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A Publication of EverGreen, the Tree Treasurers of Charlotte County PO Box 495091 Port Charlotte, FL 33949
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Land Use Ballot Initiative “Florida Hometown Democracy” Petition
“Florida Hometown Democracy” has proposed a ballot initiative that will allow the public to make final decisions on local Comprehensive Plan amendments. Currently, elected officials make these decisions on the “public’s behalf”. However, they frequently rule on behalf of developers, who are often the only party in the room. While Florida’s 1985 Growth Management Act encourages citizen participation, the process is not citizen friendly and few citizens are involved. This citizens’ constitutional amendment proposal – which asks that land use plan amendments go to voters for a final decision - is seeking 500,000 signatures to qualify for the Florida ballot. Local Comprehensive Plans are created following much review and public comment. Changes to the plan are not supposed to be commonplace, but have become so. (To see examples of routine local Charlotte County Comprehensive Plan changes, in just one afternoon, select the “local” tab.) To view the petition form circulated by Fl Hometown Democracy (FHD), go to http://www.FloridaHometownDemocracy.com
What they Say Florida Hometown Democracy: “Florida’s Hometown Democracy Amendment will guarantee local “ownership” of community plans at the ballot box. Because Floridians are stuck with the consequences of comprehensive plan changes, it makes sense that they should have the final say over proposed changes that can determine the destiny of their communities for generations to come.”
Many of your questions can be answered by Florida Hometown Democracy at their website. What follows is a partial and condensed version of their answers to some common critical questions.
Q. What is a Comprehensive Plan and what is it supposed to do?
A. In 1985 Florida adopted the “Local Government Comprehensive Planning and Land Development Regulation Act,” popularly known as the Growth Management Act. This law was adopted to save Florida from uncontrolled development. It states that a proposed development that is not consistent with a comprehensive plan should not be approved by a local government. For example, if a proposed development will contribute to the overcrowding of a road or a school, or stress a community’s water supply, or devour wildlife habitat or green space, the proposed development is not consistent with the comprehensive plan and it should not be approved.
Q. Why aren’t Comprehensive Plans working? Each town, city and county has a comprehensive land use plan that is designed to make sure uncontrolled, bad development does not ruin Floridians’ quality of life and the environment. But comprehensive plans can’t work if they can be easily changed. That’s what has happened in Florida. Changing a plan designation from agricultural to single-family residential, or increasing density on a parcel, or changing height restrictions on beachfront parcels to allow skyscrapers - all those require comp-plan amendments. It is well documented that developers are among the biggest campaign contributors to local politicians. The result has been predictable: most elected officials have never seen a development they wouldn’t approve. They just can’t say no to bad development proposals. When a city or county council votes to approve a land use change, they are supposed to consider the public interest, which includes: protection of public health, safety, quality of life, the beauty of a particular place and the environment. Too often local officials in Florida define the public interest as being the developers’ economic return. Land use decisions affect people and communities more than almost any other governmental decision. Q. How often are the comp plans being revised? Too often. The Legislature has made it too easy to change plans by providing numerous exceptions to the twice-per-year limit on amendments in the Growth Management Act. Plans don't control development any more; developers control the plans, and that makes the plans meaningless. Q. Does the Amendment apply to all plan amendments, including small scale amendments? Yes, it applies to the proposed adoption of any amendment to the local comprehensive plan. Each community must determine for itself whether a proposed plan amendment is “good” or “bad”. Currently, changes that weaken comprehensive plans and allow bad planning decisions far out number changes that strengthen plans and require good development decisions.
Q: Can voters really understand Comp Plan issues? A common complaint about the amendment is that voter approval of plan changes will take the planning process out of the hands of the “experts” who understand planning and turn them over to uniformed popular opinion. As the Environmental & Land Use Center eloquently states in its endorsement of the Florida Hometown Democracy Amendment: The notion that the voters can’t understand basic facts about community and environmental impacts affecting their lives is offensive. Currently, the facts and the opinions of informed expert planners are frequently ignored by the politicians, in favor of the dominant political interests…The state’s political structure has failed the trust and responsibility granted to it by the people, who almost assuredly can do a better job if they take that power back. Fundamentally, plan decisions are no more complicated than other matters currently subject to referenda such as local “home rule” charters, bond issues, local taxes, and annexations. Q. How does Florida’s Hometown Democracy Amendment work? Florida’s Hometown Democracy Amendment simply replaces county or city commission votes to adopt or change a comprehensive plan with votes by the citizens in a referendum election to be held at the same time as the general election. No special elections will be necessary. A referendum could even be held by mail. This amendment locks in existing land use categories and gives the keys to the voters. THE VOTERS WILL DECIDE IF A PROPOSED CHANGE WILL MAKE THEIR COMMUNITY A BETTER PLACE TO LIVE. IF THE MAJORITY VOTES YES, THE CHANGE HAPPENS. IF THE MAJORITY VOTES NO, THE CHANGE DOESN’T HAPPEN. Q: Wouldn’t holding referenda on Comp Plan amendments delay construction & drive up the cost of new housing? Landowners and developers are not entitled under the law to plan amendments, and can almost always begin construction under existing land use plans. Housing prices inevitably go up as the amount of available land for development decreases. As long as population increases in Florida continue, housing prices will increase. Residents have a choice: either they can preserve existing open space or they can allow build-out of all private open space (think Dade & Broward). Either way, prices will go up. Q. Wouldn’t laws against taking of private property without just compensation (such as Florida’s Bert Harris Act) require voters to approve land development requests? No. Most so-called “takings” claims are rejected by the courts. The Harris Act allows claims against “inordinately burdensome” government regulation that deprives a landowner of all reasonable economic use of his property. Denial of comprehensive plan amendments does not create a “takings” claim against the local government; it does not matter if the decision is made by local officials or by local voters.
Q. Aren’t these types of decisions supposed to be made by our elected officials?
Voters are often called to vote directly on issues, e.g., bonding and taxing issues. It makes sense that voters should have the final say over decisions that will directly impact their community for years to come. Moreover, voters have a right to protect themselves when their elected officials make harmful decisions that do not reflect the public interest.
Q. Will the Amendment destroy the construction industry?
No. Florida’s many comprehensive plans have already allocated enough future housing for over 100 million people. Accordingly, the construction industry will have plenty of work to do for many years to come. Comprehensive plan amendments generally reflect an unwillingness to play by the parameters of the current plan. Construction should be controlled by the plan. The reason that isn’t working today is because all too often city and county commissioners are unwilling or unable to say no to harmful plan changes. When a developer buys a piece of property, it has existing zoning and land use classifications on it. Just because a developer wants to make a windfall profit on a piece of land, the government doesn't owe him that. He is not entitled to a land use plan amendment for that piece of property.
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