Florida Hometown Democracy Land Use Initiative (2010)
From Ballotpedia
The Florida Hometown Democracy Land Use Initiative is headed to the November 2, 2010 ballot in Florida as an initiated constitutional amendment to the Florida Constitution. The initiative proposes to require voter approval of all changes to local comprehensive land-use plans, in order to "give voters more say over development."[1] Currently, county and city commissioners make land-use decisions.[2]
The initiative will appear as Amendment 4 on the November ballot. In order to pass the amendment needs at least 60% of the total votes. On June 17, 2009 the Florida Supreme Court tossed out a challenge and on June 22nd the Florida Division of Elections certified the amendment.[3]
Background
In 2008, supporters of the initiative were unable to get the Florida Referendum for Land Use (2008) on the ballot. A 2007 state law allowed residents to revoke collected signatures thus thwarting their efforts. Florida Hometown Democracy president Lesley Blackner and co-author of the petition, Ross Burnaman, sued to overturn that law. A decision has yet to be made by the Florida Supreme Court. On June 8, however, Burnaman filed a motion asking the justices to expedite their decision.[2]
The Florida Court of Appeals struck down the revocation on April 23, 2008, however, the state appealed to the Florida Supreme Court. The Supreme Court heard the case, Florida Hometown Democracy v Browning, on January 8, 2009.[4]
Signatures
As of June 8, 2009 supporters have collected 691,896 signatures. In order to add the question to the 2010 state ballot 676,811 verified signatures must first be collected, according to state signature requirements.[2]
However, the signatures may be lost, should the state Supreme Court rule to uphold the 2007 law. The group would be 150 signatures short. If the revocation isn't counted then the group has enough signature to move the initiative towards the 2010 ballot.
Despite the court's ruling the group still fears losing the required signatures. The Florida Constitution gives initiative signatures a four-year shelf life. The group originally began its petition June 22, 2005. If the court does not issue it's decision before June 22nd, the group could very well lose its signatures. "In effect, this court's failure to expeditiously decide this case has the unintended consequence of diminishing a fundamental constitutional right," said Burnaman.[5]
Support
The initiative is supported by the leaders of Florida Hometown Democracy. "Mismanaged growth destroys communities," said group president Blackner.[1]
Political columnist Ron Littlepage wrote in The Florida Times-Union: "In other words, legislators have pretty much given free rein to developers to continue building; quality of life and the state's natural resources be damned, even though there are currently 300,000 homes in Florida sitting empty." Littlepage noted that "direct democracy on land use changes may be the only way to promote smart growth in Florida."[6] Groups that endorse Amendment 4:
Alliance To Protect Water Resources, Inc. Big Bend Biofuels Clean Water Action Clean Water Network of Florida Coalition of Concerned Citizens Concerned Citizens of Flagler Beach Concerned Citizens of Wakulla Concerned Friends of Fernandina Conservation Alliance of St. Lucie County Control Growth Now Corridor 44 Civic Association Eagle Crest Civic Association East Polk Government Watch Committee, Inc. Eastern Surfing Association - Palm Beach County District Eco-Action, Inc. Environment Florida Environmental Confederation of Southwest Florida, Inc (ECOSWF) Environmental Council of Volusia - Flagler Counties Eric Fricker - (past) Vice Mayor, City of Cocoa Beach EverGreen, the Tree Treasurers of Charlotte County F.E.A.R., Inc. (Floridians for Environmental Accountability and Reform) Flagler Beach Environmental Preservation Council, Inc Florida Bi-Partisan Civic Affairs Group Florida Consumer Action Network Florida Native Plant Society, Pinellas Chapter Florida Open Beaches Foundation,Inc. Florida Panther Society Florida PIRG - Florida Public Interest Research Group Florida Wildlife Federation Floridians for a Sustainable Population Four Lakes Homeowners Association Friends Of The Everglades, Inc. Glen Springs Preservation Association, Inc. Richard J. Grosso, Esq. Hammock Estates HOA of Sebring, Inc. Howell Estates Homeowners Association Indian River Neighborhood Association Legal Environmental Assistance Foundation Lehigh Acres Watchdog, Inc. Levine, Herbert L. Martin County Conservation Alliance McRoberts, June Myjak, Michael National Humane Society Native Plant Society - PawPaw Chapter Osteen Preservation Society Panhandle Citizens Coalition Pegasus Foundation People For Good Government Pinellas Chapter of the Florida Native Plant Society (Pinellas) Park Royale Home Owners Association Samsula And Volusians for our Environment, Inc. Sarasota Audubon Society, Inc. Save Brevard Save Our Florida Save Our Wetlands Coalition Save The Manatee Club Sierra Club of Florida St. Lucie Audubon Society Student Environmental Association Sumter Citizens Against Irresponsible Development Sumter Citizens Against Polluting the Aquifer Surfrider Foundation - Palm Beach County Chapter Surfside Town Commission Swiss Village Park Taxpayer Action Group (TAG) Richard Valuntas, Esq. Wildwood Preservation Society Wetlands Alert, Inc. Wilcox Nursery
Opposition
The Florida Chamber of Commerce, other industry groups and 1,000 Friends of Florida environmental group said that they "strongly oppose" the initiative. They argue that if the intiative is accepted it could mean a "permanent recession for Florida's economy."[7]
In response to the initiative, some Floridians have started a campaign, Floridians for Smarter Growth. The group proposes a different take on the currently proposed Smarter Growth Land Use Initiative; to require voter approval of changes to local land-use plans only if 10 percent of local voters sign a petition calling for the referendum.[1]
See also
- Florida Hometown Democracy v. Browning
- Business regulation ballot measures
- Florida judges strike signature law, freeing development initiative
- Dueling development initiatives push forward in Florida
References
- ↑ 1.0 1.1 1.2 The Tampa Tribune,"2010 referendum on growth management developing," June 6,2009
- ↑ 2.0 2.1 2.2 Palm Beach Post,"Anti-development 'Hometown Democracy' amendment has enough signatures for 2010 ballot, supporters say," June 8,2009
- ↑ The West Volusia Beacon,"Hometown Democracy referendum makes the ballot," June 26, 2009
- ↑ Ballot Access,"Florida Hometown Democracy Initiative Appears to Qualify, but Distribution Requirement Plus Signature Revocations Could Derail It," June 8,2009
- ↑ The Associated Press,"Hometown ballot measure might lose signatures," June 8,2009
- ↑ The Florida Times-Union,"Floridians need more say in development decisions," May 21,2009
- ↑ Highlands Today,"Hometown Democracy expected on 2010 ballot," June 9,2009
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