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| A simple, no-cost solution for the Lagoon Allies for the Indian River Lagoon, As you may have heard, the Brevard Charter Review Commission (CRC) has in front of them a proposal to amend our charter with the Right to Clean Water. Mike Myjak will happily answer any questions you may have, to include scheduling a Zoom or in-person meeting as you’d like. He also has the legal wording that supports this amendment. Quite simply, this amendment is to create an enforceable right that is already within the power of local governments, sidestepping state preemption and restating the preexisting power of mandamus for government accountability. Once you feel comfortable with it, able to see its direct and tangible benefit to the Lagoon and its surrounding economies, with no cost of implementation, no worry of personal liability, we hope you’re able to reach out to the CRC members (and Board of County Commissioners if you’d like) to ask for their serious consideration. They CRC will next on Thursday, May 12th, so we hope that between now and then, they will each receive a compelling amount of correspondence from pillars of the community such as yourselves, in favor of moving the proposal forward to the ballot later this year. Thank you for your time and attention on this critical matter, at this vital window of opportunity. ___________________ Example Email Text 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. Recommended insertion in Article 5 of the Brevard County Charter, “Powers Reserved to the People,” Section 5.7 – Right to Clean Water 5.7.1. To protect substantial individual, group, economic, and environmental interests, residents that live in and governmental and nongovernmental organizations that operate in Brevard County have the right to clean water against any form of governmental harm and to seek enforcement and equitable relief from a violation of this right in a court of competent jurisdiction. Attorney’s fees and costs of litigation shall be awarded to prevailing plaintiffs. |
The next date the Brevard County Charter Review Commission will meet is Thursday, June 23 at 3:00 PM at Viera Government Center Building C.