Florida growth machine gets its annual grease job

May 13, 2007
By KENRIC WARD
TCPalm columnist

A not-so-nice thing happened on the way to Indian River County getting its referendum on growth. Just follow the bouncing ball into the ditch:

• On April 30, the Florida House approves unanimously approves HB 1589, which would enable the county residents to vote on any changes to the urban service boundary.

• On May 1, the County Commission rejects a charter-government proposal that would effectively do the same thing.

• On May 4, the Senate adjourns, with HB 1589 stuck in the Rules Committee.

No charter. No vote. No referendum.

The commission's marathon May Day meeting was well-documented. As this panel has done repeatedly — first, with Caroline Ginn's ill-fated moratorium and then with lost "visioning" — the commission majority blinked and did nothing. The players may change but, somehow, the outcome is always the same.

The Tallahassee story is a bit more convoluted, and even more maddening.

As you recall, Rep. Stan Mayfield, R-Vero Beach, after a great deal of jockeying, agreed to sponsor legislation that would permit binding elections on any proposed changes in the urban service boundary — the Maginot Line in this county's battle over growth.

Though the referendum idea was endorsed by more than 70 percent of the voters in a straw poll last November, the local delegation remained split, with Rep. Ralph Poppell, R-Sebastian, opposed to this exercise in direct democracy. His opposition proved pivotal.

Hours before the bill breezed through the House 119-0 (including Poppell!), he attempted to insert a one-word amendment. He wanted only a majority of "unincorporated" county voters to count. The original bill made no such distinction.

It's unclear what effect, if any, the change might have had. One could even argue that Poppell's wording actually tightened the bill, or that it would make it unconstitutional.

Either way, it turned out to be a poison pill because the Senate wouldn't touch it.

When asked why, state Sen. Mike Haridopolos at first expressed befuddlement. Then, a few hours later, the Melbourne Republican who represents mainland Indian River County explained that the Senate generally won't act on bills subjected to "late amendments." Really?

While Poppell's attempt was late, it also was unsuccessful because it would have required a two-thirds vote. He withdrew his amendment and, thus, the bill didn't change.

But for whatever reason, the Senate's sausage grinder just ground to a halt, and left county voters back where they started — with nothing. And that's just the way the Legislature likes it.

It's no secret that state and local officials simply abhor the idea of Floridians voting directly on growth-related matters. Wouldn't be good for business. So, in addition to circuitously killing HB 1589, lawmakers took dead aim, again, at a much bigger target: Florida Hometown Democracy.

Florida Hometown Democracy would require a local referendum any time there's a comprehensive plan change in any city or county. The FHD petition drive has collected some 300,000 signatures and needs about twice that many to qualify for the 2008 ballot.

Because FHD spells trouble for the growth machine, lawmakers last year put up their own statewide amendment to require a super-majority of 60 percent to enact all future constitutional amendments.

This session, the Legislature passed SB 900, which makes it even tougher on voter-sponsored amendments. Beginning in August, petition gatherers must turn in their signed sheets within 30 days. They also must allow any signers to revoke their signatures within 150 days.

The League of Women Voters, among others, objected to the latter provision, noting it sets up a cottage industry for petition killers. Besides, voters are always free to vote "no" at the polls. But such objections were brushed aside, and SB 900 was overwhelmingly approved, with unanimous support of the local delegation.

Naturally, the onerous new rules don't apply to the Legislature, which happens to account for 80 percent of Florida's constitutional amendments. Lawmakers don't need to fuss with petitions; they merely vote amendments straight onto the ballot.

Call it a double standard or a stacked deck, but what the Legislature did to Indian River County this session was entirely consistent with what it's been doing to the state for decades.

That's "representative government," Florida style.

ken.ward@scripps.com

FAST-TRACKING DEVELOPMENT

The 2007 Legislature fueled the growth machine in another way: It passed a bill to permit larger counties and cities to participate in pilot program that allows expedited, limited state review of land-use changes.

ARE YOU FED UP YET?

Participatory democracy still has a chance. You can promote it through Florida Hometown Democracy, the statewide drive to put any changes in local comprehensive plans to a direct vote of the people. Log on to floridahometowndemocracy.com, download petitions and pass the word.

QUOTABLE

"Florida Hometown Democracy is the only tool we have to break the chokehold that powerful, moneyed developers have on local governments. People have a right to protect their quality of life. When local governments won't do it, we have to do it for ourselves."

— Lesley Blackner,

www.FloridaHometownDemocracy.com