L&L Content Creation

by: Abby Duke

Floridians are pushing for fundamental rights to clean and healthy waters as the supposed FL RTCW act is pushed to the 2026 ballot.

Florida’s water quality has long been a concern, grappling with issues such as pollution, algae blooms, red tide, and other contaminants affecting both residents and wildlife. The citizen-initiated Florida’s Right to Clean Water Act (FL RTCW) emerged intending to place a constitutional amendment for the “fundamental” right to clean and healthy waters on the 2024 ballot. Despite significant efforts, they fell short of the nearly 900,000 validated signatures required for ballot placement before February 21.

Now organizers are redirecting their focus towards the 2026 ballot, as reported by the Bradenton Times. FL RTCW defines the ballot initiative as granting “an enforceable, fundamental right to clean and healthy waters…when a State executive agency…allows harm or threat of harm to Florida water.” The primary objective of this initiative is to empower Floridians to hold their government accountable regarding the state’s waters.

The genesis of this legislative endeavor dates to 2020 when 89 percent of Orange County citizens approved the Rights of Nature and Right to Clean Water Charter amendment, granting rights to local waters and asserting citizens’ right to clean water. However, the legislature intervened, revoking these rights.

This breach of state governance took away the authority of local governments to pass laws giving rights to nature and laws giving citizens any rights to any aspect of the natural world, according to Joseph Bonasia, the chair of the Florida Rights of Nature Network and lead of the petition campaign for FL RTCW. 

“Ignoring the will and clear mandate of the people and disregarding home rule principles…Legislators were more interested in protecting special interests than in protecting Florida waters and the health, safety, and welfare of citizens,” Bonasia said in his commentary for The Invading Sea.

This overreach of state governance prompted citizens to amend the state constitution to allow legal tools to provide adequate protection of their waters. The Right to Clean Water Act has since emerged as a response to the mounting environmental challenges facing Florida’s diverse ecosystems.

Vast networks of lakes, springs, and coastal areas are under surmounting pressure as legislators are continuing to forgo protective laws for water advocacy. Florida’s water resources play a pivotal role in supporting both its ecosystems and economy, including tourism, agriculture, and recreational activities.

FL RTCW did not qualify for the 2024 ballot, receiving around 85,000 to 88,000 petitions for the act. However, they are still in action as they get the word out on Florida’s right to clean water in hopes of garnering more support from local governments and individuals to qualify for the 2026 ballot.

The wording of the FL RTCW act establishes clean water as a fundamental right that cannot be revoked, as it is self-executing and does not require additional legislation for implementation. Although, the process of gaining approval for the amendment requires concerted effort.

With over 600 Right to Clean Water ambassadors, along with support from over 200 organizations and businesses, and the backing of several local governments, they continue to advocate for the right to clean water. As they prepare for the 2026 ballot, FL RTCW will enlist professional campaign services and fundraising consultants to enhance their outreach efforts.

The Bradenton Times staff report highlighted Florida leaders including U.S. Representative Brian Mast, Florida Representatives Anna Eskamani and Lindsay Cross, and experienced clean water advocates like Gil Smart and Blair Wickstrom among others have joined in the support for the right to clean and healthy waters.

Bonasia emphasizes that the battle for clean water is a clash between Floridians and the political interests favoring pollution industries, as evidenced by the state government’s bias towards such. However, undeniable issues are affecting Florida’s waterways.

Florida’s waters are facing severe decline as The Invading Sea reports 80 percent of the approximate 1,000 springs are impaired due to excessive nitrogen, along with almost a million acres of estuaries and 9,000 miles of rivers and streams contaminated with fecal bacteria.

Even with Article II, Section 7 of this Constitution and State environmental laws and regulations set in place, the proposed amendment addresses the continued decline in the condition of Florida waters.

The establishment of an environmental regulatory framework to protect both Floridians and Florida waters is crucial. FL RTCW’s ultimate goal is to secure a constitutional, fundamental right to clean and healthy water. Those inclined to support the initiative can visit FloridaRightToCleanWater.org to sign and mail the petition.

Sources:

CONSTITUTIONAL AMENDMENT FULL TEXT Initiative Information Date Approved________04/22/2022_________ Serial Number______22-02.

Killer, Ed. “Let’s Put Florida’s Right to Clean Water in the State Constitution | Column.” Tampa Bay Times, 20 Mar. 2023, http://www.tampabay.com/opinion/2023/03/20/lets-put-floridas-right-clean-water-state-constitution-column/. Accessed 4 Apr. 2024.

Killer, Ed. “Let’s Put Florida’s Right to Clean Water in the State Constitution | Column.” Tampa Bay Times, 20 Mar. 2023, http://www.tampabay.com/opinion/2023/03/20/lets-put-floridas-right-clean-water-state-constitution-column/. Accessed 4 Apr. 2024.

“Right to Clean Water Movement Falls Short of Required Petition Signatures.” The Bradenton Times, 5 Dec. 2023, thebradentontimes.com/stories/right-to-clean-water-movement-falls-short-of-required-petition-signatures,64460.

“Sign Petition | Florida Right to Clean Water.” FL RTCW, http://www.floridarighttocleanwater.org/.

“Backers of Right to Clean Water Amendment Seeking to Qualify for Florida’s 2024 Ballot.” WUSF, 8 Oct. 2023, http://www.wusf.org/environment/2023-10-08/backers-of-right-to-clean-water-amendment-seeking-to-qualify-for-floridas-2024-ballot. Accessed 4 Apr. 2024.