Professional Documents
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Community Stewardship I A Citizen's Guide To Participating in Florida's Growth Management Process
Community Stewardship I A Citizen's Guide To Participating in Florida's Growth Management Process
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A Citizen’s Guide to
D E C E M B E R
Participating in
Florida’s Growth
Management Process
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F L O R I D A
O F
F R I E N D S
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Table of Contents
A Community Crisis 2
Getting Started 4
Building Support 14
Preserve or Replace 42
Appendix A Glossary 46
Appendix B Contacts 47
Appendix C A Public Relations 48
Case Study
F
lorida welcomes more than 800 men, women, and children every day.
That’s a population increase of almost 300,000 a year––the equivalent
of a large city. Citizens across the state express a rising concern
about the unrelenting development associated with this runaway
population growth, as they face clogged roads, crowded schools, strip
development, and impacts on our air, water, and natural and historic
areas. It becomes harder and harder to preserve the quality of life
that is Florida’s great attraction. If there ever was a time for Florida
communities to grow in a smart and sustainable manner, it is now.
We hope you find one or both of these handbooks helpful as you strive
to bring about positive change in your community.
2
A Community Crisis
Historic preservationists in Tallahassee were alarmed when a proposal surfaced in the mid 1980s
to relocate one of the few remaining antebellum buildings out of the downtown Park Avenue
National Register Historic District. They claimed that such a relocation would harm the integrity of
the historic district and, worse, set a bad precedent. What’s more, no guidelines were in place to
ensure compatible future development on the property.
After numerous emergency meetings, phone calls, and presentations before elected officials
and staff, the city commission agreed to stop the relocation. But the commissioners warned
the preservation community that, to prevent future crises like this, it needed to develop a
comprehensive approach to historic preservation downtown.
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3
T
allahassee’s historic preservation board ervation measures, obtained coverage for their concerns in
responded by establishing a task force to the local paper, and lobbied elected officials heavily.
work on an ordinance to protect historic
downtown properties and provide guidance The preservationists also rallied and established a network
on new development. City and county officials, preserva- of grassroots supporters. They made presentations to
tionists, and property owners joined the task force. They the appropriate boards and commissions. They obtained
held a series of public meetings to obtain input before letters of support from a number of historic neighbor-
drafting their recommendations. hood associations, civic groups, community leaders, and
downtown property owners who supported preservation.
At the same time, Tallahassee was developing its local They called and met with elected officials (particularly
comprehensive plan and had also hired a consultant to the swing vote on the city commission) and wrote letters
develop a downtown plan. Preservationists participated to the editors. They met with the editorial board of the
in all the public meetings to advocate for preserva- local paper, securing highly visible editorials supporting
tion provisions in the downtown plan. They also began historic preservation. Also, at the commissioners’ request,
preparing a preservation element for the city/county preservationists helped to develop recommendations for a
comprehensive plan that stressed the importance of pro- city-funded grant and low-interest loan program for own-
tecting the downtown’s historic resources. ers of historic properties covered by the ordinance.
Unfortunately, the owners of three historic properties in the The debate, long and often divisive, finally found resolu-
Park Avenue Historic District (including the owner that had tion. The city commission passed the task force’s proposed
proposed relocating the antebellum building) adamantly historic preservation ordinance for downtown, included
opposed these regulatory efforts. While previous historic compatible preservation provisions in the downtown
preservation ordinances in Tallahassee had been voluntary, plan, and enacted the historic preservation grant and loan
the new measures would be based on the historic character program. The city and county also adopted the historic
of the properties, not owner consent. They argued these new preservation element for the local comprehensive plan.
measures violated their property rights.
Along the way, the preservationists learned a number of key
The city commission was sharply divided on the issue, with lessons: 1) Develop a consistent message—in this case about
two strong supporters of preservation, two strong opponents, the community-wide benefits of preserving downtown’s
and one swing vote. The issue quickly turned into a public historic resources; 2) Go the extra mile to keep grassroots
relations campaign. supporters informed, involved, and engaged; 3) Remain re-
sponsive to the concerns and wishes of the elected officials
As was their right, the dissatisfied owners worked hard to who are doing their best to propose “win-win” scenarios and
halt the adoption of the ordinance, element, and down- viable compromises; and 4) Direct your message where it will
town plan preservation provisions. They convinced other do the most good—in this case focusing on those who were
property owners to join them in vocally opposing the pres- undecided instead of trying to convince the opposition.
4
Getting Started
You are outraged at hearing that a new development is proposed for the woodlands behind
your neighborhood. How could someone even think of developing such a beautiful and
environmentally sensitive area? How could your elected officials allow such a thing to happen?
Surely your community doesn’t permit this type of development! What can you do to stop it?
These are often typical reactions when change is proposed, especially for an area close to your
home or your heart. This chapter outlines some of the first steps in challenging unwanted new
development.
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5
If you still have concerns after reviewing the Learn as many details as you can about the Perhaps the most important question is: Do
documents, meet with the appropriate plan- proposed development. For residential de- the local comprehensive plan and land de-
ning staff to discuss the project. You can ask velopments, find out how many units are velopment regulations already allow this type
them to help explain technical data in the proposed, how large the lots will be, how the of use on this property? If the answer is yes,
submittals, describe the review and approval streets will be laid out, how the development opposing it will be an uphill battle.
process that the proposal will undergo, and will link to existing roads, and what ameni-
identify any concerns that the planning ties (such as neighborhood parks) will be
department might have about the project. included. Meet with the
Get copies of pertinent documents they may Developer
have, and offer to reciprocate as you learn For commercial developments, you might
more from other sources. ask how large the buildings are, what they’ll Arrange to meet with those responsible for
be used for, the number of parking spaces, the proposal, particularly if it is a private
6 Getting Started
developer. If you don’t like those seeking the you were relying on is inaccurate, be sure to crease your personal credibility if you appear
changes that you oppose, put your feelings adjust your position to reflect the truth. before a public body and are able to say you
aside. To be effective, you need to know what met with those proposing the item and were
they want, why they want it, and what it will Whenever possible, identify workable unable (or able) to solve the problems.
take to move them to a position that will be compromises. You might try crafting a “win-
more favorable to your interests. (The same win” solution with the developer. In some
holds true if you support the project, and you cases, adjusting the site design or apply- Ask the Experts
want to spend energy supporting it.) ing planning strategies such as clustering
development or providing buffer areas can Growth management issues are increas-
You may find that the developer is unaware alleviate your concerns and save the devel- ingly technical and complex, and you may
of your concerns and is willing to make some oper from headaches and costly delays. need help from experts in a variety of fields
changes. Or you may learn things that could to interpret the plans and documents and
ultimately make your case stronger. On the Regardless of the outcome, such meetings identify specific concerns. Finding good
other hand, if you discover that information are always worthwhile. It will always in- technical help can be as simple as canvass-
7
Maintain a
Examine Your Objections Contact List
When opposing a project, it is
important to consider your rea-
As you contact various people and orga-
sons. Is it because you view it
nizations, keep a list that includes names,
as undesirable and do not want
it near you? This is known as
mailing and e-mail addresses, phone
NIMBYism–– the “Not In My numbers, and a brief note or description
Back Yard” syndrome. Projects about them or their role in the process.
often perceived as undesirable Group them by organization, interest, or
include affordable housing, any convenient method that works for you.
schools, and waste manage- Consider entering them in a database so
ment facilities, all of which are you can access them quickly. Keep your
essential for every community. list up to date, and you will find it’s a great
timesaver. There is nothing more frustrating
Be honest in evaluating your
than starting from scratch to find a way to
negative reaction to a pro-
contact the housing or water quality expert
posal. If you can articulate a
you met last week who offered some valu-
valid community concern, go
ahead. If the only real reason
able information.
you don’t like it is because you
would rather it be somewhere
else, and you cannot factu- Prioritize and
ally sustain your reason, think Organize
about reconsidering your op-
position. In many situations, there will be too many
issues for which to organize effective pro
and con positions. Choose the two or three
where you think you can be the most
ing your neighborhood for a land planner, effective, and devote most of your energy to
transportation planner, biologist, water those. Once you feel comfortable with what
chemist, or other expert, depending on the you’ve put together on these core issues,
issues raised. Your local university or com- take on additional ones to the extent time,
munity college is another excellent source of energy, and funds permit. You will be most
technical resource people. Some larger en- effective when you speak from personal
vironmental groups have scientists on staff knowledge about meaningful specifics.
or know how to find them. If all else fails, When you start dealing with abstractions,
every large city has private consulting firms you risk losing your audience.
available for hire.
This section provides a cursory overview of Florida’s growth management process. Please note
that the italicized text found throughout this chapter indicates when members of the public may
participate in the process.
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9
Growth Local Comprehensive Plans example, these deal with capital improve-
Management 101 Under Florida’s Growth Management Act, ments, future land use, transportation,
each city and county must adopt a local sanitary sewer, solid waste, drainage, potable
Florida’s 1985 Growth Management Act comprehensive plan consistent with state water and natural groundwater aquifer
provides an important tool to help Florida’s and regional plans. This plan is used to recharge, natural resource conservation,
communities “grow smart.” In a nutshell, the guide and control future development, deal recreation and open space, housing, coastal
growth management process requires each with problems associated with the use and management, and intergovernmental co-
level of government (state, regional, and development of land, promote public health ordination. Additionally, there are goals,
local) to adopt a comprehensive plan that and safety, and protect human, environmen- objectives, and specific policies that outline
envisions its future, and then to implement tal, social, and economic resources. how the local government will accomplish
the plan with appropriately consistent goals, the intent of the element. Each local gov-
objectives, and policies. Local governments Local comprehensive plans cover a wide ernment also must adopt a future land use
must also adopt implementing land develop- variety of matters, called “elements.” For map that shows the “proposed distribution,
ment regulations. It also includes sanctions,
should local governments fail to carry out
the requirements of the law. Public Participation and Standing ● Prepare a written statement on
Remember, public policy is shaped by your position and send it to each
The Growth Management Act includes those who participate in the process. agency that will consider the mat-
two requirements for local governments to To participate fully in Florida’s growth ter.
ensure public participation in the process. management process, ideally you ● Attend the related public meet-
First, a local government must give adequate should: ings and hearings, and sign in,
public notice of each intended action, such if possible. For comprehensive
●
as publishing notices in the local newspaper Obtain copies of the application plan amendments, be sure to sign
regarding most meetings and hearings be- (i.e., plan amendment, development in on the official Department of
of regional impact, land development Community Affairs form.
fore the local planning agency and the local
regulation change, permit, or applica- ● Speak at a meeting or hearing,
governing body. Second, the public must be
tion for a development order). and give a copy of your written
allowed to participate in a meaningful way ● Read and understand the compre- statement or correspondence to
at these meetings and hearings. Other laws,
hensive plan and land development the presiding officer for the official
such as Florida’s Sunshine Act and open regulations as they apply to the ap- record. Be sure to keep a copy for
records laws, provide even greater access to plication. your records.
documents and public officials. ● Meet with and/or call planning staff
and local elected officials to discuss Some of these steps may help
For a more detailed description of Flor- your concerns. Be aware that, under you establish “standing” (i.e., the
ida’s growth management process, local Florida law, it is not usually permis- legal right) to challenge a local
comprehensive plans, land development sible to call or meet with elected land use decision or strengthen
regulations, and development orders, see officials to discuss development or- your case if you go to court. For
ders. more details, see Community
Community Stewardship II: A Citizen’s
● Meet with the developer to discuss Stewardship II: A Citizen’s Guide
Guide to the Nuts and Bolts of Florida’s
your concerns and explore possible to the Nuts and Bolts of Florida’s
Growth Management Process, available
“win-win” solutions. Growth Management Process.
at 1000friendsofflorida.org under “Publica-
tions.”
10 Understanding the Growth Management Process
S TAT E WAT E R U S E P L A N
location, and extent of the various categories Opportunities for public input on proposed these include ordinances dealing with the
of land” that the county has included in its amendments include meeting with or sending subdivision of land, land use (zoning), com-
local comprehensive plan. written comments outlining your concerns patibility, well fields, flooding, drainage and
to the appropriate local governing body, stormwater management, environmentally
If a proposed development is inconsistent and sometimes the LPA and/or DCA. Citi- sensitive lands, signage, and concurrency
with the local comprehensive plan, the plan zens also may speak at public hearings on management of public facilities. These
must be amended before the development proposed amendments. See pages 24-31 of ordinances are the “laws” governing imple-
can proceed. Comprehensive plans also are Community Stewardship II for more infor- mentation of the local comprehensive plan.
routinely updated every seven years through mation on local comprehensive plans.
the Evaluation and Appraisal Report (EAR) Opportunities for public input on these or-
process. Before proposed comprehen- Land Development dinances include meeting with or sending
sive plan amendments can be approved, Regulations written comments outlining your concerns
most are reviewed by the Local Planning Land development regulations (LDRs) are to the LPA and appropriate governing body.
Agency (LPA), city or county commission or the local ordinances needed to make the Citizens may also speak at public hearings
council, and in some cases the Florida De- goals, objectives, and policies of the local held on the proposed LDRs. See pages 32-37
partment of Community Affairs (DCA). comprehensive plan work. At a minimum, of Community Stewardship II for more
Reprinted with permission of FAPA.
11
12 Understanding the Growth Management Process
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13
Building Support
You’ve done your homework. You’ve met with planning staff and experts to determine the scope
of the proposed development and its impacts. You’ve met with the developer to explore some
possible win-win solutions. You understand the planning process and are preparing for some key
upcoming meetings and hearings. You are now convinced that the new development proposed
for the woodlands adjoining your neighborhood is inappropriate and inconsistent with local plans
and regulations. What’s next?
It’s time to bring others into the process. Many citizens expressing well-founded concerns have
a better chance of drawing support than one lone voice. Also, to raise your chance for a positive
outcome, you also must begin organizing your efforts.
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15
reminders to those who pledged money but this responsibility as his or her contribution
How to Win Land haven’t sent their checks yet. to your cause.
Development Issues
In developing this chapter, 1000 You now have a list of supporters you can Even a simple web site can be an important
Friends relied heavily on How to tool. Useful content can include:
call on. Keep them informed and involved.
Win Land Development Issues
Notify them if you want them to make calls
by Richard D. Klein, Community
or turn out for key hearings or meetings. ● a brief overview of your issue
and Environmental Defense Ser-
You may wish to provide them with regular ● frequently asked questions and
vices. This paper and sample
updates as the development proposal moves responses
flyers, petitions, surveys, and other
useful materials are available at through the process. ● dates and times of important meetings
www.ceds.org. ● phone numbers and e-mail addresses for
See Appendix C for a sample letter to the contacting key elected officials and others
editor, op ed, newspaper ad, and other useful ● links to media coverage
If you plan to ask for money, ask several information. ● photos and maps that illustrate concerns
supporters to stand up and announce their ● how to donate money and volunteer
donations to get the momentum going. Web Sites services to the cause
Circulate a donation basket, and distribute More and more, advocacy groups are using ● background and contact information for
pledge cards to those who did not bring web sites to inform the public and engage your organization.
their checkbooks. Soon after the meeting, their constituencies on key issues. You may
send thank-you’s to those who donated and be able to find a volunteer willing to take on Less is often more. The simpler the site’s de-
Reprinted with permission of the artist and Copley News Service.
17
sign and content, the easier for you or your Make sure you read over the content careful- Under certain circumstances, you may wish
volunteer to manage it and keep it updated. ly to make sure it cannot be misinterpreted to send timely e-mail updates to reporters
Remember to stress your clear and concise or used against you. (Imagine your message who are covering your issue. Follow up with
fundamental message throughout the site. being forwarded to someone not sympathetic a personal phone call whenever possible and
See the Citizens for Tree Preservation web to your cause.) appropriate. Avoid mass mailings to elected
site (www.treeamendment.org) for an ex- officials; personal e-mails are more appropri-
emplary and effective site for a grassroots Consider developing several folders within ate, and only if the individual is responsive
effort that took place in Jacksonville. your e-mail address file for sending out mass to that approach.
messages when appropriate. For examples,
E-mails compile a list of grassroots supporters to Media Coverage
Consider sending periodic e-mails to keep send general updates and another of group Getting the local newspaper, radio, or tele-
supporters informed. Keep messages brief leaders who may need more technical infor- vision to cover your issue in a favorable
and to the point. Don’t send an overabun- mation. manner can give an important boost to
dance, as no one wants superfluous e-mails. your efforts. Letters to the editor and op eds
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18 Building Support
19
(opinion editorials) in your local paper and with the press. If they portray you as a David vide sounding boards to bounce ideas off of,
participation on local radio or television talk against Goliath, or a gallant knight in a sea and give other assistance with your efforts.
shows can raise awareness. See pages 30 to of mean barons, you may still be effective.
41 for much more on how to generate media Unfortunately, you’re more likely to be por- On the other hand, you won’t be protected
coverage. trayed as a local gadfly or disgruntled citizen from personal liability if sued, and it’s dif-
getting in the way of progress. ficult to use as a conduit for tax-exempt
Depending on the funds you have available, contributions. Creating an unincorporated
you might consider running an ad in the Being out there all alone with no cover can association is not recommended; however,
newspaper outlining your issue and identify- be problematic. You will be legally liable for if one already exists, working with it could
ing major supporters (with their permission). all of your actions and subject to lawsuits by save you time and effort until you can form
You may also consider buying ad time on a those who feel you have misused the pro- a more protective organization.
local radio or television station. cess. That’s not to say you should abandon
your efforts if you can’t find a group to at- Incorporation
tach to. Many individuals have succeeded on The safest and most convenient form of
Choose an behalf of smart growth in their communities organization in Florida is the nonprofit
Organizational with great accomplishments to their credit. corporation. It is easy and cheap to form,
Structure However, if it can be done within param- can be made flexible enough to work under
eters that are acceptable to you, acting with almost all conditions, and doesn’t need a lot
Decide how you want to organize early in the a group is preferable. of maintenance if set up properly.
process. Do you want to act alone or with
others? Do you want to work with a single Associations The nonprofit corporation has many bene-
group or with a coalition of organizations? If you are an active member of an interest fits. Unless you are personally irresponsible,
The following sections contain some infor- group or neighborhood organization, bring it will insulate you from personal legal liabil-
mation to help you decide. it into the process. Or form your own group. ity for actions of the corporation and protect
Working as a representative of a group is you from some personal harassment. You
There are three basic structures to choose almost always more effective than working will give the impression of having a substan-
from. You may act alone as an individual, as an individual citizen. tial organization behind you, even if it’s only
join an association, or incorporate as a Flori- you, your spouse, and a friend.
da not-for profit. Following are the pros and If you want a local organization or affiliate
cons of each approach. of a statewide group to become involved If you file the appropriate papers with
in your local planning process, get active. the Internal Revenue Service (and are
Individual Action Join, attend meetings, speak out, prepare a approved), the corporation can accept con-
The simplest, easiest, least time consuming, program and handout to provide facts about tributions that are tax-deductible for the
least aggravating––and least effective––meth- your issue. If the issue you’re concerned giver. A nonprofit corporation pays no taxes
od is to work alone, as an individual. You about meets the group’s goals, some of the (including sales tax under the proper cir-
can say what you want without checking group’s resources may be made available to cumstances) and can pay reasonable salaries
with anyone. You can appear or not appear you. At the least you may be designated as to its officers for work performed out of the
at hearings and meetings without explaining its spokesperson on your area of interest, so donations it receives.
your absence or presence. You don’t have to that when you get up at the next commis-
organize bake sales, phone trees, or car pools. sion hearing to make your presentation, you There can be problems, too, of course. You
can state that you represent the group. might even lose control of your corpora-
If you do decide to act on your own, you tion if the board of directors is not happy
may find yourself exercising the power of An unincorporated association has its pros with your actions. You can prevent this by
one in a system with more respect for the and cons. You’ll get a great deal more sup- keeping the board happy (or forming a new
power of many. That doesn’t mean you can’t port than you’d have on your own, and the corporation if they remove you from your
succeed, particularly if you can interact well members may help with the workload, pro- position).
20 Building Support
Be aware that if you decide to become a fed- what the issues are going to be, it is time Possible Allies
erally approved, tax-deductible corporation to look for allies. The perception of strong Forming effective alliances usually begins
(Section 501[c][3] of the Internal Revenue public support will enhance your power in with a little research and a few phone calls.
Code), the corporation will be prevented by the electoral processes. What other individuals and groups that
law from supporting or opposing individuals might support your point of view are active
running for office and certain other political Besides giving the impression of broad com- in your area?
activities. munity support for your issue, the support
of a number of groups also can provide the If you don’t know where to start, pull out
To incorporate, you must choose a corporate eyes, ears, and energy to cover more ground your contact list and ask for help. You’ve
name, file Articles of Incorporation with as well as provide contacts for areas of ex- probably heard about some groups and can
the Florida Department of State, and pay pertise you don’t have. Alliances tend to be locate them in the phone book or through
an initial filing fee of around $80.00. More less formal than coalitions, which may in- the local planning staff. Calling the statewide
information on incorporation in Florida is volve a written agreement. organizations will often help you reach local
available at www.1000friendsofflorida.org. groups with similar interests. Be creative in
Members of an alliance can substitute for using keywords related to your area of inter-
each other at public meetings when some- est to search on the net for likeminded local
Forge Alliances one’s child gets sick; help circulate petitions groups or individuals.
and write letters; maintain data bases; take
Your ability to influence decisions, once all over if your energies hit a low ebb and you Always keep one thing in mind: Growth
the facts are known, is usually a product of need to take a break to recharge. The more management disputes are led by individuals,
your actual or perceived power. Having a allies you have, the greater the resources not groups. When you locate the name of
number of allies helps build that perception available to work on an issue, and the bet- a group that’s a likely ally, find one or more
and thus the power. Once you have enough ter the chances of success (within the limits group members who are willing to become
basic, reliable facts on hand to determine discussed below). active in your issue. If you are successful in
this, the group will follow along. Getting the
group as a whole interested often fails unless
one of its members is willing to educate the
“Unnatural Allies”
others and secure group support.
Don’t make assumptions about who your allies will and won’t be.
You might be surprised to discover that a person or group you Don’t form alliances just for the sake of hav-
considered a “natural enemy” agrees with your position on this ing more names on a petition or handout.
issue. Though you may have reached your positions from dif- Alliances take energy to maintain, from com-
ferent goals and objectives, joining forces with such “unnatural munications to determining group positions.
allies” can prove effective in any public process. The fact that you If the energy to maintain an alliance seems
can present a diversity of community interests on your side of the to exceed the benefits it brings to the table,
issue often gives your position greater weight. carefully consider whether the effort to is
worthwhile.
If, for example, when environmental groups join with the local
chamber of commerce to accomplish a particular goal, elected
If you don’t find allies to help but feel you
officials will sit up and take notice. This type of coalition signals
broad-based community support that may not otherwise be ap-
are on firm ground factually, don’t lose heart.
parent. It’s possible and effective to form coalitions with local Once you become a vocal and active part of
civic organizations, schools-based groups, or garden clubs that the process, allies may start to appear. And
support this particular issue, even though they may not agree on if no one shows up to help, don’t give up.
other issues. Florida’s history contains plenty of examples
of one or two determined individuals making
a big difference.
21
Establish Coalitions The strengths of coalitions are in the num- individual group identity within the coali-
bers of people working together and the tion. Problems arise when individuals start
Coalitions are generally formal (often multiple resources that become available. joining the coalition instead of one of the
written) agreements among several organiza- The weaknesses stem from problems of lo- groups, or the coalition continues to be
tions, compared with more loosely formed gistics such as keeping the coalition together active on issues well beyond those behind
alliances. If a number of groups with a on positions to take, and the time-consum- its formation. This can result in a general
shared interest want to become involved, it ing process of keeping all of the individual weakening of the individual groups, because
helps to have one person or group in a lead- groups informed. when the coalition disbands, the groups
ing role. The “lead” organization would be have difficulty restoring themselves as sepa-
responsible for notices and plans for coordi- As a general rule, coalitions work better rate entities.
nated action. if each member group maintains a strong
22
Once you are confident about working within the process, you’ll be ready to begin the task of
influencing decision-makers using four basic strategies: presenting written materials, meeting
with elected officials, encouraging supporters to speak out, and speaking at public hearings.
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23
Understand the Local impact than most oral presentations and are derstand how the system works––you don’t
Process important to help you create a record that is want to worry about your own people be-
legally important in the future. Remember, coming too belligerent or talking too much.
Come into the proceedings with as much all written communications to a government
knowledge of your subject matter and the agency are public records and can be read by Meet with your own folks in advance to dis-
process as possible. Familiarize yourself with anyone. cuss how the meeting will be handled, who
the local government’s land use codes and will do most of the talking, what you want
designations and the process for implemen- to find out, and what you don’t want the
tation. Attend a meeting on other issues to Meet with Elected other side to discover. This gives you the best
get a feel of how business is conducted. Officials chance to figure out who should go and who
to leave at home.
Learn who the “players” are on both sides Establishing a personal trust relationship
and meet with all parties. Know the entire with an elected official (as with agency staff) At the meeting with officials and staff, be
history of the proposal in question. Who can be important for your cause. Meet- prepared to listen. You will learn more by lis-
stands to win and lose by the decision to be ing privately with an elected official (when tening than by talking. The most persuasive
made? Has the issue come before the local the time and type of process allow) may advocates turn out to be the best listeners.
government before? Who voted on what let you get a better understanding of his or Your ability to listen and empathize is your
side in the previous considerations of similar her position without the posturing that can ultimate tool for influencing opinion. It helps
issues? Is there a hidden agenda involved? sometimes occur at a public meeting. Such you sense whether you should keep talking
Talk to the old hands in the hallways. meetings give you opportunities to address or shut up and leave. It helps you decide
sensitive issues that you may not wish to whether the approach you’re using is the
Keep in mind that all local land use hearings address in public, and to become more than right one or you should change tactics.
are recorded, and copies of the tapes or tran- just another presenter in a sea of faces.
scripts should be available. If you are having Watch for facial expressions, nervousness,
trouble getting the information you need by When you are fortunate enough to get a continual clock-watching. When the words,
asking around or doing research, get copies meeting scheduled, consider bringing a few “I know you’re busy, so I don’t want to take
of earlier tapes that refer to your specific ar- selected members of your organization, alli- up any more of your time,” are spoken by
eas of interest. ance, or coalition. Keep the number small, an official in his office, that’s a polite way of
to include only those individuals who un- telling you it’s time to go. The more you can
Prepare a Written
Statement A Word on Public Hearings
It is surprising how many people still think that most major decisions
are made based on public hearings. This is simply not true. Not that
It is always a good idea to write down any
decision-makers plot behind closed doors on how to vote on the is-
position you intend to take in a well-orga-
sues, it’s just that public officials receive a lot of information well in
nized, well-thought-out document. Don’t
advance of the hearings. To prepare for the hearing, they read widely
wait until the last minute. If possible, always
and discuss the issues with people on all sides. By the time the hear-
have someone else read what you wrote, or ing occurs, they may already have made up their minds on how to
at least reread it yourself after a day’s rest. Re- vote.
vise your document to reflect changing facts
or ideas. Use this document to develop an It makes sense, therefore, to meet with these officials ahead of time,
outline for your oral presentations, and after so they can digest your points along with those from the opposition. If
you’ve spoken, hand it in for the record. you can’t do this, go ahead and make your presentation. But accept
the fact that it may be too late to influence their vote.
Written materials have a longer, more lasting
24 Making Your Case With Elected Officials and Staff
If a lake is polluted by run-off from a new shopping center or plans for an apartment complex
in the middle of some wetlands are submitted to the county commission, and no one––
especially the local media––notices, how can people fight it?
Reprinted with permission of the artist.
31
and advocates of responsible development news automatically, but you, the group try-
Knowledge is Power can have a profound effect on what does ing to monitor and influence growth issues,
and does not get built, how our remaining have lost a battle by that time. You want to
Knowledge is power, especially for watch- wild lands are treated, and what projects be in on the front end, stopping the bad
dog and advocacy groups who need to get get approved on the local and state levels, policy before it starts. Publicity can obvi-
their message out to function effectively. if they learn to communicate with newspa- ously help you win public, even political
You need the media to publicize your goals pers, radio and television stations, and other support.
as well as alert current and potential sup- journalistic outlets. Well-placed stories can
porters to your campaigns. You need the inspire developers to back off of controver- Don’t contact the media until you are
media to counteract the popular idea that all sial projects or at least work with you rather fairly sure of what you have. If you think
growth, no matter how egregious, environ- than against you. a building is going up in the wrong place,
mentally insensitive, or just plain illegal, is or a county comprehensive plan is being
inevitable and unstoppable. violated or a waterway being polluted, get
Be Aware of Timing the goods, chapter and verse. Reporters are
In Florida, there’s often this rather resigned not (unlike you) advocates. They are not
sense that developers––the ones with the It’s best to alert the press before the beach is going to help you fight every battle. They
money and the political clout––will always compromised or the ecosystem destroyed or are not scientists, either, so try to present
win. But it’s not true. Environmental orga- the wetlands drained. Things ruined, places data in a form digestible by the layperson.
nizations, growth management watchdogs, irreparably damaged, will probably make the
32 Working With the Media
Know Your Stuff Ask yourself how your concern will affect the Anticipate objections. Play devil’s advocate
community/the county/the region/the state. with yourself: what is the other side to the
Before you ever think of calling a reporter, Ask yourself why anyone should care. issue? Is it that the new mall will bring in
you need to know your stuff. Only the largest needed jobs and revenue and so is more
newspapers have reporters with the time and Don’t overdramatize or sensationalize. Don’t important than the turtle habitat it will be
leisure to do a lot of background work. You claim that the herbicides and fertilizers from built on top of? Is it that developers have
should have a great deal of information––from a proposed golf course near a pristine spring the “right” to do whatever they like with
experts, neighborhood associations, activists, will poison the whole Floridan aquifer: pres- their property?
whatever is appropriate to the issue––to pres- ent information on how chemicals adversely
ent to a reporter before you ever go looking for affect ground water not just in your backyard How do you counter such points? Antici-
one. The reporter, however overworked, will but in other people’s, too. Use previously pate what your opponents will say. And be
(one hopes) do even more research, making for published newspaper and magazine articles, ready to give the reporter names of people
a stronger story. The better the documentation, reports from other advocacy groups, etc. prepared to be quoted (yourself included),
the more effective the story. Show how a troublesome project might experts with useful data, and evidence of
impact a wider segment of the population. what you say is going on.
And remember, reporters do not have the time Aesthetics and quality of life are powerful fac-
or the patience to entertain half-baked ideas. tors if presented effectively (and concisely).
Reprinted with permission of the artist.
33
department may be your best bet: pictures of larger papers outside your area, you need to be an affront to God and Nature, but it
blackened birds or ravaged trees may convey have read the paper enough to figure out to might not be so clear to the reporter. Many
the most powerful message. whom your call should be addressed. will be on your side (especially if you pro-
vide compelling information) but that does
If it’s something less obvious, more subtle (or The Internet is a useful research tool to help not relieve the reporter of the responsibility
something that hasn’t happened yet and you identify good targets for your message. If of putting the other side of the case as well.
want to try and prevent) radio or print might you have access to Lexis/Nexis (available in Do not take this personally!
work best. Research will aid you here in de- many university and some public libraries),
ciding whom to call, and figuring out where you can look up stories by byline, subject, or Deadlines
you could be wasting your time and where medium (magazine, newspaper, radio, televi- Reporters have deadlines. If they don’t make
you’ll get a positive response. sion). Or do a search on Google. If you type their deadlines, their stories will not appear
in “storm water run-off, Florida” or “army in print or on the air. Bear this in mind when
corps of engineers,” you’ll be amazed at the promising to provide them with information.
Work Effectively with range and volume, not just of news stories, Promptness and thoroughness are helpful.
the Media but of editorials and features you also get.
This may seem wildly obvious, but when
If you think you have a hot story, NEVER Think laterally. For example, larger papers you talk to reporters, remember that no
simply call a general newsroom and leave a may have reporters who cover environmental matter how friendly they seem, first and
message for “whoever”––unless, of course, issues. But reporters in other sections of the foremost they are reporters. They want to
you are standing there watching the chair- paper––Business, Features, the local news get information out of you, even information
man of OmniPave Developers Inc. beating section called “Neighborhood Times”—may you don’t want to give them.
a Florida panther to death with a nine-iron. also be useful to you, depending on the story.
That would get any reporter’s attention. If you want to provide deep background off
An Annotated List of Reporters the record, say it’s “off the record” before you
In general, however, what you think is a burn- Develop a list of reporters, including contact launch into your speech. NEVER assume a
ing issue––say, 15 matriarch oaks cut down to information, and the issues of special interest reporter “understands” what should be off
make way for a new shopping center––may to them. If you can get hold of a reporter’s the record. If you don’t say it’s off the record,
or may not seem that way to the hassled edi- direct-line number in the newsroom (this is it isn’t. And when you provide on-the-re-
tor on the city desk of your local paper. If you usually pretty easy), use it. If you can get a cord responses, be pithy, concise, and to the
don’t get through to the right person, your cell phone number out of a reporter, even point. Do not ramble. Do not rant.
burning issue will be snuffed out and disap- better. If the issue is a large and ongoing
pear among the detritus, inertia, and sensory one, working up a computer database of Exclusives
overload of the newsroom. Only use e-mail if journalists and relevant information might If you have a really big story (you’ve stum-
you absolutely have to: reporters get tons of be a good idea. bled across evidence that top legislators have
messages every day and may not notice your hatched a plan to fence off all beaches) and
brilliant tip among all the rubbish. It’s important to maintain a professional and you talk to a reporter at a newspaper, that
cordial relationship with reporters. While reporter may want you to make it an “exclu-
Appropriate Contacts they are supposed to be fair and “objective” sive,” that is, not talk to any other reporters
Identify what reporter you want to talk to at (unlike editorial writers who should be fair from any other news organs.
what media outlet and why. This will require but opinionated––see below), you should do
some research on your part, checking to your best to persuade them to your point of The advantage to this is that you will get a
see who covers issues like yours, and what view––subtly. lot of serious attention from that one paper
the editorial policy toward growth is (see (or TV station or radio outfit). The disadvan-
above). If it’s your local paper or television Do not assume they agree with you on ev- tage is that other media might be annoyed
or radio station, you probably already have erything. It may be perfectly clear to you and not return your phone calls on other
some idea. If you are going for one of the that putting up yet another strip mall would stories.
36 Working With the Media
If you are giving an exclusive, screen your discussing or might compromise some other In disseminating information, you may
calls. Don’t tell other reporters you are only media project you have planned. You may say occasionally come across a reporter who
talking to the AP, Florida Public Radio, the “No comment” or, even better, be cordial and seems unimpressed with your side of the
Palm Beach Post, or whoever it is. Just be say something like “I’d rather not comment issue (see researching who owns what
unavailable. Conversely, if you are trying to on that right now since we are concentrating medium above). Do not be defensive. Of-
get everybody to notice your issue, be very on groundwater issues here in Aqua County fer the reporter information that supports
available. Be free with e-mail addresses and and want people to be aware that New Town your position. You may not get a favorable
phone numbers, home and cell. will compromise the drinking water in a 100- story but the straighter you play it, the bet-
miles radius.” It’s a good idea to surround any ter off you may be on the next story.
There may be certain aspects of an issue that necessary “no comments” with a lot of infor-
you and your group are not comfortable mation on things you want to stress.
Reprinted with permission of the artist.
37
Use Press Releases of diminishing returns applies; if a reporter The press release should tell who is giving
and Press Conferences feels inundated by paper from you, he or she the information out, what it’s about, why
Effectively may not respond when you are announcing it’s important, and when and where if it’s an
something really significant. event. Make sure there’s a name and at least
Press Releases one contact number (two is better) plus an
Press releases, usually faxed or mailed to Keep the press release short and to the e-mail address on the press release. Whoev-
newsrooms, are not necessarily the best way point, no more than a page. If there are sup- er’s name is on the press release should be
to communicate with the media. Reporters porting materials, summarize them. Don’t prepared to return all calls promptly. Those
get tons of them and give most only a cursory send anyone 20 pages of stuff unless it’s a reporters’ deadlines are not flexible. If you
glance before filing them or throwing them out. major scandal likely to bring on high-level miss your chance to be quoted, that’s just
resignations or something equally seismic. tough.
To be effective, the press release should be as Reporters can always get your boxes of
attention-getting as possible. It’s OK to send a smoking-gun evidence later, if they’re that If a reporter says, “Yes, absolutely we’ll cover
press release for mundane occurrences such as interested. your event/issue,” it’s also a good idea to
regular meetings, but remember that the law do follow-up calls that at least sound help-
Reprinted with permission of The News Press.
38 Working With the Media
39
ful (Can we get you any more information, attention to the stated policy of the paper and op ed pieces, but Sunday sections called
numbers of people to call, etc.?) but which (usually found on the opinion page) as to everything from “Comment” to “Perspective”
everyone understands are a form of chivvy- length and format. to “Ideas and Issues” with even more space
ing the reporter along. for longer, thoughtful opinion pieces.
Do not indulge in ad hominem attacks or
slanderous statements. Be sure of your facts. One strategy might be to get a well-known
Press Conferences Some newspapers will call letter writers to: person outside of your advocacy group
Press conferences can be dramatic and effec- 1) see if they are real people really living (well-known as a good writer, especially)
tive, but rarely are if they are held in some where they say they are; 2) work with them who you know sympathizes with your point
beige room with someone reading a posi- on problematic content; and 3) verify asser- of view on a growth management issue to
tion paper in a monotone. For the purposes tions made in letters. This is not to imply propose a piece to the editorial page or
of addressing growth management issues, that all letters should be nothing but a recita- Sunday opinion section editor. They’d love
it might be more striking and memorable tion of data. to get a Peter Mathiessen piece on resort
to take reporters to a site––an endangered encroachment on the Everglades or Connie
wetland, a fragile habitat menaced by over- The letter should be crafted to fit the situ- May Fowler on overbuilt beaches.
building, etc.––and show them what you’re ation. If erroneous information has been
talking about. This makes things real in a presented by a developer, a government Failing that, identify the columnists at a
way somebody in a suit under florescent official, or a news organ, you can present particular paper who are most likely to
light never can be. information correcting the mistake. But agree with you on growth management
sometimes a well-written, passionate, more and pitch a column idea or at least an issue
However, if you’re stuck with a traditional thematic letter is called for. (with back-up information) to them. Carl
press conference setting, have some visual Hiaasen at the Miami Herald comes to mind.
aids––pictures of the endangered wetland, Often one letter to the editor will generate Be warned, however, that columnists hate
fragile habitat, or godawful concrete, high- a response from an opponent, which might having subjects foisted on them, so be both
rise hurricane magnet––maybe even a demand a response to the response, and so tactful and prepared to be turned down.
video. You can have charts and graphs full on. At some point, the newspaper will get
of impressive-looking numbers, but they tired of this and call a halt. It is often best If you want to write something yourself,
are not as attention getting. Find a way to to present your most powerful argument call the editorial page editor of the paper
illustrate your statistics in a jazzier fashion. in response to a response, and then let it you’re interested in to find out if he or she
Let reporters know they will have access to alone. Too much tit-for-tat compromises the would be interested in what you have to say
pictures you have. Again, showing is better strength of your message. (everything about concision, precision, cor-
than merely telling. rectness, and significance discussed in the
Opinion Pieces previous sections of this guide applies to an
Another more sustained way to present an opinion piece).
Work with the argument is in an opinion piece (see Ap-
Editorial Department pendix C). Many newspapers encourage Stick to the word-length you’ve been given.
submission of outside columns or op ed Be prepared to work with an editor––they
Letters to the Editor pieces on newsworthy subjects. This can be live to alter people’s prose. However, also be
Letters to the editor can be a cheap, pithy, a personal sketch illustrating an issue, a per- prepared to argue with an editor if you feel
powerful way to get a community dialogue suasive essay presenting useful information, he or she is substantially altering or water-
going or present information or respond to even a sardonic or angry sermon. ing down your point. You might even win.
misinformation. Any citizen, whether af-
filiated with an advocacy group or not, can Almost anything is permissible if it’s well- Editorials
write a letter to the editor of his or her local written and well-argued. A sense of humor Speaking to editorial boards of newspapers
paper, or any other. The paper, however, is recommended. Remember, too, that most is yet another way to provide editorial writ-
can decide whether to print it or not. So pay papers not only have a daily page of columns ers with material. This is difficult, since
Reprinted with permission of the artist.
40
41
editorial boards are always overstretched In advance of your interview, think up some
and tend to reserve most of their meeting “sound bites” that describe what you’re
time for election endorsement interviews supporting or opposing in as positive or
and office-holders. They do not want to negative light as possible. Use phrases like
meet with you just because you are fascinat- “This project is what smart growth is all
ing people and have many interesting things about.” “This is the most damaging change
to say about growth management. to our community’s plan that I’ve ever
seen.” “Say Yes to this amendment, say Yes
However, if you have a growth manage- to a strip mall on every block.” “If we pass
ment issue that is urgent and timely in a this amendment, we’ll be on our way to a
news sense, say, the county commission is cleaner lake and better fishing.”
voting on whether to rezone a section of
wild land to allow a housing development, Because television is such a visual medium,
then you may have better luck getting in think about your backdrop. If you have a
to present your side of the issue (this is choice, choose a setting that will illustrate
especially true at larger newspapers). If you your points and catch viewers’ attention
get in, you might bring some short, direct, during the broadcast. Interviews next to
vigorous materials supporting your case. Do water or historic buildings usually work
not overload editorial board members with well. Also, if possible, bring large visual
brochures, pictures, position papers and images that complement your presentation
statistics. They do not have time to read all that can be displayed beside or behind you.
that. They should be relatively simple with a lot
of color.
If the board is skeptical (sometimes they
can be downright hostile), make your case
calmly and politely, but don’t belabor it. Connect the Dots
Some newspapers in Florida have never
met a condo, golf course, high-rise hotel or People wanting to help publicize their is-
high-density development they didn’t like. sues must help reporters connect the dots.
See above for more tips on anticipating the It’s not just that this bunch of NIMBYs don’t
opposition to your position and countering want the Wal-mart breathing down their
it. Most importantly, do not take up more necks, but that the County Commission or
than 15 or 20 minutes of the board’s time. City Council or legislature or whatever does
not seem to care about stormwater run-off,
bad air, congested roads, polluted waters,
Work Effectively with wrecked wetlands--whatever it is. No mat-
Television ter what your story is, spin is everything.
Preserve or Replace
For years, Jacksonville residents had sought stronger tree preservation measures, but to no
avail. A 1988 ordinance to protect trees three feet in circumference or larger was rarely enforced.
Over the next decade, residential and commercial developers destroyed thousands of trees that
should have been protected.
To make matters worse, despite appeals by hundreds of residents for a stronger ordinance,
in 1999 the city council responded to pressure by builders and passed a new law that further
weakened the protections. Now only trees roughly six feet in circumference were protected, but
with no financial penalties for removing protected trees or provisions requiring replacements,
even this law was all but meaningless.
Reprinted with permission of The News-Press
Reprinted with permission of the artist.
43
ome outraged residents took matters into trees. Driving their message home, CFTP showcased that
In early October, CFTP faced a setback. The local build- vided strong leadership for the new nonprofit. CFTP had
ers association filed a legal challenge to the referendum, a clear, decisive message and repeated it consistently to
claiming in part that it imposed an “unconstitutional tax” anyone who would listen. CFTP developed a devoted
on new home buyers. The builders also noted that the grassroots constituency and at the same time actively
city had passed a new tree protection ordinance the pre- sought broad-based support for their cause from a range
vious year, and that residents should first give it a chance of civic groups and neighborhood associations. They
to work. made effective use of their web site and e-mails to keep
their supporters informed and engaged. By staging effec-
When the November election results were reported, sup- tive media events, they kept their issue in the public eye,
porters were thrilled to learn that the referendum had garnering extensive positive coverage from the local daily
passed by a whopping 76 percent. It carried in all 268 and weekly newspapers and television stations.
precincts, with almost 197,000 votes. No other issue
or candidate in Jacksonville had ever received so many Although Citizens for Tree Preservation, Inc., achieved its
votes. Later, the builders association’s legal challenge goal, it has continued its valuable advocacy role. They re-
proved unsuccessful. ceive calls from people across the country, seeking advice
on passing tree protection measures in their own com-
Several important factors led to CFTP’s overwhelming munities. The work of CFTP has enabled Jacksonville to
success. Members of the Petitioners’ Committee pro- move a step forward in protecting its distinctive character.
45
45
Appendices
46
Appendix A
Glossary
Department of Community Future Land Use Map (FLUM) to show where, when and how the local government in the local
Affairs (DCA) Map showing categories of land development will occur in its newspaper identifying intent to
The state land planning agency, included in a local comprehensive community and how it will finance amend local comprehensive plans
as established by the Growth plan, often serves as a basis for specified infrastructure needs. (see Section 163.3187(2), Florida
Management Act. plan amendments (see Section Statutes) or land development
163.3177(6)(a), Florida Statutes). Local Comprehensive regulations, or issue or deny some
Development of Regional Planning and Land Devel- types of development orders.
Impact (DRI) Growth Management Act opment Regulations Act
Large-scale developments The popular name for the 1985 The official name for Florida’s Quasi-Judicial Process
which, because of their char- Local Comprehensive Plan- 1985 Growth Management Act, A process that is similar to, but not
acter, magnitude or location, ning and Land Development this establishes Florida’s pro- the same as, a judicial proceeding.
would have a substantial effect Regulations Act which estab- cess for adopting and amending In the growth management context
upon the health, safety, or wel- lishes Florida’s process for local comprehensive plans and it refers to the process that a local
fare of citizens of more than one adopting and amending local land development regulations. government conducts when consid-
county (see Section 380.06, Flor- comprehensive plans and land ering development orders.
ida Statutes). development regulations (see Local Planning Agency (LPA)
Chapter 163, Part II, Florida The agency designated to pre- Standing
Development Order (DO) Statutes). pare the comprehensive plan or The legal concept that determines
A formal order of a local gov- plan amendments. who has the right to request or
ernment that allows or denies a Impact Fee participate in a court proceeding
particular development to occur. An optional fee that a local NIMBY or administrative hearing.
government may levy to require A development that is op-
Element a developer to pay some or all posed simply because it is State Comprehensive Plan
Sections of a local compre- of the costs of providing public located near those opposing The state plan adopted by the
hensive plan that deal with services and facilities (such as it, regardless of its value to the Florida Legislature (see Chapter
capital improvements, future land roads, schools, and parks) to community. The initials mean 187, Florida Statutes).
use, transportation, sanitary sew- maintain the adopted level-of- “Not In My Back Yard.”
er, solid waste, drainage, potable service standards. Urban Service Area (USA)
water and natural groundwater Permitting The boundaries establishing where
aquifer recharge, natural re- Infrastructure A state or local process autho- public infrastructure that supports
source conservation, recreation The roads, sewers, parks, rizing development in response urbanized development is to be
and open space, housing, schools, stormwater facilities and to an application for a permit. provided over a specified number
coastal management, and inter- other structures that are needed of years.
governmental coordination, and to support community growth. Plan Amendment
other topics at the discretion of An amendment to the local com- Variance
the local government (see Sec- Land Development prehensive plan. A development order loosening
tion 163.3177, Florida Statutes). Regulations (LDR) development standards if a parcel
City or county ordinances which Planned Unit Development of land has physical characteristics
Evaluation and Appraisal are adopted to implement the lo- (PUD) that make it difficult or impossible
Report (EAR) cal comprehensive plan or later A staged plan for a parcel of to develop.
Report on local comprehensive amendments. land that is eligible for flexibility
plan provisions needing from zoning and subdivision Zoning Ordinance
updating and amending, prepared Local Comprehensive Plan regulations. A land development regulation
every seven years (see Section The document that the Growth that identifies the allowable use for
163.3191, Florida Statutes). Management Act requires of Public Notice each piece of property within
every local government in Florida Mandatory notices published by a community.
47
Appendix B
Key Contact Information
1000 Friends of Florida Environmental Land Use Law Florida Legislature Smart Growth
www.1000friendsofflorida.org Center www.leg.state.fl.us Contacts
This site contains information www.elulc.org/site/main.html This site will give the Calendars
about growth management in The ELULC is a non-profit law and Journals of both houses, all American Farmland Trust
Florida, legal advocacy, afford- firm dedicated to representing pending bills, lobbyists lists and www.farmland.org
able housing, smart growth, the public interest in environ- information about legislators.
links to other smart growth mental and land use matters in American Planning
organizations, and other useful South Florida. This site includes Internal Revenue Service Association
information. useful links to other web sites, www.irs.gov www.planning.org
legal analyses, and other tools You can use this site to get fed-
Cities to help you become a better eral tax-exempt information and Congress for the New
See “Florida League of Cities” activist for the environment. forms for 501(c)(3) designation Urbanism
for your corporation. www.cnu.org
Community and Environmental Florida Association of
Defense Services Counties Newspapers The Conservation Fund
www.ceds.org www.fl-counties.com To find your local newspaper, go www.conservationfund.org
This site includes How to Win Use this site to find the web to any search engine (Google,
Land Development Issues and site of your county. Go to “visit etc.) and type in “Florida news- Growth Management
other useful information. county web sites” and choose papers.” This will give you a Leadership Alliance
your county. complete list of Florida papers www.gmla.org
Corporate Forms that are on line and allow you to
www.ralfbrookesattorney.com. Florida Department of go to the one you want. You may National Neighborhood
This site includes nonprofit cor- Community Affairs find information on more local Coalition
poration forms, public records www.dca.state.fl.us publications through your local www.neighborhoodcoalition.org
requests and other forms of This site contains all of the rules government sites.
interest to the public interest of the department implementing National Trust for Historic
practitioner. the Growth Management Act, Public Record Request Forms Preservation
numerous articles of interest on www.ralfbrookesattorney.com www.nationaltrust.org
Corporate Information for growth management as well as This site includes nonprofit cor-
Neighborhood Associations pending amendments, charts, poration forms, public records Sierra Club
www.econa.org/services graphs and upcoming events. requests and other forms of www.sierraclub.org
interest to the public interest
Corporate Registration Florida Government practitioner. Smart Growth America
www.sunbiz.com www.myflorida.com www.smartgrowthamerica.com
This site of the Florida Depart- This site will tell you what the State Agencies
ment of State provides for online Governor is doing and link you www.myflorida.com Smart Growth Network
filing to incorporate. to all state agencies, the Legis- This site will link you to all the www.smartgrowth.org
lature and the courts. state agencies and courts.
Counties Sprawl Watch Clearinghouse
See “Florida Association of Florida League of Cities www.sprawlwatch.org
Counties” www.flcities.com
Use this site to find the web site Surface Transportation Policy
of your city. Go to “Links” then Project
to “City Links” to locate the web www.transact.org
site of your city.
47
Appendix B
Key Contact Information
1000 Friends of Florida Environmental Land Use Law Florida Legislature Smart Growth
www.1000friendsofflorida.org Center www.leg.state.fl.us Contacts
This site contains information www.elulc.org/site/main.html This site will give the Calendars
about growth management in The ELULC is a non-profit law and Journals of both houses, all American Farmland Trust
Florida, legal advocacy, afford- firm dedicated to representing pending bills, lobbyists lists and www.farmland.org
able housing, smart growth, the public interest in environ- information about legislators.
links to other smart growth mental and land use matters in American Planning
organizations, and other useful South Florida. This site includes Internal Revenue Service Association
information. useful links to other web sites, www.irs.gov www.planning.org
legal analyses, and other tools You can use this site to get fed-
Cities to help you become a better eral tax-exempt information and Congress for the New
See “Florida League of Cities” activist for the environment. forms for 501(c)(3) designation Urbanism
for your corporation. www.cnu.org
Community and Environmental Florida Association of
Defense Services Counties Newspapers The Conservation Fund
www.ceds.org www.fl-counties.com To find your local newspaper, go www.conservationfund.org
This site includes How to Win Use this site to find the web to any search engine (Google,
Land Development Issues and site of your county. Go to “visit etc.) and type in “Florida news- Growth Management
other useful information. county web sites” and choose papers.” This will give you a Leadership Alliance
your county. complete list of Florida papers www.gmla.org
Corporate Forms that are on line and allow you to
www.ralfbrookesattorney.com. Florida Department of go to the one you want. You may National Neighborhood
This site includes nonprofit cor- Community Affairs find information on more local Coalition
poration forms, public records www.dca.state.fl.us publications through your local www.neighborhoodcoalition.org
requests and other forms of This site contains all of the rules government sites.
interest to the public interest of the department implementing National Trust for Historic
practitioner. the Growth Management Act, Public Record Request Forms Preservation
numerous articles of interest on www.ralfbrookesattorney.com www.nationaltrust.org
Corporate Information for growth management as well as This site includes nonprofit cor-
Neighborhood Associations pending amendments, charts, poration forms, public records Sierra Club
www.econa.org/services graphs and upcoming events. requests and other forms of www.sierraclub.org
interest to the public interest
Corporate Registration Florida Government practitioner. Smart Growth America
www.sunbiz.com www.myflorida.com www.smartgrowthamerica.com
This site of the Florida Depart- This site will tell you what the State Agencies
ment of State provides for online Governor is doing and link you www.myflorida.com Smart Growth Network
filing to incorporate. to all state agencies, the Legis- This site will link you to all the www.smartgrowth.org
lature and the courts. state agencies and courts.
Counties Sprawl Watch Clearinghouse
See “Florida Association of Florida League of Cities www.sprawlwatch.org
Counties” www.flcities.com
Use this site to find the web site Surface Transportation Policy
of your city. Go to “Links” then Project
to “City Links” to locate the web www.transact.org
site of your city.
48
Appendix C
L
provided information to reporters covering the issue,
to bring to Palm Beach County a campus of took out a newspaper ad and conducted a citizens forum
the prestigious Scripps Research Institute of to focus greater attention on the many problems associ-
LaJolla, California. Unfortunately, the cho- ated with Mecca Farms. 1000 Friends also contacted
sen site was Mecca Farms, a remote 2000-acre property Gov. Bush, incoming Senate President Tom Lee, and the
in the headwaters of the Wild and Scenic Loxahatchee board of Scripps offering to assist in any way possible
River. Mecca Farms was in Palm Beach County’s Rural with the selection of a more appropriate site in Palm
Tier, an area designated for very limited development, Beach County.
and was surrounded on three sides by environmentally
sensitive lands. Despite these efforts and the availability of at least two
appropriate alternative sites, the Palm Beach County
1000 Friends of Florida was concerned from the start. Commission voted to amend the local comprehensive
The Scripps proposal would bring development on the plan and land development regulations, and issued the
scale of downtown West Palm Beach to lands on the development orders necessary to start construction on
fringes of the Everglades. This development would vio- Mecca Farms. With no other recourse left, 1000 Friends
late Palm Beach County’s award-winning comprehensive partnered with other concerned nonprofits and indi-
plan, flaunt state growth management regulations, and viduals to file three lawsuits in opposition to the Mecca
promote sprawl in this remote area. Additionally, close Farms site.
to one billion taxpayer dollars would be required to
bring the project to fruition. As this handbook goes to press, the final location for the
Scripps Research Institute remains unresolved. How-
1000 Friends undertook every measure possible to ever, we thought the following newspaper ad, letter to
inform the county and the public of the many legal, the editor, op ed piece, and press release might provide
planning, environmental, traffic and other flaws with the some useful guidance for local efforts to halt inappropri-
site. 1000 Friends sent the county detailed legal memos, ate development.
testified at county hearings, wrote letters to the editor,
49
Letter to the Editor— This letter to the editor ran in the Palm Beach Post in December 2004, in response to negative
comments regarding 1000 Friends and others filing a lawsuit over the proposed Mecca Farms site for the Scripps Research Institute.
LETTER
TO THE
EDITOR
W
G o v. J e
b Bush
e at 100
o f F lo r
shocked
0 Friend
id a w e
c a ll t h o
to hear
r e
s
sits at th
Scenic
headwate
e Natio
Loxaha
t
nal Wil
chee R
d and
us who se of rs. Even iver
oppose if y
Scripps p u t t in g t h c are about th o u don’t
Research e e environ
to the E Institute should c ment, yo
verglade n ext a re about th u
ists.” So s “legal bill that e enorm
me of th te rror- this spra o us
e state’s taxpayer wl will le
promine m ost s. ave for
nt citize
on the 1 n s h ave T h e d ec
000 Frie served ision to
board, in n d s o f Florida w a s a last res go to co
cluding ort. We a urt
Assistan g o v e rn o rs , a S c ripps. W re not an
t Secreta n e tried to ti-
Departm ry to th project steer th
ent of th e U.S. to more is
e Interio includin suitable
retaries r, sec- g the Br sites,
of the F iger Trac
ments o lorida D F lo r id a t, near
f Comm epart- A t la n t ic
u n it y Affair A b a coa cam U n iv e r s it y ’s
an d E n v p u s, an d
ironmen s
state sen tal Prote in Jupite Parcel 1
ators, bu c tion, r. 9,
universit siness le W e
y presid aders, choose
ents, en fight. W to stan
mentalis v ir o e d and
ts, archit n - urge the
e rs , a n d e c ts , develop jo in us. Let c it iz e ns to
com m u n - history
ity leade ou r cou show th
We are rs . rage wil at
upholdin future ge l h ave b
law in th g Florid neration e n e fite d
e face o a s in Palm
political f a h ead County Beach
ru s h . R e -long and in a
m em ber ll of Florid
ida pass : Flor- a.
ed the G
m en t A c ro w th M an age C h a rles Patt
t 20 yea - ison, AIC
sure tha rs ago to Executiv P
t infrastr m ak e e Directo
u cture ke 1 000 Frie r
pace w eps n d s of F
it h d e v lorida
that the e lo p m e
state do n t a n d
its natur esn’t bu
al resou lldoze
rces for
Palm Be profit.
ach Cou
lowing nty is a
Scripps l-
ated dev and its
elopmen associ-
eventua ts—whic
lly total h will
shoppin the area
g malls o f 13
an area sprawlin
the size g o ver
West Pa of down
lm Beac town
of the E h—at th
verglade e ed ge
that taxp s, a reso
ayers are urce
billion to paying $
restore. 8 .4-
The pro
ject
50
Op Ed—The controversy over Scripps was covered by major papers across the state. 1000 Friends prepared and distributed
this Op Ed to explain its reasons for opposing the Mecca Farms site. It ran in the Miami Herald, Tampa Tribune, Orlando Senti-
nel, Stuart News, Vero Beach Press-Journal, Jupiter Courier and Fort Pierce News Tribune in early December 2004.
My View
I
magine a city the size of of life. It requires some hard spoilers. Some of the most our courage amid this head-
downtown West Palm choices. prominent men and women long political rush will have
Beach perched on the That’s why 1000 Friends of in Florida have served on benefited future generations in
edge of the Everglades, a Florida, the Florida Wildlife the board of 1000 Friends of Palm Beach County and in all
natural jewel that taxpayers Federation, the Loxahatchee Florida, including governors, of Florida.
are spending $8.4-billion to River Coalition, Audubon an Assistant Secretary to the
restore. Imagine new develop- Society of the Everglades, the U.S. Department of the Inte- Charles Pattison is Executive
ments sprawling out to the size Palm Beach County Environ- rior, a secretary of the Florida Director of 1000 Friends of
of 13 shopping malls there, in a Department of Community Af- Florida, a bipartisan, nonprofit
part of Palm Beach County that fairs and founder for Florida’s growth management watch-
residents and planners wisely growth management process, a dog group. For more infor-
designated as rural lands years secretary of the Florida Depart- mation on 1000 Friends, visit
ago. Thirteen shopping malls at ment of Environmental Protec- www.1000friendsofflorida.org.
the headwaters of the Wild and tion, state senators, business
Scenic Loxahatchee River, one leaders, university presidents
of the last free-flowing subtropi- and other renowned academics,
cal rivers in the nation. environmentalists, architects,
Charles Pattison,
This is the reality of the developers, and community
AICP
Scripps Biomedical Institute leaders.
Executive Director
on Mecca Farms. The decision to go to court
1000 Friends of Florida
Florida wants Scripps, and was a last resort. We tried
the jobs and prestige that it will to steer this project to more
bring. Palm Beach County wants mental Coalition and several suitable sites—and there are
Scripps. Even the conservation individuals have gone to court more suitable sites, includ-
organizations want Scripps. But to challenge this ill-sited proj- ing the Briger tract, near the
the simple fact remains that it is ect. That’s why the 35 groups in Florida Atlantic University
being planned for the wrong lo- the Everglades Coalition passed Abacoa campus and Parcel 19,
cation. This part of Palm Beach a resolution opposing putting inside the town of Jupiter. But
County was never intended for Scripps on the Mecca site. the Scripps political juggernaut
intense growth. It has no infra- It isn’t easy going against has had its way. Now, the public
structure. This site contradicts the tide. Incredibly, Gov. Jeb can expect extensive litigation,
every sound planning, land use Bush has called us “legal ter- and—if we don’t win—a spoiled
and environmental principle rorists.” The truth is that we are Everglades, clogged roads, and
that Florida’s Growth Manage- upholding current law—anti- the expensive sprawl that Flo-
ment Act is based upon. sprawl law that came from ridians decided was bad public
Remember, the Growth intense deliberation from the policy two decades ago.
Management Act is supposed Capitol in Tallahassee to every We choose to stand and
to ensure orderly growth that local government in the state. fight. We urge the citizens to
protects everyone’s quality We are not some wild-eyed join us. Let history show that
51
Newspaper Ad and E-mail Alert—1000 Friends of Florida ran an ad in the Palm Beach Post on October 3, 2004 to
encourage citizens to call county commissioners to deny the Mecca Farms site, and choose instead a more appropriate site closer to
existing development and infrastructure. 1000 Friends also sent this out as an e-mail alert to its Palm Beach County members.
Ask the Palm Beach County Commission to: How Can I Express My Opposition?
1. Deny the Mecca Farms site.
2. Choose a site closer to existing development and infrastructure. Attend the Palm Beach County Commission Meeting and Speak!
Press Release—On December 10, 2004, 1000 Friends held a press conference and distributed this press release to
announce it was filing another law suit over the proposed Mecca Farms site for the Scripps Research Institute.
TALLAHASSEE—1000 Friends of Florida, the Florida • The county has improperly located electricity infrastruc-
Wildlife Federation, Audubon Society of the Everglades, ture for Scripps on land within a wildlife management area,
Loxahatchee River Coalition, and Maria Wise-Miller filed setting a dangerous precedent for swapping conservation
suit at the Florida Department of Community Affairs today lands for development.
to block the proposed siting of Scripps Research at a far- • The Mecca Farms location for the Scripps project is
flung location at the edge of the Everglades in Palm Beach inconsistent with the Urban Sprawl Rule, Florida Admin-
County. The Environmental and Land Use Law Center is istrative Code, Rule 9J-5.006(5)(g)8.
serving as counsel. • The Mecca Farms site is also inconsistent with Rule 9J-
5.006(5)(g)2, which prohibits a land-use change that “Pro-
The groups are taking this difficult step because Palm motes, allows or designates significant amounts of urban
Beach County has committed numerous violations of development to occur in rural areas at substantial distances
Florida’s Growth Management Act, the state’s anti-sprawl from existing urban areas while leaping over undeveloped
law, in approving land-use changes that will allow Scripps lands which are available and suitable for development.”
to build on Mecca Farms, on the edge of Florida’s Ever-
glades and at the headwaters of the Wild and Scenic Florida Gov. Jeb Bush recently called us “legal terrorists”
Loxahatchee River. for going to court over Scripps. Our decision to go to court
was a last resort. We tried for over a year to steer this
The Scripps facility, along with nearby proposed develop- project to more suitable sites with no success.
ments, will be the size of 13 shopping malls over an area
the size of downtown West Palm Beach. The Palm Beach 1000 Friends of Florida believes that the Scripps Biomedi-
County comprehensive plan has won national awards, but cal Institute, located properly, will bring great benefits to
now its principles are being tossed out in favor of expen- the citizens of Florida and Palm Beach County. And Palm
sive sprawl next to a natural resource that taxpayers are Beach County has identified at least three sites on which
paying $8.4-billion to restore. we would support a well-designed Scripps project (the
Briger tract near the Florida Atlantic University Abacoa
“This sprawl will cost Palm Beach County taxpayers mil- campus, Parcel 19, inside the town of Jupiter, and the
lions,” said Charles Pattison, Executive Director of 1000 Florida Biotech Park formerly known as the Palm Beach
Friends of Florida. “We think future generations will look Park of Commerce which has already been approved for
back at this crossroads and thank us for stopping the industrial development).
County from doing the wrong thing.”
Even as we file this suit, we remain willing to work with
Specifically, the complaint cites: the Governor, Scripps’ Board of Directors, and the Palm
Beach County Commission on an agreement that would
• The county concluded that no alternative sites existed, bring the Scripps Institute to one of these sites, or an
when there are alternative sites available, including the alternative acceptable Palm Beach County site, with our
Briger tract, near the Florida Atlantic University Abacoa support. We hope that the Palm Beach County Commis-
campus, and Parcel 19, inside the town of Jupiter. sion will take the lead and appoint a community leader,
• The county has violated the requirements for traffic such as Frank Brogan, to work with us, Scripps and the
concurrency—which is supposed to make sure there is County to develop a win-win solution to bring Scripps to
enough road capacity for new development. The county an alternate site in Palm Beach County without destroying
is also setting a precedent for other private developers our natural resources and our quality of life.
to exploit.
CREDITS
Authors
Casey Gluckman, Esq.
David Gluckman, Esq.
Vivian Young, AICP
Designer
Celander Creative
1000 Friends of Florida thanks the following editorial cartoonists who graciously
permitted the use of their artwork in this publication: