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Bird-defending Audubon chapter defeats Florida development planned by nation’s largest homebuilder

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Since the 1880s we’ve referred to dopey people as birdbrains. I contend it’s a misnomer. Birds are actually pretty smart — think about how far they migrate without any access to maps or GPS! I think the people who like birds are pretty smart too.

Exhibit A of my argument would be what the Sarasota Audubon Society has accomplished in defending a bird sanctuary called the Celery Fields. A piece of property next door was targeted for development by the nation’s largest homebuilder, D.R. Horton, but the Audubon folks didn’t chicken out. They took them on and won.

“Sarasota County again rejects D.R. Horton development near Celery Fields,” the Sarasota Herald-Tribune reported last week.

The decision wasn’t even close, either — a 5-0 vote by the Commissioners to tell the big homebuilder to go home.

I was so intrigued by what happened that I contacted the Sarasota Audubon folks. I wound up talking to their President and their attorney.

“I saw this as the wrong development on the wrong piece of land in the wrong place,” the attorney, Susan Schoettle, told me.

The President, Sara Reisinger, explained their success even more concisely.

“This property floods,” she told me. “After (Hurricane) Debby, it was under 3 feet of water.”

Still, getting a Florida government agency to reject a major homebuilder is what the ornithologists would call “a rara avis.”

Suckered in Sarasota

Many Florida towns have oddball origin stories. The Panhandle hamlet of Two Egg got its name from a local store where the poor residents bartered for goods. Central Florida’s Nalcrest was built by retired postal workers from the National Association of Letter Carriers. Sweetwater in South Florida was populated by a troupe of Russian circus midgets. Sarasota was settled by a bunch of Scotsmen who got suckered into buying lots in a town that hadn’t been built yet.

“When the steamer ship that brought them to Florida arrived at its destination in 1885, “the colonists gathered to see their new home but could not find it,” the Sarasota History Alive website reports. “There was not a sign of a town anywhere up or down the coast. It was then that the colonists found out that the Town of Sarasota just existed on a map.”

By the mid-1900s, Sarasota really WAS on the map. It became nationally known as the winter quarters of the Ringling Brothers and Barnum & Bailey Circus. The Oscar-winning 1952 circus movie “The Greatest Show on Earth,” starring Charlton Heston and Jimmy Stewart, was filmed there.

Sarasota has come a long way since those days. It’s now known for its culture and sophistication, with operaballet and multiple theater companies. In Sarasota, the circus is now confined to the Ringling Museum and the occasional political shenanigan.

Sarasota has plenty of environmental attractions, too, from acclaimed Siesta Beach to majestic Myakka River State Park.

And that includes the Celery Fields.

Swamp to celery to swamp again

Sarasota’s most influential early resident was Bertha Palmer, wife of millionaire Potter Palmer and the woman many called “the Queen of Chicago.”

When she bought more than 100,000 acres of land in Florida in the early 1900s, she had lots of ideas about turning swamps into farms — including one parcel for growing celery.

In 1995, though, Sarasota County bought the Celery Fields with an eye toward a different use for the land: turning it back into a swamp. The county acquired the 400-acre parcel “primarily for stormwater management purposes to intercept and store upstream runoff from the largely undeveloped watersheds north and east during extremely heavy rain events, thereby to prevent downstream flooding,” former Sarasota County administrator John Wesley White told me.

Then someone hatched the notion that the Celery Fields could also be for the birds both local and migratory.

“The idea of the Celery Fields becoming a bird rookery and nature park only occurred after we started excavating the site to create more storage capacity,” White added. “It has become a popular draw for those purposes.”

County officials worked with Audubon to restore about 100 acres to resemble the wetlands that existed before Mrs. Palmer came along. The property is edged by oaks, willows, and pines, and the county built a pair of boardwalks to accommodate visitors. Audubon has counted more than 240 kinds of birds that use the site originally intended just for stormwater.

“It’s an incredible example of a dual-purpose facility,” Reisinger told me.

Sarasota Audubon folks love the Celery Fields so much they built their $1 million nature center there. You could say they’ve nested there. The nature center is open from October to May to accommodate Sarasota’s snowbirds.

The staff and volunteers hold regularly scheduled hikes. It’s become a major eco-tourist destination, attracting 130,000 visitors a year from all over the world.

But then D.R. Horton swooped in, ready to ruin things by building a bunch of houses next door.

Strike one

Builders are having a tough time these days. They’re reeling from a presidential one-two punch: his tariffs on steel, copper and lumber has driven up the costs of building materials, and his crackdown on immigration has chased away lots of their employees.

Nevertheless, D.R. Horton marched into a Sarasota County planning and zoning meeting a year ago with big plans, seeking to rezone a 50-acre ranch.

They wanted to change it from “open use rural,” which allows one unit per 10 acres, to “residential single family,” which allows 3.5 units per acre. That way they could build 170 houses.

More than 100 people flocked to the meeting, a crowd that the Herald-Tribune described as “mostly middle-aged and older residents, fed up with what they see as rampant over development.”

The developers’ land-use attorney, Charles “Charlie” Bailey III, crowed that the Horton project would create more wildlife habitat than what was on the existing ranchland. Feel free to roll your eyes about that claim. I sure did.

He also pointed out that the developers had met with Sarasota Audubon officials to discuss their objections to the project. Reisinger confirmed that such a meeting happened. But she also said that Audubon’s objections didn’t suddenly fly away because of the meeting.

“We were very adamant right from the beginning that this was not a suitable site for development,” Reisinger told me.

While the county’s land-use plan would allow this kind of project to be built, Schoettle told me, it fails to meet a major condition included in county rules.

“The development has to be compatible with the adjacent land uses,” Schoettle explained. “D.R. Horton knew when they entered into a contract to buy the land that it was next to the Celery Fields bird sanctuary.”

In the end, the planning and zoning committee agreed. They voted 4-3 to tell Commissioners to keep the zoning the way it was, no matter what D.R. Horton wanted.

In February, the developers tried again.

Strike two

This time, they attempted to egg the County Commissioners on to reject the committee’s recommendation. Bailey characterized their prior defeat as the developer having “received some meaningful feedback,” which I think belongs in the Putting a Positive Spin on Bad News Hall of Fame.

Now D.R. Horton wanted to build 126 units. The project was the same turkey, just smaller.

“We hope that you’ll see the great effort that D.R. Horton went into to ensure that this property is done the right way,” Bailey said.

Five hours of comments followed, with 61 speakers ranging from a 9-year-old girl to a 90-year-old retiree. I watched the video. Not a single person piped up in favor of D.R. Horton’s Plans.

People talked about everything from the impacts on the Celery Fields’ nesting and migratory habitat, to the economic impact of losing such an important eco-tourism site, to D.R. Horton’s horrible national reputation for building bad homes.

Plenty of bird fans squawked about the dire consequences of approving the rezoning. But the lineup of opponents recruited by Sarasota Audubon also included a stormwater expert, a landscape architect and even an urban planner, all of whom talked in detail about how inappropriate this development would be on that site.

One of the speakers, retired New College environmental science instructor Jono Miller, pointed out that the property was listed as flood-prone by both the state and federal government.

He questioned where the water from Hurricane Debby would have gone if Horton had already built its 126 houses there.

The County Commissioners, after a brief discussion, voted Horton’s rezoning request down 5-0.

Their two defeats led D.R. Horton to take an unorthodox step.

Strike three

This time, the company was the one that squawked. It filed a complaint through the Florida Land Use and Environmental Dispute Resolution Act. It’s designed to provide a speedier resolution than just suing.

The act allows property owners to seek arbitration if they feel a local development decision “unreasonable or unfairly burdens” them. That arbitration effort brought them back before the Commission last week with a brand-new proposal.

Now, Bailey told the Commissioners, D.R. Horton wanted permission to build a mere 85 homes on that soggy property.

Bailey promised there would be no streetlights to spook the birds. And he said his clients would install flood protection measures that would be more stringent than what the county usually required.

The bird fans came loaded for bear.

“This would be our only opportunity to talk to the board about their decision, so we showed up with 10 people who spoke for three minutes each,” Schoettle told me. “We reminded them why this was a bad idea and they should reject it. They did.”

The Commissioners’ 5-0 vote marked a third strike for the mighty Horton, which went down swinging just like “Casey at the Bat.”

The reason was simple, one Commissioner said: “I mean, this is a flood plain.”

Next step

Reisinger told me Audubon’s triple victories were “shocking.” She’s right.

But they’re also instructive for anyone going through something similar. If you’re trying to preserve your slice of Florida paradise from the runaway growth that’s wrecking a lot of special places around the state, then you need to imitate the Sarasota folks like you’re a mockingbird.

The lessons are: Be organized, know how land-use law works, keep your emotions in check as you focus on your goal, present photos showing the downside of the development and use subject-matter experts to testify.

Property rights are fine, but “there is no right to a rezoning,” Schoettle reminded me.

I asked Miller why the Sarasota Commissioners — each one a self-described fan of property rights — were uniformly opposed to D.R. Horton’s rezoning.

“Our latest County Commission is generally more willing to say no than the previous version,” he told me (so remember that come election time). He also said it’s a sign of the “general awareness that citizens have had it with growth.”

He also credited “better than average organizing” by the Audubon opponents, using “dramatic images” of the site being flooded last year.

Although the Sarasota Audubon folks have won three times, they’re under no illusion that they have triumphed permanently. Like a mama bird preparing to fight off a persistent predator, they’re ready for rounds four, five and six.

But they have come up with a possible solution, one that would allow the current owner of the property to get a profit from selling it.

Just not to D.R. Horton.

“We’d like to see the county purchase it,” Schoettle told me. “It would be a useful addition to the Celery Fields.”

Wouldn’t that be a wonderful conclusion to this birdbrained story? I hope it happens. For the Audubon folks, that would be a real feather in their caps.

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Reporting by Craig Pittman. Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: [email protected].



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Carlos G. Smith files bill to allow medical pot patients to grow their own plants

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Home cultivation of marijuana plants could be legal under certain conditions.

Medical marijuana patients may not have to go to the dispensary for their medicine if new legislation in the Senate passes.

Sen. Carlos G. Smith’s SB 776 would permit patients aged 21 and older to grow up to six pot plants.

They could use the homegrown product, but just like the dispensary weed, they would not be able to re-sell.

Medical marijuana treatment centers would be the only acceptable sourcing for plants and seeds, a move that would protect the cannabis’ custody.

Those growing the plants would be obliged to keep them secured from “unauthorized persons.”

Chances this becomes law may be slight.

A House companion for the legislation has yet to be filed. And legislators have demonstrated little appetite for homegrow in the past.



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Rolando Escalona aims to deny Frank Carollo a return to the Miami Commission

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Early voting is now underway in Miami for a Dec. 9 runoff that will decide whether political newcomer Rolando Escalona can block former Commissioner Frank Carollo from reclaiming the District 3 seat long held by the Carollo family.

The contest has already been marked by unusual turbulence: both candidates faced eligibility challenges that threatened — but ultimately failed — to knock them off the ballot.

Escalona survived a dramatic residency challenge in October after a rival candidate accused him of faking his address. A Miami-Dade Judge rejected the claim following a detailed, three-hour trial that examined everything from his lease records to his Amazon orders.

After the Nov. 4 General Election — when Carollo took about 38% of the vote and Escalona took 17% to outpace six other candidates — Carollo cleared his own legal hurdle when another Judge ruled he could remain in the race despite the city’s new lifetime term limits that, according to three residents who sued, should have barred him from running again.

Those rulings leave voters with a stark choice in District 3, which spans Little Havana, East Shenandoah, West Brickell and parts of Silver Bluff and the Roads.

The runoff pits a self-described political outsider against a veteran official with deep institutional experience and marks a last chance to extend the Carollo dynasty to a twentieth straight year on the dais or block that potentiality.

Escalona, 34, insists voters are ready to move on from the chaos and litigation that have surrounded outgoing Commissioner Joe Carollo, whose tenure included a $63.5 million judgment against him for violating the First Amendment rights of local business owners and the cringe-inducing firing of a Miami Police Chief, among other controversies.

A former busboy who rose through the hospitality industry to manage high-profile Brickell restaurant Sexy Fish while also holding a real estate broker’s license, Escalona is running on a promise to bring transparency, better basic services, lower taxes for seniors and improved permitting systems to the city.

He wants to improve public safety, support economic development, enhance communities, provide more affordable housing, lower taxes and advocate for better fiscal responsibility in government.

He told the Miami Herald that if elected, he’d fight to restore public trust by addressing public corruption while re-engaging residents who feel unheard by current officials.

Carollo, 55, a CPA who served two terms on the dais from 2009 to 2017, has argued that the district needs an experienced leader. He’s pointed to his record balancing budgets and pledges a residents-first agenda focused on safer streets, cleaner neighborhoods and responsive government.

Carollo was the top fundraiser in the District 3 race this cycle, amassing about $501,000 between his campaign account and political committee, Residents First, and spending about $389,500 by the last reporting dates.

Escalona, meanwhile, reported raising close to $109,000 through his campaign account and spending all but 6,000 by Dec. 4.

The winner will secure a four-year term.



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Florida kicks off first black bear hunt in a decade, despite pushback

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For the first time in a decade, hunters armed with rifles and crossbows are fanning out across Florida’s swamps and flatwoods to legally hunt the Florida black bear, over the vocal opposition of critics.

The state-sanctioned hunt began Saturday, after drawing more than 160,000 applications for a far more limited number of hunting permits, including from opponents who are trying to reduce the number of bears killed in this year’s hunt, the state’s first since 2015.

The Florida Fish and Wildlife Conservation Commission awarded 172 bear hunt permits by random lottery for this year’s season, allowing hunters to kill one bear each in areas where the population is deemed large enough. At least 43 of the permits went to opponents of the hunt who never intend to use them, according to the Florida chapter of the Sierra Club, which encouraged critics to apply in the hopes of saving bears.

The Florida black bear population is considered one of the state’s conservation success stories, having grown from just several hundred bears in the 1970s to an estimated more than 4,000 today.

The 172 people who were awarded a permit through a random lottery will be able to kill one bear each during the 2025 season, which runs from Dec. 6 to Dec. 28. The permits are specific to one of the state’s four designated bear hunting zones, each of which have a hunting quota set by state officials based on the bear population in each region.

In order to participate, hunters must hold a valid hunting license and a bear harvest permit, which costs $100 for residents and $300 for nonresidents, plus fees. Applications for the permits cost $5 each.

The regulated hunt will help incentivize maintaining healthy bear populations, and help fund the work that is needed, according to Mark Barton of the Florida chapter of Backcountry Hunters and Anglers, an advocacy group that supported the hunt.

Having an annual hunt will help guarantee funding to “keep moving conservation for bears forward,” Barton said.

According to state wildlife officials, the bear population has grown enough to support a regulated hunt and warrant population management. The state agency sees hunting as an effective tool that is used to manage wildlife populations around the world, and allows the state to monetize conservation efforts through permit and application fees.

“While we have enough suitable bear habitat to support our current bear population levels, if the four largest subpopulations continue to grow at current rates, we will not have enough habitat at some point in the future,” reads a bear hunting guide published by the state wildlife commission.

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Republished with permission of the Associated Press.



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