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Judge Sides With Environmentalists on Land Acquisition Trust Fund Spending

June 15th, 2018 by Jake Stofan
A circuit court judge says the Florida Legislature ignored the will of voters when the approved Amendment 1 in 2014.
After a three year battle, environmentalists scored their first major victory in the fight over environmental spending.
Circuit Court Judge Charles Dodson ruled the Legislature failed to follow the will of voters and improperly fund environmental protection programs.
“I think this sends a very clear message to the Legislature that they have to take voters seriously,” said Aliki Moncrief with Florida Conservation Voters. “They have to honor the will of the voters in their actions as lawmakers.”
The Land Acquisition Trust Fund was established by voters in 2014 when 75%  approved Amendment 1.
It’s purpose was to use a portion  of the tax from real estate transactions to preserve the environment.
“The main driving force here in promoting this amendment was to acquire land,” said Joseph Little, an Attorney representing environmental groups.
When the Legislature implemented the amendment it allowed the money in the trust fund to go towards salaries and ordinary expenses for state agencies, leaving almost nothing to actually purchase new lands.
The new ruling says the state can only use the money in the fund to purchase and maintain new lands.
Environmentalists say the ruling is the first step in ensuring voters get what they asked for back in 2014.
“When people amend the constitution, the courts will say it counts. So this is a big day for the people of Florida,” said another attorney representing environmentalists, David Guest.
The one question not addressed in the courtroom, is what will be done about the funds that have already been improperly spent for the past three years.
The state will likely appeal the ruling, sending the case to the 1st District Court of Appeals, but a final decision may well have to come from the State Supreme Court.

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