court sides with florida hometown democracy

TALLAHASSEE -- The Florida Supreme Court said a revised financial impact statement on how much a proposed growth management amendment could cost taxpayers now complies with state law.

That decision came in an advisory opinion today to Attorney General Bill McCollum.

“Local governments will incur additional costs due to the requirement to conduct referenda,” the court wrote, adding “the impact on state government expenditures will be insignificant.”

A group called Florida Hometown Democracy led the drive to put the issue on the November 2010 ballot to give voters a chance to vote for changes in plans to determine how and where cities and counties grow.

“Let’s hope we’re through with the court system for awhile,” Hometown Democracy spokesman John Hedrick said, noting the group appeared seven times before the Supreme Court since beginning its effort four years ago.

“We’re just glad we can continue to take our message straight to the voters so they can have their chance to have a vote on growth and decide how they want to see their local communities shaped,” Hedrick said.

The amendment has been bitterly opposed by development and business interests that view it as a threat to growth and the state’s economy.

Today’s unanimous opinion said the revised language “is clear, unambiguous,” meets the prescribed 75-word limit “and is limited to estimated increases or decreases in cost to state or local governments.

The old statement said the amendment would cause local governments to “incur significant costs (millions of dollars statewide)” although it “cannot be determined precisely.”

The Supreme Court last year ruled that initial statement from state economists was misleading.

The approved version keeps that language but added that the costs are “probable” depending on the kind and frequency of referendums and the expenses would include ballot preparation and administration.

Residents’ initiatives must provide voters with a financial statement on how much proposals could cost.

Secretary of State Kurt Browning said last month that Florida Hometown Democracy had collected the required number of signatures and designated it Amendment 4.

If the proposal gets 60 percent approval at the polls, Hometown Democracy would require local referendums on changes to city and county comprehensive plans.

State law requires financial statements only for resident initiatives, not amendments placed on the ballot by the Legislature or the state’s tax and constitutional revision commissions.