(return to media page)


Naples Daily News, December 21, 2008

And then there were two

Michael Peltier: And then there were two

By MICHAEL PELTIER

Sunday, December 21, 2008

TALLAHASSEE � Following a split vote by the state�s highest court, a second and competing proposed constitutional amendment limiting comprehensive plan amendments could now face Florida voters in 2010.

By a 4-3 margin, the Florida Supreme Court last week approved ballot language offered by Orlando-based Floridians for Smarter Growth that would require a referendum on local comprehensive plan amendments only if at least 10 percent of voters request such action.

The business and builder-backed group was formed to counter another petition initiative from Florida Hometown Democracy that would require voters to approve all comprehensive plans and plan amendments.

Smarter Growth must now decide whether to gather the additional 250,000 verified signatures needed to put the issue before voters. That will depend in large measure on what happens within Florida Hometown Democracy, which is now shooting for 2010 after missing a deadline earlier this year to put their issue before voters in November.

The Smarter Growth proposal set off a flurry of debate among justices, with three of them saying the ballot summary misleads voters by implying the proposal gives them the right to vote on amendments when it gives them only a limited opportunity to do so.

Backers led by Justice Charles Wells said the ballot summary was straightforward and quickly informed voters they could cast ballots on plans or amendments only if 10 percent of local voters formally call for a referendum.

The Smarter Growth proposal sets up a series of hurdles that voters have to jump within a short period of time to push a comprehensive plan decision to a public vote. For example, a citizen starting a petition drive must disclose any financial interest he or she has in the project and any Web site associated with it as well.

Voters must also go to the election supervisor�s office to sign a petition, unlike a regular petition drive in which citizens can sign a petition anywhere. In comparison, the Hometown amendment states that virtually all plan changes must be approved.

Hailed by many environmental groups, Hometown�s plan has come under fire from local government groups, home builders, developers and business organizations that say it would grind growth to a halt, burden local governments with the costs of repeated local elections, and put development issues into deep-pocket groups.

Hometown backers say developers and builders are the �deep pockets� and already dominate the process. The proposal would simply allow other groups to participate in development decisions that affect their communities.

Reaction from local government groups has been mixed. The Florida Association of Counties has not taken a position on the measure. City representatives say the Hometown proposal, if enacted, would be litigious and expensive, making even technical changes to comprehensive plans subject to votes by citizens.

---

Contact Michael Peltier at [email protected]