SUGAR, POLITICS, AND THE DESTRUCTION OF FLORIDA'S NATURAL

RESOURCES: THE PROBLEM WITH CONSTITUTIONAL AMENDMENTS

Jaclyn Blair*

I. INTRODUCTION

"Unless someone like you cares a whole awful lot, nothing is going toget better. It's not. "

Water pollution has officially become too severe to ignore inmany parts of Florida.2 Numerous algae blooms, which are formed frompolluted waters, were found a few years ago in the Indian River Lagoonand caused the death of hundreds of marine animals including pelicans,dolphins, and manatees.3 Recently, the Lagoon suffered an incredibleloss of "thousands of fish encompassing 30 or more species," leavingfish carcasses all the way from Titusville to Melbourne due to anotherstrain of algae blooms.4 Regardless, the Florida Legislature still refusesto dedicate necessary funds for cleanup projects even after a supermajority of Florida residents voted to constitutionally dedicate fundstowards cleanup efforts under the Florida Water and Land ConservationInitiative (2014) ("Amendment 1,).5 While Tallahassee continues toaccept campaign contributions from the very industry that is destroyingFlorida's natural resources, the world's only everglades and the state'sfresh water supply is being destroyed.

Jaclyn Blair, Candidate for J.D. 2017, Florida Coastal School of Law.

DR. SUESs, THE LORAx 4 (1971).2 Zac Anderson, 'Crisis mode' on Florida's environment, HERALD-TRIBUNE (Feb. 17,2014), http://politics.heraldtribune.com/2014/02/17/crisis-mode-on-floridas-environment/.

' Dinah Voyles Pulver, Algae that contributed to the deaths of manatees, dolphinsand pelicans are back, DAYTONA BEACH NEWS-JOURNAL (Mar. 21, 2016), http://www.news-journalonline.com/news/20160319/algae-that-contributed-to-the-deaths-of-manatees-dolphins-and-pelicans-are-back.

' Jim Waymer, What we know about the Indian River Lagoon fish kill, FLA. TODAY(Mar. 23, 2016), http://www.floridatoday.com/story/news/locat/environment/2016/03/23/what-we-know-and-dont-know-fish-kill/82163574/.5 See infra Part IV.

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Part II of this Article provides background into the destruction ofthe Everglades, the contamination of Lake Okeechobee, and thepollution of South Florida's estuaries, all in the name of Big Sugar.6 it

also addresses what steps must be taken in order to clean up thepollution from the agricultural runoffs and the impending safety issue of

Lake Okeechobee's old and brittle dike.7 Part III looks at how the voters

of Florida tried to take the cleanup process into their own hands byintroducing Amendment 1 to the ballot by a citizen initiative.' This

ballot initiative dedicates funds for purchasing land to build reservoirsand for assisting in the cleanup of existing pollution.9 Part IV discussesthe policy reasons given by the State legislature for denying the funds to

protect Florida's water resources, even after it was passed as aconstitutional amendment.10 It also addresses the current lawsuit that ispending in the Florida court system." Part V evaluates the campaign

contributions being donated to Florida legislators from Big Sugar.'2

Finally, Part VI concludes with what Florida can do going forward andevaluates a rigged system.13

II. How IT ALL BEGAN

"When you concentrate on agriculture and industry and are frugal inexpenditures, Heaven cannot impoverish your state. "14

In the late 1800s, developers tried desperately to find a way todrain the Everglades because they saw it as "utterly worthless" and as ahindrance to progress.'5 Many thought draining the Everglades was an

6 See infra Part II.7 See infra Part II.

See infra Part III.See infra Part VI.

10 See infra Part IV.

" See infra Part IV.

12 See infra Part V.

13 See inf-a Part VI.

14 PATRICK TIERNAN, LEADER'S GUIDE FOR PRIMARY SOURCE READINGS IN WORLD

RELIGIONS 48 (St. Mary's Press 2009) (citing PATRICIA BUCKLEY EBREY, CHINESE

CIVILIZATION: A SOURCEBOOK 24 (New York: The Free Press, 2d ed. 1993)).

" MICHAEL GRUNWALD, THE SWAMP: THE EVERGLADES, FLORIDA, & THE POLITICS

OF PARADISE 59 (2006).

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impossible task.16 It was not until 1904, when Napoleon BonaparteBroward was elected Florida governor, that the actual draining became areality.17 Broward involved the federal government in the drainageefforts by promising that once they were drained, "the Everglades wouldbe a prime area for sugarcane cultivation, an activity that 'would be ofuntold value to the state."'18 He felt this project could ultimately freethe country from dependence on foreign sugar and even stimulate theeconomy.19 The federal government decided to assist with the projectand instructed the Army Corps of Engineers ("Army Corps") to buildcanals, pumps, and drainage systems to create the EvergladesAgricultural Area ("EAA"). 20 The Army Corps created the EAA byturning the "worthless" swampland into 700,000 acres of "premiersugar-producing" land, lying on the south end of Lake Okeechobee.2 1

By 1929, the EAA, or the "Nation's Sugar Bowl," officially opened forbusiness.22

The first one to invest in the area was Charles Stewart Mott, thevice president of General Motors.2 3 Mott claimed that his ancestorsfrom centuries ago were farmers, which led to his desire to continue hisheritage and to purchase land in the little town of Clewiston, Florida.2 4

Mott's company, U.S. Sugar Corp. ("U.S. Sugar"), profited for decadeson sugar production, but his business remained fairly small scale untilthe Cuban Revolution in 1959.25 Florida and Cuba sugar producers werecompeting for decades, which was one of the reasons the EAA was so

16 Id. at 110.' Grunwald, supra note 15, at 129-30.I Katherine Mohr, How Sweet it Isn't: Big Sugar's Power Politics and the Fate ofthe Florida Everglades, 7 FLA. A&M U. L. REv. 329, 334 (2012) (quoting GAIL M.HOLLANDER, RAISING CANE IN THE GLADES: GLOBAL SUGAR TRADE AND THETRANSFORMATION OF FLORIDA 2, 66 (2008))." Grunwald, supra note 15, at 138.20 Hollander, supra note 18, at 6-7.21 Id.22 Id. at 174-75.23 Our History, U.S. SUGAR, http://www.ussugar.com/history/ (last visited Sept. 25,2016).24 Id.25 Id.

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important to this country.2 6 Many believed that sugar was a nationalsecurity issue because the United States relied so heavily on importing itfrom Cuba.27 Florida sugar proponents promoted U.S. Sugar as beinggood for national security and for the economy as a whole.2 8 However,based on the high demand of the sweetener, the United States was neverable to release itself from the need to import Cuban sugar, until therevolution.29 The revolution put an embargo in place, which brought allimports to a halt.3 0 As a result, there was an immediate need to fill thevoid.3 1 Mott took advantage of the embargo by expanding U.S. Sugarand opening a second facility.32 Other investors also took note of thepotential around Lake Okeechobee in the EAA area, including theCuban-exiled sugar magnates, the Fanjuls.3 3 Alfonso Fanjul Sr.purchased 4,000 acres of land around the lake and started his business allover again on U.S. soil, creating Florida Crystals.34

By the 1980s, Florida became the largest sugar producer in thecountry.35 Today, Florida designates over 400,000 acres of land for

growing sugarcane,36 with "[c]ash receipts ... exceed[ing] $800 millionper year over the last decade" from the crop.3 7 Needless to say, creating

26 Hollander, supra note 18, at 38.27 Id.28 Id.29 Oscar A. Echevarria, Cuba and the International Sugar Market, in 5 CUBA IN

TRANSITION 364 (1995).30 Id.3' Id.32 U.S. Sugar, supra note 23.

33 Id.34 Florida Crystals, Inc., COMPANY HiST., http://www.company-histories.com/Florida

-Crystals-Inc-Company-History.html (last visited Sept. 25, 2016).

3 Industry experience and comprehensive financial solutions enable sugar farmer

and processor to capitalize on its sweet spot, WELLS FARGO, http://wholesalebanking.wf.com/cmbg-story-us-sugar (last visited Sept. 25, 2016).36 See generally L.E. BAUCUM, ET AL., UNIV. OF FLA. IFAS EXTENSION, AN

OVERVIEW OF FLORIDA SUGARCANE (July 2002), http://hendry.ifas.ufl.edu/pdfs/overview of florida-sugarcane.pdf (discussing that there has been a decline in Florida

sugarcane production from 454,000 acres in the 2000-01 crop year to 400,000 acres in

the 2008-09 crop year).31 FRITZ M. ROKA, ET AL., UNIV. OF FLA. IFAS EXTENSION, COSTS AND RETURNS FOR

SUGARCANE PRODUCTION SOILS IN SOUTHERN FLORIDA 2008-09 1 (Mar. 2010), http://

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the EAA and allowing the sugar industry to take root in Southern Floridawas a huge success for Florida agricultural interests and for theeconomy. However, it did not come without consequences.

Seventy percent of the fresh water stream originally feeding intothe Everglades was diverted to the EAA for agricultural purposes.38 Thesmall amount of water that was still feeding into the Everglades wasriddled with fertilizer and other harmful chemicals from agriculturalrunoff.3 9 Because of this, the Everglades did not have enough water forsustainability and started dying.4 0 Wading bird populations decreasedbetween ninety to ninety-five percent, the Everglades as a wholedecreased by fifty percent, and the area was invaded by exotic species.4 1

In 1988, the federal government stepped in and sued the South FloridaWater Management District for contamination of a national wildliferefuge and national park.4 2 After years of litigation, the State finallysettled and began an effort to restore the Everglades.4 3 The EvergladesForever Act was passed, which included important restoration effortssuch as "new taxes and regulatory requirements on the agricultural areasupstream of the Everglades" and "the construction of six wetlands,known as Stormwater Treatment Areas, to filter agricultural runoffbefore it flowed into the Everglades."44

The Everglades is not the only natural resource being harmed bychemical runoff. Lake Okeechobee also receives polluted water fromthe farms' drainage canals.4 5 While it is necessary for farms to have a

ufdcimages.uflib.ufl.edu/IR/00/00/34/18/00001/SCO8800.pdf.38 Hollander supra note 18, at 144-50.3 Id.40 Alfred R. Light, Ecosystem Management in the Everglades, 14 NAT. RESOURCES &ENv'T. 166, 167 (2000).41 John J. Fumero & Keith W. Rizzardi, The Everglades Ecosystem: FromEngineering to Litigation to Consensus-Based Restoration, 13 ST. THOMAS L. REV.667, 671-72 (2001).42 Complaint, United States v. S. Fla. Water Mgmt. Dist., 847 F. Supp. 1567 (S.D.Fla. 1992) (No. 88-1886).43 Keith Rizzardi, Translating Science into Law: Phosphorus Standards in theEverglades, 17 J. LAND USE & ENVTL. L. 149, 151 (2001).44 Id. at 153; FLA. STAT. § 373.4592(4) (2015).45 See Fishermen Against the Destruction of the Env't., Inc. v. Closter Farms, Inc.,300 F.3d 1294, 1297 (11th Cir. 2002).

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drainage system so that the land will not be submerged under water, thepolluted water is harmful to the life that lives in the lake.46 In fact,reports show that aquatic life in Lake Okeechobee declined by forty-fivepercent between August 2015 and August 2016.47 This has significantlyaffected the sport fishing industry in the area, which was known for itsprized bass.48 There is a bigger problem, however. Due to the constantdrainage from farms and the heavy rainfall in the area, Lake Okeechobeeis constantly at its capacity.49 In order to prevent the lake from spillingover and breaking the eighty-year-old earthen dike, the Army Corpsdecided to release billions of gallons of this polluted lake water into theconnected estuaries.50 This polluted water, when released, flows east outof the lake down the St. Lucie River Estuary into the Indian RiverLagoon and eventually to the Atlantic Ocean and west out of the lakedown the Caloosahatchee River Estuary and into the Gulf of Mexico.5 1

These estuaries "depend on a naturally calibrated balance of saltand fresh water," and this overflow is detrimental to them.52 Estuariesare crucial to the ecosystem because they are a breeding ground formarine life.53 After the release of Lake Okeechobee's polluted waters,manatees, shellfish, and sea grass-which help sustain the estuaries-were badly harmed.54 More detrimentally, algae blooms developed andquickly spread.5 During the daylight "algae produce oxygen throughphotosynthesis," which replenishes the oxygen in the water.56 However,at night the blooms consume the water's oxygen.57 When there are

46 Id. at 1296.47 Andy Reid, Dry weather turns Lake Okeechobee from flooding threat to water

supply backup, SUN SENTINAL (Nov. 25, 2016), http://www.sun-sentinel.com/local/paIm-beach/fl-lake-okeechobee-conditions-20161125-story.html.48 Lizette Alvarez, In South Florida, a Polluted Bubble Ready to Burst, N.Y. TIMES

(Sept. 8, 2013), http://www.nytimes.com/2013/09/09/us/lake-okeechobee-in-florida-a-polluted-bubble-ready-to-burst.html?pagewanted=all& r-2.49 Id.5o Id.5 Id.

52 Id.53 Id.

54 Id.

55 Id.56 Waymer, supra note 4.57 Id.

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several blooms in the water it can severely limit the amount of oxygenthat is left for all the marine life and ultimately kill them.58

Additionally, there are some kinds of algae that release deadly toxinsinto the water and some kinds that will even clog fish gills. 5 9

The pollution was so bad that on February 26, 2016, the governordeclared a state of emergency for the communities suffering from thepollution, stating "extensive environmental harm" and "severe economiclosses."6 0 People in these communities reported "dead sea life, unfitwater conditions for swimming and fishing, and a rank smell."6 1

However, businesses never received any help despite the state ofemergency.6 2 This incident was compared to the Flint, Michigan, watercrisis, and proponents for the Everglades even published anadvertisement in the New York Times that specifically called out U.S.Sugar for the pollution.6 3

The pollution being emitted into the oceans from LakeOkeechobee is also having a harsh impact on Florida's tourismindustry.6 4 Small fishing businesses are struggling, with one ownerclaiming that there has been a fifty percent decline in his bait and tackleshop business.6 5 Other businesses report that the dead sea animals arehaving an impact on their customers.6 6 People are unable to goswimming, fishing, or boating due to the "black curtain. "67 Thenickname "black curtain" was coined because one side of the oceanappears perfectly clear while the other side is dark, almost like a "curtainwas pulled on the waterway."6 8 Natural resources are so important to

58 Id.59 Id.

I David Guest, South Florida's Tourist Season from Hell, EARTHJUSTICE (Mar. 2,2016), http://earthjustice.org/blog/2016-february/south-florida-s-tourist-season-from-hell.61 Id.62 Id.63 Id.

6 Id.65 Id.

6 Id.67 Id.68 Id.

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Florida because they "attract more than $67 billion in tourism andrecreational spending each year."69 Another $4.3 billion is added to thestate's economy from the fishing industry alone.70

Communities caused so much uproar over the slow degradationof their estuaries that the governor tried to step in and do somethingabout it.7 1 Governor Rick Scott in 2013 proposed two different projectstotaling $130 million. 72 A law was passed requiring water flowing intothe Everglades to be "filtered and treated," unlike the estuaries, so hisfirst proposal was to allow some of the Lake Okeechobee water to becleaned and then to flow south into the Everglades, instead of divertingit-unfiltered-east and west into the estuaries.73 The second projectproposed was additional spending on cleanup efforts in the St. LucieRiver Basin before releasing water into the river.74

While these are definitely steps forward, $130 million is just adrop in the bucket compared to what is actually required to cleanFlorida's fresh water sources. According to the Stockholm EnvironmentInstitute, which is based at Tufts University, the "algae and red tideoutbreaks caused by water pollution cost Floridians between $1.3 billionand $10.5 billion each year."75

Cleanup efforts are needed to address Florida's current situation;however, the State should also be coming up with ideas to be moreproactive and not reactive. As such, the single most important issue thatmust be addressed is the frail dike that currently surrounds LakeOkeechobee.76 This dike at any moment could break, posing a "graveand imminent danger."77 The dike was built in the 1920s after

69 Report Finds Water Pollution in Florida Costs Up to $10.5 Billion, Annually,

EARTHJUSTICE (Nov. 27, 2012), http://earthjustice.org/news/press/2012/report-finds-

water-pollution-in-florida-costs-up-to-10-5-billion-annually [hereinafter Report Finds

Water].70 Id.1 Alvarez, supra note 48.

72 Id.

73 Id.

74 Id.

* Report Finds Water, supra note 69.76 See Alvarez, supra note 48.

77 Id.

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hurricanes caused Lake Okeechobee to spill into the surrounding area,killing 2,500 people.7 8 However, it was built using the soil, so it hasslowly started deteriorating over the years, even sprouting leaks.79 Somebelieve that the next time a massive hurricane hits Southern Florida, thedike will break and water will spill into the homes and farmssurrounding the area, killing possibly more people than the 1920sincident.80 As one director from the South Florida Water ManagementDistrict stated, "All it will take is one tropical storm to put us in amassive crisis mode."81

Unfortunately, there is a holdup with fixing the dike, and onceagain, it all has to do with money.82 The Governor blames the federalgovernment for refusing to pay for some of the costs, whileenvironmentalists blame the Governor and the legislature for severelycutting the budget of the South Florida Water Management District,which directly oversees Florida's water flow. 83 In fact, according to theGovernor's proposed budget reductions in 2014, $10.4 million in totalwas proposed to be cut from the Florida Fish and Wildlife Commission,which included approximately $600,000 or 16% from the LakeOkeechobee restoration budget, $854,000 or 100% in manateerehabilitation funds, and $839,000 or 50% from the algae bloomprogram.84

No matter what course of action is taken to prevent anotherspillage of the lake and to help protect the estuaries, it is going to taketime and money. While nothing can be done about time, there issomething that can be done about money. And that is exactly whythousands of local Floridians decided to take matters into their ownhands.

78 Id.7 Id.

8o See id.81 Id.82 See id.83 Id.I See generally FLA. FISH & WILDLIFE CONSERVATION COMM'N, POTENTIALREDUCTIONS FOR THE 2014 LEGISLATIVE SESSION SCHEDULE VIIIB (Sept. 2013),http://myfwc.com/media/2623704/9B1 a-PotentialBudgetReductions.pdf (identifyingpotential budget reductions according to department).

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III. AMENDMENT 1

"Democracy must be something more than two wolves and a sheepvoting on what to have for dinner. "85

Having difficulty getting the necessary funds from the stategovernment, environmentalists discussed a constitutional amendment.86

There are actually five different ways a constitutional amendment canget on the Florida ballot.87 "Per section 1 [of article IX]," the Statelegislature can "put a proposed amendment on the ballot if 60% or moreof the legislators in each chamber agree to do so in a joint resolution."88Section 2 outlines the Constitutional Revision Commission ("CRC"),which "convenes every 20 years for the purpose of reviewing Florida'sConstitution and proposing changes for voter consideration. "89 The nextCRC is scheduled to meet in 2017.90 Section 3 allows amendment bycitizen initiative, which requires enough signatures to equal "8 percentof the total number of votes cast in the last presidential election."91

Section 4 is by a constitutional convention, which requires proponents to"collect signatures equal to 15 percent of the total" number of votes castin the last presidential election.92 Finally, section 6 establishes theTaxation and Budget Reform Commission, "which may place proposedamendments on the ballot if 18 of its 25 members approve."93

85 JAMES BOvARD, LOST RIGHTS: THE DESTRUCTION OF AMERICAN LIBERTY 333 (St.

Martin's Griffin 1995).86 See generally Tom Hudson, Amendment 1: The Price to Protect Florida's Land &Water, WLRN PUB. RADIO & TELEVISION (Oct. 27, 2014), http://wlrn.org/post/amendment-1-price-protect-floridas-land-water (explaining that after the economy stabilizedin Florida, state officials and environmentalists discussed the constitutionalamendment).87 Amending Florida Constitution, FLA. TAXWATCH (Sept. 2014), http://www.floridataxwatch.org/resources/pdf/Const Amends.pdf.8 How is the Florida Constitution Amended?, LEAGUE WOMEN VOTERS OKALOOSA

CNTY., http://www.lwvokaloosa.org/AmendingFLConst.html (last visited Apr. 25,2016) (hereinafter "League Women Voters Okaloosa Cnty").89 Id.

90 Id.

91 Laws governing the initiative process in Florida, BALLOTPEDIA, https://ballotpedia.

org/LawsgovemingtheinitiativeprocessinFlorida (last visited Apr. 25, 2016).92 Id.

1 League Women Voters Okaloosa Cnty., supra note 88.

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The citizen initiative is not an easy task-it is difficult, costly,and time-consuming.9 4 But it is a tool being used more and more byvoters out of sheer frustration with their representatives.9 5 However,many say this process is clogging up the state constitution.9 6 There haveeven been proposals to "clean up" the constitution by taking out anystatutory-type provisions.9 7 To put it into perspective, the U.S.Constitution is 8,700 words, while the Florida Constitution is eighty-seven pages and still growing.98 Some-mostly representatives-saythe amendments that go into the state constitution should be moreselective, while others say that it is a "people's document ... and if theLegislature ignores the people, they have the right to act."99 Ironically,from 1978 until now, the legislature passed sixty-one of the 101 totalamendments.100 Only twenty-seven have actually come from a citizeninitiative. 01

Environmentalists ultimately decided that the best course ofaction was to create a citizen initiative by proposing a ballot initiativethat would constitutionally set aside funds to purchase additional landfor reservoirs and to help restore and manage lands already under thestate's control.102 This initiative could help prevent future water crisesthat are already plaguing cities across the country such as Toledo, Ohio,where residents were told "not to drink, boil or bathe in [the] watersupply" due to an algae bloom outbreak in Lake Erie.10 3 Passing aconstitutional amendment would mean that lawmakers would not be ableto cut funding for these preservation programs during tough economic

94 Paula Dockery, Why you should care about Florida's Constitution RevisionCommission, THE TAMPA TRIBUNE (Jan. 7, 2016), http://www.tbo.convIist/news-columns/why-you-should-care-about-floridas-constitution-revision-commission-20160107/.95 Id.

96 Id.

97 Gary Blankenship, Senator Wants to Clean up Florida Constitution, FLA. BARNEWS (Feb. 1, 2005), http://www.floridabar.org/divcom/jn/jnnews01.nsf/8c9fl3012b96736985256aa900624829/fd33d5d4df8c9clb85256f95004e655flOpenDocument.9' Dockery, supra note 94.

99 Id.100 Id.

101 Id.102 Hudson, supra note 86.103 Id.

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times-a lesson many should take from the Flint, Michigan, water crisis.

Though not an easy feat, all required 683,149 signatures werecollected and Amendment 1 was officially added to the November 4,2014, Florida state election ballot.104 The official ballot summary forAmendment 1 stated that this initiative would:

acquire, restore, improve, and manage conservation landsincluding wetlands and forests; fish and wildlife habitat;lands protecting water resources and drinking watersources, including the Everglades, and the water qualityof rivers, lakes, and streams; beaches and shores; outdoorrecreational lands; working farms and ranches; andhistoric or geologic sites, by dedicating 33 percent of netrevenues from the existing excise tax on documents for20 years.'05

The "excise tax on documents" is money that comes from thereal estate documentary stamp tax, which was previously dedicated toaffordable housing, economic development, transportation, andenvironmental uses.10 6 When the housing market crashed, Florida setaside a large portion of that money for "general purposes."'0 7 Now thatthe economy is doing better and the state budget has grown, the fundinghas been restored to its previous designation.'08 Amendment 1 requeststhat thirty-three percent of these funds be constitutionally dedicated tothe Land Acquisition Trust Fund.109

While supporters say that this amount is trivial to the entirepicture or "less than one percent of the state's budget," opponents saythat the money should not be constitutionally designated towardsenvironmental programs because programs such as affordable housing,which come from the same fund, could very well go without." 0 While

104 BALLOTPEDIA, supra note 91.os Id.

106 Hudson, supra note 86.107 Id.08 Id.

109 Id.

110 Id.

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housing advocates do not necessarily oppose environmental funding,they feel that the State legislature should ultimately decide the budget,not the constitution. 1"' David Hart, executive vice president ofgovernmental affairs for the Florida Chamber of Commerce, noted thatAmendment 1 could start a bad precedent because it would "tie thehands of legislatures during tight economic times," making them unableto effectively balance the budget each year.1 1 2

The initiative went to the November 2014 election ballot and wasapproved by a whopping super majority of seventy-five percent.1 13 Itwas clear that Florida residents wanted to do everything they could toprotect their natural resources. Thirty-three percent of the excise taxamounted to more than $700 million a year, so it was a huge victory forenvironmentalists.114 Little did they know, the debate was far from over.

IV. THE COMPLEX STATE CONSTITUTION

"I expect the Legislature to fight at every possible front, and our hope isthat justice will be done and the will of the people ofFlorida will

prevail."s115

Florida is not the only state that has introduced bills related toconstitutional spending. There were three budget amendments proposedin Minnesota that wanted to limit the state's ability to raise taxes and torestrict lawmakers from using available resources."6 Many opposedstated the amendments would create unintended consequences, such as"government shutdowns, gridlock and budget gimmicks; increased cost-shifting to local government and pressure on property taxes; moreimpediments to tax reform; and further risks to the state's credit

" Id.112 Id.

1" David Fleshler, Amendment I fight to continue in court, elections, SUN SENTINEL(Sept. 14, 2015, 5:38 PM), http://www.sun-sentinel.com/news/florida/fl-amendment-1-update-20150914-story.html.114 Id.115 Id.

116 See Opposing Constitutional Amendments that Put Minnesota's Future at Risk,MINN. BUDGET PROJECT, http://www.mnbudgetproject.org/current-agenda/constitutional-amendments (last visited Dec. 28, 2016).

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rating." 1 17 None of the amendments passed.18 North Carolinaintroduced legislation that would dictate spending and cap taxes.1 19

Opponents said allowing the constitution to do this "would bedevastating for [the] state's ability to invest in schools, heath, economicdevelopment and other critical public structures."12 0 This amendmentalso did not pass.12 1

The Florida Legislature felt similarly to Minnesota and NorthCarolina, and even though the constitution now mandates thirty-threepercent of the real estate stamp tax to be put into the Land AcquisitionTrust Fund, they refused to do so.1 2 2 The State legislature instead votedthemselves to use the money "for routine expenses, such as salaries,vehicles and insurance in agencies involved in land management,"acting as if the ballot initiative never happened.12 3 It seems that theydecided the "power of the purse" is stronger than a citizen initiative.

Upset with such a blatant disregard for the voice of Floridaresidents, four environmental groups filed a lawsuit against thegovernment.12 4 The lawsuit says that the legislature "violated its duty,violated the [c]onstitution and violated the trust to which the votersdedicated these funds when it wrongfully diverted at least $237 millionin trust funds to pay for general state expenses not allowable under theamendment."l25 After a $400 million tax cut was approved as well, theamount left to acquire new lands was minimal.126 The lawsuit seeksdeclaratory relief and asks the court to find that the legislature violated

117 Id.

118 Id.'19 Colin Campbell, NC Senate looks to amend constitution to cap taxes, spending,NEWS & OBSERVER (Aug. 6, 2015, 3:30 PM), http://www.newsobserver.com/news/politics-government/state-politics/article303233 88.html.120 Id.121 Proposed Income Tax Cap Fails to Pass, NFIB (July 19, 2016), http://www.n

fib.com/content/news/north-carolina/proposed-income-tax-cap-fails-to-pass-74693/.122 Fleshler, supra note 113.123 Id.124 Id.125 Id.126 Complaint at 3, Fla. Wildlife Fed'n, Inc., et al., v. Andy Gardner, et al., No. 15-

1423 (Fla. Cir. Ct. 2015).

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the Florida Constitution by misappropriating Amendment 1 funds.127 inresponse, the legislature asked for a dismissal stating that "while theenvironmental groups may 'dislike and disagree with the [1]egislature'sspending decisions,' that does not mean that a judge should violate theseparation of powers by stepping in and telling the [l]egislature how todo its job."l 2 8 Environmentalists do not believe this is a separation ofpowers issue because the constitution binds everyone, including thelegislature.12 9 In addition, it is the duty of the courts to interpret thelaws, so the courts are not telling the legislature how to "spend theirmoney."1 3 0 Ultimately, the courts will have to determine if thegovernment is bound by the laws under the constitution, which is thetrue entity telling them how to spend their money.

The defining issue in this case all comes down to this: DoesAmendment 1 really belong in the Florida Constitution? Floridians aregiven more rights than any other state to propose amendment changes tothe state constitution.' 3 ' However, there really are no restrictions onwhat can and cannot be voted on.13 2 Spending is a statutory amendmentthat is typically made through the legislature, but the constitutioncurrently has several statutory-type provisions within its pages.'3 3

Senator Blankenship tried a decade ago to clean up all the statutoryprovisions in the Florida Constitution, but we have yet to see that happenbecause many believe "cleaning up" the constitution would bitterlydivide the legislature and the people of Florida.'3 4 The reason so manycitizen initiatives have been appearing on ballots is the simple fact thatpeople do not trust their representatives.1 35 Instead of allowing them topass laws on issues that represent their constituents, representatives arebeing told explicitly what to do by citizen initiative.13 6 A suggestion bythe League of Women Voters was "to allow citizens to propose statutory

127 Id.128 Fleshler, supra note 113.129 Id.130 See Complaint, supra note 126, at 7.13' League Women Voters Okaloosa Cnty., supra note 88.132 See id.

133 See Blankenship, supra note 97.134 Id.135 Id.136 Id.

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changes by initiative instead of just constitutional changes."1 37

However, some were cautious about that route because California usesthat system and believes that it "works poorly and burdens the state withunnecessary, unrealistic, and sometimes, conflicting mandates."l38

This case could be a turning point in how constitutionalamendments are handled in the State of Florida. If the court decides thatthe legislature is bound by the amendment, then Florida will have themonetary resources to not only help clean the estuaries but also to buildreservoirs for Lake Okeechobee's overflow. If the court decides thatthere is a separation of powers issue, then there will likely be nospending provision proposals going forward. However, there are otherspending provisions in the constitution, such as the Everglades TrustFund, which has not caused the same backlash.139 This begs thequestion, other than a separation of powers argument, is there a biggerreason why the elected officials of the Florida Legislature refuse toadhere to Amendment 1?

V. SUGAR SWEETENS POLITICS

"Fire must be fought with fire, and sugar has been entangled withpolitics from the time of the first Napoleon down to the present day. "140

Environmentalists have another theory. They believe thisobstruction of justice comes from one major player: U.S. Sugar.'4 1

When Amendment 1 was placed on the ballot, different environmentalgroups, including the University of Florida, conducted scientific studiesand identified certain areas south of Lake Okeechobee that would be"crucial in helping clean the Everglades."1 42 The university concludedthat obtaining the land occupied by U.S. Sugar would be critical in the

137 Id.138 Id.139 See FLA. CONST. art. X sec. 17.140 Charles A. Crampton, The opportunity of the sugar cane industry, 168 N. AM. R.

276, 282 (1899).141 Michael Van Sickler, As U.S. Sugar flexes muscle, Amendment 1 supporters fret

about less money for land purchases, TAMPA BAY TIMES (Apr. 24, 2015, 6:27 PM),http://www.tampabay.com/news/politics/legislature/as-us-sugar-flexes-muscle-amendment-1 -supporters-fret-about-less-money-for/2226965.142 Id.

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cleanup effort. 14 3 The Senate agreed to the purchase of U.S. Sugar'sland, which was slated to be used as a reservoir to catch the pollutedwater coming from Lake Okeechobee and then filtered before it wasallowed to flow back into the Everglades.14 4 However, U.S. Sugarsuddenly had other plans for this 46,000 acre parcel of land: theywanted to "develop 18,000 homes and 25 million square feet of stores,offices, warehouses[,] and other commercial buildings."l45 It seems thatU.S. Sugar did not realize the economic possibilities of the land when itagreed to sell it to the state. If the land was purchased by the State forconservation, the development project would no longer be an option.14 6

However, if lawmakers were able to bypass this state purchaseopportunity, U.S. Sugar would have another shot at developing thisland.14 7 So U.S. Sugar began lobbying hard to prevent the purchase ofthe land, which they originally agreed to sell at fair market value in20 10.148 They pumped over $550,000 into several 2016 campaigns forboth Democrats and Republicans.149 They also contributed $25,000 tothe two budget chiefs' political action committees, who each had a directsay on the land purchase.15 0

Originally, the Senate agreed to the purchase of this land butchanged their position to oppose the acquisition.' 5' The budget chief forthe Senate, Tom Lee, said, "There is a belief that acquiring land in thismoment in history is probably not the best bang-for-the-buck."1 5 2 Healso said that the government should not "go out in the first year of(Amendment 1) and blow a bunch of money and throw in a bunch ofprojects without going through a process that identifies the bestscientific use of these limited resources." 5 3 The ironic part is that therewas not an overwhelming opposition to this purchase until U.S. Sugar

143 Id.

14 Id.145 Id.146 Id.147 Id.148 Id.149 Id.150 Id.151 Id.152 Id.153 Id.

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began donating hundreds of thousands of dollars to campaign funds.154

Ultimately, they got their wish, and the purchase option was taken offthe table."'

Even though the government tried to buy the land of U.S. Sugar,not Florida Crystals, the Fanjuls still donated a lot of money to thecampaign funds themselves.156 According to the Center for ResponsivePolitics, since 2004 the Fanjul family donated almost $4 million tocandidates, political parties, and political action committees.157 Thereasoning? "[I]f government built wetland marshes using U.S. Sugarlands to store and cleanse filthy agricultural waters, then the state wouldbe a step closer to key parcels owned by the Fanjuls in the [EAA]."At the same time, the Fanjuls are trying to push through zoning changesthat will allow for new developments in the EAA, such as ports.159 Dothey really care about ports? Probably not. They just need to ensurefrom every direction that their land will not be acquired for cleanuppurposes.160 During the 2016 presidential election cycle, the Fanjulsassisted with getting Marco Rubio a nomination seat.1 6 1 When askedabout his involvement with Big Sugar, Rubio used the same tag line thatwas adopted by sugar proponents in the mid-1900s prior to the CubanRevolution, "sugar subsidies are a matter of national security." 62

Recently, a professor of medicine discovered that the sugarindustry not only influenced political campaigns but even influencedmedical journals.163 Uncovered internal documents from the 1960s

154 Id.155 Dr. Thomas Van Lent, An Update on Water Storage, EVERGLADES FOUND. (Mar.

16, 2016), http://www.evergladesfoundation.org/2016/03/16/an-update-on-water-storage/.156 Dexter Filkins, Swamped, NEW YORKER (Jan. 4, 2016), http://www.newyorker.co

m/magazine/2016/01/04/swamped-the-political-scene-dexter-filkins.157 Id.18 Alan Farago, Big Sugar, Marco Rubio and Florida's Water Crisis, HUFFINGTON

POST (Feb. 16, 2016), http://www.huffingtonpost.com/alan-farago/big-sugar-marco-rubio-and b 9242854.html.I59 Id.160 See id.161 Id.162 Id.163 Anahad O'Connor, How the Sugar Industry Shifted Blame to Fat, N.Y. TIMES

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showed that three Harvard researchers were paid the equivalent of$49,000 today to publish an article about sugar, fat, and heart disease.16The Sugar Research Foundation paid the researchers to write an articlethat "minimized the link between sugar and heart health," casting theblame instead on saturated fat. 165 This article influenced thegovernment's dietary recommendations for decades, "which emphasizedsaturated fat as a driver of heart disease while largely characterizingsugar as empty calories . . . ." 66

Since the 1960s, the "academic conflict-of-interest rules" havechanged significantly, but the discovery of these papers is a reminder of"why research should be supported by public funding rather thandepending on industry funding."l 67 The same should go for campaigncontributions. In a society where there is no limit to campaignfinancing, it is almost impossible to disassociate big business withpolitics. Unfortunately, the representatives of Florida have fallen intothis sweet, sticky trap.

VI. LOOKING FORWARD

"My message to families being impacted is that we will not give up onyou. "168

Here is the overwhelming problem facing Florida today: LakeOkeechobee's dike is not large enough nor strong enough to hold theexcess water from hurricanes and rainstorms in addition to the chemicalrunoff from all the agricultural businesses surrounding the lake.169 Assuch, the Army Corps has been releasing this toxic water into theestuaries that flow east and west and eventually into the ocean.170 Thisrelease is causing algae blooms in the fragile estuaries, killing native

(Sept. 12, 2016),http://www.nytimes.com/2016/09/13/well/eat/how-the-sugar-industry-shifted-blame-to-fat.html.16 Id.165 Id.

166 Id.

167 Id.16' Alvarez, supra note 48.169 Id.170 Id.

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species and harming Floridians' way of life.17 '

In an effort to prevent this, the citizens put Amendment 1 on theballot to designate money specifically to purchase lands to buildreservoirs and for assistance with cleanup efforts.'72 It even passed byan extraordinary super majority of seventy-five percent.17 3 However, theState legislature refuses to abide by the new constitutional amendmentand argues that the courts cannot enforce the amendment because itwould be a separation of powers violation. 7 4 However, it is clear thatthe representatives refusing to assist with the acquisition of these landsare bought by Big Sugar.17 5

So what needs to be done? Well, first and foremost, animmediate solution to the state's water crisis needs to be found becauseit may take years before the courts decide the outcome of Amendment 1.Luckily, there may actually be a light at the end of that tunnel. Theincoming Senate President, Joe Negron, announced in August 2016 thathe was going to find a way to purchase the necessary land south of LakeOkeechobee.176 Negron proposed to purchase one of two different60,000-acre parcels of land in the EAA. 177 One is "owned 60 percent byFlorida Crystals, 30 percent by U.S. Sugar and 10 percent by other land-owners, including the state."178 The other parcel is "owned 60 percentby Florida Crystals, 30 percent by King Ranch and 10 percent fromother landowners."l79 Florida Crystals said that they would be"reviewing the details of the plan."' If this purchase actually happensit could be the immediate need Florida is looking for, and it is the closest

171 Id.172 Raillan Brooks, Florida's Got a New Constitutional Amendment for Conservation.What Now?, AUDUBON (Nov. 5, 2014), http://www.audubon.org/news /floridas-got-new-constitutional-amendment-conservation-what-now...3 Fleshler, supra note 113.174 Id."' See Filkins, supra note 156.

76 Mary Ellen Klas, Top lawmaker calls for buying up sugar land to cleanEverglades, MIAMI HERALD (Aug. 9, 2016), http://www.miamiherald.com/news/local/environment/article94667592.html.1n Id.178 Id.

1' Id.180 Id.

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thing to a solution thus far. However, if Big Sugar agrees to sell theirland, it is going to come with a hefty price tag. 8 1

Secondly, the CRC should address the state's issue withconstitutional amendments. Senator Blankenship had the right idea overa decade ago when he suggested that the constitution should be "cleanedup" and that all statutory-type amendments should be removed.182

However, the State of Florida cannot just eliminate constitutionalprovisions that were voted on without having a separate outlet for themto exist as binding law. In a world where voters already distrust theirrepresentatives, this would cause even more animosity with Tallahassee.But something has to be done because current constitutionalprovisions-such as Amendment 1-are not even being followed.

It has been suggested that the State adopt a similar amendmentprocess to California where statutory provisions are put on the ballot, notjust constitutional amendments.183 If this were the current law inFlorida, there would not be a pending lawsuit because there would be no"separation of powers" issue. Laws such as Amendment I should bemade through statutory provisions. If a spending provision is passed byconstitutional amendment and results in a negative consequence, theonly way to fix the amendment is through another amendment. It iseasier for legislators to repeal or amend a statutory law than to fix theproblem. The Florida Constitution is supposed to be the supreme law ofthe state, establishing fundamental rights and guidelines for thegovernment. There really is no place for statutory-type amendments.The distinction between the two was best stated in an Advisory Opinionto the Attorney General:

The legal principles in the state constitutioncommand a higher status than any other legal rules in oursociety. By transcending time and changing politicalmores, the constitution is a document that providesstability in the law and society's consensus on general,

8 Jenny Staletovich, Big sugar land buy for Everglades restoration hits road block,MIAMI HERALD (Apr. 9, 2015), http://www.miamiherald.com/news/local/environment/article 17992718.html.182 Blankenship, supra note 97..83 See id.

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fundamental values. Statutory law, on the other hand,provides a set of legal rules that are specific, easilyamended, and adaptable to the political, economic, andsocial changes of our society.1 84

As such, the CRC should examine this issue and consider arevision that would add a statutory initiative procedure.

Lastly, the CRC should not propose a repeal to Amendment 1.The CRC, just like everything else involved with government, is apolitical group.'1 It is made up of thirty-seven people who areappointed by five different leaders within the State of Florida.186 it

sounds pretty bipartisan until you analyze who appoints therepresentatives. Fifteen are appointed by the Governor, who isRepublican; nine are appointed by the Speaker of the House, who isRepublican; nine are appointed by the President of the Senate, who isRepublican; three are appointed by the Chief Justice of the FloridaSupreme Court, who was selected by a Republican governor; andfinally, one is the Attorney General of Florida herself, who is aRepublican.187 Amendment 1 has not been favored by many Republicanleaders. The CRC would be the perfect opportunity to suggest a repeal,but the issue should be left in the hands of the court.

Environmentalists hope that the court will sort out the issue intheir favor and require the funds to be designated. However, if this casemakes it to the Florida Supreme Court, which it has a chance of doing,there is another conflict. The current Florida Supreme Court ChiefJustice, Jorge Labarga, has close ties to the sugar industry. He was bornin Cuba but grew up in the Lake Okeechobee agricultural area. 188 The

" Advisory Op. To Att'y Gen. re: Limited Marine Net Fishing, 620 So. 2d 997, 1000(Fla. 1993) (McDonald, J., concurring).185 THE FLA. LAW RELATED EDUC. Ass'N, INC., FLORIDA CONSTITUTION REVISION

COMMIssION 2017-2018 A CITIZEN'S GUIDE (n.d.), https://www.floridabar.org/TFB/TFBResources.nsf/Attachments/63B2C10BA3C2F5D885257EEB006523CE/$FILE/ADA%20-%20Florida%20Constitution%20Revision%20Commission%20-%20brochure.pdfPOpenElenent.186 Id.187 Id.

188 Jan Pudlow, Jorge Labarga: ChiefJustice of the Florida Supreme Court, FLA. B.(Sept./Oct. 2014), http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/Articles/

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Fanjul family hired his father after they fled from Cuba, and he workedin the sugar mill as Justice Labarga grew up.189 It seems that everyavenue Amendment 1 tries to take leads straight to a pile of sugar.

No matter what side of the aisle you are on, Florida's waterresources affect everybody. It is time to put the necessary money intosaving our water supply and not into the hands of our politicians.

F577A456B99C813E85257D42004BF2E8.189 Id

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