By ROBERT M. WEINTRAUB

Special To The Tampa Tribune

November 29, 2009

In 1985 Gov. Bob Graham's administration placed an important legal framework in place in Florida to control rampant, undisciplined growth that threatened wetlands, induced traffic congestion and promoted random sprawl. Until that landmark legislation, developers virtually built where they pleased, and taxpayers had to follow with schools, roads, sewers and the rest of the infrastructure that necessarily followed development.

The 1985 act created the Department of Community Affairs, strengthened the state's Department of Transportation and set in place the concept of concurrency law where the developer was obliged to take on much of the road, school, sewer, parks and other infrastructure that was made necessary by the development. And since population growth was assumed to be a historical constant in the state, the legislation was seen as modern, while relieving the tax burden on citizens.

Fast forward to 2009 and the latest legislation on this subject to come out of Tallahassee: Senate Bill 360.

Faced with a declining population for the first time in memory, our political leaders sought to preserve the large building industry by providing a variety of incentives that would increase residential and commercial construction. While organizations like the Florida League of Cities and 1000 Friends of Florida objected vigorously, Gov. Charlie Crist signed the bill in June. So what's the problem specifically?

First of all, the provisions of the 1985 act have been loosened and, in some cases, the discipline eliminated. The Department of Community Affairs, a target of development-oriented legislators in recent years, is relieved of much of its responsibilities of overseeing growth decisions at the municipal level. Concurrency rules for traffic, recreation, etc., are now "local option" when the designated area has a certain density.

Along with DCA, the Department of Transportation also has been relieved of key areas of oversight. Taxpayers will again have this responsibility for the first time since 1985. The problem is so serious that 17 Florida counties and municipalities have combined to sue the state over the legality of this legislation.

It makes one wonder about the basis for such legislation, when already approved across the state for future construction, according to Charles Pattison of 1000 Friends of Florida, are 480 million square feet of commercial space, more than 400,000 acres of land and 630,000 new dwellings. On top of that we already have some 10 to 12 months of unsold residences when the normal is a two-month inventory.

It makes one conclude that our leaders have gotten their basic economics confused. Rather than work to reduce the inventory, our leaders seem to believe we solve the problem by building more.

The problem we have looks like undue influence at the decision-making level from the developers of subdivisions and strip malls. The public certainly is not calling for more construction and development.

The same development community is organizing against a popular movement called Florida Hometown Democracy that gains momentum every time the public suspects developers and politicians are in the same place. Hometown Democracy, called Amendment 4, will be on the general election ballot in November 2010.

If Amendment 4 passes, government-approved comprehensive plan changes that would allow subdivisions and strip malls will be in the hands of voters. SB 360 is probably the best poster child Florida could have on behalf of the Hometown Democracy amendment.