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Is growth management in South Florida a lost cause?

Monday, September 14th, 2009 by Michael C. Bender
Looking North between Military Trail and Alt. A-1-A in Palm Beach County in this 2005 photo. (Lannis Waters/The Palm Beach Post)

Looking North between Military Trail and Alt. A-1-A in Palm Beach County in this 2005 photo. (Lannis Waters/The Palm Beach Post)

Joyce Tarnow, president of Floridians for a Sustainable Population, thinks so.

Tarnow called a press conference this afternoon to ask Gov. Charlie Crist and the Florida Cabinet to postpone their decisions on any comprehensive plan changes until voters decide on the so-called Hometown Democracy constitutional amendment in November 2010. The amendment would require comp plan changes to be approved by votes.

Tarnow said the amendment was essentially to save what’s left of Central and North Florida.

“Some people of South Florida say, ‘It’s too late. Everything is already gone,’” she said. “But the Treasure Coast, north-central Florida, northeast Florida - there are a lot of places that still have a lot to lose.”

Asked about that sentiment, 1000 Friends of Florida President Charles Pattison said, “We don’t agree with that.”

(more…)

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Hometown Democracy clears final ballot hurdle

Thursday, July 9th, 2009 by Dara Kam

It’s taken seven years and as many court challenges, but the Florida Supreme Court today cleared the way for the Hometown Democracy proposed constitutional amendment to be on next year’s November ballot.

The court at last accepted that the cost of the citizens initiative, the brainchild of West Palm Beach land use lawyer Lesley Blackner and Tallahassee lawyer Ross Burnaman, is “indeterminate.”

The proposal would require that citizens approve changes to local comprehensive growth management plans before they can go into effect.

Two previous financial estimates conducted by state economists predicted the change would cost “millions of dollars” statewide, a premise the court rejected because that assumed that local governments would schedule special elections for the comp plans referenda.

Critics, including the Florida Chamber of Commerce and business-backed associations, of the Hometown Democracy initiative charge that the proposal will effectively halt growth around the state. They’ve got their own ballot initiative that would require allow voters to challenge comp plan amendments - but only if 10 percent of affected voters sign petitions at the local supervisors of elections office within 60 days of the changes being approved by local governments.

That proposal is still hundreds of thousands signatures short of the required 676,811 needed by Feb. 1 to get on the ballot.

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Cities file lawsuit over controversial growth management bill

Wednesday, July 8th, 2009 by Dara Kam

A coalition of cities filed a lawsuit against Gov. Charlie Crist and the leaders of the House and Senate over a controversial growth management bill.

The suit charges that SB 360, which eliminates the requirement that roads must be built before development can occur, creates an “unfunded mandate” by forcing local governments to foot the bill for infrastructure like roads.

The lawsuit was filed in Leon County by Jamie Cole, the lawyer who won a lawsuit against the legislature last year over a property tax amendment. The Florida Supreme Court tossed the legislature’s proposed amendment, spurring a special session that resulted in “Amendment 1,” which voters approved.

Read today’s lawsuit here.

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Hometown Democracy certified for 2010 ballot

Monday, June 22nd, 2009 by Dara Kam

After more than five years, the Hometown Democracy initiative will finally go before voters statewide on next year’s 2010 ballot.

The proposed constitutional amendment, the brainchild of West Palm Beach lawyer Lesley Blackner, would give voters the final say over changes to their local comprehensive growth plans, decisions currently made by county and city commissions.

The Florida Chamber of Commerce and other business-backed organizations have waged an intense campaign to keep what they call the “Vote on Everything” initiative off the ballot, successful thwarting it from appearing in 2008.

But today’s certification by the Department of State means it certainly will be on the November ballot next year.

Read more about the growth management crusade here.

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Ruling sets stage for battle over growth

Thursday, June 18th, 2009 by Dara Kam

Florida voters will probably face a major decision in 2010 about future development now that backers of a proposed constitutional amendment have won a major court victory.

But the battle over growth, whether at the ballot or in the courts, is far from over.

The Florida Supreme Court on Wednesday struck down a law that let residents revoke their signatures on constitutional amendment ballot petitions. The ruling clears the way for the Hometown Democracy initiative to get on the ballot next year.

The amendment would require that all changes to a city or county long-term growth plan be approved by voters.

“I personally don’t think it’s that radical, but it does go to the heart of the developer power which has the ability to get what they want from city and county commissions,” said Palm Beach lawyer Lesley Blackner, co-author of the proposal. She has spent almost six years and nearly $1 million of her own money to get the initiative on the ballot.

Opponents, including the Florida Chamber of Commerce, persuaded the legislature to pass the signature-revocation law specifically to try to thwart Hometown Democracy. They warn that the amendment would cause a permanent recession by halting development.

The high court has not yet issued a written opinion outlining the reasons for its 4-2 decision. But it upheld an appellate court ruling that found the signature-revocation law unconstitutional.

Now, voters may face a virtual Pandora’s box of ballot proposals for 2010.

Floridians for Smarter Growth, backed by the Florida Chamber of Commerce, is considering a counter-initiative. It would let residents vote on a growth-plan change only if 10 percent or more of a community’s registered voters signed a petition.

Meanwhile, the business-backed group Save Our Constitution, funded mainly by Associated Industries of Florida, wants to get an amendment on the ballot that would allow voters to put signature revocation into the constitution.

The competing ballot items are likely to yield one of the nastiest constitutional amendment showdowns in recent history.

“Hometown Democracy is essentially a proposal to freeze the status quo in place. … To say this is an economic catastrophe is probably a gross understatement,” said Ryan Houck, executive director of Floridians for Smarter Growth. “We believe this proposal is so bad for Florida’s economy that we will run a full-on campaign to defeat it at the polls.”

Associated Industries CEO and President Barney Bishop said his group is awaiting the Supreme Court’s formal opinion before deciding whether to ask for a rehearing.

Blackner and her supporters “were unabashed in their willingness to do anything and everything to get this on the ballot,” Bishop said. “But just be prepared. We’re going to use the same tactics they did. So better sleep with one eye open. ‘Cause we’re coming at you.”

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