Handing Florida Hometown Democracy a potentially potent political weapon, the state House refused to re-enact the Department of Community Affairs.
The agency that reviews growth plans in Florida was up for sunset review this session, and its prospects looked good after the Senate voted 38-0 to renew the DCA.
But in the waning hours, the House decided not to hear the bill.
"Our lack of re-enactment means that the agency remains in limbo until next session.We don't lose any positions or responsibilities, but it makes us extremely vulnerable and the circumstances look less favorable for re-enactment next session," said James Miller, spokesman for the DCA.
Hampered by ongoing budget cuts and staff reductions from previous years, the DCA has struggled to fulfill its mandate to oversee local comprehensive-plan changes and larger developments of regional impact.
According to DCA reports, local commissions from 2007 to 2009 voted to change comprehensive plans to allow 520,000 more houses, 1.2 million more people and 1.3 billion more square feet of commercial and office space.
Though real-estate activity has slowed to a crawl, developers continue to submit proposals in advance of Amendment 4 on the November ballot.
The Hometown Democracy amendment, which would require local voter referendums on all approved comprehensive-plan changes, is opposed by the state Chamber of Commerce, the Associated Industries of Florida, the Florida Association of Realtors, the Florida Retail Federation and a veritable who's who of industry trade groups.
"We find it odd that we weren't re-enacted, considering Hometown Democracy is on the ballot in November which could potentially have a huge impact on the growth management process, making comp plan amendments more difficult to get approved," Miller said.
"Not re-enacting DCA has given more fuel to the Hometown Democracy fire."
Lesley Blackner, president of FHD, said she was not surprised by the House inaction.
"The (legislative) leadership is completely in bed with the real-estate industry. Every session has weakened the growth-management act," the Palm Beach attorney said.
Even if the DCA were fully staffed, Blackner expressed doubts about the state's commitment to managing growth.
"At its best, DCA is just an advisory agency. All they can do is say no, and if they want to enforce their 'no,' they have to go to court -- and they rarely do that. In fact, they rarely say no.
"Basically, DCA is a paper tiger, and the Legislature doesn't even want that," Blackner said.
Nevertheless, a consortium of environmental groups took up the DCA's cause, urging lawmakers to renew the agency, which was spawned by popular calls for stricter growth controls in the late 1980s.
During the closing days of the 2010 session, Sunshine State News quoted sources as saying that incoming House Speaker Dean Cannon, R-Winter Park, was the chief reason DCAs reauthorization remained in limbo. They alleged that Cannon intended to gut the department.
Cannon denied that was the case.
I havent been involved at all on agency sunset issues this session, he said.
In any event, the DCA's Miller, said Wednesday, "We feel that by not re-enacting DCA, it sends a strong message that growth management is not looked upon favorably by the Legislature and that we should expect changes to be coming next year."
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Reach Kenric Ward at kward@sunshinestatenews.com or at (772) 801-5341.
