Opinion: Silencing opposition to developers

As though the rules weren't already stacked in favor of developers, some Florida legislators want to make it even more difficult for residents to oppose projects that could harm the environment. Two bills filed in the state Senate and two in the House would put limits on those who can speak against a construction project based on environmental concerns and scare others away with the threat of heavy financial penalties.

In the Senate, two influential Republicans are sponsoring bills that would inhibit the little citizen oversight that still exists. Sen. Jim King's bill (SB 270) would put further restrictions on residents who believe environmental protection laws are being broken. The bill would limit those who can oppose a state permit for a development project, and it would threaten those who do so with the possibility of having to pay the developers' legal fees.

Sen. Ken Pruitt's bill (SB 280) launches an even wider assault on the citizens' right to be heard. He would change the Administrative Procedures Act to make it more difficult for citizens in all hearings, including environmental permit issues, to question state action. Administrative procedures were created to simplify the regulatory process and encourage residents to get involved, but changes such as those recommended by Pruitt have made the rules more complex and daunting.

House Bill 819, sponsored by Gaston Cantens, R-Miami, is similar to King's bill, and House Bill 257, sponsored by Joe Spratt, R-Sebring, is similar to Pruitt's bill. If any of them pass, it would be a serious setback for the right of Florida citizens to be heard by their state government.

Besides, they are unnecessary. One of the most eloquent opponents of the bills in the House is Rep. Larry Crow, R-Palm Harbor. Individuals already face an arduous and costly task to take on a developer over a permit, Crow said. And he should know. A lawyer, Crow sometimes represents developers during the regulatory process.

"If you make the process any more difficult, it is going to unduly limit the rights of the people," he said.

Maybe that's the point. State rules are already tilted in favor of developers, and Gov. Jeb Bush has filled regulatory agencies with administrators who are obviously developer-friendly. But that isn't enough for the groups supporting the bills, including the Association of Florida Community Developers (land developers), Florida Home Builders Association and the Florida Chamber of Commerce. They don't want anything to get in the way of profit, not even a Florida resident's rights.

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