A Brevard County Representative Buried the Constitutional Right to Self-Governance

byStel Bailey -

TALLAHASSEE, FL. - Senator Debbie Mayfield has become a significant player in Florida's heated discussions surrounding policy and local control. Her legislative endeavors, notably preemption clauses in state regulations, have ignited significant discussion among grassroots organizations and environmental activists. These groups perceive her actions as a blatant undermining of local authority. This issue is particularly highlighted by the 2020 Clean Waterways Act, which has faced scrutiny for its implications on local governance.

In 2020, Mayfield played a crucial role in developing the Clean Waterways Act, legislation designed to establish a wastewater grant program offering matching funds to local governments for essential wastewater projects in areas identified as impaired by the Florida Department of Environmental Protection (FDEP). While the act included provisions to enhance water quality, it also contained a preemption clause undermining local efforts to adopt stricter environmental protections. This particular clause effectively weakened the innovative “rights of nature” law approved by voters in Orange County, which sought to grant legal rights to rivers and streams, enabling citizens to take legal action against polluters.

The impact of this preemption was evident in Titusville, where local efforts to embed the Right to Clean Water into the city charter were dismissed by state legislation, as determined by three judges from the Daytona Beach appellate court. Residents argue that the judges selectively interpreted the law to support the preemption, noting that Titusville's amendment does not confer a right to water but rather emphasizes the rights of its citizens. They also contend that the preemption in the Clean Waterways Act is unconstitutional. The recent decision by the Fifth District Court of Appeal to invalidate the amendment echoed the preemption principles established in Mayfield’s law, leaving local advocates feeling frustrated and powerless.

Image captured at Gator Creek Loop, opposite the site of a significant sewage spill in the City of Titusville.

State Environmental Agencies: Are They Powerless?

In Florida, there is a growing sentiment among citizens that the state's environmental protection agencies are failing to fulfill their responsibilities. There is a widespread belief that if these agencies were to genuinely uphold their duty to protect Florida's natural resources and improve its ecosystems, citizens would not feel the need to advocate for ballot initiatives aimed at regaining authority over environmental matters. These proposed initiatives aim to reduce governmental red tape and allow citizens to pursue legal action against those who pollute.

Critics contend that the state's proper enforcement of current environmental regulations and lawmakers' more assertive approach to holding polluters responsible would eliminate the necessity for additional measures. However, there is a prevalent belief that numerous politicians in Tallahassee are swayed by the industries they are meant to regulate.

Numerous laws, including the 1990 Indian River Lagoon Act, the Florida Air and Water Pollution Control Act, and the Florida Water Resources Act, have been established to protect Florida's environment. However, many believe these regulations fall short in enforcement, making it difficult to hold polluters responsible for their actions. One notable instance is the Clean Water Act, enacted in 1972. This legislation prohibits the release of any pollutants from a point source into navigable waters without the necessary permit. The agencies tasked with protecting the environment hand the polluters the permit, which authorizes them to pollute. 

The preemption of environmental laws has had tangible consequences for Florida’s ecosystems. The Indian River Lagoon, once a thriving waterway, now suffers from severe pollution and ecological decline. Despite federal and state programs aimed at restoration, local communities have resorted to self-imposed taxes to fund restoration efforts, highlighting the inadequacy of existing regulatory frameworks.

This issue is especially alarming considering that Florida's natural resources draw tourists and new residents who value the state's distinctive ecosystems. The demand for enhanced protections and greater accountability remains strong among Floridians, underscoring an urgent need for reform in how the state manages its environmental policies.

Image captured by a Fight for Zero nonprofit volunteers at Scobie Park in Titusville, showcasing the area designated for a living shoreline.

Is Money Polluting the Waterways?

Critics argue that Mayfield's legislative decisions reflect a troubling pattern of prioritizing corporate and political interests. Her campaign financing has faced scrutiny, particularly from entities such as Duke Energy, Sugar Corporation, various developers, and the GrayRobinson Florida PAC. This political action committee is associated with a Tallahassee law firm that the City of Titusville engaged in contesting the Titusville citizen-led ballot initiative to ensure clean water. The city has spent hundreds of thousands of taxpayer dollars on legal fees to oppose this initiative, which sought to uphold the constitutional right to self-governance. Additionally, notable backers of Mayfield include Robin Fisher, Stan Retz, and Rush Construction Inc., all of whom significantly invest in the political landscape. 

Brevard County registered lobbyist Robin Fisher advocates for several clients, including Woodfield Development, Ballarena Group Corp, DAD, RUSH Construction, and KB Homes Orlando. Meanwhile, residents of Titusville express concerns that these clients have a vested interest in thwarting the local adoption of the Right to Clean Water. They contend that the proposed amendment would enhance accountability for developers, urging them to be more conscientious in their impact on the waterways.

In the lead-up to the 2024 election, candidates in the City of Titusville who publicly pledged to support the Right to Clean Water amendment found themselves under a barrage of coordinated online attacks. These campaigns were characterized by spreading rumors regarding the Right to Clean Water initiative and its objectives. Some candidates backed by special interest groups attempted to distort the narrative, suggesting that the Right to Clean Water did not pertain to drinking water, would financially ruin the city, and is identical to Orange County's amendment, despite differences in language. Numerous residents have remarked that the 2024 election cycle stands out as one of the most divisive in the city's history, attributing much of this contention to the Right to Clean Water debate.

Environmental advocates lamented the influence of industry lobbyists on state regulations, stating, “Polluters often seek to weaken regulatory requirements, and lawmakers like Mayfield enable this by embedding preemptive measures in legislation.” This dynamic has left local governments and communities with limited recourse to address pressing environmental issues.

While some lobbying groups may draw criticism, not all are inherently negative; many make considerable campaign contributions and use their lobbying influence to sway opinions and encourage policymakers to align with their viewpoints.


Preemption’s Broader Impact on Florida

Mayfield’s legislative actions are part of a larger trend in Florida politics, where state preemption has increasingly curtailed local autonomy. In 2023, Mayfield was among the lawmakers who supported Senate Bill 102, also known as the Live Local Act. While the bill aimed to address affordable housing, it included provisions that bypassed local zoning regulations, further eroding the authority of local council members and limiting their ability to make decisions that reflect the needs of their communities. Critics contend that such measures prioritize rapid development over reasonable planning and environmental protection.


Grassroots Resistance: The Battle for Community Empowerment

Amid these challenges, grassroots organizations like Speak Up Titusville continue to advocate for stronger local protections. Their efforts underscore a growing movement to reclaim the rights of communities to govern themselves. As Titusville’s Right to Clean Water case potentially moves toward higher courts, it serves as a test case for the balance of power between state governments and local communities.

Whether Mayfield’s approach to governance will stand the test of time remains to be seen, but one thing is clear: Florida’s citizens are increasingly unwilling to accept the erosion of their rights without a fight.

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Stel Bailey

Stel Bailey is a prominent community leader with over twenty years of experience in multimedia, investigative journalism, and research, earning recognition on a national scale and having been published worldwide.

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