Living to Litigate: Environmentalists Go to Court over Amendment 1

Environmentalists who sanctioned a conservation amendment with broad-enough ballot language to win 60 percent of the Florida vote, now are asking the court to narrow the amendment's meaning for the purpose they actually intended.

At least, that's how lawmakers have cast it.

The Florida Wildlife Federation, St. Johns Riverkeeper, Sierra Club and Environmental Confederation of Southwest Florida represented by Earthjustice filed a lawsuit in Leon County Circuit Court Friday against Senate President Andy Gardiner, House Speaker Steve Crisafulli and Chief Financial Officer Jeff Atwater.

The groups cast the lawsuit differently. They claim the Legislature "defied" a constitutional mandate to spend more money on land. Their lawsuit contends Atwater should move $237 million from a state general-revenue surplus into the "land acquisition trust fund" -- that's the proceeds of revenue used to carry out Amendment 1, passed last November.

Amendment 1 requires spending a portion of a state real-estate tax on land and water conservation. 

The four environmental groups allege the budget approved in June improperly diverts portions of the conservation money to inappropriate expenses such as staffing. Not true, say lawmakers.

"The Legislature owes the people of the state of Florida a duty to honor and effectuate the intent of the voters in the use of the funds placed in trust under this constitutional amendment,'' according to the lawsuit, filed by the litigator of the four, Earthjustice. "Instead, the Legislature violated its duty, violated the Constitution and violated the trust to which the voters dedicated these funds when it wrongfully diverted at least $237 million in trust funds to pay for general state expenses not allowable under the amendment."

"Here's a lawsuit going nowhere fast," one legislator told Sunshine State News. "But they gotta try, these environmentalists. That's what they do -- raise money to pay lawyers. In this case, they wrote ballot language to get votes out of North Florida, which they did, but now they're saying, 'No, everybody knows what Amendment 1 really meant.' "