Over a year ago, Gov. Rick Scott announced the appointment of Carlos Beruff as chairman to the Florida Constitution Revision Commission. The CRC convenes every 20 years to review Florida’s Constitution and propose potential changes to be approved by Florida voters. The public might expect a public servant serving as CRC chair to hold deep respect for constitutional values, including free speech. But a lawsuit filed by Beruff in July 2017 indicates otherwise.

Beruff’s business tort and defamation claims have to do with his Waverly development, which was approved by the Sarasota County Commission in the fall of 2014. Sarasota residents may remember the controversy around approving residential construction amid the Foxfire landfills.

The Foxfire (aka Sugarbowl or Proctor Road) landfills were unlined landfills actively used for dumping for decades (from the ’40s until 1972). The dumps were redeveloped into golf courses, which opened in 1975. Those golf coursed were closed in 2006 when a developer, Barry Spencer, bought the property for $3.6 million. It was reported that environmental contamination was a reason cited by the buyer for closing the links.

Residential development was denied in 2013 on the same properties, and environmental concerns were the primary reason. Scores of concerned residents attended that rezone hearing. Unsuccessful in securing the residential rezone, Mr. Spencer then sold the property to Carlos Beruff. Mr. Beruff, a prolific campaign donor, applied for a residential rezone for the same land in 2014 and it was granted, despite scores of concerned citizens showing up once again to oppose residential development amid the Foxfire landfills.

John Garcia has been a leader in voicing concern about residential development among the Foxfire landfills. His concerns are well-documented, and he is fastidious in his follow up with government agencies, which must be annoying if you want questions about contamination to just go away.

Developer Carlos Beruff filed a lawsuit against John Garcia for damages in excess of $1 million dollars, claiming defamation and that his business has been harmed by Garcia. Beruff’s complaint alleges Garcia contacted specific buyers who had contracted to buy homes in Waverly, but after contact with Garcia changed their minds. Garcia says he has never met with nor contacted Waverly customers.

At the pre-trial hearing on April 10, the attorney standing with Garcia told the court that the plaintiff has provided no discovery. Seems it would be a simple thing to document these buyers who had written contracts and walked away.

On their website, Waverly is offering free pools to buyers. Would potential buyers want a pool if they understood the digging would disturb soils at risk for contamination? Do Waverly buyers understand what took place at the property before?

Getting back to free speech, by all appearances Mr. Garcia’s concerns are an attempt to advocate for his current and future neighbors’ health and welfare. As Mr. Beruff is leading our Constitutional Revision Committee, initiating a potential SLAPP lawsuit (SLAPP = Strategic Lawsuit Against Public Participation) is inconsistent with constitutional values. Mr. Beruff might consider that caveat emptor applies to him as well as his customers. When you buy potentially contaminated land and build homes on it, you might not be able to sell them.

Cathy Antunes is host of "The Detail" on WSRQ.