Fear, Goblins and the 'Bert Harris Act'

        Since its publication date in 1812, nannies and babysitters have read tales of frightful creatures of the night, taken from the fertile imagination of "Grimm's Fairy Tales," to calm unruly children through the use of fear.
        In a similar manner, land developers know they can make some local politicians tremble like frightened children simply by citing a State of Florida legal hobgoblin - the "Bert Harris Act".
        "Bert Harris" is the memorial name for the "Private Property Protection Act".  The act was passed by the Florida Legislature, and enacted into law in May 1995.
        The law reads; "When a specific action of a government entity has inordinately burdened an existing use of real property, or a vested right to a specific use of real estate, the property owner of the real property is entitled to relief, which may include loss to fair market value caused by government..."
        At its best, Bert Harris protects Florida property owners from unfair eminent domain actions, and makes local governments think twice before implementing regulations that unfairly burden private property.
        At its worst, Bert Harris is manipulated by development LLC's, real estate flippers and their lobbyist minions, and used to intimidate local government officials into amending existing zoning rules or land uses for the benefit of the builders.
        At too many public hearings in recent years, it is fear of lawsuits under Bert Harris, rather than wise land use policy or the public interest, that is the deciding factor when new development projects appear before local planning boards.
        Local government budgets are tight, defending against a suit in court is expensive, and the outcomes and penalties uncertain. Planning and legal staff advise accommodation, not litigation, and developers win easy victories without going to court.
        However, while the Bert Harris Act has been upheld by the Florida Supreme Court, it has not opened a floodgate of new court cases. The act is intended to eliminate property use "gamesmanship" by both local governments and developers. Property owners who use the act to "game" local governments into favorable land use actions, do so at their own risk.
        In its first 16 years of implementation, 200 claims have been filed under Bert Harris, but only a few cases were fully adjudicated in Florida courts. The burden of proof in Bert Harris complaints rests with developers to prove land uses or new zoning rules enforced by government have "inordinately burdened" the property owner.
        Unfortunately, pro-development politicians readily cite Bert Harris as the reason to approve a new project even if the law does not apply. It is like "crying wolf" once too often in a Brothers Grimm folktale. Citizens become disillusioned when local officials use this tactic at public hearings. The public good is not served.
        Perhaps it is time for local homeowner associations to turn the tables on developers who seek to increase the zoning density in their impacted communities and thereby reduce the appraised values of rural or suburban properties.
        A Bert Harris lawsuit filed against a local government agency or political board responsible for changing existing zoning solely to benefit developers - at the expense of established neighborhoods - would certainly get the attention of politicians, and perhaps prevent unwanted urban sprawl.
        As the Halloween celebration nears, remember this trick. To spread fear in the catacombs of city hall, don't shout "BOO" - just say "Bert Harris"!
(c.) Davidsson, 2014.
 *NOTE: Additional articles archive in Older Posts

Palm Beach County: 'A Tale of Two Cities'

        If Charles Dickens, the author of "A Tale of Two Cities," was hired to draft an economic analysis of Palm Beach County, the executive summary of his report would conclude: "It is the best of times (in the Town of Palm Beach), and it is the worst of times in the City of Belle Glade."
        While the classic 1859 novel was a social commentary about life in revolutionary France during the 18th century, his descriptions of economic inequality have certain parallels here in Palm Beach County in the year 2014.
        Demographic diversity is often viewed as a community strength, but the economic diversity (disparity) between the rich and poor - or between eastern coastal cities and the three Glades communities - is a social disgrace. A 2013 U.S. Census comparison of Palm Beach and Belle Glade illustrates this wealth disparity and economic divisions in the county.
        Population: The population of Belle Glade is 58% black and 34% Hispanic. A total of 27% is foreign-born, and 31% of the population is under age 18. The Town of Palm Beach is 97% white, less than 4% Hispanic, with less than 7% under the age 18.
        Social Factors: A total of 85% of Palm Beachers are homeowners with a median home value of $859,000. Less than 43% of Belle Glade residents own their own home, and the median value is $113,000. Just 59% of Belle Glade students receive high school degrees, compared to 97.2% in Palm Beach.
        Wealth: The median household income in Belle Glade is $28,495, compared to $106,548 in Palm Beach. In the City of Belle Glade, 35% live below the poverty rate, 26% collect food stamps, about 19% are unemployed and 41% of the population is not in the work force. Only 4.4% of Palm Beachers live in poverty and 4.9% were unemployed in 2012.
        "A Tale of Two Cities" still carries a useful social message today: "It was the age of wisdom, it was the age of foolishness... It was the spring of hope, it was the winter of despair."
        In Belle Glade there is little hope, but still much despair. Dickens warns the seeds of revolution are planted in fields of human misery.
(c.)

Taming 'Lobbyists Gone Wild' in Government

       In a "one man (or one woman) - one vote" system of government it is assumed that each vote carries equal weight in influencing elected officials. That is unless the heavyweight voter is a registered lobbyist.
        A lobbyist is defined by the 2014 Florida Statutes as "a person who for compensation seeks to influence governmental decision making, or sought to encourage the passage, defeat or modification of a proposal or recommendation..."
        Who are these lobbyists? They are professionals, with their own state organization, representing private sector clients or special interest groups. Local governments also hire lobbyists to influence elected state and federal officials in the passage of local bills.
        Lobbyists of Palm Beach County Government are required to register under the guidelines set in the "Lobbyist Registration Ordinance" which went into effect on April 2, 2012. A list of lobbyists and their clients can be viewed online. Most municipalities and state government also have registration requirements. The new Palm Beach Code of Ethics places limits on lobbyist contributions to local officials.
        So, is there an issue with lobbyists? In the perception of many citizens, who observe lobbyists in action during public hearings, the answer is yes. Many believe the deck is stacked against citizens when they appear in opposition to lobbyists. Part of the problem stems from the public hearing procedures used by local officials.
        In County Government, and the City of West Palm Beach, a citizen's comments on a project or issue is limited to three minutes. However, the lobbyist petitioning the board often is granted unlimited time to present its case for the client. The lobbyist can call experts to testify, and is granted a rebuttal period to respond citizens in opposition.
        Citizens leave the public hearing with the sense their voices were not heard. So what can be done to create a more even playing field during public hearings, and thus restore citizen confidence in the process? Here are a few ideas that have been tried in other parts of the country:

• Balance the time allotted to both lobbyists and persons or groups in opposition.
• Require registered lobbyists to identify themselves and their clients whenever they address a government board.
• Require commissioners to publish their meetings log with lobbyists online.
• Require commissioners to report political contributions received from lobbyists and their clients when they appear before the board at public hearings.

 (c.) Davidsson. 2014.

City of WPB and Sea-Level Rise

        There seems to be a disconnect between stated climate change concerns of the City of West Palm Beach and its recent bayside development actions. The City Commission granted approval on first reading to three high-density projects east of Flagler Drive - the Rybovich village, Palm Harbor Marina Hotel, and the Chapel-by-the-Lake "Bristol" condominium.
        Both the NOAA "Sea Trends" study and a recent University of Florida report confirm South Florida can expect its estuaries to rise about two feet by the year 2060. Land east of Flagler Drive is already a designated FEMA flood zone, hurricane evacuation area, and within the county's hurricane storm surge zone.
        Many progressive cities facing sea-level rise are opting to zone flood-prone waterfronts for civic park or low-density uses. Unfortunately, development dollars trump common sense in the City of West Palm Beach.
        The City Commission is in a state of denial about future flooding along the Lake Worth Lagoon. The city needs to thoroughly examine future public safety and property risk management issues before approving additional projects east of Flagler Drive.
        Note: The updated 2014 FEMA Flood Insurance Rate Maps (FIRM) for Palm Beach County confirm properties located east of Flagler Drive are at risk of flooding.
(c.) Davidsson, 2014