A Political Committee in Volusia County Florida whose goal is to give residents a vote before our politicians add treated sewage to our drinking water supply or pump it into our Floridian aquifer. We invite you to join our effort to get residents a vote any time the County Council acts to further reduce beach driving or vehicle access points anywhere in Volusia County. Because of the billions of d
ollars to be made through giving away the locals beach access this issue has become very contentious and the facts on this issue have become so snarled that fiction can become truth. Special interests, Candidates and Current Office Holders should pay attention to as they have all gotten it wrong as well. Can an issue be put on the ballot amending the Volusia County Charter to require voter approval before removing beach access? Answer: Yes, simple no need to debate… it can be put on the ballot. You can even put no dogs or cats allowed in Volusia County on the ballot. Ballot issues are permissible after they are submitted in accordance with county rules which require signatures from a specific number of registered voters or by movement of the county council. Either way, a ballot initiative can be put to a vote. Can our ballot initiative for the referendum be challenged in the courts? Answer: Yes it can. Anything can be challenged in the courts these days but the true test is in a term called “standing in the court”. Basically this means does the person making the argument have a legal position in doing so. In most instances they would. The second test is in the validity of the argument. This is where it gets complicated and which is why the ballot initiative has to be worded properly. Given that it is worded properly, and that the county elections requirements have been met, then it will move to a vote of the people. Keep in mind two types of challenges can be brought forward, one to prohibit it from being on the ballot and the second comes after the election. So for this question, it stands to reason that it will make it to the ballot. Once passed, can our new amendment to the County Charter be challenged in court? Answer: Yes it can and it can be challenged by anyone. The first test in a challenge is its legal authority in relationship to the overall power of the County Charter. I am confident this will be OK. The next and most obvious challenge comes from an argument that the State Statutes gives authority to the County Council on this matter. This is 100% correct. This is where it gets confusing a bit. When you read a state statute, city or county ordinance, you will see a section called “definitions”. A word used in a statute may have a general meaning, but for purposes of the statute it may be different. In this case, the Statute reads, “governing body” and our charter says the governing body is the Volusia County Council. So again, 100% correct. But where we prevail on any challenge in this area is that our amendment does not remove their authority as prescribed by the State Statute. Our amendment doesn't say County Council you no longer can make that decision or pass or fail your motions regarding beach access. What our amendment says is that the voters must grant you permission to do it. Therein lies the validity and resistance to challenge our Amendment has. Keep in mind there are two things about government you don’t want to confuse, authority and power. Authority to act by any governing body is prescribed for in law through charters, constitutions, and statutes. But the power to use that authority is held by the people. The people grant the power through the same mechanisms, charters and constitutions. And as we all know, those can be amended. This issue is very complicated, but also very simple too. So don’t be scared off or taken by surprise when someone says it will fail. If written correctly, and it will be, and if the required number of signatures for our petitions are met, and it will be, then there is no problems or fears. Oh and one other thing too. Once the amendment is passed, it is the responsibility of the county government to defend any lawsuits or actions against the amendment. They, as a body, cannot challenge it, as it would then be a law. So there you have it. If you are tired of politicians giving away our beach driving (which equals beach access to the entire beach instead of just at a parking lot) then like and share our page. Volunteer and contribute in whatever way you can. Together we can protect our beach for our families for generations to come.
