The controversial changes to Martin County's comprehensive plan are not law and cannot become law until the four stakeholder lawsuits challenging them are settled. Got that? Aren't law and cannot become law ...
That may sound like an obvious thing in Tallahassee. But in Martin County, 400 miles from where state statutes are second nature, most residents haven't the faintest idea. No one is telling Martin taxpayers the amendments their County Commission made to "strengthen" the comprehensive plan can't be enforced until the lawsuits are settled.
Which, unless county lawyers turn uncharacteristically compliant, is going to take a very long, expensive time.
Remember, the state claims that these comp plan changes alter Florida law dealing withthe definition of development, wetlands regulation, agricultural classification, the state's exclusive authority to regulate the consumptive use of water, and far more.
How do I know Martin citizens are so clueless about where the amendments stand now? Because a Martin County property owner looking to build on his lot phoned me Friday to ask if he had to go by the "new rules" the comp plan changes impose.
It was my first realization that the County Commission was doing its best to keep a lid on the veracity of the four lawsuits and mounting stack of letters supporting the plaintiffs, even hiding what's really going on from the taxpayers, the people who pay their salaries.
He told me county staff advised him to follow the new rules. Now, I'm thinking that was a suggestion made to keep him "on the safe side," in the unlikely event all four lawsuits are thrown out and suddenly the amendments apply to his project. I don't blame staff for that, it's a sound idea. But then he said no one told him the amendments weren't immediately viable; and "the local newspaper even said the state isn't going to fight the amendments in court."
Actually, in a Sept. 26 Scripps Treasure Coast Newspapers story headlined, "Department of Economic Opportunity won't challenge Martin County's comp plan amendments," a paragraph deep in the story paraphrased Nicki van Vonno, the county's growth management director, saying the amendments could be on hold for a year or more. So, the truth was there. Sort of.
Meanwhile, the matter's gotten worse for Martin County.
Besides the four lawsuits, and the letters to the Department of Economic Opportunity from the commissioner of Agriculture and Consumer Services and the South Florida Water Management District, along comes an Oct. 22 letter from the Pacific Legal Foundation. The PLF is trouble. These are the private property rights folks. They take deadly aim and they seldom miss. The letter, addressed to Martin County Commission Chairwoman Sarah Heard, fires a warning shot, citing potential "legal challenges under Chapters 120 and 163, Fla. Stat. [which could] instigate litigation under the Bert J. Harris Jr., Private Property Rights Protection Act, section 70.001, Fla. Stat."
Writes Attorney Alan E. Desoro, managing attorney for PLF's Atlantic Center, "PLF respectfully urges the Commission to keep those challenges, and the certain high costs that are attendant to such challenges, in mind ..."
Surely, this letter should have been made public during the weekly televised County Commission meeting. To my knowledge, it hasn't been disclosed. Seems to me citizens have a right to know when their pockets are about to be picked -- especially if there might be a way to stop it.
(Read the entire Pacific Legal Foundation letter in the attachment below.)
Here's what I think happened from the beginning:
I believe Gov. Rick Scott inadvertently emboldened this no-growth majority on the Martin County Commission when he scrapped the Department of Community Affairs (DCA). It was the DCA that had its finger on the pulse of comprehensive plans in Florida. I believe Martin commissioners were advised by the environmental litigators who cling to them like packing popcorn that the DEO is basically an employment agency and has no interest in getting involved in comp plan law.
They thought they could go crazy with comp plan amendments, do whatever they wanted, and were home free.
Well, one thing is true. JessePanuccio, executive director of the DEO, said the department would not challenge the amendments because of limited resources. But, if you read his letter, you saw he called the issues raised significant.
Significant does mean something. It gives fodder to the four plaintiffs when they go to court. It probably says Panuccio would testify. And Panuccio's letter, along with the others, will make it difficult for the county to win any of the major points in its amendments.
Martin County does have a good lawyer on this one, Tallahassee attorney Linda Shelley. But I still predict that in the end, this county will do what it always does when the no-growth contingent is in charge and litigating: It will win a couple of minor concessions in a settlement and throw a handful of happy hokum at the people of Martin County ... "By fighting to keep their county special, taxpayers saved umpteen thousands of dollars and preserved the Martin County quality of life." I can just hear them.
Meanwhile, they'll be lighter in the wallet and what will their money have bought?
Reach Nancy Smith at nsmith@sunshinestatenews.com or at 228-282-2423.
