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Backers of ballot proposal try again

Florida Hometown Democracy takes its land use amendment back to the Supreme Court.

By ASSOCIATED PRESS
Published April 4, 2006

TALLAHASSEE - A group that wants voters to have the final say on where new homes, roads and other developments are built took a second shot Monday at getting approval from the Florida Supreme Court to put their plan on the ballot.

The justices narrowly rejected an earlier version of the proposed constitutional amendment. But they seemed more receptive because the amendment's sponsor deleted a sentence in the ballot summary that they had ruled was misleading and "emotional rhetoric." The high court made no immediate decision.

Florida Hometown Democracy, though, already has missed a Feb. 1 deadline for submitting enough signatures for the ballot this year, but it has plenty of time for the 2008 election.

The citizen initiative would require local governments to hold referendums on proposed changes in land use plans or when adopting new ones. Cities, counties and school boards are against that idea, saying it will grind government to a halt.

The high court last year ruled against the amendment in a 4-3 opinion. The rejected sentence said public participation in land planning benefits conservation, natural resources protection and the quality of life.

The majority called that "emotional rhetoric" and noted land use also includes factors such as traffic, utilities, housing and parks.

Hometown Democracy lawyer Ross Burnaman told the justices the offending sentence has been removed and argued for approval.

[Last modified April 4, 2006, 03:00:35]