Question 1

Why does Florida need a Right to Clean and Healthy Waters?

Accepted Answer

There are at least a dozen reasons why our system of laws has failed.(https://drive.google.com/file/d/1cs411-K59pFTCRlSyjC9G1Bp3cWgmPNR/view?usp=share_link)

Listen also to the experienced, insightful Voices of Florida,(https://www.floridarighttocleanwater.org/uniteforcleanwater) united in the position that what we've been doing isn't working.  Florida needs this constitutional amendment.

It has become clear that the current system of water protection is inadequate. The state executive branch is not enforcing clean water legislation (https://peer.org/report-2022-florida-enforcement-report/)according to environmental laws, legislative intent and constitutional policy.  (Link goes to a Public Employees for Environmental Responsibility report on Florida's enforcement.)

The proof of dysfunction frequently makes national news, with routine harmful algal blooms, fish and wildlife mortality events and public notices of pathogenic or toxic contamination of our waters.  It’s not okay.  People suffer, wildlife suffers, property values suffer, businesses suffer, communities suffer.  Waiting for political solutions in a system that appears to favor pollution industries (financing those politics) – seems to be a fool’s game.  We need a clear, simple, legal solution to restore the necessary checks and balances for such a critical necessity to all lives and liberty interests – clean water.

Question 2

What does the amendment do?

Accepted Answer

Here's the ballot summary:

"This amendment creates an enforceable, fundamental right to clean and healthy waters, authorizing a person to sue for equitable relief when a State executive agency, by action or inaction, allows harm or threat of harm to Florida waters. This amendment provides for strict judicial scrutiny of such action or inaction; adds to available remedies; identifies affected
constitutional provisions; provides for enforcement; defines terms; and requires attorney’s fees and costs to prevailing plaintiffs."

The full text provides in further detail what certain terms mean, through definitions and examples, and how enforcement works.  If you have any questions after reviewing the full text of the proposed amendment,(https://www.floridarighttocleanwater.org/_files/ugd/d9c45c_ba764e4a69fc4d5faae45a333d4ed291.pdf) please contact us by emailing admin@floridarighttocleanwater.org. (admin@floridarighttocleanwater.org.)

In simpler terms, however, it empowers Floridians to better hold their government accountable when it comes to Florida waters.

Question 3

How does this affect me?

Accepted Answer

This constitutional amendment protects your fundamental right to clean and healthy waters, so however that may affect you – from the safety of your drinking water supply, to being able to walk along your favorite shoreline without harmful algal bloom toxins in the air -- this amendment empowers Floridians to protect themselves, their families, their communities and future generations from unnecessary, government-permitted harm.

Question 4

Will this raise my taxes?

Accepted Answer

No.  The top functional reason is Florida's current surplus of revenue, which can easily be allocated appropriately to fix the state water protection / management system without raising taxes.  Here's a previous announcement (https://www.flgov.com/2022/07/07/governor-ron-desantis-announces-record-surplus-for-fiscal-year-2021-22/)of a nearly $22 Billion surplus.  Water and wastewater infrastructure is a basic "must" and should have received priority maintenance / improvements for decades instead of being neglected.  Such a correction is based on the state's preexisting duty, is within the wheelhouse, and would go a long way to mitigating current (continuing) sources of pollution...esp. for the expected uptick in population growth.
The main *legal* reasons include:  1) The Florida Constitution prevents a state income tax and otherwise protects taxpayers from having the state impose NEW taxes or RAISE them.  2) As you may know, there was a 2018 constitutional amendment that now requires a 2/3 supermajority vote in order to increase any state tax or fee.  That would be difficult to do, and highly unlikely.
An important consideration in the big picture is that Florida substantially depends on a healthy tourism industry, which helps make up for the lack of an income tax.  As you may also know, Florida's tourism depends heavily on clean water, so we're right back where we started.

We can't afford to not have clean water.  We're currently wasting hundreds-of-millions of taxpayer dollars nearly every year, cleaning up and restoring impaired waters where the pollution was preventable.

Question 5

Who can sue?

Accepted Answer

Any “person” can sue, which includes “any individual, partnership, joint venture, corporation; any group of the foregoing to include nonprofit organizations; any tribal entity; or any government entity.”

Question 6

Who can be sued?

Accepted Answer

A “state executive agency” includes “the Governor; the Cabinet and members of the Cabinet; each State executive officer and State executive department, and each State executive departmental unit described in Section 20.04, Florida Statutes; the Fish and Wildlife Conservation Commission; each water management district; and each officer and governmental entity of the executive branch having statewide jurisdiction or jurisdiction in more than one county.”

Question 7

What type of harm is prohibited?

Accepted Answer

Generally speaking, harm includes water pollution and anything that disrupts the water’s natural flow or ecological systems.

“Harm” as it’s defined in the amendment means “the introduction of pathogens, contaminants, or toxins into waters or the disruption of natural hydrological or ecological processes or functions of waters. This term includes but is not limited to such chemical, biological, or physical stressors to waters that contribute to unnatural water levels or nutrient loads; that remove, fragment, or degrade habitat of native fish or wildlife; that disturb vegetation or soil near the edge of waters; that introduce exotic or invasive species; that obstruct or divert natural flow; that overexploit native species; and that negatively affect the health of humans or of native fish or wildlife.”

Question 8

Which waters will be protected?

Accepted Answer

“Waters” as defined in the amendment refers to “the aquatic ecosystems of aquifers, bays, creeks, estuaries, estuarine systems, lagoons, lakes, rivers, riverine systems, springs, streams, wetlands, intracoastal and coastal waters within the boundaries of the State of Florida and shall include the natural tributaries and artificial waterways which impact these water bodies. This term shall include fresh, brackish, saline, tidal, surface, ground and underground water associated with these water bodies.”

Question 9

How do we know the state legislature or governor won’t undermine the will of the voters for this initiative like they did others?

Accepted Answer

This amendment is specifically drafted to be self-executing, which means it does not need further legislation to implement it or enable its intended effects.  Likewise, drafters paid intricate attention and researched bodies of law relevant to how every word could be interpreted by courts.  Will this prevent attempts to block or undermine it?  No.  We expect well-resourced opposition will do what it possibly can to impede this from taking effect, but we have to trust in the courts to abide by notions of truth, the public interest and the very purpose and principles of good government and constitutional law.  We don’t expect it to be easy.

Question 10

How can I learn more about the amendment?

Accepted Answer

We are happy to answer questions by email (admin@floridarighttocleanwater.org)(mailto:admin@floridarighttocleanwater.org) or schedule an informational session with you or your organization, at your convenience.

Florida NEEDS the right to clean & healthy waters

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