Event:Brevard Charter Review Commission 2022-06-23
Brevard Charter Review Commission2021-2022 Charter Review Commission to Examine Home Rule Charter
The Brevard County Home Rule Charter requires that every six years, a Charter Review Commission be appointed for the purposes of reviewing the existing Charter. The Charter Review Commission is made up of 15 members, three appointees from each of the Brevard County Commissioners to represent their Commission Districts. The Commission has elected Mr. Mike Haridopolos as the Chair.
The Charter Review Commission is scheduled to meet on a regular basis until its sunset date of August 12, 2022.
If any individual, group, or organization has a desire to comment on the Charter or offer any amendments, you may appear before the Charter Review Commission during Public Comment at any of the scheduled meetings.
Download: Charter Review Commission Meeting Agenda for June 23, 2022
Proposal 6 - Right to Clean Water Amendment
The June 23rd Brevard County Charter Review Commission meeting agenda includes consideration of Proposal 6 - Right to Clean Water.
"Clean water means waters that are free of further governmental harm. The intent of this Section is to achieve waters that are safe for fish and native wildlife and human recreation and, for public drinking water sources, for human consumption; that have sufficient habitats, water filtering, and nutrient cycling to support thriving populations and diverse communities of native fish and wildlife; that have natural flow regimes, to include recharging groundwater, as possible; and that have other intact ecological processes and functions that support healthy aquatic ecosystems, as pertinent to the waters at issue."
Right to Clean Water Executive Summary
Brevard County residents and organizations respectfully request members of the Charter Review Commission (CRC) to consider amending the charter to ensure present and future generations are able to protect themselves and their interests from harm. The “Right to Clean Water” proposal creates a local cause of action for equitable (declaratory or injunctive) relief, which may include a “polluter pays” form of restorative relief. As the proposal’s ultimate design will depend on the will of the CRC members and public comments, Attachment 1 is provided as a skeletal framework. Attachment 2 provides the legal basis and argument that the County has the authority to enact this measure and that state preemption language found in Fla. Stat. 403.412 (9)(a) does not apply.
This proposal starts off with the premise: Brevard County has the power and duty to protect itself and its residents, businesses, visitors and economy from legalized harm.
Legalized harm is caused by the action or inaction of federal and state governments, be it erratic definitions of health, harm, public interest, various scientific standards or environmental impact considerations or requirements; poor staffing, budgeting or resourcing decisions; substandard design or enforcement of basin management action plans or nutrient load limits; continued permitting of substandard or inappropriately located onsite septic systems; inappropriate use of fertilizers, herbicides; etc. Waters such as the Indian River Lagoon have suffered from and continue to be impacted by substandard but legal government harm. Missing from the current system is the ability to effectively challenge such continued or planned harm. We believe it is the people’s inherent right to question and stop such practices to better protect themselves, their families, their businesses, and their communities.
The problem isn’t a lack of strong environmental laws in Florida, nor is it due to a string of illegal pollution. The problem *set* is systemic and more like death by 1,000 papercuts, which is comprehensively difficult and expensive to remedy for large water bodies such as the Indian River Lagoon, much less to fully restore. To make sense of our hundreds-of-millions of taxpayer dollar investment, we must be able to establish a stopgap – a “do no (more) harm” mandate, and allow individuals, businesses and nonprofits to engage in the litigation to arrive at a better system. Courts will rule in equity, considering what’s possible, what harm is preventable, and declare certain actions or policies of inaction to be in violation of the Right to Clean Water. Courts may award declaratory or injunctive relief, to either prevent harm or, if sufficient evidence is presented, to restore waters to their condition just before the harm occurred. Outside of attorney’s fees and court costs (which can be awarded to prevailing plaintiffs), any money that changes hands will be applied (earmarked) directly to the restoration of waters. Courts have the power to ensure government agencies do what the law says they should do.
A no-cost, apolitical solution to restore ecological balance for all to enjoy is a win-win opportunity. The only opponents to such a measure will be those who benefit and wish to continue to benefit from exacting harm on Brevard’s shared natural resources under the current system, and their banner will likely point to some property rights fear. This proposal only strikes at legalized “rights” to pollute or otherwise irresponsibly degrade waters, infringing on the rights and substantial interests of everyone else. This proposal provides Brevard County a way to pivot back to good while balancing all competing interests through courts of equity, justice and fairness.
Please consider this proposal and the hope it may bring those living, working and playing in Brevard County. It presents a chance for our leaders to show all other communities and states that it’s possible to have a thriving economy AND a thriving ecology, balanced for present and future generations, due to a small systemic tweak to establish and ensure a Right to Clean Water.
Download: Brevard County Charter Review Proposal 6 - Right to Clean Water
Brevard Environmentalists Support Right to Clean Water Charter Amendment
"Hi Partners,
On Thursday June 23rd at 3 pm the Brevard Charter Review will decide if ‘’The Right to Clean Water’’ will go forward as an Amendment to ballot in November.
The “Right to Clean Water” passed in Orange County with 89% voting in the affirmative. There is also a State Petition that can be found online.
The IRL Roundtable has taken this forward, and we desperately need your support either by attendance at the meeting next Thursday, or by emailing the Charter Commission.
This is common sense, no brainer, whose time has come for the people to demand at the Ballot Box, asking for action to prevent water pollution that threatens ourselves and our wildlife.
Cheerio,
Please view:
- Support Right to Clean Water - Brevard environmentalists call for action in support of the Right to Clean Water Charter Amendment.
- Right to Clean Water City of Titusville Charter Amendment - Speak Up Titusville's Michael Myjak encourages Brevard citizens to support the Right to Clean Water Amendment to the Brevard County and City of Titusville Charters.
Citizens who can not attend the 3pm meeting in person may send their comments via email.
2021-2022 Brevard Charter Review Commission Contact List
Sample Email:
Brevard County residents and organizations respectfully request members of the Charter Review Commission (CRC) to consider amending the charter to ensure present and future generations are able to protect themselves and their interests from harm. The “Right to Clean Water” proposal creates a local cause of action for equitable (declaratory or injunctive) relief, which may include a “polluter pays” form of restorative relief. As the proposal’s ultimate design will depend on the will of the CRC members and public comments, The Florida constitution provides the legal basis and argument that the County has the authority to enact this measure and that state preemption language found in Fla. Stat. 403.412 (9)(a) does not apply.
