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Tampa Tribune LTE, January 16, 2008

This Is No Way To Fix Growth Management

Here is the bottom line: Hometown Democracy is too extreme and, if passed, will ultimately result in a costly, ineffective attempt to address Florida's growth issues.

Nearly every local government comprehensive plan amendment will be sent to ballot, forcing Floridians (many uninformed) to vote on thousands of land-use decisions every year.

This is not just a "developer" issue. If Hometown is passed, many segments of the community will be negatively affected. Even well-respected, moderate environmental groups such as the Florida Audubon Society and 1000 Friends of Florida have recognized the Hometown would potentially result in piecemeal planning, create additional sprawl and result in high-priced media popularity contests in which no one wins.

Instead of providing a viable solution to rapid growth, Hometown Democracy will increase the current growth struggles at a much higher cost. Nearly any financial expert will confirm that the initiative's costs will be severely debilitating to both local and state governments, the economy, and the public.

As with any regulation or law, imperfections exist with the implementation of the current Florida growth management laws. What began as the important goal of requiring local government to assemble and adopt comprehensive land use plans has not turned out so well in certain cases. Some local government jurisdictions have done a terrific job implementing the policies, thinking through the important questions and long-term effect on their communities to achieve a responsible development plan. Others have not for a variety of reasons. However, the proposed amendment will deeply erode private property rights as voters near and far will exercise veto power over landowners' and local governmental officials decisions, without the appropriate level of education and due process.

Another big question looming - and so far unanswered by Hometown Democracy supporters: How much will this cost Floridians? Local government budgets, already bursting at the seams, will have to deal with even more uncertainty in the planning process, as well as losing the protections of a system which allows providing much-needed development or programs, though they may not be "popular" with a few citizens. This will mean less money for basic municipal services and decreases in jobs and productivity. Think about the magnitude of tax dollars which will be spent defending lawsuits. While the "concept" may sound great, the devil is in the details. As you well know, citizens will bear the ultimate cost, both in dollars and quality of living.

We should never stop improving Florida's Growth Management System. But under Hometown Democracy, things will get far worse, not better. I agree with DCA chief Tom Pelham when he was quoted as saying "Hometown Democracy is a draconian approach that would create very real problems."

Marilyn Healy is a partner with the law firm of Ruden McCloskey specializing in real estate, land use, general corporate, regulatory and administrative law.