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Having grown up in central Florida in the 1960s and 1970s, I witnessed the sad toll that explosive growth and land development extracted on the environment and quality of life. Since then, I have witnessed the impacts of poorly planned land development throughout Florida.
 
I have been extensively involved in advocacy of “growth management” issues, including years as a staff attorney for the Florida Department of Community Affairs responsible for land use planning matters, coastal zone management and emergency management.
 
I agree with the need for progressive land planning laws that respect both private property rights and the public interest. Better outcomes result when citizens inform land use planning and decision-making. Citizens need to help shape the long-term blueprint for their communities – to decide how they want their neighborhoods and communities to be for their children and for future generations.
 
A valid criticism of Florida’s planning efforts is the focus on accommodating short-term development interests, while poorly considering the long-term future uses of land, resources and public facilities such as water supply, schools and transportation systems. Plans have been amended too often to increase development density and intensity without regard for future demands upon natural systems and infrastructure.
Ross Burnaman

Approval of Amendment Number 4 by Floridians in November 2010 will help protect Florida's natural resources, scenic beauty and quality of life. By adding a citizen veto opportunity via a referendum to the end of the local planning process, citizens will have more power over what their local "constitution" on growth -- the local comprehensive land use plan -- provides for the future.

Since 1985, Florida's planning law has been premised on the need to accommodate population growth. In recent years, massive amounts of residential and commercial development have been adopted into various local land use plans without regard for whether or not it is needed. As a result, Florida has a massive oversupply of built, vacant homes and commercial space. This is in addition to already vested or approved development that is authorized but not yet built. Because of this oversupply, I believe that the resale value of existing homes and businesses has declined, along with the property tax base that helps fund local government services. While Amendment 4 will not nullify those local development approvals or erase imprudent decisions already made by local officials, it will slow down the pace of plan amendments and allow for a more informed public discussion about the balance between supply and demand in each local jurisdiction.
Often, citizens fail to effectively prevail upon their local elected representatives to refrain from capriciously amending local comprehensive plans. State law has been weakened to allow for many exceptions to the twice-per-year limit on plan amendments, including an exception for “small-scale” amendments. In 1995, the Legislature limited democracy by prohibiting any local initiative or referendum on any development order or on any local comprehensive plan amendment or map amendment that affects five or fewer parcels of land. (See, Ch. 95-322 amending Section 163.3167, Florida Statutes). Instead of the plans guiding growth, growth is guiding the plans.

Florida’s Hometown Democracy Amendment will encourage citizens to be accountable for the future of their communities. The tremendous potential inherent in Florida’s land planning laws will be better realized by having citizen’s vote on whether or not to change plans that have been adopted and approved by the State. If a change to the status quo (the existing local plan) is warranted, then the proponents of change should be able to convince a majority of the local voters to approve it.

All existing opportunities for public involvement in land use planning will be retained. Absent a change in State statutes, citizens and property owners will retain all rights to enforce State and Regional plan consistency determinations before the Florida Department of Community Affairs and the Administration Commission. Moreover, Amendment 4 will have no legal effect on the ability of a property owner to challenge unconstitutional restrictions on private property rights.

The highest courts of Florida and the United States have recognized that citizens have the right to direct democracy for land use plan decisions. It is time for Floridians to take more responsibility – at the ballot box – for the long-term future of their hometowns.

Florida Hometown Democracy's proposed amendment to Florida's Constitution -- Amendment Number 4 -- deserves voter support in November 2010.

Vote YES on 4 -- GIVE YOURSELF A VOTE ON GROWTH!
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