Broward
citizens deserve, demand working
courthouse
By Mitch Chester
(Published in
South Florida Sun-Sentinel
editorial page under "Thursday
Forum" on December 11, 2008).
With a week of
closed doors at the
Broward County
Courthouse, it is time for
lawyers, business leaders,
politicians and educators to
step up and organize a concerted
and sustained public campaign to
show how the fabric of our
society is stretched, and
threatened, by the failure to
develop a consensus about the
future of the downtown judicial
complex.
The last time a bond issue was
proposed to construct a
courthouse, in 2006, the
campaign was too short and
half-hearted. The result: No
answer was put in place to
address the physical necessity
of a secure, modern and fully
functioning central courthouse
in the heart of
Fort
Lauderdale.
Now, justice is delayed, and in
some cases, denied. The
constitutional access to courts
is blocked because of aging
water pipes, flooded rooms and a
prior lack of urgency.
Telecommunications into and out
of the hub of our local legal
system are downgraded to cell
phones for judicial assistants
and walkie-talkies for bailiffs.
It could be weeks before things
get back to normal — at least
until the next pipe ruptures or
a hurricane strikes next year.
As the
Broward
County mayor creates
a task force to study the need
for a new courthouse, the
campaign for any potential
solution needs to start now.
This time, all segments of the
community must be involved.
Whether local justice will be
interrupted in future years is
in the hands of the citizens of
2008. Perhaps a $450 million
building is not the answer.
Maybe leasing buildings is the
solution. Other creative avenues
need to be identified and
analyzed. With President-elect
Obama unveiling an agenda for
public works spending to bolster
employment and to strengthen the
backbone of America, we should
be looking at federal
assistance, not just local and
state support. But we must not
forget, urgency must come from
the grass roots across our
diverse county.
Let's help Chief
Judge Victor Tobin preside over
constructive plans that
safeguard our local legal
system. Let's bring the best
minds together to make a
reasonable proposal for solving
this increasingly costly
problem. We must remember,
however, that more needs to be
done than assembling a group to
talk and recommend. We need to
educate the population about why
the delivery of justice is vital
to our local health, safety,
welfare and essential
constitutional protections.
Mitch
Chester is a member of the
Broward chapter of the American
Board of Trial Advocates.
(Published in Newsvine.com on 12.11.08)
January 20, 2009...Symbolism, Substance and
the Challenge to Detroit
Time for an
automotive summit on January 20, 2009. (Photo
courtesy Wikipedia).
On
Inauguration Day, the
opportunity to make an
immediate and profound turn
toward charting the course
for the rebirth of United
States technology and
industry should not escape
the new Administration. Not
just a time of symbolism,
January 20 should be a day
of immediate work for the
fresh President. Dispensing
with the usual celebratory
evening parties that
systemically dot the
District of Columbia every
four years, the new Chief
Executive should set a tone
of urgency and substance by
calling an instant summit of
Chief Executives from the
Motor City. "Detroit,” he
should pronounce, “It’s time
to get real. Meet me and
Congressional leaders of
both parties in the
Roosevelt Room at 5 p.m.
Let’s roll up our sleeves
and get to work right away…”
Preparation for such an
encounter can begin on
November 5.
During his
first address to the nation
as the new occupant of the
White House, the President
should immediately set forth
the already promised goal of
making the nation energy
independent within 10 years,
as advocated during the
campaign. That goes without
saying. However, contained
in the words which will echo
across the Mall and span the
seas should also be a
challenge to the surviving
domestic auto makers. “We
shall produce, within 10
years, entire fleets of
American built vehicles
powered by electricity,
hydrogen and alternative
fuels…which achieve maximum
mileage. Gasoline powered
vehicles will not be
acceptable. If Detroit wants
to re-invent itself and
obtain “bailout” funds from
Congress, it should
completely dispense with
yesterday’s thinking and
retool for an American
manufacturing renaissance.”
Getting
down to work…right away,
just after the President and
his entourage arrive back at
the White House from their
trip to Capitol Hill, would
be genuinely symbolic, but
also very telling. There is
no time to celebrate once
the oath of office is
taken…our nation is in
serious jeopardy on so many
fronts that we cannot afford
to start the new
administration “as usual.”
Needed is action with all
deliberate speed. If such a
symbolic start of the next
four years is to be viewed
by history as a success, it
must immediately become
substantive. Given the
strain our oil dependence
and climate change visit
upon the American psyche and
economy each and every hour,
perhaps no other problem
cries out for such a
pressing mandate from
Washington…on Day One.
It’s time
to stop watering down
federal mileage requirements
with petty politics…the
party should be over for a
benevolent auto emissions
and mileage policy. Setting
a definitive and aggressive
national goal, focused on
inventing a completely new
Detroit, would invigorate
American industry, encourage
a new dimension in
technology, spark an
economic revolution, and put
scores of thousands back to
work. The goal should be
enunciated at the height of
the President’s power, which
is at the beginning of the
term. Clearly, party
faithful, job seekers,
dignitaries, politicians,
lobbyists and campaign
workers seek a night of
grand celebration at the
start of any
Administration’s term.
However, inauguration
festivities usually begin
days before the official
ceremony. Face it, these are
not normal times; the time
to stop partying is at noon,
January 20. That’s when it’s
the moment to get directly
to the people’s business.
The American voter seeks
evidence of real
transformation, not delayed.
Mr.
President-Elect, let’s press
the accelerator toward
genuine change…not just in
Washington, but in American
automotive boardrooms in the
first few hours of your
hopeful term.
Mitch Chester (Published
in Newsvine.com on 10.26.08)
Jack's
Law...Legislation to Allow Restaurant Donations
of Salvageable Food
Innovative ideas that can make
a difference are out there. They just need
recognition. In one case, a significant tool to
combat hunger evolved from the question of an
eleven year old boy from Florida.
Jack Davis, a middle school
student from Miami, was on vacation in
Tennessee. The young man noticed quantities of
left over food after a breakfast buffet at a
hotel. Jack asked a simple, but compelling
question..."What do you do with all of that
food?" He was told good and salvageable food was
thrown away each day, instead of being donated
for consumption by the needy. Why? Concerns
about restaurant liability for donating excess
food.
Such a response upset Jack, as
it does everyone else. He contacted State
Representative Ari Porth of Coral Springs,
Florida, and the result is a pending bill,
entitled the "Florida Restaurant Lending A
Helping Hand Act." The legislation is also
sponsored by Florida State Senator Nan Rich.
According to Senator Rich on
January 11, this innovative legislative effort
"amends provisions regarding liability for
canned and perishable food distributed free of
charge by expanding the definition of
'perishable food' to include foods that have
been prepared at a licensed public food service
establishment. Simply put, the bill will permit
restaurants and other public food establishments
to donate perishable foods to charitable or
nonprofit organizations for the benefit of
persons in need."
The problem of wasted food
stocks is massive. According to Wikipedia, "In
2004, a University of Arizona (UA) study
indicates that forty to fifty percent of US
edible food never gets eaten. Every year $43
billion worth of edible food is estimated to be
thrown away in the US." Some of that staggering
statistic is due to non-consumption of
restaurant food. WasteAge.com, commenting on the
UA study, reported in March, 2004 that
"Americans throw away 1.3 pounds of food every
day, or 474.5 pounds per year."
According to CNN.com in a
story entitled "All About Food Waste," "5
percent of American's leftovers could feed 4
million people for 1 day" and "Disposing of food
waste costs the U.S. $1 billion a year." The
environmental consequences are huge as well. The
CNN report points out that "rotting food
releases methane, a more potent greenhouse gas
than CO2."
Everyone wastes food, but the
problem is often swept under the table cloth and
compounded by establishments which purchase
large quantities of food but waste significant
percentages of what is on-hand for consumer
consumption by simply discarding it into land
fills.
Exiting law, under Florida
Statute 768.136, discusses liability for canned
or perishable food which is distributed free of
charge. It currently provides that a good faith
donor of any canned or perishable foods fit for
human consumption (such as meats, chicken,
seafood, dairy products, bakery products, fruits
and vegetables) shall not be subject to criminal
penalty or civil damages arising from the
condition of the food, unless the injury is
caused by gross negligence, recklessness or
intentional misconduct by the donor.
Jack's proposed law expands
the limited immunity protection to include foods
prepared in "public food services
establishments" licensed as a food service
business by the State of Florida.
Brilliant!
Imagine the sweeping impact of
such a bill, if enacted into law. With over
43,000 licensed public food service
establishment in the State of Florida, literally
tons of unused food that would otherwise be
thrown away could find its way daily to local
homeless shelters, food banks and social service
agencies for distribution on a monthly basis.
Many such charitable services run out of food at
various times of the year. Jack's idea has the
potential to avoid limited food stock
availability to those who need it the most. The
bill creates the opportunity for painless
charitable efforts.
In the Florida Senate, the
bill is number "SB 276." In the Florida House,
the legislation is HB 0099. Senator Rich reports
the Florida Justice Association endorses this
legislative initiative as does the Florida
Restaurant & Lodging Association. The Florida
Senate Regulated Industries Committee was
presented with the idea by Senator Rich on
January 8. After hearing the bill, the Committee
unanimously voted in favor of the measure. It is
moving through the legislative process with
significant backing.
This is a bill we can all
support with enthusiasm. How many times you have
sat at a restaurant and wondered about wasted
food? You pondered what could be done, but
without realistic solutions. Thanks to the
innovation of Jack Davis and the legislators
moving this bill through Tallahassee, there is
now an intelligent answer. The Florida
Legislature can, and should, make Jack's law an
early accomplishment ready for Governor Crist's
signature with all due speed in its upcoming
session.
That's not all, however. Local
governments have an immediate role to play here
once the bill becomes law. Each city and town in
the state should sponsor an incentive program
for restaurant participation to supply food
banks. Those food service providers donating
food can be recognized on governmental web sites
and the publication of annual lists highlighting
those who are making Jack's law a reality at the
community level. Certificates can be issued by
Mayors and Council members to those
establishments who donate the food, in
appreciation of this initiative.
Other states should amend
their laws and sink their teeth into
legislation. Given that hunger silently abounds
in every corner of America, Jack's question, and
answer, should be a national priority.
-Mitch Chester (Published
on Newsvine.com on 1/12/08)
A
renewed
call for
hurricane
mitigation
research
With
Hurricane Dean rushing to
create death and
destruction, efforts to
reduce the strength of
tropical cyclones need to be
advocated...once again.
Each year,
millions of lives are
disrupted...and hundreds
die, from the massive
natural fury of hurricanes,
typhoons and cyclones.
Governments spend untold
millions on forecasting and
relief. As we were again
taught in 2004 and during
the hyper hurricane season
of 2005, vast areas of our
planet continue to be at the
mercy of these incredible
storm machines.
In
October, 2004, Scientific
American published an
article by Ross N. Hoffman.
The theme was how creative
and imaginative scientists
are now discussing, and
feverishly studying, how to
mitigate and at least
partially control
hurricanes. Indeed, pushing
the mega storms to safer
routes and reducing their
intensity seems, for the
first time in human
knowledge, to actually be
possible. Over the next
several decades, technology
might actually be used to
make the hurricane season
less deadly, and far less
damaging.
In the
early '60's, the call of
John F. Kennedy to explore
space and land men on the
moon stirred our
imagination. What resulted
was no less than the triumph
of a visionary idea that
improved civilization.
Earlier, President Truman
started the Marshall Plan
and redeveloped war torn
Europe. In his
administration, President
Nixon heralded a "war on
cancer." Humans have mapped
DNA. Recently, President
Bush has announced a plan to
return to the moon and
ultimately put humans on the
surface of Mars. Now it is
time for the current
administration to announce a
25 year concerted effort to
study, mitigate and
ultimately control,
hurricanes, cyclones and
typhoons. Through a
combination of
multi-governmental and
private funding initiatives,
we can seize on the ideas
explained by Hoffman, and
try to make a safer world
for our children. The
National Oceanic and
Atmospheric Administration (NOAA)
needs a NASA like effort to
focus key resources on
hurricane deflection and
diminishment...now.
As
important as the efforts are
to track storms and measure
their intensity and
development, the U.S. needs
an additional and new
hurricane mitigation
program. Congressional
hearings on the potential
for hurricane mitigation
should be a top priority of
the current Congressional
session. In the wake of
Katrina, the call for
accelerated hurricane
research grew across the
nation, but has been lost in
the headlines. The economic
health, indeed the national
security of our country, is
impacted by hurricane
disasters. There are few
scientific and research
programs such as this
suggested effort that will
help us as a nation, and
filter down with benefits to
local neighborhoods in every
hurricane exposed state. The
potential to help save lives
and property in other
nations is undeniable.
Past
efforts at hurricane
mitigation were not
successful. With the passage
of time, however, the
development of super
computer models and enhanced
understanding of cyclonic
events, it is time to
revisit the potential for
tangible results of reducing
the fury of these
catastrophic events. Imagine
being able to reduce a
Category 5 storm to a
Category 3. There are
private companies studying
this idea, as well as
universities. Government
researchers dream of such a
potential. Let's enable them
to find ways to get the job
done for future generations.
The
magnitude and frequency of
hurricanes is increasing.
Studies show we are
experiencing an up tick in
hurricanes that may last 10
years or longer. Can we
afford to ignore the need to
tackle hurricanes and go
beyond the critical science
of tracking and detection to
reach the next level of
research? Now is the time
for strong leadership to
take the study of hurricanes
to the next dimension.
Hoffman and his associates
need to be taken seriously.
Write your
Congressman, your Senator,
your Governor, your State
Legislators. Talk to your
family, friends and business
associates. Demand greater
hurricane research funding
and a revitalized effort to
control these storms. Let's
create a grass roots drive
to force the discussion of
serious hurricane mitigation
research into the mainstream
of public discourse...not 10
or 30 years from now, but
today.
-Mitch Chester (Published
on Newsvine.com 8/19/07)
Weather warning systems
for all new homes
Little noted around the
nation on April 23,2007 was
an important development in
community safety.
Legislation requiring the
installation of emergency
weather radios in new mobile
homes was signed by Indiana
Governor Mitch Daniels.
Known as "C.J.'s Law," the
requirement is a milestone
in public safety planning.
The law
was a byproduct of a
terrible tornado which
struck southwestern Indiana
in November, 2005. Twenty
five people died, including
a two-year-old boy, C.J.
Martin. Since that horrible
day, Kathryn Martin, his
mother, has advocated public
safety improvements.
According to The
Indianapolis Star, "the law
applies to mobile homes
installed after June 30."
The purpose is to give
residents a warning to seek
shelter when a tornado
threatens. Mrs. Martin
weathered her crushing loss
and helped improve public
safety for years to come by
pushing for this law.
According to a news release
from Governor Daniels,
"She's turned an unthinkable
tragedy into something
positive."
Bravo.
This is an important
development which should be
considered on a wider basis.
All of America needs a
C.J.'s Law. All too often,
mobile homes are ripped
apart by the fury of
tornadoes. But single family
homes, apartment buildings
and condominiums are not
immune to the damage posed
by severe weather. All homes
should be required to have
some form of emergency
warning system for their
inhabitants.
Critics of
weather radios claim they
will be turned off, or
misused. Batteries will not
be replaced, it is argued,
and the radios will be of
little help as the years
pass due to lack of
maintenance. Electricity may
be cut off in advance of
approaching weather fronts,
thus rendering some
emergency warning devices
inoperable. Some pundits
feel requiring weather
radios in new housing is too
much governmental intrusion.
Others wonder how such
devices will help the
hearing-impaired in times of
threat. Comments that
requiring basic radios
without the ability to tune
into specific frequencies
for specific communities
will cause residents to shut
them off if warnings are not
pertinent to them.
Certainly
misuse or neglect of weather
radios is always possible.
No matter what the warning
system, the success of each
effort is dependent upon
personal responsibility.
With all the concerns,
however, one theme stands
out...if requiring these
devices saves lives, they
are worth it.
Some form
of warning device or system
in each residence is needed
as weather turns
increasingly unpredictable.
Recent events in Florida and
Texas where homes were
demolished by tornadoes with
little warning are just the
tip of the iceberg. Over the
years, there are thousands
of demolished homes, and
hundreds of fatalities from
such storms, many of which
could have been avoided with
early warning systems.
Weather
radios need the longest
lasting batteries. They need
blinking lights to be
effective for the deaf.
Special frequencies should
be assigned to specific
regions or counties to make
them relevant to residents
dependent on accurate
warnings. Such radios,
however, are not the only
way to warn people.
Around the
nation, emergency text
messaging by local officials
to individual cell phones is
growing. If placing weather
radios in new housing is not
feasible, all residents
should be given the
opportunity to register
their phones for emergency
alerts. Many municipalities
across the nation already
have in place text alert
infrastructure, and
expansion is needed. Those
who do not have weather
radios or cell phone text
alerts can be warned the old
fashion way, by sirens,
modeled after the old
air-raid warning systems
used during World War II.
Yes, we
have the emergency alert
system on radio and
television. The
effectiveness of such
measures is limited by those
watching television or
listening to radio
broadcasts in this
generation of I-Pods and
satellite radio. We must
supplement the good
intentions of existing
emergency alert strategies
to reach a wider public.
The
message here is clear...it
is time to consider old and
new technologies to give
potential storm victims a
fighting chance to take
cover in the minutes before
tragedy strikes. All
residents, in every kind of
home, should be participants
in government sponsored
emergency alert systems.
Everyone should take a good,
constructive look at some
type of local C.J.'s law.
-Mitch Chester (Published
on Newsvine.com on 5/4/07)
Amend IRS Form 1040 To
Designate Tax Dollars For
Municipal Disaster Funds
Each year,
millions of taxpayers are
given the same option on
their individual IRS
returns. The forms state,
"Presidential Election
Campaign." "Check here if
you, or your spouse if a
joint return, want $3 to go
to this fund" Checking this
option for you or your
spouse designates $3 of your
payable taxes to go to the
Presidential Election
Campaign Fund, which was set
up to help with campaign
finance reform. According to
the "Ernst & Young Tax Guide
2006," checking "yes" does
"not change the tax you pay
or the refund you will
receive."
As we have
witnessed in the early
stages of the 2008
Presidential Campaign,
certain candidates are
foregoing the use of public
financing. The option to
designate your tax dollars
for elections is becoming
less relevant. Why should
this kind of taxpayer option
be limited to election
reform? The option to
designate taxpayer dollars
can serve another, more
fulfilling
purpose...disaster relief
and preparedness.
In the
many reflective moments
Americans have spent
contemplating recent and
upcoming hurricane seasons,
many voices have suggested
the creation of catastrophe
or disaster funds. Since
much of the recovery burden
falls on all levels of
government, it seems only
right that the IRS and the
Congress consider adding a
new check-off box, for just
$1to $3 per tax payer, to
designate that monies will
go to a federally managed
fund to help municipalities
in their efforts to raise
revenues to support local
disaster relief readiness.
The
collected funds could be
distributed to the local
government where the
taxpayer lives, thus
providing an annual
mechanism to build up
emergency relief funds for
use only when a Presidential
disaster declaration is
issued. This would ease the
burden on municipal budgets
which are often ill equipped
to handle the massive and
overwhelmingly expensive
costs of crisis clean up and
relief, and the attendant
uncertainties of federal
reimbursement from the
Federal Emergency Management
Agency.
Providing
an option for taxpayers to
designate $1 of their taxes
to a federally distributed
catastrophe fund, which aids
cities and towns, has the
potential to raise millions
of dollars each year. When
disaster stays away, the
funds, which would be
protected by federal law (so
they are not used for other
needs) could speed up
municipal responses to
disasters and help insure
fiscal integrity in the face
of future hard times.
In other
words, we can all
participate in a painless
and relatively easy national
savings account for local
disaster response.
-Mitch Chester (Published
on Newsvine.com on 5/4/07)
An Open
Letter to Governor Charlie Crist on Climate
Change
Dear Governor
Crist:
With the
release of the
Intergovernmental Panel on
Climate Change report and
rising public concern, the
issue of global warming and
climate change requires
immediate action. Your
advocacy to address this
topic is crucial, and cannot
wait. Please consider the
following agenda to raise
public understanding of the
serious threat rising seas
pose to the coastline of the
Sunshine State:
Establish
a Florida Climate Change
Commission to report on the
progress made by
municipalities, counties and
state government in
establishing legislation and
policies aimed at reducing
greenhouse gas emissions.
The Commission would also
identify and recommend ideas
to involve private
businesses in the effort to
mitigate the effects of
climate change.
Work with
counties, towns and other
municipalities to draft and
promote local ordinances and
regulations to effect
constructive change in
building and zoning rules to
promote "green" buildings
and carbon neutral land use.
Encourage
all Florida mayors to sign
the U.S. Mayors Climate
Protection Agreement and
follow through to insure
reasonable compliance with
the pact.
Immediately and publicly
urge all local governments
to adopt climate friendly
policies, including programs
to promote the retrofitting
of buildings and
developments to achieve
carbon reductions.
Create
incentives for builders and
developers to voluntarily
embrace "green building
standards" in all new
construction.
Hold an
annual Florida State Climate
Change convention with
scientists, public officials
and the public to discuss
current global warming
mitigation strategies and
action plans.
Encourage
additional legislative tax
incentives for individuals,
partnerships and
corporations to reduce
greenhouse gas emissions.
Invigorate
State government agencies to
further act proactively in
meeting the challenges posed
by global warming.
Create
Florida research grants to
universities and colleges to
fund climate change
mitigation research and
development.
Fund
scholarships for students
who demonstrate substantive
and creative insight into
the challenge of dealing
with global warming, in the
fields of architecture,
construction, meteorology,
ecology and other
disciplines that impact our
carbon emission society.
Establish
an annual "Governor's
Climate Change Award" for
the most innovative Florida
idea, policy or initiative
focused on climate change.
Create an
immediate task force on
ocean intrusion for the
formulation of strategies,
ideas and policies on how to
divert water and protect
coastal areas from the
threat of rising seas.
Advocate
and promote a fresh look at
environmentally friendly
public transportation
opportunities across the
state. Encourage the use of
solar energy to create clean
electricity.
Work with
public utilities to adopt
programs such as the Pacific
Gas & Electric "ClimateSmart,"
program, which allows
electricity consumers
voluntary participation in
meaningful climate change
protection.
Encourage
funding and philanthropic
efforts for more local "Open
Space" programs to preserve
trees and agricultural
areas, and to promote
replanting of trees.
Broaden
the mission of the Florida
Department of Environmental
Protection to encompass the
challenges posed by climate
change.
Establish
your own web based community
forum on climate change and
global warming as it affects
Florida.
Research
the use of sea-based wind
turbines for the generation
of electricity. With recent
breakthroughs in
transmission and turbine
technology, wind power can
be a reported 70 percent
cheaper to generate than
even solar power.
Establish
tax credits to encourage
home based turbines to
generate electricity. Join
Wisconsin, Pennsylvania,
California, Massachusetts,
New York, Ohio and New
Jersey in promoting
financial incentives for
residential wind power
technology.
As our new
Governor, you have captured
the imagination of the
public with initiatives on
many important issues.
Please add climate change to
the list, so Florida can set
a nationwide example of
sensible activism on this
critical concern.
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