Two Groups Fight Over Development Amendments

Published 30 July 2007

Group's petition seeks townwide votes on projects

At a meeting last month, the owner of Boca Teeca Country Club spent hours persuading the Boca Raton Planning and Zoning Board to endorse a plan for 211 townhomes on a golf course. The meeting lasted hours and opponents lined out the door to protest.

Now imagine if the owner had to win a citywide vote as well?

That's what Florida Hometown Democracy wants and is collecting petitions to get a constitutional amendment put on the ballot in 2008. Its effort is being challenged by a developer-backed group pushing a competing proposal. If either effort succeeds, projects similar to MCZ/Centrum Florida V Owner's Boca Teeca could face new uncertainties.

Palm Beach attorney Lesley Blackner, president of Hometown Democracy, said developers are getting anxious.

"They are desperate," said Blackner, who started the effort in 2005. "They are putting up a trick petition, with all the fancy, shiny buzzwords so people may think they are signing Hometown Democracy. But they aren't. People need to read the petition before signing."

Her group's amendment would require voters to approve every change to a county and city's comprehensive land-use plan to allow new construction. The comprehensive land-use plan guides the growth and development of communities, and county and city commissioners approve amendments.

"Developers are terrified of the Florida Hometown Democracy amendment because it goes to the heart of their power — their ability to control city and county commissions," Blackner said.

Blackner said a referendum would force developers to prove their projects were in the voters' best interest.

Hometown Democracy's concept was recently used in Briny Breezes, a town with almost 1,000 residents living in mobile homes. In January, residents voted on whether to sell the 43-acre park to developer Ocean Land Investments. Most residents agreed, as they stood to become millionaires.

The competing amendment, from Floridians for Smarter Growth, would require 10 percent of voters in a county or municipality to sign a petition before any referendum. The petitions could be signed only at the offices of either the supervisor of elections or the city clerk.

Floridians for Smarter Growth's amendment includes a key condition: If both amendments pass in November 2008, its proposal would supersede the opponent's.

Floridians for Smarter Growth Executive Director Michael Caputo said Hometown Democracy's proposal would drive away developers.

"Voting on everything is just a stupid idea," he said. "Can you imagine the disruption in the people's daily lives?"

Holding special elections could also mean spending more money for local government, though it's not clear yet how much it would cost or who would pick up the tab.

Hometown Democracy has collected nearly 400,000 signatures of the 611,009 needed by Feb. 1. About 280,00 signatures have been verified, according to the state's Division of Elections. Since 2003, Blackner's group has raised $825,706, with Blackner contributing almost half a million dollars in cash and services, according to financial reports filed with the state. Blackner grew up in Florida and said she saw communities transformed by developers often with little input from residents.

Caputo declined to comment on signatures gathered so far. Since April 2007, his group has raised $841,000 from nine corporations, including the National Association of Home Builders, the U.S. Sugar Corp. and the Florida Chamber of Commerce.

As the two sides fight to get on the ballot, opponents in development battles such as Boca Teeca are watching.

"Residents of a city need to decide how a city will be developed, not developers. Voters know how bad traffic is when they drive on the roads and the importance of green space," said Boca Teeca resident Rob DuKate, who opposes the project.

Slade O'Brien, a Boca Teeca MCZ/Centrum Florida consultant, welcomes Floridians for Smarter Growth's proposal.

"Projects that aren't controversial won't have to go though the time, expense and turmoil of a public election," he said.


Paola Iuspa-Abbott can be reached at piuspa@sun-sentinel.com or 561-243-6631.