Concerned Friends of Fernandina                                

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                              Concerned Friends of Fernandina is a grassroots citizens group formed to inform and involve

                             residents wanting to preserve the small town  identity of Fernandina Beach and its natural beauty.

Home Up

                                   "With public sentiment, nothing can fail;  without it nothing can succeed." -- Abraham Lincoln

 

                 

   

      

 

 

 

 

 

 

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Hometown Democracy Petition page:

                                                                                            More info, link to: Florida Hometown Democracy 

                                                                                            and  Floridians for a Sustainable Population 


Many of you are aware of the efforts that CFOF, the local Sierra Club, and others expended to get Hometown Democracy on the state ballot in 2008. Below is the latest update.  Below that you'll find a letter that I wrote a month or so back--- but I'm not sure if it ever was sent out. It re-iterates the history of what's been going on. Thanks for your interest in maintaining the beauty of our community....julie ferreira

> Subject: Judge hears Fla. planning amendment case---Florida Hometown Democracy
>
> 06 Aug 08  Update

 

> By CURT ANDERSON
> AP Legal Affairs Writer
>
> WEST PALM BEACH, Fla. (AP) -- Supporters of a proposed Florida
> constitutional amendment requiring voters to approve changes in local
> growth management plans told a federal judge Wednesday that a host of
> discrepancies and problems improperly blocked the measure from the
> November ballot.
>
> Among problems described in testimony before U.S. District Judge
> Kenneth A. Marra were mistakes in double-counting invalid voter
> petitions, widely disparate standards used by the state's 67 election
> supervisors and suspiciously high rejection patterns in some counties.
>
> "It was just a myriad of problems," said Barbara Herrin, a former New
> Smyrna Beach banker who closely tracked the petitions for the Florida
> Hometown Democracy Inc. group. "Some were human, and some were system
> problems."
>
> Herrin said also between 7,000 and 10,000 signed voter petitions the
> group submitted were not accounted for at several county election
> supervisor offices.
>
> Florida Hometown Democracy failed to collect enough valid signatures
> by the state's Feb. 1 deadline to get its proposed constitutional
> amendment on the November ballot. State officials said the group was
> well short of the 611,009 needed at the time.
>
> The count on the state's web site Wednesday was still short at
> 599,921, but that's after subtracting 13,247 revoked signatures -
> enough to put the initiative over the threshold. A state appellate
> court in April said those signatures should be counted because a law
> that allowed people to take back them back was unconstitutional. That
> ruling, though, is on appeal to the Florida Supreme Court.
>
> The amendment would require voter approval of changes in growth
> management plans that determine how and where cities and counties
> expand. It has been fiercely opposed by business interests, who say it
> would undermine economic growth, while backers say it would place
> much-needed brakes on sprawl.
>
> Florida Hometown Democracy wants Marra to order the measure placed on
> this year's ballot and to strike down the Feb. 1 signature deadline,
> which was enshrined in the Florida Constitution in 2004 by the state's
> voters. The group contends the new deadline violates the U.S.
> Constitution in a number of ways, including free speech and voting
> rights guarantees.
>
> Attorneys for Florida Secretary of State Kurt Browning, named as
> defendant in the case, argued that there is no federal right to amend
> the Florida Constitution and that it's up to the state to determine
> its own rules for proposed amendments.
>
> They also challenged Herrin's conclusions about problems with the
> voter petitions, noting that many rejections were correctly for such
> things as a felony conviction or because a voter had moved to another
> county.
>
> "You're not a lawyer, are you?" asked state attorney Stephen Emmanuel.
>
> "No, I'm not," Herrin replied.
>
> The state's lone witness, Division of Elections assistant director
> Sarah Jane Bradshaw, said the agency has no legal authority over the
> county elections supervisors and can only issue guidelines and
> suggestions about handling voter petition drives. Bradshaw said she
> issued a letter calling attention to some of the concerns raised
> earlier this year by Florida Hometown Democracy.
>
> "The supervisors of elections act pretty much independently," Bradshaw
> testified.
>
> State elections officials also do not separately check the accuracy of
> voter petitions, relying instead on the county supervisors to do that,
> she said.
>
> Marra did not indicate when he would issue a decision, though time is
> running short for Florida Hometown Democracy to get on this year's
> general election ballot. But if they fail this time, Herrin said the
> group would aim for the 2010 election

 

   The saga of Florida Hometown Democracy is the story of a 5-year-long, grassroots effort to get a citizen’s initiative to amend the Florida Constitution on the ballot. Much of what FHD has endured has been led by corporate and political interests who are determined to retain the status quo of their positions of power and influence. These are the same people who are opposed to the notion that people have the right to vote on matters that affect their communities and their quality of life.

   Why should we be concerned?  Well, if things were left to take their own course, the "professional planners" throughout the state would have everyone thinking that Florida can "sustainably" handle another 18 million people by 2050. Observing the strains on infrastructure, roads, water supplies, and environmental impacts, it is obvious that many local communities are having a hard time handling the current levels of development, and something must be done now.

   The Florida Hometown Democracy initiative would allow voters to approve or reject certain land use changes in their communities by voting on them in voter referendums. This allows and encourages citizen participation; otherwise it seems that Comprehensive Plan changes can be decided upon and passed out like candy by local politicians.

   Impact fees are either virtually nonexistent or inadequate in nearly every local government. This translates to mean that comprehensive plan amendments from local municipalities often end up being a "growth tax" on citizens who have to foot the bill in the form of increased property taxes. When poorly planned development and commercial growth does not pay its own way demands are placed on local fire and police departments which require extra expenditures. There are also subsequent expenditures needed for new schools, roads, and other infrastructure necessities. 

  The citizen’s referendum process is a privilege that all US citizens enjoy- the right to petition our government for the redress of grievances. It is guaranteed by the First Amendment to the US Constitution and Article I of the Florida State Constitution.
Unfortunately, the ongoing saga of FHD has been an all-out assault on our First Amendment rights as citizens to reign in unresponsive government.  Starting in 2004, there have been an untold number of roadblocks thrown up to prevent FHD from gaining ballot access.

  The following were devised by the Florida legislature:        
 
  • They proposed and then subsequently the voters passed an amendment that increased the  threshold needed for constitutional amendments to pass from 50%+1 of voters to 60%.
  • They got a constitutional amendment passed that shortens by a half year a campaign’s time-frame for submitting petitions for the state ballot.
  •  They restricted access for gathering petition signatures in public areas such as shopping centers by equating ownership of malls and shopping centers with “private property” ownership.
  • They gave Supervisors of Elections only 30 days from receipt of a signed petition to accept or reject it.
  • In 2007, the legislature passed an unprecedented law that gives petition signers the right to revoke their signatures from petitions. They the made the revocation retroactive by 150 days.

   In 2007 using many of the above mentioned tools, the Florida Chamber of Commerce and the  Associated Industries of Florida each cranked out an organization specifically designed to knock out the Hometown Democracy movement.


The Chamber of Commerce organized a group called “Floridians for Smarter Growth.” With the deep pockets of the development industry to dip into, they managed to raise $2.99 million between May and December '07. They staged a rival petition that was designed to confuse the issues and train-wreck the counting process of FHD petitions.

   The Associated Industries of Florida created “Save Our Constitution." They then launched a first-ever-in Florida campaign to revoke FHD signatures. They spent as much as $41 per signer in their revocation efforts. The four biggest contributors to the SOC campaign, as reported at the end of Dec ‘07 to the Florida Division of Elections, were: Florida Association of Realtors ($50,000), Florida Transportation Builders ($50,000), Wal- Mart ($25,000), and Floridians for Conservative Values ($25,000).

   However some of the greatest difficulties experienced have been the differing standards used by the 67 county supervisors of elections to verify and validate petitioner’s signatures. Although State law defines the 5 areas required for petition validity, the reasons for rejection varied widely from locale to locale and seemed to reflect local discretion on how petitions should be reviewed

   To add insult to injury, three weeks before the February submission time-frame, Secretary of State Kurt Browning announced that his computer-based tallying system for the petitions had a ‘glitch’. Even though he admitted that he’d known of the problems since the previous spring, he took the system down just weeks before the February 1st deadline causing much confusion in the counting process.

   An outspoken Supervisor from Leon County , Ion Sanchez, was quoted in the Orlando Sentinel saying, that the changes made last year by the legislature created “all kinds of problems” for election supervisors, especially when signature groups could “game the system.” Sancho went on to say, “this really is inappropriate to use the election laws and procedures and change them for one side to get the political advantage.”

   However all has not been lost because of the recent filing of a federal lawsuit.

   The lawsuit holds the promise that Florida Hometown Democracy (FHD) will qualify for this year's election. Should the court, in essence, order FHD onto the ballot, it will validate what the over 830,000 people who have already signed the petition know—that the people must have the power to make major growth decisions directly, because the state and local governments have shown no ability to stand up to the pressures of developer's and the development industry.  

   The Florida Hometown Democracy initiative has the support of major organizations such as the Florida Consumer Action Network, Florida Wildlife Federation, the Sierra Club, the Humane Society of the United States, Florida Public Interest Research Group, Floridians for a Sustainable Population, Clean Water Action, Friends of the Everglades, Environment Florida, Save the Manatee Club, and numerous local Audubon Society chapters around the state, as well as a tremendous number of local, civic, community and coalition organizations.

  The development industry is worried. FHD could mean the end of their party where they are able to wield undue influence in local government; the unsustainable practices of developers has changed the quality of life and the environment in many Florida communities. Hence the development industry continues to pull out all the stops to keep FHD off the ballot.   

  Individual citizens continue to show their support for FHD not only through continuously signing petitions, but also contributing individually to the campaign. However many more organizations and individuals are needed now to join in this effort.
 

   These are things that you can do- visit the FHD website @ http://www.floridahometowndemocracy.com/ for more updates and information. You can also download petitions from the website and help collect more signatures; and if at all possible- please send a contribution to help defray the legal costs to Florida Hometown Democracy, P.O. Box 636, New Smryna Beach, Florida  32170-0636. When FHD is put on the ballot by the federal court we all need to get ready to participate in a big way. The stakes are incredibly high and there will undoubtably be a mis-information campaign mounted by the development industry as the 2008 election nears.
julie ferreira


 
 

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  • 23 June 08  Update

Hometown Democracy will win--and soon!

 
The recent filing of a federal lawsuit holds the promise of Florida Hometown Democracy (FHD) qualifying for this year's election.  Should the court, in essence, order FHD onto the ballot, it will validate what the over 820,000 people who have already signed our petitions know—that the people must have the power to make major growth decisions directly, because the state and local governments have shown no ability to stand up to the development industry.  Witness what occurred this last legislative session just ended.  Not only did the legislators not strengthen growth management along the lines pursued by Tom Pelham, head of the Department of Community Affairs, but they actually tried to further weaken the rules that guide our state's growth.  Luckily, many citizens stood up in a loud voice and said, "no more," and these anti-growth management bills died.
 
The FHD initiative has the support of major organizations such as Florida Wildlife Federation, Sierra Club, the Humane Society of the United States, Environment Florida, Florida Public Interest Research Group, Florida Consumer Action Network, Floridians for a Sustainable Population, Clean Water Action, Friends of the Everglades, Save the Manatee Club, numerous local Audubon Society chapters around the state, as well as a tremendous number of local, civic, community and coalition organizations.

Individual citizens also have shown their support for FHD not only through continuously signing petitions, but also contributing individually to the campaign--the Florida Division of Elections website lists 2,426 separate contributions from one-time or multiple-donation individuals.  And I will predict many more organizations and individuals will join in this effort now that FHD is clearly the only viable method available to citizens to rein in runaway growth and start meaningful reform of growth management.

 Why should we be concerned?  Well, if things were left to take their own course, the "professional planners" would have you think the state can "sustainably" handle another 18 million people by 2060.  However, strains on infrastructure, water supplies and the environment show we can't handle what we've got now!  And you don't have viable comprehensive plans--the land use constitutions that are developed by means of a citizen participation process-- if they can be amended at the drop of a hat, and amendments given out like candy by local politicians.  With FHD in place, amendments will be a lot fewer, and better serve the public interest, as they are supposed to do.  

 Currently, these comprehensive plan amendments end up being a "growth tax" on citizens at large, who have to foot the bill, in the form of increased property taxes, for the new roads, schools and other needs required by the increased population and commercial growth.  Impact fees are either nonexistent or inadequate in nearly every local government.  Citizens also have a right to control if, how and when their community develops, not just the development industry, and also the right to protect their quality of life.

 Who doesn't want the citizens to control their destiny?  Try these on for size:  the National Association of Homebuilders, by far the largest contributor to the opposition at $1.11 million.  Other large contributors to FHD opposition efforts are: Florida Homebuilders Association, Florida Association of Realtors, National Restaurant Association, local Homebuilders Associations, U.S. Sugar, Lykes Brothers, A. Duda and Sons, Ben Hill Griffin, Inc., Associated Industries of Florida, Associated Builders and Contractors, AT & T, Florida Transportation Builders Association, Holding Company of the Villages and Wal-Mart .  

 They'd like business as usual to go on unimpeded notwithstanding how the public might feel about their plans. And they sure wouldn't want their plans to get voted down by those pesky citizens, such as what happened to that proposed St. Joe Company airport  (er, I mean, the Bay County/Panama City international airport).  Unfortunately, the Bay County citizens weren't permitted a binding referendum, so the straw ballot vote was ignored, and the airport project proceeds, to the tune of $331 million, with $90 million from state transportation funds.

 We're got the development industry pretty worried.  FHD could mean the end of their party, so they are pulling out all the stops to keep it off the ballot.   In fact, those who have helped crater our economy because of their overbuilding, have also caused the initiative process for everyone to become almost non-existent.  Just look at this list of changes brought on just to slow down or stop FHD:  a 60% vote now to pass a constitutional amendment; deadline for petition submittals moved to February 1; now you can't go onto a business property like a mall, without permission, to gather signatures; you must be 100 feet away from the door of a polling place to gather them.   It's taken FHD filing suit to stop some of the worst anti-petitoning measures, such as signature recission.   

FHD will not stop growth.  Believe it or not, the public can say yes on occasion, as shown by votes taken in local governments that already either have some local form of FHD or have voted on growth issues.   It's just that the public is going to have to be convinced that something indeed is in their best interest, not just to be beguiled by developer consultants' songs and dances, or, heaven forbid, campaign contributions given to them.  

 A salutory side benefit of FHD could be that the electoral process will be somewhat less corrupted than before, given that the citizens, and not the elected officials, will be making the final major growth decisions for the community.  Developers will have less reason to lard campaign coffers to keep decision-makers friendly.

Florida Hometown Democracy is an idea whose time has come, and was never needed more than now.

 
John Hedrick has been the point person for the Florida Sierra Club on FHD and one of the leaders of the campaign to pass the Florida Hometown Democracy amendment. You can reach him at  johnhedrick13@ yahoo.com
 

                                                                                                 _____________**____________

 

  • 21May 08  Update
Our official petition tally has hit 594,563 towards our goal of 611,009!The Florida Chamber of Commerce petition is at 443,511.  Mind you, the Chamber spent $3,255,000 dollars to get there.  Most of it came from the National and Florida Association of Homebuilders and big landowners (developers in waiting).  They paid for 650,000 petitions, and all dumped them all at once on the Supervisors of Elections around the state in January, just before the deadline.  Since the Chamber train-wrecked the process, they haven’t submitted even one more petition.  Job done.  
 
The Florida Attorney General has sent the Chamber Trojan-horse petition on to be reviewed by the Florida Supreme Court.  Hometown Democracy filed its opposing brief Friday.  We’re confident the court will put the Chamber petition where it belongs…in the garbage. 
 
Also, the State is appealing the revocation slap-down to the Florida Supreme Court.  Got to keep hope alive for the developer crew!  That will make six appearances by Hometown Democracy before Florida ’s highest court.  All this just to secure each of us the right to vote on the local decisions that make or break the future of our community.
 
Given the way government fights against your right to vote, you might wonder, is this the America the rest of the world dreams about?  Fact is, even here Democracy can’t defend itself.  It’s up to you and me.  Please  get behind our final push for petitions to get to the 611,000 goal….we only need another 15,000 petitions or so….PLEASE send money and petitions to help get us there!.
  
Best wishes,
 
Lesley

OrlandoSentinel.com

COMMENTARY

So you want to halt sprawl? Fat chance!

Orlando Sentinel.com
Mike Thomas
COMMENTARY
May 15, 2008
 
It doesn't matter that Florida has a huge glut of abandoned homes thrown up in the hinterlands, dragging down the economy.

Our political leaders want more.

Not only are they refusing to control sprawl, but they also are making sure you don't either. It's the biggest disconnect I've ever seen between public desire and political action.

Consider Florida Hometown Democracy, an amendment proposed by a small band of environmentalists that would require voters to sign off on changes to local growth plans. Supporters are gathering signatures to put it on the 2010 ballot.

The very notion has terrified the state's business/political cartel, which treats growth plans like disposable diapers. So the business lobby has joined the Legislature and Gov. Charlie Crist to pull every dirty trick possible to keep it off the ballot.

One tactic was legislation passed last year. It allowed amendment opponents to try to persuade those who signed the Hometown Democracy petition to revoke their signatures.

This started a disinformation campaign in which the business lobby warned that "this bad amendment will open the door for big developers to ruin Florida 's natural and scenic beauty, but you can help stop the special interests."

It may be the most stunning lie ever told in Florida -- the audacity of desperation.

The person behind it was John Thrasher, a former speaker of the House, now a hired-gun lobbyist for the state's biggest developers.

It's one sleazy, incestuous stew up there in Tallahassee . Do you really think they're going to let you muck up their good thing by letting you vote on growth?

Last month a state appeals court threw out the signature revocation law. The Crist administration plans to appeal.

All the so-called responsible environmentalists and growth-management gurus sit on the sideline because they say Hometown Democracy is just too radical. As if sending bulldozers ever farther out into the rural abyss of a state already overbuilt is more responsible.

Meanwhile, legislators once again squashed growth-management reforms this year.

Rep. Dean Cannon of Winter Park , the future House speaker, actually tried to weaken citizen input. Maybe he's after John Thrasher's job.

Said Department of Community Affairs Secretary Tom Pelham: "I expect that the sponsors of Hometown Democracy are very happy with the way things turned out. All of this will add fuel to their cause, I'm sure."

It is past time.


Back in 2004, more than 70 percent of Volusia voters supported a referendum to limit rampant growth. Home builders got it tossed with a legal challenge.

This year, nearly 80 percent of Sarasota voters passed a referendum requiring a unanimous vote by the County Commission to increase zoning densities outside the urban-service boundary.

Earlier they passed a measure requiring a supermajority County Commission vote to increase density in the comprehensive growth plan.

"There is much more debate now," says Bill Earl, an activist behind the measures. "Smart developers are going to neighborhood associations and to environmental groups to ask what they can do to make projects acceptable."

Backroom deals are out in Sarasota . Guess who loses power?

It is why the politicians, lobbyists and developers are so desperate to keep this movement from growing.


Mike Thomas can be reached at 407-420-5525 or mthomas@orlandosentinel.com.
 

 
HELP SAVE WHAT'S LEFT OF  FLORIDA...
LET THE PEOPLE VOTE to control growth! 
PO Box 636, New Smyrna Beach, FL 32170-0636. 
Pd.pol.adv.byFloridaHometownDemocracy,Inc,PAC

                                                                         _____________**_______________

 

  • 04 May 08  Update
Happily, the legislative session is over.  Our esteemed lawmakers did not pass one iota of a “Citizens Planning Bill of Rights” pushed by Department of Community Affairs chief Tom Pelham.  Not that his proposed “Rights” really would have changed the imbalance of power between residents and developer/local government machines.  Instead, the legislature was too busy mulling over new laws to mandate toilet paper in public bathrooms and ban “truck nuts.”  (Don’t ask—gratefully both bills failed!) 
 
After a decade of developers gone wild the State is broke, people don’t have medical care and schools are cut to the bone, but the Tallahassee posse still found the big bucks to unnecessarily relocate the Panama City airport just to spur development around St. Joe’s empire of land holdings…...so we will have the airport to nowhere.  (Not for long St. Joe hopes!)…even though local voters/residents had rejected the move in a straw ballot. (NB:  Pelham was the attorney for the St .Joe airport pushers before he went to DCA…..small world?)  If Hometown Democracy was on the books, this monstrosity of developer welfare would go the way of “truck nuts”. 
 
In other news, our petition count now stands at 592,561.  We have been prodding the supervisors of elections to report in their count certifications to Tallahassee.  Is that too much to ask?
 
Our research into the January petition meltdown is now complete and we have learned that many petitions from some of our strongest individual supporters were not counted.  Even petitions signed by folks who gave us thousands of dollars were not counted.  Was your Hometown Democracy petition counted?  Call your supervisor of election and find out…they have lists, and let us know if it wasn’t!
 
Best wishes,
 
Lesley

OrlandoSentinel.com

COMMENTARY

Sprawl is just one more nail in economic coffin

Mike Thomas
May 1, 2008
Urban sprawl can ruin the environment and our quality of life.

But could it also undermine our economy?

There is growing sentiment among urban planners that cities are surrounding themselves with the slums of tomorrow. These are the outlying developments, many thrown up with reckless abandon during the housing bubble to feed speculator demand.

In 2005, Florida cities and counties gave out a record 208,000 permits for detached homes, mostly out in the burbs of Central Florida and coastal cities.

These far-flung projects have been hit hardest by the plunge in housing values. Dropping prices can kick off a spiral of foreclosures, rentals and abandonment.

A recent eye-opening piece in The Atlantic Monthly titled "The Next Slum?" picked examples of new subdivisions around Charlotte, N.C., Sacramento, Calif., and Florida's Lee County -- some with $500,000 homes -- falling into crime-ridden decay.

As this happens, such developments bring in less tax revenue but require more services in the form of police patrols and code inspection.

Making matters worse, some demographic researchers think the current housing downturn simply exacerbates a long-term trend.

As people age, they go from being homebuyers to home sellers. This means that with the impending retirement of the baby boomers, we are entering an era of more sellers in proportion to buyers.

And the sellers will be selling suburban homes designed to raise children, while a growing percentage of buyers won't have children.

Arthur Nelson, director of the Metropolitan Institute at Virginia Tech, predicts a glut of 22 million "large-lot" detached homes by 2025, with large lot defined as one-sixth of an acre and up.

Put another way: If we didn't build another house in the suburbs, we still would have too many of them 17 years from now.

The home-vacancy rate in Central Florida is a staggering 7.4 percent, by far the highest in the nation.


"For Sale " signs are multiplying on the urban fringes, along with unkempt yards.

"There are more empty houses the farther out you go," says Jack Connor of Alliance Appraisal & Consulting Services. "I was down in Kissimmee , at a development on Lake Toho , and it is a ghost town."

Empty downtown condos have become a housing-bubble poster child. But the glut in the outlying burbs is the real time bomb.


Sprawl supporters say these areas provide affordability. But the Charlotte Observer recently reported that starter-home subdivisions there are most prone to problems.

Virginia Tech's Nelson notes we have mitigating factors in Florida . Growth has stalled, but history says it will resume, making us better able in the long term to soak up excess housing inventory.

And given our narrow peninsula, the suburbs here are denser and not as far-flung as they are around Sacramento , Atlanta and Charlotte .

But getting to long-term stability will require short-term survival.

We need aggressive police and code enforcement in at-risk subdivisions. If they tip into a state of decay, they may never recover, and new growth will pass them by.

We also need a hiatus on developing outside urban service areas. It's past time to stop moving out and start filling in.

But Florida politicians never say no to developers. Not even the possibility of a looming crisis will change that.

Mike Thomas can be reached at 407-420-5525 or mthomas@orlandosentinel.com.
 


 
HELP SAVE WHAT'S LEFT OF  FLORIDA...
LET THE PEOPLE VOTE to control growth! 
PO Box 636, New Smyrna Beach, FL 32170-0636. 
Pd.pol.adv.byFloridaHometownDemocracy,Inc,PAC

 

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  • 24 Apr 08  Finally, some good news!!
We won our case against the State at the 1st District Court of Appeal – they unanimously ruled that the ridiculous anti-FHD revocation statute is unconstitutional!  The Florida Legislature is currently rushing to pass even more spurious anti-petitioning roadblocks which we believe to be also patently unconstitutional.
Here’s where the State says we are today in our petition count:
 
 Required for review by Attorney General:
61,113 
 Required to have initiative on the ballot:
611,009 
 ** Number currently valid:
585,935 
 ** Number currently revoked:
13,182 
 ** Total number valid:
572,753 
 
The numbers have moved since the “deadline” because a lot of petitions submitted before February 1st were not counted.  Now they
 
have been, although some supervisors of elections still haven’t posted them up.  Yes, we asked them to do so several times.
Plus, there are about 67 different ways to count petitions in Florida , all depending on which county you live in!
We plan to do something about that in the next week or so.  So send petitions and donations.  Our battleground before now was in the streets….petitioning….now the battlefield moves on to the courts…. things should be getting interesting soon!
Best,
Lesley
 
 
Article published Apr 23, 2008

State appeals court rules in favor of citizens group


TALLAHASSEE, Fla. (AP)
People cannot take back their support once they sign petitions to get citizen initiatives on a ballot, an appeals court ruled Wednesday in a case over whether voters should have a say in changing infrastructure and development plans.

The 1st District Court of Appeal said a law that let people take back their signatures is unconstitutional, so it overturned a trial court's ruling.

The Legislature passed the law at the request of business organizations. They then used it to revoke thousands of signatures obtained by proponents of Hometown Democracy, an initiative that would require voter approval of changes in plans laying out where new roads, homes, businesses and other development can be built. Hometown Democracy then sued.

The appeals court's seven-page ruling said revoking signatures burdens the initiative process with requirements not found in the Florida Constitution. Instead, the constitution gives citizens the right to propose amendments without legislative assistance.

"The court got it right," said Ross Burnaman, co-founder of the Hometown Democracy political action committee.

Barney Bishop III, president and CEO of Associated Industries of Florida, was a leader in the signature revocation effort. He said it allowed people to change their minds "because they perhaps weren't told the real truth at the time to begin with."

Burnaman, of Tallahassee , and fellow lawyer Lesley Blackner, of Palm Beach , started the initiative as a response to public officials they believed were too willing to give developers everything they want while ignoring citizen protests.

But in an all-out effort to defeat the proposal, builders, developers and other business leaders wrote and called petition signers to suggest they had made a mistake.

Hometown Democracy narrowly missed the 2008 ballot after Secretary of State Kurt Browning rejected a request to delay ballot certification until all signatures submitted before the Feb. 1 deadline were verified.

The law is one of several steps the Legislature has taken in recent years with encouragement from business leaders to make it more difficult to pass initiatives. They contend initiatives such as Hometown Democracy could slow growth and the harm the state's economy.  (LB:  Yeah, the same crew that crashed the economy with overbuilding.)

Burnaman and Bishop agreed the issue may wind up being resolved by the Florida Supreme Court.

"We're not out of the game yet," Bishop said.
 
Associated Press Writer Bill Kaczor contributed to this report.
 
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  • 15 Mar 08

Florida Hometown Democracy is here to stay

First, I want to thank everyone who was involved in getting FHD where it is today.  Because if you—our petition gatherers, signers, and contributors—hadn't worked so hard, it never would have gotten this far.  Over 814,000 signatures were submitted to the Supervisors of Elections throughout Florida.

However, our ballot initiative that sought to give citizens the right to control the growth of their own communities, and hopefully bring some sanity to growth in our entire state, is being claimed to have fallen 65,182 signatures short of the 611,009 needed to make the ballot. This is partly due to a massive campaign by the development-business industry, with its huge financial resources, to crush this effort using massive mailouts to get signers to rescind their petitions. They also created a secondary sham growth-control measure, “Floridians for Smarter Growth,” that flooded the Supervisor of Elections offices with petitions at the last minute, making it hard for our own petitions to get verified in time.

We are not folding our tents or giving up this effort, which is essential for growth control, the protection of our natural resources and water supplies.  Our first job is to get all the petitions that were submitted counted.  We asked the state to extend the time limit for verification, and were promptly denied.  The state must hold the local supervisors to the election rules.  Irregularities need to be addressed.  For example, Miami-Dade Supervisor of Elections rejected valid petitions, and Broward and Bay County’s Supervisors of Elections acknowledge they did not count all the petitions.  We are also reviewing all our options for both this year and election 2010, if necessary.  Petitions are good for up to four years.

We will make the citizens’ petitions count, and we will be on the ballot. Previous polls indicate that if FHD gets on the ballot, it will pass. If these are accurate, eventually FHD will be in the Florida Constitution. Thanks again, everyone, for your past and anticipated future efforts in this important initiative.

Please contact us if you need any information or want to help:

John Hedrick, phone 850-339-5462; e-mail:  johnhedrick13@yahoo.com

Lesley Blackner, phone 866-779-5513; e-mail: lblackner@aol.com

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  • 02 Feb 08
 
The State of Florida Division of Elections alleges that the Florida Hometown Democracy Amendment has not qualified for the 2008 ballot.  We have submitted over 814,000 total petitions as of January 31, and have determined that many thousands of them were not reviewed in a timely fashion and are not included in the State’s totals.  We are confident that once all petitions that we have submitted are reviewed and counted, we will indeed qualify. We will continue to do everything in our power to ensure that all valid petitions are counted.
 
We thank the thousands of Floridians who have signed our petition, and extend special thanks to those supporters who collected petitions and donated their time and money to this important effort. 
 
Our petition drive has faced vicious developer opposition, including the running of a deceptive counter-petition, sponsored by the Florida Chamber of Commerce (which came nowhere close to qualifying), and an unprecedented, misleading revocation effort by a developer-backed PAC, “Save Our Constitution”.  We are challenging their revocation statute in court and await the court’s ruling. 
 
On December 31, 2007 a directive from the State Division of Elections was sent to the county Supervisors stating that they were not legally obligated to count all petitions submitted after that date.  Then, in early January, our opponents dumped many hundreds of thousands of petitions on the local Supervisors of Elections to clog up the petition review process.  This stunt, along with the re-scheduled Presidential Preference Primary election, ensured that all Florida Hometown Democracy petitions would not be reviewed and counted through our deadline of January 31, 2008.
 
Florida Hometown Democracy realizes that extracting our beloved state from the train wreck of over-development requires endurance. 
 
We are confident that, despite the many diversions, deceptions and obstructions we have encountered, Florida Hometown Democracy will ultimately be on the ballot and in the Florida Constitution. 
 
As Yogi Berra said, “It ain’t over till it’s over.” 

Thank you for your support,

Lesley Blackner
 

HELP SAVE WHAT'S LEFT OF  FLORIDA...
LET THE PEOPLE VOTE to control growth! 
PO Box 636, New Smyrna Beach, FL 32170-0636. 
Pd.pol.adv.byFloridaHometownDemocracy,Inc,PAC

 

 

 

  • 02 Feb 08 Gay marriage ban makes ballot, Hometown Democracy fails


    By Associated Press

    TALLAHASSEE — A citizen initiative to ban gay marriage will be on the
    November ballot, the only one of more than 50 active petition drives
    that qualified Friday at the deadline for signature verification.

    Hometown Democracy, which would have required voter approval of local
    growth plan changes, was the only other proposal that appeared to have
    a chance before the 5 p.m. deadline, but it missed the mark.

    Officials, though, ran out of time before they could process all
    signatures due to a deluge of petitions submitted in the past month
    and the diversion of county election workers to preparing for and
    carrying out Tuesday's presidential primary election.

    It couldn't immediately be determined if there were enough unprocessed
    signatures to have placed Hometown Democracy on the ballot.

    Each proposed state constitutional amendment required 611,009
    signatures. That's 8 percent of Florida voters who cast ballots in the
    last presidential election. The 8 percent criteria also had to be met
    in at least 13 of Florida's 25 congressional districts.

    The same-sex marriage ban was certified with 649,346 signatures —
    38,337 more than the minimum. Hometown Democracy, which was opposed by
    developers, businesses and many local officials, failed by 65,182
    signatures.

    Hometown Democracy's backers said they will continue their drive and
    seek certification for the 2010 ballot possibly within the next couple
    months. Petitions are good for four years.

    Secretary of State Kurt Browning rejected a request by the Florida
    Chapter of the Sierra Club, which supports Hometown Democracy, to
    delay ballot certification until all signatures submitted before
    Friday's deadline are checked and counted if they are valid.

    "The Florida Constitution requires ballot placement to occur on Feb.
    1, and the Division of Elections has a rule that requires the state to
    base placement on the total number of signatures received by the state
    before 5 p.m.," said Browning spokesman Sterling Ivey.

    In a request to Browning and Gov. Charlie Crist, Sierra officials said
    a delay would be justified because of the primary, which moved up this
    year from March, as well as problems in the state's electronic
    counting system and the verification process in some counties.

    Opponents of Hometown Democracy, including developers and other
    business interests, jumped the gun and declared the proposal, which
    would require voter approval of changes in local growth plans, was
    dead, at least for this year.

    Sponsors of the single-gender marriage ban announced in December they
    had obtained enough verified signatures. State officials then lowered
    the count due to a glitch in the Division of Elections' electronic
    reporting system, which had double counted some signatures.

    Browning shut down the system and stopped posting daily updates on
    division's Web site. The last official posting on Jan. 14 showed the
    gay marriage amendment was 21,989 signatures short. Hometown Democracy
    needed 109,479 more signatures.

    The next closest proposal as of Jan. 14 had less than half of the
    necessary signatures.

    After finding out it was short, Florida4Marriage.org submitted 92,000
    more signatures, said the group's leader, Orlando lawyer John
    Stemberger.

    Hometown Democracy submitted nearly 800,000 signatures, said the
    group's leader, Palm Beach lawyer Lesley Blackner.

    Some of Hometown Democracy's opponents proposed an alternate growth
    management initiative, but Floridians for Smarter Growth acknowledged
    before the deadline that it didn't have enough signatures. Its
    petitions, though, contributed to the glut that kept Hometown
    Democracy off the ballot.

    Michael Caputo of Floridians for Smarter Growth said its backers,
    including the Florida Chamber of Commerce, have not yet decided
    whether to seek certification for the 2010 ballot.

    Caputo acknowledged the campaign he's managing was designed to keep
    Hometown Democracy off the ballot this year so opponents would have
    more time to organize for 2010.

    Blackner said the law gives county supervisors of election too much
    discretion and some have given signature verification a low priority.
    She also blamed the Legislature's decision to move Florida's
    presidential primary from March to January.

    Another anti-Hometown Democracy group called Save Our Constitution
    tried to get voters to revoke their signatures under a recently passed
    law.

    It has submitted more than 10,000 revocations, said co-chairman Barney
    Bishop, chief executive of Associated Industries of Florida.

    Mary Cooney, public service director for elections in Broward County,
    acknowledged the election has played a role, but she said temporary
    workers were hired to help with the verification. Staffers were
    unable, though, to keep up with the number of petitions coming in and
    some missed the deadline, she said.

    (c) Naples News


     

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  •  18 Dec 07 Your help is needed to make the signature goal
Hello to FHD supporters!
 
     I’m wishing you all Florida Hometown Democracy for the holidays and in the coming New Year!
 
     It’s been a busy week.  First, my email address was hijacked and a "colorful" email was sent to just about every elected official in Florida.  Good thing I have a sense of humor!  Then, the State Division of Elections website started doing funny things, like subtracting numbers of valid petitions.  Shall I say Florida is still the state that can’t count straight?  We do have a paper trail and will get this straightened out, but it’s distressing to deal with.  Also, our appeal on the outrageous revocation statute has been accepted and fast-tracked by the First District Court of Appeals and we will know by January 31st if it will be overturned.
 
     Finally, we have collected and turned in OVER 600,000 total petitions.  Our validity rate is running around 75%-80% meaning we still have a way to go to NET 611,000 valid signatures.  Most rejects are because many signers are still not registered to vote.  And our numbers unfortunately are NOT accurately reflected on the state website due to their "technical difficulties".  We have not built up a “cushion” to protect us from the revocation sabotage, so PLEASE keep sending MONEY and PETITIONS.
  We will be accepting petitions through January 20th, but really Santa’s helpers need to send PETITIONS and DONATIONS now. 
We've heard that the Dark Side opposition is amassing their petitions to submit all at once in order to flood the Supervisors so they won't be able to get our petitions counted by the January deadline.
 
  We will make it if you go out and send us 10 or 15 petitions and a donation of at least $25-100. 
 
Read on below if you need further testimony from a professional planner of why Florida Hometown Democracy is essential to saving Florida’s future.
 
Best,
Lesley
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From: The Tallahassee Democrat
 
Article published Dec 17, 2007

Sign and gain freedom from a squandered future

By Daniel Parker
MY VIEW
 
A once-small group of Floridians frustrated with their local elected officials over land-use decisions now numbers more than 300,000 citizens who have signed a petition supporting the Florida Hometown Democracy amendment.
 
The amendment is focused on reducing the number of local comprehensive plan changes by giving voters an opportunity to veto them. In letters to papers in Florida , the James Madison Institute, Florida Chambers of Commerce, and others have called the initiative "draconian," "impractical," "extreme" and "severe." If that argument doesn't work, then land-use decisions are called "too complex" for the general public to understand.
 
There is some merit in these responses, but not enough to dismiss the concept of Hometown Democracy outright.
 
Florida communities and environmental resources have suffered from permissive development policies heavily subsidized on the back end by taxpayer. We now have aquifer contamination and polluted springs, from Wakulla to Wekiva. The St. Johns River Water Management District is telling Jacksonville that its drinking water resource could pass its sustainable level after six years. The Southwest Water Management District, which includes 16 counties, has spent $200 million to help restore 3,000 acres of wetlands, forests and waterways.
 
We're spending $160 million right here in Tallahassee to offset water contamination from previous and planned development.
 
Florida's sprawling development now has us consuming 400 acres of farmland a day and more energy than New York .
 
We're in a multi-billion shortfall with our transportation infrastructure, and one of the answers is to privatize more road building. Coastal developments can't get insured, so the rest of us are insuring them.
 
Central Florida is expected to experience explosive growth, and a continuation of the land-use decisions there will overrun areas that shouldn't even be developed.
 
Sarasota County, in the midst of its Sustainable Sarasota initiative, has proposed to rein in growth by requiring super-majority commission votes on some large or intensive developments. The Marion County school superintendent says that, for schools there to catch up to the need for more facilities, the county would have to stop growing for the next three years.
 
We're talking an extreme and severe use of taxpayer money.
 
As a local planning commissioner, I dread a process that is bent toward approving development at a rate that is expensive for existing residents and communities. Instead of having to prove a certificate of need, a development can merely meet the letter of the law. This obligates a community to take on developments of questionable economic, social, and sustainable value. The "spirit" of the law is lost.
 
If the effort to balance concerns such as economic development and environmental quality, and public needs with private interests, were truly working, we surely would not be spending our public tax dollars on cleaning up springs, adding portables to schools, and fighting over who pays for crossing guards.
 
The reality is that growth management in Florida is causing more communities to lose what makes them unique and to become more homogenized, more sprawled out and more costly. Any public gain is quickly swallowed by new public costs to support new residents.
 
The new and well-meaning secretary of the Department of Community Affairs, Tom Pelham, has expressed his intent to improve the planning process. He can do it, but not alone. In the background of our planning woes, efforts to weaken the public sector have been successful. Legislation has been passed that stops votes, cuts down on amendments, limits petitions and revokes signatures. The ranks of public servants, including land-use planners, have been thinned, outsourced and micromanaged at all levels.
 
This notion of less government has been well at work in Florida . We must be reminded, however, that whether it is based in good intentions or simply an infatuation with cutting taxes, there are costs from a loss of oversight and a cut in services.
 
There is no constitutional right to pollute, or to build for private gain that leaves public expenditures. There are two things you can accomplish by supporting the petition for a Florida Hometown Democracy Act: You can preserve your public involvement and right to petition, and you can send a message to local and state officials that the status quo with land-use planning is not good enough. Not by a long shot.
 
Sign the petition. This should give Mr. Pelham the public backing to make substantive legislative changes to Florida's comprehensive planning process before the amendment comes up for a vote. You still can vote No on the November 2008 ballot.
 
·  Daniel Parker has a master's degree in urban planning and is a planning commissioner for Tallahassee-Leon County . Contact him at scribe13@comcast.net.



 
HELP SAVE WHAT'S LEFT OF  FLORIDA...
LET THE PEOPLE VOTE to control growth! 
Help put HOMETOWN DEMOCRACY on the 2008 ballot
Please download and SIGN THE PETITION 
PO Box 636, New Smyrna Beach, FL 32170-0636.  
 

 

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  • 08 Oct 07 Your help is needed to make the signature goal
Greetings FHD Supporters!
 
Only twelve more weeks till the end of the year… and our deadline looms......Scary!
 
We have collected over 500,000 total petitions.  To be on the safe side, we still need at least another 200,000 validated petitions.
 
Believe it or not, we are getting emails and phone calls from voters who fell for Thrasher’s letter - the revocation ploy.  Even though we're confident that we will prevail in our lawsuit against the nefarious revocation scheme, that it will be found to be unconstitutional and will get thrown out, we can't afford to be complacent or take any chances, and so we must collect extra petitions to compensate for any revoked petitions.
 
Please sponsor a quick petition drive to help us get where we need to be through your favorite group, neighborhood, friends, church---wherever and with whomever you hang out.  (Use the attached petition!) Send 50, 100. or 500 petitions.  These last 3 months can make or break this campaign.
 
Think about this…..how bad will it be if for some awful reason we don't make it to the ballot and you didn't do your share?
 
Please help make this happen.  Send petitions and donations--both together is best!
 
Lesley
 
 
Miami Herald
Hometown Democracy facing slimy scare tactics

Posted on Sun, Sep. 30, 2007
BY CARL HIAASEN
 
 
Land-use initiative facing sneaky tactics.
 
You can be sure you're on the right side of an issue if John Thrasher is on the other.

The former Florida House speaker and big-shot lawyer-lobbyist has sent out a mass-mailing to scare voters into removing their signatures from a statewide petition in favor of the "Florida Hometown Democracy" amendment.

The Hometown Democracy initiative would let citizens vote to approve or reject major changes to the comprehensive land-use plans in their counties or cities. For the first time, Floridians would have some direct control over how their communities grow.

Thrasher's deceptive and slimy letter is proof of the panic that has set in among those who've made a fortune raping the state and are afraid of losing their sweet ride.

The lobbyist ominously warns that, if the Hometown Democracy amendment passes, "special interests" will triumph and "Big Developers" will wreck Florida 's "scenic beauty."

Like it's not happening now?
Special interests already manipulate many county and city commissions - not to mention the Legislature - while Florida 's green space continues to disappear under bulldozers at the rate of hundreds of acres per day.

What Thrasher neglects to reveal in his fright mailing is that big developers and landholders are the ones most frantically opposed to the Hometown Democracy movement, and that he himself represents some of the biggest, including the St. Joe Co. that is selling off the Panhandle.

He says allowing the voters to decide whether they want a new megamall or condo tower down the street could stifle growth and cause taxes to go up - another cynical fiction designed to frighten middle-class workers and the elderly.

What really causes taxes to soar is the need for increased services due to overdevelopment and overcrowding. Bad planning means that the public ends up paying dearly and repeatedly for more roads, fire stations, police patrols, water-treatment plants and schools.

Lots of folks in Miami-Dade, Broward and Palm Beach counties will tell you that runaway growth has done nothing but push up their tax bills and diminish the quality of their family's lives.

All over the state, Floridians are disgusted by the failure of their elected officials to do restrained, responsible planning. That's why the Hometown Democracy petition has momentum.

While it might not be the perfect answer to derailing the engine of manic greed that's ruining so many lovely places, many residents are so heartsick and frustrated that they would welcome a dramatic change.

According to the Web site www.floridahometowndemocracy.com, petition supporters have collected about 331,000 verified signatures of the 611,009 needed to place the amendment on the November 2008 ballot.

Thousands more signatures are awaiting validation. The deadline for signing is Feb. 1, only four months away, which has lent urgency to the opposition's propaganda blitz.

Nothing is so horrifying to some developers and corporate interests as the prospect of having to deal directly with citizens when trying to get a building project passed. It's much easier to woo politicians, whose loyalties often can be purchased with a hefty campaign contribution or outright bribes.

That's the way things have always worked in
Florida , which explains the plague of ugly sprawl.

Predictably, opponents grandiosely calling themselves Floridians for Smarter Growth have cooked up a rival constitutional amendment that would require 10 percent of voters in a city or county to sign a petition, before any land-use referendum takes place.

The petitions could be signed only at the office of a municipal clerk or elections supervisor, an inconvenience that virtually guarantees a fatally low turnout.

Obviously, the forces behind Floridians for Smarter Growth aren't interested in participatory democracy. They want the public to shut up and let the politicians do their thing.

According to the South Florida Sun-Sentinel, the group raised $841,000 between April and August. Major donors included the National Association of Home Builders, the Florida Chamber of Commerce and U.S. Sugar.

It's a motley roster of special interests whose motives are anything but pure.

The Hometown Democracy movement undoubtedly was the prime target when pro-development legislators passed a law allowing voters to revoke their signatures from amendment petitions.

That opened the door for John Thrasher's specious letter pretending to denounce the very developers for whom he's shilling. In urging citizens to abandon the Hometown Democracy campaign, he blames "slick lawyers" for tricking them into putting their names on the petition.

Thrasher himself is one of the slickest lawyers in Tallahassee , and it is he who has stooped to shameless trickery.

His scare letter comes with a postage-paid envelope. Mail it back with the two-word reply of your choice.

Carl Hiaasen writes for The
Miami Herald.

 
 
 
HELP SAVE WHAT'S LEFT OF  FLORIDA...
LET THE PEOPLE VOTE to control growth! 
Help put HOMETOWN DEMOCRACY on the 2008 ballot
Please download and SIGN THE PETITION 
PO Box 636, New Smyrna Beach, FL 32170-0636.  
 

                                                    ______________**________________

 

  • 09 Aug 07  This 'new' dispute is as old as democracy
By HOWARD TROXLER, St. Pete Times Staff Writer
 
The coming fight for the soul of Florida is the oldest political fight there is.
 
As we duke it out between now and November 2008, we will call it by its current label, "Hometown Democracy."
 
But it's really an argument that began 2,500 years ago on a hillside in Athens.
Can citizens govern themselves wisely? Or should somebody else make decisions for them?
 
Florida Hometown Democracy is a group that wants to give voters control of major growth decisions in our state. The group is petitioning to put a constitutional amendment on the 2008 ballot.
 
Countless times over the past 25 years, I have watched opponents show up at public hearings, angry, energized, saying the same things to fight a proposed development.
 
Their City Council or County Commission shrugs and says, "Where were you when we were drawing the maps? Our maps tell us that we cannot say no."
 
So here is the genius of Hometown Democracy: It says that voters get to draw the maps in the first place.
 
To be precise, the group's amendment would require local voter approval for any change in a community's "comprehensive plan."
 
Plato would hate it. Aristotle would fret. Socrates would ask irritating questions for 15 hours or until somebody made him drink hemlock.
 
Me, I kinda like it.
 
I like it because (1) I am flat-out sick of local government saying yes and (2) because the opponents are frothing with ridiculous overstatement.
"This will lead," warns a builder-funded group with the ironic name of Floridians for Smarter Growth, "to far less planning, increased urban sprawl, much more traffic, higher property taxes and anemic municipal services."