Amendment 1 lawsuit alleging misuse of Florida conservation funds headed to trial

Ali Schmitz | Treasure Coast Newspapers

Show Caption Hide Caption Video: Is the environment better off since Amendment 1? Despite mandate to boost environmental spending, some programs didn't benefit. ISADORA RANGEL/TCPALM.COM

With a pretrial hearing scheduled Friday, multi-year lawsuit against the Florida Legislature over environmental funding appears headed to trial in July.

Several environmental groups claim the Legislature and three state agencies are misusing funds generated by a constitutional amendment approved overwhelmingly by voters to acquire conservation land.

A Tallahassee judge is scheduled to expected to hear arguments Friday to settle parts, but not all of the lawsuit.

The trial is scheduled to begin July 23.

Plaintiffs include the Sierra Club and the Florida Wildlife Federation. Defendants, besides the state Legislature, are the Florida Fish and Wildlife Conservation Commission and the departments of Environmental Protection, State and Agriculture and Consumer Affairs.

The department heads also are defendants.

Voter approval

The Florida Water and Land Legacy Amendment, commonly referred to as Amendment 1, was approved in 2014 by nearly 75 percent of voters. It sets aside one-third of real estate transaction tax revenues to "acquire, restore, improve and manage conservation lands," including those that protect water resources, such as the Everglades and the Indian River Lagoon.

The environmental groups filed suit in 2015, alleging the House and the Senate used almost half the money meant for land acquisition to pay routine operating expenses at state departments, including vehicle purchases and salaries.

"That was just kind of thumbing their nose at the voters," said Alisa Coe, a lawyer with one of the plaintiffs, environmental law firm Earthjustice.

"That doesn't seem like it's allowable by the words that were on the ballot that the voters voted for."

The lawsuit has been delayed several times.

More: Defending Legislature in Amendment 1 lawsuit cost taxpayers $183,000 to date

Coe said she expects the environmental groups to prevail in court. If they don't, they could appeal the decision to the Florida Supreme Court.

Environmental spending

Lawmakers have claimed operating expenses for the departments are part of land management costs.

Since the suit was filed, several influential lawmakers have made efforts to make sure more Amendment 1 funds are spent directly on conservation.

Legislators point to Legacy Florida, a 2016 bill dedicating more than $250 million a year in Amendment 1 funds to Everglades restoration projects.

The bill was sponsored by two Treasure Coast legislators: Senate President Joe Negron, R-Stuart, and Rep. Gayle Harrell, R-Stuart.

This year, legislators also provided $100 million to Florida Forever, the state's premier land-buying program, after failing to fund the program in 2017.

Legislators also have increased funding for beach renourishment projects and springs restoration.

Land Acquisition Trust Fund money still pays for operating costs. In the 2018-2019 state budget taking effect July 1, more than $160 million from the fund will pay for state salaries and benefits alone.

Negron declined to comment on the suit this week.