Raise Your Voice: Tell your commissioners defend our communities!

Raise Your Voice: Tell your commissioners defend our communities!

RAISE YOUR VOICE

Call YOUR town's commissioner. Tell them that cyanobacteria blooms will effect all of us in PBC, and all commissioners should come together to defend their citizens.
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“A blue-green algae bloom was identified in water discharging to the Lake Worth Lagoon last month with toxin levels high enough to trigger the posting of multiple warning signs at Spillway Park, a popular fishing spot”

-The Palm Beach Post

Towns all over the Lake Worth Lagoon watershed are being subjected to a toxic cyanobacteria bloom that fills the air with a poisonous stench. Humans breathing cyanotoxins have an increased risk of neurodegenerative diseases like amyotrophic lateral sclerosis (ALS), multiple sclerosis, Parkinson’s disease, Alzheimer’s disease, Huntington’s disease, and prion diseases –and all are incurable. Pets can be mortally sickened. From the Glades to Palm Beach, we should all RAISE OUR VOICE.

If enough of us take action quickly, our Commissioners should attend the Army Corp of Engineers’ LOSOM meeting on Friday from 9am to 3pm and fight effectively for us.

You can email your comment or testify during public comment period by clicking the button below.

Lake Worth Waterkeeper Cyanpbacteria Pahokee Marina 1
Lake Worth Waterkeeper Cyanpbacteria Pahokee Marina 2

Toxic Coffee

Toxic Coffee

The Lake Okeechobee cyanobacteria bloom has unfortunately been gaining momentum toward bringing us another lost summer.

Since we first reported on the Pahokee Marina there’s been a big focus there. The usual parade of photo ops soon followed, with quite a few attempts to explain the situation thrown in. Many groups incorrectly assumed that the marina is the only place hit with a major bloom right now.

When we first reported the Pahokee Marina bloom we were also quietly monitoring and reporting the total extent of the bloom throughout our watershed. The cyanobacteria bloom goes far beyond the marina, it covers half of Palm Beach County.

Alligator struggling to swim through cyanobacteria bloom in Pahokee Marina, taken April 23, 2021.

First Stop, The Pahokee Marina

Disappointedly even some of the well-intentioned environmental or conservationist groups incorrectly suggested that the Pahokee Marina was a relative newcomer to the cyanobacteria problem. Compared to the other northern estuaries, the Lake Worth Lagoon watershed – specifically throughout the Glades communities – is consistently hit hard on an annual basis often for months at a time. The Pahokee Marina has merely become a canary in the mine. When conditions are ripe for a super bloom in Lake O the marina’s design merely encourages the cyanobacteria to float toward the surface and reproduce into a major bloom there first.

The South Florida Water Management brought a response of vacuuming out the cyanobacteria from inside the marina. A temporary reprieve at best. The conditions throughout the area are still favorable for a super bloom, and it doesn’t look like we’ll have much of a break anytime soon. Serious consideration needs to be made to redesign the walls and docks of the marina to allow better water flow. This wouldn’t solve the cyanobacteria issue of course, but it would help give a little bit of a break to the marina and those that stay there in these early phases of the Lake O super blooms.

Restoring the historic south flow of the Greater Everglades, bringing back habitat to Lake O by keeping its level low, and connecting Lake O to the lower Everglades remains the best answer to fixing the cyanobacteria blooms.

Big Sugar’s PR Campaign of Excuses

The usual cast of Big Sugar defending astroturf groups offered up their own explanation for the bloom here. For example, Scott Martin of Anglers for Lake Okeechobee – a predictable denier of the severity of cyanobacteria blooms – has offered his excuse that the bloom in the marina is the result of the boats pumping out their wastewater into the marina. He even shared a video of how the bloom is “only visible inside the marina walls”, and in his willfully ignorant understanding of science offers that as proof. Reality is, as mentioned in the previous paragraph, the bloom was dispersed throughout the lake (difficult to see on camera but visible in person) and only collects inside in the marina due to the design of the docks and walls that impede water flow there.

Lake O cyanobacteria bloom caught up in the Pahokee Marina in areas where water flow is hindered, taken April 23, 2021.

Katrina Elsken, editor and publisher of Big Sugar propaganda rag Lake Okeechobee News, also offered the same excuse. Throughout social media, she has also claimed that the cyanobacteria could be influenced by the draft of air from airplanes flying high overhead. No, just no.

Martin, Elsken, and others that are part of the Big Sugar paid PR machine have historically claimed all kinds of red herring excuses for the blooms: from septic tanks to overdevelopment, they rely on half-truths to draw the blame from the real culprit of industrial agriculture runoff and industry driven political corruption. All of which should only draw eye rolls were it not for the serious consequences their claims have by distracting the community from the information needed, and by using their influence to seriously hinder Everglades restoration progress.

Map of Lake Worth Lagoon watershed with highlighted cyanobacteria bloom areas mentioned in this post.

The Lake Worth Lagoon Watershed

The cause of Lake O’s cyanobacteria blooms comes down to environmental conditions (hot and dry) working with the surplus of legacy nutrient pollution (phosphorus, nitrogen, herbicides and other chemicals) already in the lake, and new nutrient pollution coming into the lake as runoff.

The Lake Worth Lagoon watershed is the clearest example that shows polluted Lake O water as the common denominator for cyanobacteria blooms.

Lake O’s super blooms are easily visible by satellite, that imagery has been crucial to our understanding of how the blooms take over the lake. But the true extent of the bloom outside the lake and throughout our watershed can only be mapped out with fieldwork and an understanding of our watershed and how it works.

The Lake Worth Lagoon’s only connection to Lake O is via the C-51 Canal (the big canal along Southern Boulevard), the eastern half of the watershed (east of SR-7/441) uses the C-51 to handle runoff from all the large communities along the canal from Wellington, West Palm, Lake Clarke Shores, Lake Worth, etc. This side of the watershed is of course heavily developed, with no shortage of septic tanks and old sewer systems. Yet this side of the watershed will only get a serious cyanobacteria bloom when it takes Lake O water through discharging.

The western half of the watershed (west of SR-7/441) consists mostly of less developed agriculture, especially the Everglades Agricultural Area (EAA) which is dominated by at least half a million acres of massive industrial monoculture farms where sugar is by far the biggest crop. It is in this half where we find the Glades communities. It is this western half of our watershed that is persistently hit hard with cyanobacteria blooms among other serious environmental crises.

Cyanobacteria Throughout Our Watershed

Understanding the agriculture operation of the EAA is the first step to understanding how toxic Lake O water makes its way throughout the Lake Worth Lagoon watershed. The EAA and its historic agriculture operation is the reason behind the need for Everglades restoration. The EAA is the hindrance of waterflow from Lake O to the lower Everglades and eventually Florida Bay.

There’s a need for a massive reservoir that would help move water south. But the real reason behind its need is because the government through the South Florida Water Management District gives too much water for consumption and the Florida Department of Environmental Protection fails to save water from overuse. So now we are forced to use nearly a billion dollars of our taxpayer money for a reservoir project that will likely not be able to fulfill its mission. Big Sugar and their machine prevented an adequate reservoir design by getting in the way of land acquisition and forcing a smaller reservoir design, thereby limiting the amount of Lake O water that would be cleaned. The reservoir is supposed to be for dry season flows, but now as cyanobacteria blooms become more prominent and longstanding, that contaminated water likely will get in the way of the reservoir’s operation. Lake O’s water quality must be addressed, habitat needs to be brought back, but that brings about a massive cost that our government is unwilling to provide. Largely because working on proven fixes to Lake O’s environmental woes would entail calling out Big Sugar as the cause of most of it, and they fund the majority of politicians’ campaigns to make sure that doesn’t happen and to protect their interest in future water rights.

Bottom line is Big Sugar has first dibs on the water leaving Lake O and flowing through our watershed in the EAA. Three canals bring Lake O water to the C-51 Canal, where the water can either actually flow south toward the lower Everglades, or it heads east where it is discharged into the Lake Worth Lagoon. The best example of this is the L-10 Canal, the middle canal that splits the EAA which begins with the S-352 Spillway on Lake O. Typically, when the latter happens we get cyanobacteria blooms carried in with the Lake O water.
Cyanobacteria polluted Lake O water is being moved throughout the EAA and toward the Lake Worth Lagoon. Perhaps most concerning, is that along the way this water is being used to irrigate the sugar fields. It’s important to understand how the fields are irrigated here. The big overhead sprinklers that we often see on tv and movies used on farms is not what’s used here. Instead, water from the main canals that connect Lake O to the C-51 is diverted into many small canals crossing the EAA. These smaller canals are then sent into the fields, where they are flooded to saturate the soil. This adds to the nutrient pollution problem, because all the soil amendments and chemicals that the farmers sprayed onto the fields are washed back into the main canals when they pull the water off the fields. Then that nutrient pollution is sent throughout the rest of the watershed.
Traveling with this water, is of course the cyanobacteria itself. Like the Pahokee Marina it makes itself really visible in places where water slows down, such as at the irrigation control structures the farmers use to irrigate their field. We’ve documented and reported this throughout the L-10 canal, which is the main canal connecting Lake O to the C-51 canal. Cyanobacteria can be seen along the entire length of the L-10 canal. Water from which is being used for irrigation. So think about that as you put sugar into your morning coffee.

Cyanobacteria bloom in the L-10 Canal, just beyond the S-352 Spillway on Lake O. Here the cyanobacteria is hard to see in the photo because it is dispersed throughout the water column since the water is flowing through here quickly, but cyanobacteria is visible on the rocks along the shore, taken April 26, 2021.

Cyanobacteria bloom in the L-10 Canal, at one of the many structures that sends water for agriculture irrigation, taken April 26, 2021.

Cyanobacteria bloom in the L-10 Canal, at one of the many structures that sends water for agriculture irrigation, taken April 26, 2021.

Cyanobacteria bloom at one of the many structures that sends water for agriculture irrigation off the L-10 canal, sugar fields seen in the background including a recently harvested field with a small fire still going in the background, taken April 26, 2021.

Overhead look at the same structure, cyanobacteria is on both sides of the structure, more so on the upstream side (the right) and on the left cyanobacteria can be seen along the banks of the canal, taken April 26, 2021.

Further down the watershed, cyanobacteria can be seen in the C-51 canal, especially in the area where the water is sent truly south into the Water Conservation Area 1 (the Refuge) before being sent to the lower Everglades. This is across Southern Boulevard near Arden in Wellington.

As Lake O water makes its way through the watershed, so does the cyanobacteria.

Another notable – and very concerning – part of the watershed where we reported the bloom is in Loxahatchee at the M Canal. The M Canal is a canal that connects the L-8 Canal (which in itself is connected to Lake O and joins the L-10 at the C-51 Canal) to Grassy Waters Preserve. This is especially concerning because not only is the Preserve and area of critically important habitat, but the Preserve also serves as one of the few surface drinking water sources for our watershed. For some time now we and fellow Waterkeepers have been lobbying to get cyanotoxins onto the Regulated Substance List. No cyanotoxins are listed here, this list would require agencies like municipal water to test for cyanotoxins. So right now, it’s not legally required.

Cyanobacteria bloom in the M Canal in Loxahatchee, the water flows toward the right through a culvert and into Grassy Waters Preserve, taken May 1, 2021.

Just Another Year for the Lake Worth Lagoon

This situation is not unfamiliar to us. Unfortunately for us, the Lake Worth Lagoon is often ignored in discussions of the Northern Estuaries of the Greater Everglades. This is the result of various reasons, one example is the Northern Everglades and Estuary Protection Plan (NEEPP) legislation passed in 2007 that intended to expand the existing Lake Okeechobee Protection Act (LOPA) to the Northern Estuaries of the Everglades. But there’s one glaring problem, NEEPP specifically excludes the Lake Worth Lagoon as a defined northern estuary. This is ridiculous, by all scientific and common sense definitions the Lake Worth Lagoon is a northern estuary of the Greater Everglades Ecosystem so why would law and government not reflect that? Could it be to protect polluter interest?

This glaring omission and other similar policy opens the door for the government to abuse the Lake Worth Lagoon. Our watershed is overlooked in important decision making processes, such as the current changes being made to the Lake Okeechobee System Operating Manual (LOSOM) which is coming towards the end of its process. This policy dictates how Lake O water is managed, especially in regards to it being discharged to the northern estuaries. If the LOSOM Project Delivery Team continues their current path we are looking at more polluted Lake O water being sent our way, with even more cyanobacteria blooms to come along with it.

In other words, the cyanobacteria situation is going to get worse for Lake O and the Lake Worth Lagoon. But we do have options, our communities need to take the lead and stand up to this abuse. We can participate in policy changes like LOSOM, where traditionally the other northern estuaries have had adequate but ineffective representation. But we stand a better chance, as explained before, our watershed is the clear example of the real causes to the environmental issues we’re facing. It is our watershed that proves we need real solutions of habitat restoration, a lower Lake O, and a reconnection of that flow of Lake O water to the lower Everglades. We cannot vacuum this problem away and we cannot afford to argue about red herring distractions anymore.

In the meantime: don’t worry about Big Sugar, their fields will be perfectly irrigated using our tax dollars… Might be a good time to move away from the morning sugar in your coffee habit.

365 Days of Environmental Racism

365 Days of Environmental Racism

Lately it seems like Florida has been attacked from every side

when it comes to environmental destruction at the hands of a corrupt government. At the heart of Florida is a community that seems to never get any reprieve from terrible environmental and public health risks driven by deliberately ignorant policy: the Glades.

It’s early April and Lake Okeechobee’s cyanobacteria bloom is already under way. Along the west side of the lake the bloom is visible by satellite, but here on the east side the bloom so far seems to be the worst around Pahokee. At the Pahokee Marina the bloom is already gathering on the surface in areas of stagnant and slow moving water.

Environmental racism is at play here. Although the cyanobacteria itself doesn’t discriminate, broken policy dictates that particular communities are hurt more than others. It’s been a constant argument with the Florida Department of Health to get adequate warning signs and information out to harmed communities.

We take up every opportunity we get to push for a statewide standard on harmful algal bloom warning signs. An idea that our state refuses to acknowledge so far. We report our cyanobacteria data to the Florida Department of Environmental Protection, it goes to Tallahassee, then they are supposed to notify the Department of Health. Right now without a statewide standard it is up to each county’s Department of Health office to choose the sign type and decide location and timing of posting signs.
The result is that some communities are better served than others. Unsurprisingly, black and brown communities such as Belle Glade, Canal Point, and Pahokee are seriously underserved despite being the most hard hit.

The waters here are often subjected to cyanobacteria blooms for 4-5 months out of the year. Yet, these blooms rarely get the media coverage as smaller blooms would get in other communities, especially affluent white communities. This lack of attention likely gives the Department of Health the excuse to choose to do the bare minimum here. These are communities where locals are sustenance fishing. Unlike many communities elsewhere, the locals here are filling up their buckets and coolers with cyanobacteria-contaminated fish for dinner. The poverty here offers no recourse. Hence why the lack of a statewide warning sign standard is environmental racism.

Warning signs were posted throughout the marina last year, all but one of them has since been removed. The sign that remains is faded and barely legible.

At another spot, even more fishermen were catching crappie at the S-352 Spillway in Canal Point. This is one of the most popular sustenance fishing spots this side of the lake, on any given day – cyanobacteria or not – you can find half a dozen people here filling their coolers. We regularly document the annual months-long cyanobacteria blooms that get stuck on a feedback loop here. Today, cyanobacteria wasn’t visible in the water here, likely because it was dissipated throughout the water column due to the significant waterflow of the current Lake Okeechobee discharging toward Lake Worth Lagoon.
Last year over the summer we convinced the Palm Beach County Department of Health to post warning signs here. It was the first time signs have ever been posted. We of course had to settle for the poorly designed signs printed on laminated computer paper, that were stapled to a small wooden post. It took about a week for one of the signs to be run over by a lawnmower. The rest eventually faded, and have since been removed. Last year the Department admitted they knew this was a bad design, but they told us that they were only “temporary” and the more durable, and permanent metal signs were “on order”.
You better believe we haven’t forgotten about those signs.
All this happens in the shadow of perhaps the clearest example of environmental racism, pre-harvest sugar field burning. Big Sugar burns their fields before harvesting sugar cane in order to remove the leaf litter so that more cane can fit onto their trucks, thereby saving some fuel money. This is by choice. Green harvesting exists, meaning cane and leaf litter would fit onto the trucks, however that means less cane per truck and therefore more fuel being used on transport. You don’t have to travel far to see this practice, around the Wal-Mart in Clewiston pre-harvest burning does not happen due to policy. Hence why it is another, and perhaps more on-its-face example of environmental racism.

To learn more about this practice please visit our friend’s website at: http://stopsugarburning.org

During the spring through summer months the glades communities are subjected to poor water quality from cyanobacteria blooms, some of the most toxic organisms on the planet. Then starting in the fall, the baton of environmental and serious public health risk is passed to the sugar fields burning until the next spring – 365 days of environmental racism.

Fane Lozman’s Sleepless Night

Fane Lozman’s Sleepless Night

We almost have to feel bad for Fane Lozman, he certainly had a sleepless night monday...

For some time now we have been working hard to save Munyon Cove, a stretch of critically important mangroves and seagrass just south of MacArthur Beach State Park. But a few of the developer property owners have persistently been in the way of progress, intent on destroying the environment here for their “projects”.

One of these developers, Lozman, has been most visible by how he has actively taunted local, state and federal enforcement agencies with law breaking, hostile confrontations with neighbors, fraudulent claims, and even going as far as to hastily put together sketchy construction on this property that has already led to significant environmental harm.

We’ll focus on this last bit for now. Lozman has been collecting old pieces of junkyard floating docks onto his property, many of which are joined together into sections 80-100 feet long. One of these big pieces has a small container home on it.

This container home is allegedly where Lozman lives.

You see, according to the Palm Beach County Property Appraiser, Lozman is on his way to claiming homestead exemption as he has in the past. (https://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=56434222000010200&srchtype=map) In Florida, your homestead must be your permanent residence. So he must live in that container home, right? Surely a county government office such as the property appraiser wouldn’t get this wrong. By the way, we also documented that he didn’t get this container home onto the property before the deadline to get homestead exemption.

In 2020 with homestead exemption Lozman paid just $91 for the nearly 8 acres of submerged land he owns here.

(This is just one of the properties he owns in Munyon Cove, others are owned as a joint venture with others called Halo Development LLC.)

Monday night Lozman had a rough night. On a windy late night the 80 foot section of dock with his container home broke free, it drifted well over a mile and half across the windy and choppy Lake Worth Lagoon until it landed on the beach at Lakeside Park in North Palm Beach. It’s here on public property that we were able to get a close look at the condition of this “floating home.” Lozman wasn’t home unfortunately but I took a walk around to inspect the project.

I documented a lot of alarmingly sketchy details:

Fane Lozman floating dock monstrosity Lake Worth Waterkeeper

The whole structure landed mere inches away from a small jetty, impact would’ve likely caused a lot of damage to the structure, but it made into shallow enough water that it got stuck in the sand.

Fane Lozman floating dock monstrosity Lake Worth Waterkeeper
Fane Lozman floating dock monstrosity Lake Worth Waterkeeper
Fane Lozman floating dock monstrosity Lake Worth Waterkeeper
Fane Lozman floating dock monstrosity Lake Worth Waterkeeper
Fane Lozman floating dock monstrosity Lake Worth Waterkeeper

The concrete dock pieces are cracked open, taking in water, soaking up the foam cores inside. In other words, they are slowly sinking. The concrete itself is crumbling, and the lumber holding the pieces of dock together has deteriorated from being waterlogged. The metal rods and hardware holding it all together is rusted, in many parts the hardware is simply falling out.

Fane Lozman floating dock monstrosity Lake Worth Waterkeeper

Coming out of the cracks are small microplastics of the expanded polystyrene (think styrofoam) core that makes up the vast majority of the volume of each 10 foot section of dock.

Fane Lozman floating dock monstrosity Lake Worth Waterkeeper
Fane Lozman floating dock monstrosity Lake Worth Waterkeeper
Fane Lozman floating dock monstrosity Lake Worth Waterkeeper

Only 1 of the 4 mounting points on the corners of the container have a bolt “securing” it to the dock, and even that isn’t properly placed. The container seems to be in danger of sliding right off the dock and sinking into the water (a previous container on his property already did this, it had to be removed by crane).

Fane Lozman floating dock monstrosity Lake Worth Waterkeeper
Fane Lozman floating dock monstrosity Lake Worth Waterkeeper
Fane Lozman floating dock monstrosity Lake Worth Waterkeeper

The inside of the container is unfinished. It has just a single futon as furniture, the floors have taken water damage from waves crashing through the sliding glass doors. There are electric and water hookups on the container but there is nothing for them to connect to at Lozman’s property. For example, the drain from the sink goes out the side of the container and straight into the lagoon through a hatch in the top of the dock. Another drain similarly comes out of the “bathroom” side of the container.

Lozman must have had a really rough night on monday waking up in a floating container rocking and rolling as it drifted across a choppy and windy Lake Worth Lagoon. It seems even on a good night the container home is uninhabitable, or even safe for anyone to be on.

Unless of course… he doesn’t actually live there.

In that case, perhaps it’s time for Dorothy Jacks and the Palm Beach County Property Appraiser office to take another but closer look at Lozman’s “homestead”, surely they wouldn’t allow fraud to take place under their watch.

Top Florida wildlife official wants to fill, build on lagoon

Top Florida wildlife official wants to fill, build on lagoon

By Tony Doris
Courtesy of the Palm Beach Post

Florida’s top appointed protector of wildlife wants to make millions by dredging up and filling in acres of the wildlife-filled Lake Worth Lagoon.

Rodney Barreto, an influential lobbyist who chairs the Florida Fish and Wildlife Conservation Commission, is pressing legal action to let his company fill, dredge and build hundreds of condos and houses on mostly submerged land off Singer Island.

The company, Government Lot 1, LLC, based in Coral Gables, seeks to reopen and expand upon a 1990 circuit court order that gave previous owners the right to fill but not dredge the 19-acre site off Singer Island without requiring permits from state regulators.

Government Lot 1, after buying the site in 2016 for $425,000, proposed three multifamily buildings with 110 units each, 15 single-family lots with two docks each and a 50-slip marina that includes a restaurant and community center on the site. The project called for filling more than 12 submerged acres and dredging another 4, on the northwestern end of the barrier Island, just south of John D. MacArthur Beach State Park.

The South Florida Water Management District in 2018 expressed “serious concerns” about potential impacts on the estuary and determined the plan could not move forward without extensive measures to mitigate environmental damage. The company withdrew its plan but in August 2020 moved to reopen the 31-year-old circuit court case, asserting that its final order should be supplemented to clarify that state regulatory approvals are unnecessary to move ahead with development. The company acknowledges that federal approval, from the U.S. Army Corps of Engineers, still would be required.

Opponents argue that the site should be preserved, that its clear waters and sea grass serve as a nursery and migratory spot for manatees, endangered green sea turtles and smalltooth sawfish and other abundant wildlife.

Lisa Interlandi, executive director of the Everglades Law Center, called the project a blatant conflict of interest for Barreto and one that compromises his agency’s responsibility to protect Florida environmental treasures. Her organization, which litigates for environmental protection, last week moved to intervene in the case on behalf of nonprofit Lake Worth Waterkeeper, to block the project.

“The days of turning water to land and land to water have thankfully passed,” Interlandi said. “We hope.”

Barreto said the project posed no conflict with his FFWCC duties. The state sold and conferred the right to develop the submerged land decades ago, just as much of the lagoon is developed, he said in an email last Wednesday to The Palm Beach Post.

“Although I will not be directly participating in any decision by the FFWCC, I am prepared to take appropriate action in response to any unlawful interference with my property rights,” he wrote. “Furthermore, I will continue to exercise the duties of my position with the FFWCC in a manner that vigorously protects the state’s resources without abusing its governmental authority in a manner that fails to seek a balance that shows due respect for vested private property rights.”

James. D. Ryan, the North Palm Beach lawyer who filed the motion to reopen the case, could not be reached. Ryan’s motion also asserts that other property owners in that area similarly should be allowed to build on their submerged land without state approval.

Barreto agreed, saying nearby landowners Fane Lozman and Daniel Taylor, with whom he has collaborated in the matter, have identical rights and should be allowed to move forward and coordinate development of their properties with his.

“This approach would improve the likelihood that the taxpayers do not become saddled with an enormous financial obligation, the owners develop a portion of the property in a manner that allows their financial expectations to be realized and some of the property being dedicated to conservation.” Government Lot 1’s 2018 plan called for a 1,200-foot long line of mangroves to be planted on his site.

A closer look at Rodney Barreto

Barreto, a lobbyist and one-time Miami policeman, has long been a force in government circles in Miami-Dade County and around the state.

A co-founder of Floridian Partners, a lobbying firm with offices in Tallahassee and Miami, he also presides over The Barreto Group, which specializes in corporate and public affairs consulting, real estate investment and development. He chaired the Super Bowl Host Committee in 2007, 2010 and 2020 and was named to Gov.-elect Ron DeSantis’ Inaugural Committee in 2018.

He was appointed by Gov. Jeb Bush and re-appointed by Gov. Charlie Crist to the Florida Fish and Wildlife Conservation Commission, where he served two five-year terms initially, much of that time as chairman. After his terms expired, he became a member of the Florida Fish and Wildlife Foundation, a citizen fundraising and promotional group that supports the commission. Then Gov. DeSantis reappointed him to the FFWCC in 2019.

Reinaldo Diaz, president of Lake Worth Waterkeeper, an environmental monitoring and advocacy group, looked out Thursday over the expanse of mangrove-lined waters rippling above Barreto’s submerged land.

It’s among the most pristine and abundant sections remaining of the lagoon, he said, the water reflecting in his mirrored sunglasses. “You would think somebody in charge of the FFWCC would know the value of a mangrove habitat.”

Blocking it off with seawalls would destroy a sloping shoreline where horseshoe crabs come to nest and a shallow, sea grass lined stretch where bone fish and “extremely rare” smalltooth sawfish swim, he said. What’s more, a decision allowing development here, as it might have been in the past, ignores decades of environmental learning and could have ramifications for habitats elsewhere in Florida, Diaz said. “We know better now.”

One Singer Island resident whose home overlooks Barreto’s site acknowledged that his own property sits on land a developer filled in the late 1950’s. But he agreed with Diaz that society today has a heightened awareness of the need to protect such waters.

A lot of things have changed over the decades, said the resident, who asked not to be named. “Smoking was good for you in 1960.”

Barreto, though, said he has every right to rely on and profit from almost 100 years of political and legislative decisions that shored up the property rights attached to the submerged land he owns.

“Nearly a century ago the governor and his cabinet, acting as the Trustees of the Internal Improvement Fund (TIFF) for the state, made a determination that it was in the state’s best interests to sell land in and around Lake Worth (Lagoon) for development,” he said. “In accordance with the General Laws of the State, such sales conferred specific rights enumerated in the law, i.e., to dredge, fill and bulkhead the conveyed land unless the deed expressly included an encumbrance restricting such rights….”

The TIFF sold 311 acres at that time, including the land his company eventually bought, and about half of that total has been filled and sea-walled, he said.

“About 50 years ago, when only a few miles of the lake’s shore remained untouched, the state made a decision to preserve some of it and it did so by purchasing the land that is now John D. MacArthur State Park,” he continued. The state decided not to buy any of the Government Lot 1 land and left the private property rights intact, he said.

Subsequent court decisions confirmed those rights and said the owners could develop the site without permission from any state regulatory agency, he said. “I do not believe the state or the FFWCC has any lawful basis to terminate those rights,” he concluded.

Decision in court’s hands

The court must now decide whether those rights hold against the current of decades of environmental research, regulation and legislation. If they do, it will be left to the U.S. Army Corps of Engineers to weigh the project on its merits.

“There would likely be discussions regarding the purpose and need of the project, as “housing” is not considered a water-dependent activity,” Army Corps Public Affairs Specialist Nakeir Nobles said Thursday. The project also would have to pass muster with the Endangered Species Act and compensate for environmental damage, she said.

Interlandi said Barreto should deed the submerged land back to the state, as it’s a stone’s throw from MacArthur Park. He has no right to dredge and the state has a responsibility to enforce laws that protect waterways from harmful development, she said.

“Mr. Baretto did not acquire this land 100 years ago, he purchased it approximately four years ago, He has served on the Fish and Wildlife Conservation Commission for more than 10 years, which is more than enough time to realize that filling in habitat for sea turtles and manatees to build condos and luxury homes would be an extremely bad idea….

“If Mr. Barreto’s approach prevails, what would it mean for commercial and recreational fishing all around the state? How many of these deeds exist in Florida waters and if the state is not able to enforce the law, how much will the public have to pay to protect critical environmental and fishing habitat from development?”

Barreto said he won’t give the property back to the state. If the state wants to conserve it, it can buy him out, he said.

“But we have discussed reaching a compromise that would create permanent protection over some of our land without any expense to the taxpayers,” he said. “This could result in land being added to the park.”

Interlandi dismissed that idea. “In exchange for his being able to develop the land?” she asked. “No way.”

This Thursday and Friday the FFWCC commissioners are scheduled to hold one of their five meetings per year. The Friday session includes a portion for up to three hours of comment from the public on items not on the agenda. Interlandi said she expects members of the public to voice objections to the chairman’s development plans then.