Florida Smarter Growth Land Use Initiative (2010)

Not on Ballot
This measure was not put on an election ballot

The Florida Smarter Growth Land Use Initiative did not appear on the November 2, 2010 ballot in Florida as an initiated constitutional amendment to the Florida Constitution after supporters failed to collect sufficient signatures to place the measure on the ballot.

The initiative proposed voter approval of changes to local land-use plans only if 10 percent of local voters sign a petition calling for the referendum. The initiative came as a response to the Florida Hometown Democracy Land Use Initiative (2010).

Support

Supporters of the initiative argued that unlike the Hometown Democracy initiative, the Smarter Growth petition would not place all minor and technical comprehensive plan changes on the ballot. Instead the initiative would place only major issues on the ballot for voters to vote. According to the group, the state of Florida averaged 10,600 land use changes per year and to place each on the ballot would only clutter the ballot.

Court ruling

In December 2008 the Florida Supreme Court ruled that the Smarter Growth initiative met all legal requirements and could proceed to collect the necessary signatures to place the measure on the state ballot. "At a time when many Floridians are concerned about our state's fragile economy, Hometown Democracy is simply not worth the risk. Our amendment is proof positive that there are better ideas out there," said Ryan Houck, Executive Director for Floridians for Smarter Growth, of the decision.

Noteworthy events

In 2010, an investigative journalism website raised questions about a judge's possible conflict of interest related to the Smarter Growth Land Use initiative. FloridaBulldog.com reported that in December 2008, retiring Florida Supreme Court Justice Charles T. Wells had disqualified himself from cases involving his future employer, the GrayRobinson law firm based in Orlando, Florida. One month later, however, Wells participated in a decision involving the firm. On January 29, 2009 Wells voted to deny Florida Hometown Democracy's motion to rehear the Florida Smarter Growth Land Use case.

Wells reportedly accepted a senior position at GrayRobinson after authorizing the approval of Smarter Growth's petition. In response to the questions surrounding a possible conflict of interest, Wells said that "the case had nothing to do with GrayRobinson, directly or indirectly."

GrayRobinson did not represent Smarter Growth, sponsors of the proposed initiative; however its lawyers reportedly had a significant financial interest in the group.

Path to the ballot

See also: Florida signature requirements

As of June 6,2009, the group, Floridians for Smarter Growth, had gathered 443,510 signatures to add its proposal to the ballot. According to state signature requirements, in order to add the question to the 2010 state ballot 676,811 verified signatures must first be collected. The group had until February 1, 2010 to collect and certify the required signatures to place the initiative on the 2010 ballot. However, according to reports, the group failed to collect sufficient signatures by the February deadline.

See also

• 2010 ballot measures
• Florida 2010 ballot measures