Advisory Opin. to Att. Gen. re Growth Mgmt.

• Decision Date: 18 December 2008
• Docket Number: No. SC08-492.,No. SC08-318.,SC08-318.,SC08-492.
• Citation: 2 So.3d 118
• Parties: ADVISORY OPINION TO the ATTORNEY GENERAL RE FLORIDA GROWTH MANAGEMENT INITIATIVE GIVING CITIZENS the RIGHT TO DECIDE LOCAL GROWTH MANAGEMENT PLAN CHANGES. Advisory Opinion to the Attorney General re: Florida Growth Management Initiative Giving Citizens the Right to Decide Local Growth Management Plan Changes.
• Court: Florida Supreme Court

2 So.3d 118

ADVISORY OPINION TO the ATTORNEY GENERAL RE FLORIDA GROWTH MANAGEMENT INITIATIVE GIVING CITIZENS the RIGHT TO DECIDE LOCAL GROWTH MANAGEMENT PLAN CHANGES.

Advisory Opinion to the Attorney General re: Florida Growth Management Initiative Giving Citizens the Right to Decide Local Growth Management Plan Changes.

No. SC08-318.

No. SC08-492.

Supreme Court of Florida.

December 18, 2008.

Rehearing Denied January 29, 2009.

Original Proceeding—Advisory Opinion to the Attorney General.

Bill McCollum, Attorney General, Louis F. Hubener, Chief Deputy Solicitor General, and Joslyn Wilson, Assistant Attorney General, Tallahassee, FL, for Petitioner.

Stephen H. Grimes of Holland and Knight and Susan L. Kelsey of Kelsey Appellate Law Firm, P.A., Tallahassee, FL, on behalf of Floridians for Smarter Growth, Inc., as Sponsor.

Ross Stafford Burnaman, Tallahassee, FL, on behalf of Florida Hometown Democracy, Inc., as Opponent.

WELLS, J.

The Attorney General of Florida has requested this Court's opinion as to the validity of an initiative petition sponsored by Floridians for Smarter Growth, Inc., and the accompanying Financial Impact Statement submitted by the Financial Impact Estimating Conference. We have jurisdiction. See art. IV, § 10, art. V, § 3(b)(10), Fla. Const. For the reasons explained below, we conclude that the proposed amendment complies with the single-subject requirement of article XI, section 3 of the Florida Constitution, that the ballot title and summary comply with section 101.161(1), Florida Statutes (2008), and that the financial impact statement complies with section 100.371, Florida Statutes (2008).

I. FACTS

The Smarter Growth initiative petition seeks to amend article II, section 7, of the Florida Constitution. The ballot title and summary read as follows:

Florida Growth Management Initiative Giving Citizens the Right to Decide Local Growth Management Plan Changes Allows Floridians to call for voter approval of changes to local growth management plans through a citizen petition. Voter approval of growth management plan changes will be required if 10% of the voters in the city or county sign a petition calling for such a referendum. Defines terms and establishes petition requirements.

The full text of the proposed amendment states:

a) Statement and Purpose:

The Legislature has enacted growth management and land use planning legislation; these laws do not provide for voters' direct approval of the resulting plans or amendments. The purpose of this amendment is to provide a limited opportunity for voters to approve or disapprove these plans or amendments. Because thousands of growth management plans and amendments are adopted statewide each year, this amendment would limit such referenda to situations where a sufficient number of persons file a petition seeking such a referendum during a set period of time. The criteria for signing and filing a petition are intended to demonstrate that there is substantial interest in a referendum, and are based, in part, on existing Section 550.175, Fla. Stat. This amendment is intended to modify existing law, permit flexibility in future growth management-related legislation (except rules which would affect voters' ability to petition for referenda), and pre-empt or supersede recent proposals to subject all comprehensive land use plans and amendments to votes, thus balancing competing interests without over-burdening voters.

b) Amendment of Florida Constitution:

Art. II, Section 7, Fla. Const., is amended by inserting the following new subsection at the end thereof, to read:

Florida Growth Management Initiative Petitions.

a) In addition to any power or ability of voters to participate in growth management planning processes provided by this Section or by general law, the registered voters of a local government may offer a Florida Growth Management Initiative Petition regarding any growth management plan or amendment to such a plan.

b) If a valid and sufficient Florida Growth Management Initiative Petition is filed and verified by the appropriate election authorities for a local government, the local government shall conduct a referendum approving or disapproving the specific growth management plan or amendment. The referendum shall be conducted as provided by applicable general law of the State or the local government. If a plan or amendment is disapproved in such a referendum, it is not effective and may not be adopted or implemented by the local government or relied on by others. The fact that a plan or amendment has been the subject of a referendum under this Section does not preclude future changes to that plan or amendment, or exempt such changes from these or other procedures and requirements. If a valid and sufficient Florida Growth Management Initiative Petition is not filed for a particular plan or amendment, notwithstanding any other provision of this Section or of general law, no referendum on that particular plan or amendment shall be held pursuant to this Section.

c) Definitions: For purposes of this section, the following terms shall have the following meanings:

1) "Local government" means a county or municipality.

2) "Growth management plan" means a plan to guide and control future land development in an area under the jurisdiction of a local government, including a comprehensive land use plan or similar document, and includes amendments to such plans, however described.

3) "Florida Growth Management Initiative Petition" means a written petition, on a form designated for that purpose, containing and describing all elements of the applicable growth management plan or amendment, and otherwise conforming in all respects to any requirements imposed by general law. Not more than one applicable growth management plan or amendment may be included in any one petition.

4) "Offer a Florida Growth Management Initiative Petition" means, in addition to any other requirement imposed by general law, that one or more individuals registered to vote for elections of a local government may complete a Florida Growth Management Initiative Petition form and deposit the form with the County Supervisor of Elections or City Clerk (or similar election authority for the local government). The individuals completing the form must provide identification information, including name, address, telephone numbers, any Internet address or website owned, operated or used by the individuals which contains or will contain information on the particular plan or amendment which is the subject of the Petition, and any information indicating whether they have a financial interest in the particular plan or amendment which is the subject of the Petition (including interests involving personal, commercial or other land uses affected by the plan or amendment), and if so, describing the financial interest. The identification information shall be made available to the public, along with notice of the availability of the Petition; posting of this information on the Internet, in a manner reasonably calculated by the election authority to inform the public, shall be considered sufficient public availability of this information. Individuals who are registered voters of the local government and who are in favor of holding a referendum on the particular growth management plan or amendment shall be permitted to sign the Florida Growth Management Initiative Petition; a signature shall be affixed in a manner which clearly indicates that the signer is in favor of holding the referendum. Every signature upon every Florida Growth Management Initiative Petition must be signed at the office of the appropriate County Supervisor of Elections or City Clerk (or similar election authority for the local government), and the signer must present at the time of such signing evidence showing the person's qualification as a voter of the local government at the time of the signing of the petition. Once the appropriate County Supervisor of Elections or City Clerk (or similar election authority for the local government) determines that, prior to verification, the Florida Growth Management Initiative Petition contains the facially-valid original signatures of at least ten percent of persons registered to vote in elections of the local government, the election authority shall notify the persons who completed and deposited the petition form. The election authority shall inquire if the persons wish to offer the Florida Growth Management Initiative Petition for verification of the signatures; if the persons wish to offer the Florida Growth Management Initiative Petition, the election authority shall verify the signatures, with any costs paid by the offering persons, and consider the Petition offered and submitted.

5) "Valid and sufficient Florida Growth Management Initiative Petition" means a written petition containing the valid original signatures of at least 10 percent of persons registered to vote in elections of the local government, and which is offered and submitted to the appropriate County Supervisor of Elections or City Clerk (or similar election authority for the local government) within sixty days from the date of the first signature on the petition.

c) Effective Date and Severability:

This amendment shall be self-executing and effective on the date it is approved by the electorate. If any portion of this measure is held invalid for any reason, the remaining portion of this measure to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application.

Floridians for Smarter Growth, the sponsor of the amendment, filed briefs in support of the proposed amendment. Florida Hometown Democracy, Inc., which previously submitted a competing proposed amendment that would require local governments to hold referenda on new comprehensive land-use plans or amendments to existing comprehensive land-use plans, see Advisory Op. to Att'y Gen. re...