Item 6AAGENDA ITEM # 6A
FEBRUARY 22, 2010
RESOLUTION 10-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA OPPOSING
AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD
FORCE VOTERS TO DECIDE ALL CHANGES TO THE ADOPTED
COMPREHENSIVE PLAN THROUGH LOCAL REFERENDUM.
RECITALS
WHEREAS, proposed Amendment No. 4 to the Constitution of the State of Florida,
proposed by Florida Hometown Democracy, Inc., (hereinafter "Amendment 4") has been certified
to appear on the November 02, 2010 general election ballot; and
WHEREAS, Amendment 4 would require that before a local government may amend its
duly adopted Comprehensive Plan, any and all amendments shall be subject to a vote of the
electorate of the local government by referendum, following consideration by the local planning
agency and by the governing body in accordance with the requirements of Chapter 163, Florida
Statutes, and the requirements of local laws and ordinances, and
WHEREAS, Amendment 4 is in conflict with the stated legislative intent of Chapter 163,
Part II, Florida Statutes, known as the Local Government Comprehensive Planning and Land
Development Regulation Act, to strengthen the existing role, processes, and powers of local
governments in the establishment and implementation of comprehensive planning programs to
guide and control future development, and
WHEREAS, the Florida Legislature intends that local planning be a continuous and
ongoing process; and this proposed amendment constitutes a fundamental abandonment of
government's responsibility to represent all of its citizens as so intended; and
WHEREAS, Amendment 4 is in conflict with Sections 163.3187 and 3191, Florida
Statutes, which establish procedures for amending Comprehensive Plans, and for public
participation in the amendment process and directs local governments to adopt needed
amendments to ensure that the Plan provides appropriate policy guidance for growth and
development; and
WHEREAS, Amendment 4 will be counterproductive to quality community planning
initiatives and will have unintended consequences that will worsen the situation it is intended to
cure; and
WHEREAS, local elected officials engage in a long and thorough deliberative process
when considering Comprehensive Plan amendments, while the complexity of such issues cannot
be appropriately considered in a referendum process; and
WHEREAS, while the City of Atlantic Beach supports and encourages active citizen
participation in the comprehensive planning process, there is a high probability that community
planning by referendum will create conflicts with constitutionally based protections such as due
process and private property rights, and will serve to politicize land use and planning decisions,
and
AGENDA ITEM # 6A
FEBRUARY 22, 2010
WHEREAS, this amendment will impede progress on the adoption and implementation
of smarter growth policies aimed at improving citizen input, enhancing public participation, and
engaging every community, and
WHEREAS, this amendment will further disenfranchise millions of Florida's already
fatigued electorate and has the potential to create excessive and unpredictable financial burdens to
local governments related to the costs required to conduct and supervise additional elections.
WHEREAS, at a critical time in this State's future, this amendment has strong potential
to exacerbate poor economic conditions within the state, and imperil recovery from the recession.
NOW, THEREFORE, BE IT RESOLVED that the City of Atlantic Beach opposes the
Hometown Democracy Constitutional Amendment No. 4, while supporting legislative
changes in Florida's growth management processes to the extent needed to improve citizen
involvement.
PASSED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, IN REGULAR SESSION THIS 22nd DAY OF FEBRUARY, 2010.
LOUIS "MIKE" BORNO, JR.
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
DONNA L. BARTLE, CMC
City Clerk