Originally Published: 12 September 2008
The Jackson County Floridian
TALLAHASSEE, Fla. (AP) - A lawyer for a proposed 2010 citizens initiative to require voter approval of changes in local growth plans urged the Florida Supreme Court on Thursday to keep a business-backed alternative off the same ballot.
Ross Burnaman, a Tallahassee attorney and co-founder of Florida Hometown Democracy, argued the title and ballot summary of the competing initiative, called Smarter Growth, are deceptive because they leave out vital details.
Burnaman’s argument was that Smarter Growth is “full of glitches and gotchas,” said Justice Harry Lee Anstead in questioning retired Justice Stephen Grimes, who defended the proposed state constitutional amendment.
Referendums on changes in comprehensive plans, which say where and how new development can take place, would be automatic under Hometown Democracy. Smarter Growth would allow them only if 10 percent of voters in a city or county sign a petition.
Also, voters could sign the petition only at a county supervisor of elections office, an obstacle not mentioned in the amendment’s title or summary.
That’s deception by omission because it leads people to believe they can sign anywhere, just as they can for virtually every other kind of petition, Burnaman argued.
“This is a failure in basic truth in packaging,” he told the justices.
He further faulted the title and summary for calling voters “citizens” and “Floridians,” terms that include nonvoters. Also there’s nothing warning that petition seekers would have to give up privacy rights as the proposal would require them to provide authorities with personal and financial information, Burnaman said.
Grimes argued it’s unnecessary to put all details in the summary and that limiting petition signing to election offices is “not totally out of the ballpark.”
Burnaman said there’s no excuse for leaving out important information because the summary uses only 52 words and the legal limit is 75. Sponsors left “23 words on the cutting room floor,” he said.
Hometown Democracy opponents, including the Florida Chamber of Commerce and other business and development interests, are promoting Smarter Growth as a less-onerous option.
They say requiring local referendums on every city and county comprehensive plan amendment would cause chaos and further stifle Florida’s already-slumping economy.
Burnaman and his Hometown Democracy partner, Palm Beach lawyer Lesley Blackner, say their measure is needed to put the brakes on willy-nilly growth allowed by public officials who ignore citizens and give developers nearly everything they want.
Neither proposal yet has enough signatures to get on the ballot, but both are getting close and sponsors have plenty of time before the 2010 election. The justices questioned what would happen if both passed.
“We’re just kind of flummoxed,” said Justice Charles Wells.
Grimes said there’d be no conflict because “nobody would use Smarter Growth” even though it includes a statement of purpose saying it’s intended to “pre-empt and supersede” other similar proposals.
That statement is simply a preamble and won’t be included in the constitution, Grimes said, but Justice Barbara Pariente noted it’s information voters will have before casting their ballots.
“We’re setting ourselves right up for litigation,” she said.
Grimes, though, doubted both would pass because there’ll be lots of publicity outlining the differences before the election.
Copyright 2008 The Associated Press.
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