Monday, March 05, 2012

Here’s one way to win your court case in Florida: change the laws in your favor. By Geniusofdespair

Lobbyists' current vogue in Tallahassee: Make the legislature quickly enact a law to help along your client's issue that is in litigation, before the Court makes a decision. As reported in a Miami Herald Sunday ("Legislature Proves Friendlier Than Courts"):

"During this year’s legislative session in Tallahassee, litigants from large corporations to local governments are pushing changes to state laws that would give them an automatic trump card in pending lawsuits.

Florida’s Constitution, which mandates a separation of powers between the judicial and legislative branches, frowns upon using the lawmaking process to preempt active legal cases. But lawmakers have ignored several warnings from state analysts pointing out unconstitutional proposals, and the litigation-tinged measures have sailed through the chambers with little debate."

One measure that's rolling through the legislature and wasn't even mentioned in this Herald report but has significant impacts, both locally and statewide:

Miami Rep. Lopez-Cantera's bill to affect the ongoing Port of Miami “Deep Dredge” case brought by environmental groups and Fisher Island residents. That case has an August hearing date but the bill seeks to speed things up even more and could curtail the rights of citizens challenging port dredge projects statewide.

The statewide implications were reported by Bruce Ritchie in The Florida Current.

Final votes in the Florida House and Senate on the Lopez-Cantera bill are set for as early as this morning.

Contact Lopez-Cantera (850) 488-4202 and tell him to withdraw his amendment. That is, if he cares about following the Florida Constitution and all that jazz.

2 comments:

Anonymous said...

This is truly a broken system, when there is no shame in abusing legislative powers to benefit special interests. Thank goodness for term limits.

Anonymous said...

Every legislator should be made to watch the new video produced by the Biscayne Bay Waterkeeper to let the world know what is happening here in Miami:
See it:

Battled for the Bay:
http://www.youtube.com/watch?v=w5AwlaZixKU&sns=fb

Lopez-Cantera and Miami Dade Mayor Carlos Gimenez just don't understand what the Port of Miami lawsuit is about - it's about protecting and preserving Biscayne Bay and making sure the Port of Miami and Miami Dade County do the right things to protect the bay and Miami Beach. The FDEP permit to the Army Corps for this dredge project is inadequate - done on the cheap to get this done fast and inexpensively but at great cost to the environment. That's why the environment groups are appealing the permit.

The same issues will play out in Florida rivers, bays and marine habitats wherever a big port wants to deep dredge and this bill will make it very hard to protect those natural resources.