanded access to KidCare, a federally subsidized health insurance program for children, failed when the Senate refused to consider it in the session's final days.

Health care advocates said Crist could have used his bully pulpit to get the bill passed. On May 1, he sent a one-sentence letter to Pruitt that said: "I respectively request your assistance in placing the following bill on the Senate Calendar for consideration."

The Senate did nothing.

What others call lobbying, Crist calls "encouragement," which raises a question: Is Crist so polite that lawmakers aren't afraid to say no to him, and should he be more forceful?

"I don't think the word 'forceful' could be used for Charlie Crist," Pruitt said. "He's genuinely the nicest guy I've ever met."

The governor acknowledged that his manner of dealing with lawmakers was more deferential than Bush. Crist said his legislative lobbyists and Lt. Gov. Jeff Kottkamp, a former House member, worked feverishly behind the scenes to advance his agenda, largely with successful results.

"There's a different style, no question about it," Crist said. "And I think, I hope, that we have communicated effectively on the things that are important on behalf of the people."

Steve Bousquet can be reached at bousquet@sptimes.com or (850) 224-7263.



WHAT THE GOVERNOR GOT

The "antimurder" bill: It automatically puts probation violators in jail.  Citizens Property Insurance: Premium rate freeze is extended until 2009 and homeowners can switch to Citizens for lower rates more easily.

Paper-trail voting: Will now be statewide as 15 counties using touch screen systems get new machines (paid for by the feds because the Legislature wouldn't.

Teacher bonuses: Bonuses for top performance, but not tied to student test scores (with about half the money Crist wanted in the program).


WHAT HE DIDN'T GET


Stem cell research: Crist requested $20-million. Legislature appropriated nothing.

Antiviral flu drugs: Crist requested $37-million. Legislature appropriated nothing.

Civics education: Crist requested $8-million. Legislature appropriated nothing.

Reading coaches: Crist requested $26-million for 400 more coaches.  Legislature spent $5-million for 80 coaches.

Tax break: Crist requested a 0.25 percent cut in the tax on cable TV and cell phones. Legislature did not pass it.

State employees: Crist requested a 2.44 percent across-the-board pay increase. Legislature approved $1,000 one-time bonuses.

Property tax reform: Crist demanded "significant and immediate" tax relief. The Legislature failed to reach agreement and called a special session for next month.

 

   A more complet list follows below:

 

 

 STEVE BOUSQUET, St. Petersburg Times


                                                                                ____________**____________

 

More complete list:
2007 Legislative session: Passed and failed

By the St Petersburg Times staff
Published May 6, 2007

Each year, the St. Petersburg Times compiles a list of notable bills
considered during the Florida legislative session and which ones
passed or failed. Those that passed will go to the governor to be
signed into law, vetoed, or allowed to become law without his
signature. Many of those that failed will be back next year.

PASSED BILLS

Budget, taxes

State budget: A $71.9-billion budget, supported in part by an
additional $545-million in local property taxes paid by homeowners and
business owners.

Tax breaks: Exempts hurricane preparedness items such as flashlights
and weather radios from sales tax, June 1-12. Exempts back-to-school
supplies from sales tax, Aug. 4-13.
State investments: Requires state retirement funds to divest from
companies doing business in Sudan's or Iran's energy sector.

Education

Differential tuition: Allows University of Florida, Florida State
University and University of South Florida to charge incoming
undergrads up to 40 percent more than the base tuition of the 11
public universities.

Physical education: Requires 30 minutes of physical education each day
in Grades K-5.

Steroids: Creates a one-year pilot program to randomly test high
school athletes in football, baseball and wrestling for anabolic
steroids.

Teacher pay: Replaces controversial STAR plan with a $147.5-million
merit pay plan for instructors and administrators, based on student
performance and teacher evaluations.

The family

Adoption: Creates Office of Adoption and Child Protection to promote
adoption and prevent child abuse; increases subsidies for families
adopting foster children.

Children's Cabinet: Creates a 15-member cabinet to coordinate programs
and funding for children's services.

Claims

Boot camp death: Pays $4.8-million to the family of Martin Lee
Anderson, the 14-year-old who died after a rough encounter with guards
at Bay County boot camp in 2006.

Surgical negligence: Pays Minouche Noel, 19, and her family
$8.5-million for botched back surgery when she was an infant.

Crime and punishment

Antimurder: Requires immediate incarceration and hearings for
probation violators and stiffer penalties for violations for certain
felons.

Juvenile sex offenders: Protects teens involved in consensual
relationship cases from new federal requirements that juvenile sex
offenders register on databases. The offender could not be more than
four years older than the sexual partner. The partner would have to be
at least 14 years old.

Online crimes: Requires sex offenders to register home and e-mail
addresses and increases penalties for cyber-crimes against children.

Sex offenders: Driver's licenses and ID cards issued to sexual
offenders and predators will bear markings to show their criminal
history as part of the Jessica Lunsford Act. Clarifies fingerprinting
and background check requirements for school contractors.

Sex offense victims: Requires a victim advocate be present at the
request of a victim, and prohibits law enforcement from requiring the
victim to take a polygraph test. Requires that accused sex offenders
take an HIV test within 48 hours of a court order requested by the
victim or victim's family.

Gambling

Instant bingo: Allows veterans groups and charities that hold bingo
games to also sell lottery-like instant bingo tickets.

More slots: Expands hours of operation and number of slot machines at
parimutuel facilities in Broward County, the only place where they are
allowed in Florida outside American Indian reservations.

Elections and politics

Paper trail: Requires verifiable paper trail in elections.

Presidential primary: Moves Florida's next primary to Jan. 29, 2008.

Resign-to-run: Allows officeholders to run for any federal office
without leaving current job.

Signature revocation: Voters who sign ballot initiative petitions have
150 days to revoke signatures.

Petitions: Allows businesses to prohibit citizen petition drives on
their property.

Insurance

Citizens Property Insurance Corp.: Freezes the state-run insurer's
rates until 2009 and lowers the entry threshold so more homeowners can
move to Citizens for lower premiums.

Hurricane shutters: Homes insured at a value of $750, 000 located in
wind debris zones, including all of Pinellas County, must get shutters
or impact-resistant windows to have a Citizens policy or to pull a
building permit for $50,000 worth of work next year.

Insurance glitches: Weakens 90-day pay requirement in current law,
allowing insurers to pay only a "portion" of a claim and removes
consumers' ability to sue if they don't get paid. Limits consumer
advocate insurance report cards to residential property insurers,
excluding condo and commercial policies.

DUI auto insurance: Requires those who plead guilty or no contest to
driving under the influence to carry bodily injury auto insurance
coverage.

Consumers

Cable TV: Creates statewide franchising of cable TV and makes it
easier for phone firms to compete with cable. Allows cable companies
to break local contracts and apply through state.

Lifeline enrollment: Allows easier enrollments of low-income customers
in the telephone bill discount program.

Gift certificates: Eliminates expiration dates and dormancy fees for
some gift cards sold in Florida .

Rental agreements: Increases fees to renters who break their leases.

Environment, growth

Energy: Creates Energy Policy Task Force, increases sales tax
exemptions for ethanol fuel and biodiesel distribution, establishes
incentives for selling biofuel, requires state buildings to meet
certain energy-efficient standards.

Growth management: Allows larger counties and cities to participate in
pilot program that allows expedited, limited state review of land use
changes.

Pets: Allow state wildlife officials to require people with non-native
reptiles, such as pythons, to pay up to $100 for a license.

Transportation

Designated driver: Prohibits bars from requiring people to buy drinks
if they are designated drivers.

Private toll roads: Allows private companies to lease Florida's toll
roads and increase tolls with inflation.

Specialty tags: Creates license plates including "Support Our Troops,
 "Trees Are Cool, " "Pro