Mike Bennett: Friend of Developers

Florida Sen. Mike Bennett has been trying to kill growth management for years. The reason is Bennett runs the PAC Citizens For Housing & Urban Growth. The Florida House and Senate approved HB 7207. Bennett gave his spin on the bill.

“The local governments have been screaming and hollering to ‘give us back control of our communities.’ How could Tallahassee possibly know what is good for downtown Bradenton?” Bennett said.

That's funny. When Bennett was pushing SB 360 last year local governments complained that the change in growth management rules from state to local would increase costs for local government. Judge Charles Francis agreed when he found SB 360 unconstitutional.

The decision by Tallahassee Circuit Judge Charles Francis says the law is an "unfunded mandate" that would force cities and counties to spend at least $3.7 million to rewrite their land-use plans.

"The court finds this amount is not 'fiscally insignificant,' " Francis wrote in his ruling, noting that 264 communities would have to pay at least $15,000 to change their plans.

From a policy standpoint, HB 7207 would create a bureaucratic nightmare. Imagine counties arguing over roads, retention ponds and development taxes with no guiding state policy. Bennett and other Republicans want to get rid of state government oversigth because they believe development lobbyists can buy commissioners and city council members off with campaign contributions. It certainly proved true with Bennett. Developers donate huge into local elections. The late developer Ralph Hughes bought Sen. Jim Norman's wife a house.

Bennett's spin is that we need to get rid of growth management rules to spur more home building to create jobs. This makes no sense when Florida leads to nation with 441,461 unsold foreclosed homes. Who does Bennett expect to buy houses in Florida. Why we are at it, we can ask Bennett and his Republican colleagues why are the "rocket docket" foreclosure courts they created are so ripe with banks using fraudulent documents to illegally remove homeowners from their houses. Bennett's brilliant plan is to build homes that no one wants to buy. Remove owners from those homes. Banks then can't sell those homes. Repeat cycle.

Nathaniel P. Reed Endorses Amendment 4

Highly respected conservationist Nathaniel P. Reed has come out and endorsed the Florida Hometwon Democracy-backed Amendment 4.

I have pondered the pros and cons of Amendment #4 for months. I have listened to expert land use planners and attorneys who warn that the amendment is not perfect and might have “unanticipated consequences”. I have listened to the proponents who are dissatisfied with the obvious consequences of the existing system. They have been repeatedly ignored by their elected officials who promised careful consideration of development plans and then allowed projects that are unsound and will cost the existing taxpayers a fortune.

As I have traveled the state I have seen the cost of bad development decisions by local government who have made Florida the foreclosure capital of the nation. I am struck by the continued efforts by the development community to convince county and city officials that they can restore Florida’s economy by doing more of what made it crash.

The suggestion that Amendment 4 will cost the taxpayer’s money is laughable when you look at the untold millions the current system has cost us. Overbuilding has left Florida’s economy in shambles. It is the major reason that property taxes have skyrocketed. It is the single biggest factor in uncounted environmental damage to Florida’s natural systems. Every study ever done shows that bad growth management costs citizens in money and quality of life.

I have been involved in the state’s once meaningful comprehensive planning program for 30 years, beginning with then Governor Bob Graham’s efforts to produce a new vision on how Florida could grow and prosper with due regard to livability and protection of unique areas that make our state uniquely beautiful.

During the intervening years the mad, insatiable desire of the development community has overwhelmed local concerns and produced a Florida that is uglier than it ever should have become. We have lost the promise of thoughtful development that create livable communities and substituted “pay for play” as the standard for development approval.

There are faults with Amendment #4, but with the evisceration of the Department of Community Affairs that once was the hallmark of sound decision making, I am at the stage where I believe that we need to take a chance. We need to send a message to our elected officials that communities have a right to control their destiny.

My vote for Amendment 4 represents my discontent if not disgust with the return to an era of uncaring, anything goes development without caring for local input or the impact on our remaining undeveloped land.

Nathaniel Reed

What Reed is saying is however imperfect he may think Amendment 4 is the lack of proper growth management makes be amendment's passage a must.

Amendment 4 Monster Ad

The latest Florida Hometown Democracy ad has a Halloween theme. The Dozer" ad is hard to top. The "Monster" ad is fun, but doesn't convey the gravity of how growth has gone unchecked in Florida.

New Florida Hometown Democracy Ad: Dozer

This gets my vote for second best ad of the Florida election season. Florida Hometown Democracy released an ad promoting Amendment 4. The image of a voter get run over by a developer's bulldozer is to the point and clever. Political ads are suppose to be simple and memorable. This ad fills that function. Ads by Kendrick Meek and Bill McCollum illustrate what haapens when a campaign tries to be too slick.

Florida Hometown Democracy Interview

Florida Hometown Democracy founder Leslie Blackner and campaign’s communications director Wayne Garcia talk to WMNF about Amendment 4. The amendment will allow Florida voters to vote on land use changes. Garcia explains, if approved, the amendment will allow voters to decide on major projects. Voters will not have to go to the ballot to decide if a traffic light or a bus stop. You can listen to the interview on WMNF. Click the audio link at the top of the page.

SB 360 Declared Unconstitutional

Florida State Sen. Mike Bennett was the sponsor of SB 360. The bill repealed the Growth Management Act of 1985. Bennett and Ron Reagan runs the the PAC Citizens For Housing & Urban Growth. The PAC receives contributions from construction and developers. The PAC uses the money to donate to Republican candidates.

Bennett got bad news: Tallahassee Circuit Judge Charles Francis overturned SB 360 unconstitutional. SB 360 allowed developers to be exempt from building or paying for construction of new roads. As policy, it is assinine for groth management and transportation. The taxpayer would be left paying for new roads.

The decision by Tallahassee Circuit Judge Charles Francis says the law is an "unfunded mandate" that would force cities and counties to spend at least $3.7 million to rewrite their land-use plans.

"The court finds this amount is not 'fiscally insignificant,' " Francis wrote in his ruling, noting that 264 communities would have to pay at least $15,000 to change their plans.

From SB 360.

providing legislative findings relating to transportation concurrency exception areas; providing for the applicability of transportation concurrency exception areas; deleting certain requirements for transportation concurrency exception areas; providing that the designation of a transportation concurrency exception area does not limit a local government’s home rule power to adopt ordinances or impose fees and does not affect any contract or agreement entered into or development order rendered before such designation;

The bill also revises requirements for adoption of impact fees." That translates into developers are off-the-hook from paying local governments. SB 360 is a horrible piece of legislation. Judge Francis did the right thing by declaring it unconstitutional.

Florida Hometown Democracy on 2010 Ballot

Florida Hometown Democracy has pushed for a state amendment to allow voters to have greater say over land use issues. Gov. Charlie Crist signing SB 360 effectively repealed the Growth Management Act of 1985. Smart growth management is needed more than ever in Florida. Fortunately, the FHD amendment will be on the ballot in 2010.

Here is the press release.

WE’VE MADE IT!!
On Monday, June 22, 2009, the Florida Division of Elections certified Florida Hometown Democracy's proposed constitutional amendment for the November 2010 ballot as Amendment 4! This certification follows the Florida Supreme Court’s recent emergency order striking down the petition revocation scheme created by the Florida Legislature.

Florida Hometown Democracy submitted 711,168 valid petitions throughout the state to qualify for the ballot.

Blackner also wants to thank the many, many Floridians who have gotten this important reform to this threshold. “We all collected petitions, donated money, talked to our friends and family to make this happen. Now we have to make sure Hometown Democracy gets to where it needs to be: in the Florida Constitution.”

Blackner reminded Floridians to beware of the deceitful proposed amendment hiding under the name “Floridians for Smarter Growth.” "This ridiculous proposal pretends to give a vote on growth but the devil is in the details: voters get a referendum on a comprehensive plan change only if 10% of the voters go in person to the supervisor of elections office to sign a petition within 60 days of passage. It discriminates against many, many Floridians, including the home-bound and military deployed abroad, who are excluded by design from participating in any such petition process," she added.

ENJOY!!!!!!!!!!!!!!!

FHD vice president Ross Burnaman told the Tallahassee Democrat Amendment 4 would only apply to long term growth plans.

"It does not apply to zoning, rezoning, variances, subdivision plats or building permits," Burnaman said. He said business interests opposed to the amendment were distorting its purpose and effect, by warning that it would destroy jobs and halt virtually all growth.

"They said that about the minimum-wage amendment, too," said Burnaman. "That’s a red herring."

Opponents of FHD attempted to smear the group by using fake strippers. The target was FHD supporter Joe Redner.

Charlie Crist Loves the Growth Monster Part 2

I wrote last December on how Gov. Charlie Crist loves the growth monster and has no interest in seriously reforming Florida's tax system. Crist sign SB 360. The bill is a giveaway to developers and makes growth management harder.

Crist knew the bill was a stinker and held no public signing ceremony. Sponsor Sen. Mike Bennett wrote SB 360 for the purpose of gutting the Growth Management Act of 1985. New houses will be built (in a state with a foreclosure crisis) in any area deemed economic development projects.

Developers are a huge lobbying industry in Florida. County commissions will stumble over each other designating lands fit for "economic development. Nevermind if local communities can handle to increased traffic and water needs. Politicians will leave that for others to worry about as they seek higher office.

Florida News Capital has a video story on SB 360. Howard Troxler pens a superb op-ed that asked Crist to veto the bill. (Too bad Troxler failed to convince the Governor.)

The Impact Fees Tax Shift

Florida Sen Mike Bennett is sponsoring SB 630. The bill is designed to favor the development industry. Florida is second in the country in foreclosures. It is no coincidence the real estate industry is Bennett's top campaign contributors. New development would drive down the already unstable real estate market and forced the public to pay for new roads and sewage. Infrastructure costs will not go away. The expenses will be shifted away from developers. Welcome to Florida's tax shift game.

The last thing needed is the construction of new homes. A Miami Herald and CBS study found it will take years to sell current empty homes. This study was done before the recession.

CBS and the Miami Herald collaborated to report that at the current sales pace, it would take nearly three years to sell all the condominiums on the market. For single-family houses, it would take almost two years. Meanwhile the U.S. dollar is plummeting to record lows.

The text from Bennett's bill.

An act relating to impact fees; providing for a 3-year moratorium on the imposition or collection of impact fees by a county or municipality; providing for future expiration of the moratorium; providing an effective date.

The Hillsborough County Commission is using the recession has an excuse to waive impact fees. The county is experiencing a 20-month backlog of homes. Smart Growth activist Mariella Smith wrote, "Incredibly, four of the seven commissioners — Jim Norman, Ken Hagan, Kevin White & Al Higginbotham — see the solution to our housing glut as MORE housing." And many Florida pols would rather have you pay the impact costs than developers.