FLORIDA STRENGTHENS PROPERTY RIGHTS PROTECTIONS
May 3, 2011
This past week, the Florida Senate unanimously passed (39-0) a much-needed update to Florida’s Bert J. Harris, Jr., Private Property Rights Protection Act. This pro-property rights bill was passed the preceding week by the Florida House of Representatives (98-15). This excellent legislation is now a pending law of the State of Florida and awaits Governor Rick Scott‘s signature. This legislation was originally concepted by CPR in consultation with our state’s top property rights attorneys. This bill was originally authored by Representative Steve Precourt and championed to passage by Representative Eric Eisnaugle and Senator David Simmons.
This update strengthens the property rights protections afforded to all Florida land owners and is aimed at saving taxpayer dollars by reducing unnecessary litigation by municipalities seeking to avoid fiscal accountability for regulatory impacts to property owners. This legislation represents a renewed commitment by the Florida Legislature to protecting individual economic opportunity in our state by limiting the power of government entities over land use rights. This proposed law reaffirms the Constitutional principle of the 5th Amendment (Takings Clause) and intent of the existing Bert Harris Act to make government entities financially accountable for regulatory decisions which place inordinate burdens on individual property owners and which devalue private property.
This legislation positively enhances multiple aspects of the current statute, including shortening the time period land owners must wait to file their suit in court, adding direct compensation as a common-sense solution for settlement and adding a clause relating to moratorium on development which has impacted multiple industries in Florida. The bill also clarifies legislative intent relative to sovereign immunity and will hopefully prevent municipalities from irresponsibly wasting tax dollars litigating this issue in the future, as the City of Miami Beach did in the Royal World Metropolitan case, rather than simply addressing the primary legal issue of damage to property value.
This legislation was strongly supported by Speaker Dean Cannon and Senate President Mike Haridopolos, as well as Senate President Pro-Tem Mike Bennett, immediate Senate-President Elect Don Gaetz, future House-Speaker Designate Chris Dorworth. The public support of this bill by current and future Legislative leadership sends a signal that property rights are a renewed priority in Tallahassee and leaders in state government are aggressively working to stimulate Florida’s economy recovery.
This bill was supported by a coalition effort, including the Tallassee-based “Property Rights Coalition” lobbying federation, the Florida Chamber of Commerce, Associated Industries of Florida, Florida Fruit & Vegetable Association, Florida Farm Bureau, Association of Florida Community Developers, Florida Homebuilders Association, Florida Association of Realtors, and others.
This action by the Florida Legislature is noteworthy on a national level. Florida’s protections are unique and have just been enhanced. Only 3 other states have similar statutory measures which seek to address the impact of regulation on property rights and property values, and two of these are narrowly crafted statutes and not considered substantive in scope. Two other states have constitutional provisions with similar general intent, but in most states in America there is no state-level check on the power of local and state government to regulate land. In most of the nation, citizens have no meaningful state protection against government entities regulating nearly every aspect of land use – and part of the reason why we see absolutely egregious examples of property rights abuse occurring from coast to coast. America’s Founding Fathers understood that unless limited and held fiscally accountable for regulatory takings that government entities would not self limit their power. Florida’s Legislative leaders exhibited true leadership in enhancing Florida’s law which provides a financial check on the power of government to abuse individual rights and to harm individual property owners through actions which devalue their property investment.
This legislation is intended to reiterate the messages that “Florida is open for business” and “Capital investment in real property is welcomed and secure.” This bill also demonstrates, on several levels, what opportunities are possible when an organization like CPR exists that is exclusively dedicated to the promotion of property rights in Florida.
This updated legislation is not a “complete fix” or “silver bullet” in addressing the impact of regulation and “regulatory takings” in our state, but it is another positive and pro-active step forward. This legislation represents property owners uniting to play “offense” for a change instead of ”playing defense” as land owners have in past decades while watching their rights and opportunities be diminished.
House Co-Sponsors included: Representatives Dennis Baxley, Jason Brodeur, Chris Dorworth, Paige Kreegel, Steve Precourt, Greg Steube; Charles Van Zant; Trudi Williams.
Senate Co-Sponsors included: Senate President Haridopolos, Senate President Pro-Tem Mike Bennett, Senate President-Elect Don Gaetz and Senators Alan Hays, John Thrasher, Stephen Wise, JD Alexander, Charlie Dean, Greg Evers, Gary Siplin.
CPR would also like to take a moment to extend our organizational thanks to several individuals whose personal interest and advocacy helped to shape this legislation and secure its passage: Dan Stengle and Gary Hunter of the Hopping Green & Sams law firm, Butch Calhoun of the Florida Fruit & Vegetable Association, Bill Hunter of the Association of Florida Community Developers, Amy Brigham Boulris and Andrew Brigham of the Brigham Moore law firm. Toby Brigham, Bert J. Harris, Jr., Tracy Marshall of the GrayRobinson law firm and the late Wade Hopping also provided instrumental guidance. Adam Babbington, David Hart, Mark Wilson of the Florida Chamber, Jose Gonzalez of Associated Industries, Keith Hetrick of Broad and Cassel along with legislative aides Dan Peterson and Joe Clements also deserve our sincere thanks for their support. We would also like to express our gratitude to those that played critical roles in the passage of this legislation, but who were not specifically named.
Final bill text: http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0701er.docx&DocumentType=Bill&BillNumber=0701&Session=2011
SPECIAL EVENT RECAP:
CPR would like to thank all of our members and guests who attended CPR’s “Return to Prosperity Event” Dinner & Fundraising Event last Friday evening. The event featured Stephen Moore of the Wall Street Journal and was a resounding success!
CPR president and founder Doug Doudney opened the event with a quick look back at CPR’s decade of service and successes which have included the filing of two amicus briefs to the Supreme Court of the United States, successfully championing both statutory and constitutional eminent domain reforms, working as part of a statewide coalition effort to defeat Amendment 4, defeating locally proposed special tax assessments, impacting state and local regulations, and working to help individual property owners in need. This summer, CPR is proudly celebrating its 10th anniversary of operations.
CPR Executive Director Carol Saviak also presented CPR’s Board of Trustees with special plaques commemorating their service as well as two special “Champion of Property Rights” awards to Michael Moehle of CCPR and the Kantner Foundation and to Andrew Brigham of the Brigham Moore law firm. CPR’s “Champion of Economic Liberty” award was presented to Stephen Moore following his keynote speech, recognizing his dual influence on national public policy as an author, educator and media commentator and his significant contribution to the work of “changing public policy by changing the make-up of Congress” as founder of the Club for Growth.
Every attendee left enlightened and inspired by Moore’s candid and surprisingly optimistic assessment of America’s national fiscal challenges. Moore is confident in America’s ability to reignite our economy IF we can get our fiscal house in order. Many attendees were able to ask Moore individual questions and carried home signed copies of Moore’s recent book, “Return to Prosperity: How America Can Regain Its International Superpower Status” which he co-authored with Dr. Art Laffer.
Moore praised CPR’s grassroots work to impact public policy at the state and local level in Florida. In his speech, he referenced the International Index of Economic Freedom (an international study of the economic factors that lead nations to prosperity or poverty) and pointed out that “Property Rights Protections” are one of the key factors linked to prosperity across the world. Moore strongly encouraged members to financially support the Coalition’s work. He stated, “You will not find a better bang for your buck than CPR” and also remarked, “We need organizations like CPR in every state.” This national endorsement of CPR’s work is certainly worth cheering about!
THANK YOU! CPR would like to express our sincere appreciation to Stephen Moore for his personal support of the work of the Coalition for Property Rights. This inaugural dinner program was made possible through the generous support of event sponsors Phoenix Real Estate Co. and Crittenden Fruit Co., Inc. whose corporate leaders share CPR’s vision that property rights should be protected and promoted in Florida.
JOIN CPR TODAY! If you are a citizen, property or small business owner who believes that government should be limited in its ability to restrict property rights and in doing so, limit the raw resources of American land and the socio-economic mobility open to American citizens, then we invite you to today to make a statement about your personal commitment to this all-American value. Join CPR today online at www.proprights.com/contribute/ which also has a form which can be printed and mailed in to: Coalition for Property Rights, 2878 S. Osceola Avenue, Orlando, FL 32806.
Reader responses always welcome! carolsaviak@aol.com
Legislative Update: Part 1
March 17, 2011
“Legislative leadership” is a phrase which references the key players in a legislative body as well as the “hoped-for” actions of the entire legislative branch. From a property rights’ perspective, given the dismal economic “state of the State” and Florida’s failed experiment with comprehensive planning, true leadership is desperately needed in state policymaking. This Session, we may just see it.
Thanks to the pro-prosperity ideology of leaders like Governor Rick Scott, Speaker of the House Dean Cannon, Senate President Mike Haridopolos, House Majority Leader Carlos Lopez-Cantera, Senate Majority Leader Andy Gardiner and Senate President Pro Tem Mike Bennett, the Capitol is super-charged with a new energy. A spirit of real reform is almost palpable inside the Capitol buildings.
It is inspiring to hear committee chairmen opening meetings with questions such as: “Since we all agree the current law isn’t working and right for Florida’s economy in 2011, before moving forward, should we discuss the basic question of whether we should be attempting to radically reform this law or whether it is necessary at all?”
Another clear sign that change is in the air can be seen on the already harried faces of municipal and government lobbyists…and Session has only just begun! Generally, these individuals are among the most arrogant characters in the Capitol hallways. They receive tax-payer funded paychecks to advance the interests of government. In the past, government and regulatory agencies have been good clients. For several decades, there has been layer upon layer of new regulation to champion. Municipal and agency lobbyists have generally fared well each session in advancing the ideology of expanded government power and authority. However, under the Scott-Cannon-Haridopolos “reform agenda” – costly and cumbersome bureaucracies and pro-regulation interests are no longer great clients to represent.
In Part 1 of our Legislative Update, CPR would like to highlight a few of the key bills impacting property owners:
_ PCB – Growth Management (PCB CMAS 11-04 ) A major effort to overhaul Florida’s failed growth management system is moving forward this Session. The primary vehicle for reform in the Florida House of Representatives is a comprehensive committee bill amending Florida Statutes Chapter 163, including redesignating the “Local Government Comprehensive Planning and Land Development Regulation Act” as the “Community Planning Act” and revising the intent, purpose and scope of the act. To review the current draft legislation, please click on the following link: (http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=2605&Session=2011&DocumentType=Proposed Committee Bills (PCBs)&FileName=PCB CMAS 11-04.pdf ) The bill is currently under review in the House Community & Military Affairs Subcommittee which is capably chaired by Representative Ritch Workman.
In the Senate, several Growth Management bills include SB 174, SB 122 and SB 1512 by Senate President Pro Tem Mike Bennett and SB 1512 and SB 1910 (State and Regional Planning) by Senator Miguel Diaz de la Portilla.
_ HB 701/SB 998 – Property Rights - This legislation is a much-needed update to the Bert J. Harris, Jr., Private Property Rights Protection Act of 1995 which amends and enhances protections afforded to property owners under the Act. (The bill’s House Sponsor is Representative Eric Eisnaugle and Senate Sponsor is Senate Majority Whip David Simmons. Current House Co-Sponsors include Representatives Trudi Williams, Dennis Baxley & Paige Kreegel. Current Senate co-sponsors include Senate President Mike Haridopolos, Senate President Pro Tempore Mike Bennett and Senators JD Alexander, Charlie Dean, Greg Evers, Alan Hays, John Thrasher, Stephen Wise. (http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_s0998__.DOCX&DocumentType=Bill&BillNumber=0998&Session=2011) CPR members will recall this important property rights legislation was passed by the Florida House in the 2008 Session, but was deferred in the Senate. This Session, this pro-property rights legislation is receiving the strong support of key Senate leaders.
_ CS/HB 239 & SB 1090/SB1490 - Numeric Nutrient Water Quality Criteria – by Representative Trudi Williams. Senators Charlie Dean and Greg Evers are sponsoring Senate bills addressing the same subject. This proposed legislation protects property owners by prohibiting the implementation of certain federal numeric nutrient water quality criteria rules by DEP, water management districts, & other governmental entities. The bills also clarify the authority of water management districts & other governmental entities with respect to pollution control. House co-sponsors include Representatives Jason Brodeur, Rachel Burgin, Matt Caldwell, Paige Kreegel, Greg Steube and Charles Van Zant. http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=45116&
_ HB 707/CS SB 858 – Agriculture – This legislation is intended to reform regulation impacting agricultural land and agriculture operations. Sponsored by Representative Steve Crisafulli and State Senator Alan Hays. This bill includes prohibiting counties from enforcing certain limits on activity of bona fide farm operation on agricultural land or charging such land for stormwater management assessments & fees, provides exemptions from certain restrictions on county’s powers over activity on agricultural land, creates “Agricultural Land Acknowledgement Act” and requires applicant for certain development permits to acknowledge certain contiguous agricultural lands as condition of permit, exempts farm fences from Florida Building Code, exempts nonresidential farm buildings & farm fences from county & municipal codes & fees. House co-sponsors of this legislation include Representatives Trudi Williams, Jason Brodeur and Paige Kreegel. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_s0858c1.DOCX&DocumentType=Bill&BillNumber=0858&Session=2011
_ HB 421/SB1174 – Wetlands Ag Exemption – This legislation is sponsored by Representative Leonard Bembry and by Senator Gary Siplin and clarifies the exemptions afforded to agricultural activities allowed in wetland areas. Senate co-sponsor is Senator Evelyn Lynn. House co-sponsors include Represenatives Bryan Nelson, Keith Perry, Charles Van Zant and Trudi Williams. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0421__.docx&DocumentType=Bill&BillNumber=0421&Session=2011
_ HB 13/SB 130 – Onsite Sewer Disposal & Treatment Systems – This legislation is sponsored Representatives Marti Coley, Brad Drake, Clay Ford and Senator Charlie Dean. This bill eliminates provisions directing DOH to create and administer statewide septic tank evaluation program and fees which has been the source of controversy across the state. House co-sponsors include Representatives Janet Adkins, Larry Ahern, Ben Albritton, Dennis Baxley, Jeff Brandes, Doug Broxson, Richard Corcoran, Steve Crisafulli, Matt Gaetz, Tom Goodson, Matt Hudson, Clay Ingram, Larry Metz, Scott Plakon, Elizabeth Porter, Jimmie Smith, Greg Steube and John Tobia. Senate co-sponsors include Don Gaetz and Joe Negron. Similar bills include HB 167 by Coley, SB 82 by Lynn, SB 168 by Evers, SB 1698 by Dean. (SEE ALSO SJ 18). http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_s0130__.DOCX&DocumentType=Bill&BillNumber=0130&Session=2011
TO BE CONTINUED…Additional legislation of interest will be profiled in Part 2 of this update.)
COMMUNICATING WITH YOUR REPRESENTATIVES
This Session may be the most important Session in several decades in Florida for property owners to communicate directly with their representatives and legislative leaders. CPR has compiled a special “Legislative Contacts Directory” for its membership – which you can download and print via the following link. CPR’s directory contains the email addresses and Capitol telephone contacts for every State Representative and State Senator in one convenient listing: http://www.proprights.com/uploads/CPR2011FLHouse&SenateDirectory.pdf
Property owners who support the current “reform agenda” have a role to play as citizens in the current Legislative Session. By emailing and calling legislators, you can encourage and thank legislators for their individual support for pro-property rights, pro-prosperity legislation. Let your voice be heard!
JOIN CPR TODAY!
To support CPR’s year-round work and efforts to educate lawmakers on policy impacting property owners, we need your help today. JOIN CPR as an official member today online at http://www.proprights.com/ or by calling 407-481-2289 for more information. If your company is not already an official corporate sponsor, call us today to find out how your corporate support can help promote and defend property rights in Florida! (Corporate membership = just $2.75 per day!) Show your corporate commitment to property rights in Florida!
Reader responses always welcomed! carolsaviak@aol.com
Carol Saviak Executive Director Coalition for Property Rights 2878 S. Osceola Avenue Orlando, FL 32806 407-481-2289 telephone 407-481-0834 faxProperty Rights Built Florida! Support property rights today - www.proprights.com
STOP, DROP and ROLL: Talking Points for Regulatory Reform
March 1, 2011
This weekend, our nation’s governors convened at the National Association of Governor’s Winter Conference. Predictably, economic issues took center stage and were punctuated by simultaneous news coverage of the union-led siege of Wisconsin’s Capitol.
According to the Center on Budget and Policy Priorities (CBPP), “2012 is shaping up as states’ most difficult budget year on record. Thus far some 44 states and the District of Columbia are projecting budget shortfalls totaling $125 billion for fiscal year 2012.” http://www.cbpp.org/cms/?fa=view&id=711
An excellent presentation was provided in the opening session by Dr. Michael E. Porter of the Harvard Business School. Porter encouraged America’s governors to consider the need to enhance economic competitiveness and to view enhanced competitiveness as a prerequisite of job creation. He communicated two other simple ideas: 1) state economies are a collection of local and regional economies with differing resources and economic opportunities, and 2) economic growth is often driven by the two factors of productivity and innovation.
It was good to see the attention of America’s state CEOs refocused on basic economics. It is noteworthy that in this particularly auspicious opportunity and in discussing our nation’s fiscal crisis, Dr. Porter’s key theme and advice to these leaders was to focus their efforts to revive their state economies on enhancing competitiveness…In other words, “Get government out of the way!”
The need to protect private property rights is also a basic, fundamental component in the American economy. The ability of individuals to utilize real property resources to advance their economic dreams has historically been an extraordinary catalyst for economic growth and expansion. It can be again…if regulatory and tax policies which limit the freedom to use property for economic benefit are reversed.
Today’s CPR edition was inspired by the simple, “STOP, DROP and ROLL” fire safety technique taught to children and adults as a component of safety education. It is a simple and memorable phrase. Citizens can use this phrase in discussing three easy ways to re-ignite local and state economies.
STOP: State and local government leaders should be encouraged to stop increases in taxes and fees which impact the freedom to put real property to constructive economic use. Passing multi-year moratoria on any new increases in local taxes and fees would represent a genuine commitment to enhancing economic competiveness. Entrepreneurs and property investors are looking for comparatively low risk environments (relative to the passage of new fees or taxes) which could impact return on investment. Government entities must also stop spending in excess of actual revenues.
DROP: State and local government leaders should be encouraged to go one step further and drop property tax rates and fees relative to the use of real property to a rate which makes their jurisdictions attractive for investment. To enhance competitiveness and attract capital, one has to offer an economic environment which is not only attractive, but more attractive than other areas.
ROLL: State and local government leaders should be encouraged to roll back regulations which negatively impact investment. Regulations are frequently referred to as “hidden taxes” as they can produce the same exact effect in the economy as burdensome taxes and fees. For example, the vagaries and cost of time burden often associated with state growth management and local land use permitting rules elevates risk, thereby decreasing the attractiveness of investing capital. To enhance competitiveness, local and state governments must reduce the heavy weight of regulation which currently discourages investment in real property.
Regulation also requires additional public employees to implement and enforce these unnecessary policies and laws. Rolling back regulation is a savvy way for fiscal managers to attack one of the primary cost centers in government – public employee wages, benefits and pensions. Less regulations require less employees to enforce them. (NOTE: If the regulations which created their public jobs has been repealed, public employees cannot rationally protest or picket job cuts, wage cuts, benefit cuts, etc…when the public purpose for these jobs no longer exists.)
These are not new or ground-breaking ideas. In fact, they are very basic economic fundamentals.
Isn’t it time to return to the basics?
Citizens also have a basic role to play in these local, state and national economic debates.
Citizens must communicate the need for economic reforms if we desire to see America’s economy rebound and returned to a land of unlimited economic opportunity. Freedom is not free – or guaranteed. It must be chosen and defended by each citizen and each generation.
By arming citizens with ideas for communicating, such as today’s “Stop, Drop & Roll” talking points and the ”opportunities for action” which regularly appear in our weekly e-newsletters, CPR hopes to aid and empower citizens to communicate the importance of property rights and economic freedom with friends, family colleagues and lawmakers.
THANK YOU!
Special thanks to the Northwest Orange Republican Women Federated club for hosting a speech by CPR Executive Director Carol Saviak at their February meeting and to The Apopka Chief newspaper for their excellent article on this special event.
JOIN CPR!
If you are a private property owner, who believes in the basic ideal of freedom and believes the protection of private property rights is a value which must be promoted in America today, you are invited to join a growing number of Americans who are standing together to promote these values and pushing-back against government overreaches. Join the Coalition for Property Rights today using our convenient online registration http://www.proprights.com/contribute/ or call 407-481-2289 for more information about individual membership or corporate sponsorships. Join CPR today and add volume to our collective voice for property rights!
Reader responses always welcomed! carolsaviak@aol.com
Carol Saviak Executive Director Coalition for Property Rights 2878 S. Osceola Avenue Orlando, FL 32806 407-481-2289 telephone 407-481-0834 fax http://www.proprights.com/New Florida Statue 335.199
Florida Statutes Section 335.199 has been enacted as reflected in the attached Chapter 2010-281, Laws of Florida. The new statute was effective November 17, 2010 according to the attached Senate Joint Resolution 2010-10-A.
The new statute requires DOT to notify all affected property owners, municipalities and counties whenever a project on the State Highway System will divide the highway, erect median barriers that modify current turning movements or close/modify existing access. The notification must occur at least 180 days prior to when the design is finalized. DOT must hold at least one public hearing in the affected jurisdiction and determine economic impacts of the change. The local government must be consulted on the design and is authorized to present alternatives.
The law was enacted as part of a mini-special session in November to revive several bills previously vetoed by Former Governor Charlie Crist. Among them, Senate Bill 1842 was approved as a veto override, creating Florida Statutes Section 335.199.
Senate Joint Resolution 2010-10-A
STANDING UP FOR SMALL BUSINESSES
January 31, 2011
The Coalition for Property Rights was recently approached by a group of property owners and small business owners in Winter Park, Florida, with concerns regarding a municipal “improvement project” planned for their small commercial corridor directly off Interstate 4 which would entail roadway improvements impacting transit to and from their small businesses and include a planned new tax assessment to fund the municipality’s “beautification” vision. Our answer to their call: “Absolutely. How can CPR help?”
In this specific situation and in localities across Florida, we are continuing to witness the attempted overlay of the City’s vision (or more accurately, the vision of a relatively small group of political elites) over private property with little or no respect for the “vision” which owners might have for their privately-owned property.
This problem is caused in large part by our State’s Growth Management Act (GMA) and comprehensive planning policies which mandate every county and municipality in Florida engage in anti-property rights activities and the public planning of private property. Until Florida’s Growth Management Act is reformed or repealed, property owners and small businesses will be subjected to annual attacks on their property rights and property values.
In this case, some affected owners believe city officials would prefer to see their small businesses eliminated and replaced by larger buildings and larger businesses which would generate larger tax revenues. They have good reason for this suspicion.
This type of economic favoritism or economic elitism is heavily implied during planning discussions and even bluntly articulated by staff and local officials across Florida. Those supporting a municipality’s “vision” argue the existing property and small business owners simply “ought to recognize the benefit” of these overlays. From this perspective, the potential ability to sell your land for anticipated profit at some unknown point in the future should be viewed as “a huge favor” by government officials – even if it appears negative to small businesses struggling to survive in the short run and whose land and livelihoods might be considered “non-conforming” uses when changes to zoning and future land use conditions are adopted.
Florida’s Comprehensive Planning regulations strongly promote the idea that municipalities should overlay their public vision over private land. Under Florida’s GMA, there is no text which restricts public planning to public lands or to public activities like transportation or utility corridors. What Florida’s GMA does do – is create targets of existing small businesses – many of whom do believe as Americans they have every right to continue existing operations at their existing size and scale as long as they can successfully afford to do so.
The idea that public entities should plan the future of private land is anti-property rights ideology. I also believe it is un-American. No property owner or small business owner who has worked hard, sacrificed, saved, taken the risk of investing and pays taxes should be subject to any entity of local government placing a label over their land which restricts their ability to use it. Yet, this is exactly what we have in Florida today…and why CPR gets calls from small businesses owners who feel their basic right to stay in business is being undermined by their own government.
Small businesses are the backbone of America’s economy. Small businesses should be strongly supported by every elected office holder and every public employee whose salary is partially-funded by small business tax dollars. Woe to an America that forgets that every big business or international mega-corporation began as a small business.
One of the aspects of the infamous Kelo v. New London eminent domain case (in which the U.S. Supreme Court incredibly allowed a city to seize private property for the purpose of transferring the land to another third party) that has not been discussed was the failure of the community to stand up for the small property owners and small businesses who were targeted.
If you are a land owner witnessing a regulatory impact to another land owner but do nothing…If you are a small business owner who watches another business impacted by government but do nothing…how long do you think it will be before another faction of that same government, using the same excuse or ideology comes for you? Who will stand up for you and your rights – if you yourself are not willing to take a stand for others.
We are in a new era where small businesses are no longer valued by government leaders and are no longer perceived to be the best or “most desirable” use of land in certain geographical areas by certain elites. If this idea angers you…It should. It should anger every American.
Realize that whenever others are subjected to unfair treatment and government is not pushed back and told, “Stop – you just can’t do this,”….if and when, government ever sets its focus on your home or business – it could also happen to you.
If you would like to assist CPR in our efforts to take a stand for small businesses in Florida and America – we invite you to join us in communicating with state and local officials when you see issues concerning small business and when opportunities are brought to your attention by CPR.
In the upcoming Legislative Session, you will also hear and read a great deal about necessary reforms to Florida’s Growth Management Act, Comprehensive Plan and the Department of Community Affairs (which has responsibilities for overseeing/enforcing these policies.) These reforms are badly needed to improve what is truly “bad law” and poor public policy. Your communications to local and state officials is vital to supporting small businesses and property owners across Florida.
America as we know it – or the America we once read about in our history books will cease to exist as a land of unlimited opportunity if we each do not recognize what is occurring all around us.
The next time you hear the word “vision” used by any agency or branch of local or state government, ask yourself the question, “Whose vision is it?” and “What small businesses or land owners might be impacted by the adoption of this vision plan?”
International history has taught us some very harsh lessons about what happens to ordinary citizens when government leaders forget government should serve as a ”support function” and instead seek to impose their “vision” on citizens or specific minority groups.
FAST FACTS: HOW IMPORTANT ARE SMALL BUSINESSES ARE TO THE U.S. ECONOMY?
According to the federal Small Business Administration (http://www.sba.gov/), small firms:
- Represent 99.7 percent of all employer firms.
- Employ just over half of all private sector employees.
- Pay 44 percent of total U.S. private payroll.
- Have generated 64 percent of net new jobs over the past 15 years.
- Create more than half of the nonfarm private gross domestic product (GDP).
- Hire 40 percent of high tech workers (such as scientists, engineers, and computer programmers).
- Made up 97.3 percent of all identified exporters and produced 30.2 percent of the known export value in FY 2007.
- Produce 13 times more patents per employee than large patenting firms; these patents are twice as likely as large firm patents to be among the one percent most cited.
OPPORTUNITIES FOR ACTION THIS WEEK:
30 SECONDS: Think about personally embracing the idea that you have a role to play in America as a citizen property rights activist.
60 SECONDS: Help CPR in its grassroots work to support the Small Business Owners in the Fairbanks Corridor in Winter Park – by sending a short email, such as, “Small Businesses Matter! I am a taxpayer and strongly support Fairbanks Corridor Small Businesses!“ to Winter Park City Leadership: kbradley@cityofwinterpark.org, panderson@cityofwinterpark.org, bdillaha@cityofwinterpark.org, ccooper@cityofwinterpark.org, tmcmacken@cityofwinterpark.org, city_manager@cityofwinterpark.org.
90 SECONDS: Email Governor Rick Scott (rick.scott@eog.myflorida.com), Senate President Mike Haridopolos (haridopolos.mike.web@flsenate.gov), House Speaker Dean Cannon (dean.cannon@myfloridahouse.gov) and your individual State Senator or State Representative (lists available at http://www.flsenate.gov/ or http://www.myfloridahouse.gov/) with a quick message to let them know you strongly support regulatory reform, Growth Management Act reform, Comprehensive Planning reform, DCA reform - or a regulatory reform of specific interest to your industry or small business.
2 MINUTES: Add CPR’s 2011 slogan, “Property Rights Built Florida.” to your email signature or our general motto of, “Property Rights Matter.“ CPR’s out-of-state members can customize our slogan to their state or use, “Property Rights Built America.” A nation without property rights is a nation without opportunity. This is a very small way to join and help CPR in promoting the value of private property rights. Also, think of how much you now see “green” agenda propaganda communicated in this same fashion and in advertising. Take a stand for liberty, by personally promoting the ideas of liberty.
JOIN CPR TODAY!
If you are not an official of CPR or need to renew your membership for 2011, we invite you to join CPR today – at any level of support. Private property rights are the cornerstone of America’s economy and supporting property rights is as all-American as apple pie. CPR mission is to promote the value of private property rights and to defend these rights from erosion. If you support this mission, add volume to our collective voice by enlisting as an official member. Contribute at any level and join fellow citizens in uniting in the work of saving the American Dream. CPR offers two ways to join via our website http://www.proprights.com/. You can join online using our easy online form, or print off a membership form which can be mailed in to our office: CPR, 2878 South Osceola Avenue, Orlando, FL 32806.
Reader responses always welcomed: carolsaviak@aol.com
Carol Saviak Executive Director Coalition for Property Rights 2878 South Osceola Avenue Orlando, FL 32806 407-481-2289 407-481-0834 faxProperty Rights Built Florida! Support property rights today: http://www.proprights.com/
OF MICE & MEN
January 26, 2011
This week’s edition profiles a recent legal filing regarding federal endangered species law, an alert to property owners regarding property valuation and also includes a few quotable quotes in the news:
PERDIDO KEY: Pacific Legal Foundation Challenges Beach Mouse Rules in Florida & Alabama
A petition submitted to the U.S. Fish and Wildlife Service (FWS) by the Pacific Legal Foundation argues federal officials illegally cut corners when they designated 1,300 acres in Florida and Alabama as “critical habitat” for the Perdido Key beach mouse and they should cancel the designation immediately.
In this petition, PLF attorneys represent the Council for Endangered Species Act Reliability (CESAR), a nonprofit organization that works to ensure that environmental regulatory decisions are based on sound science and are applied with consistency, transparency, and in accordance with the law.
The Perdido Key beach mouse is listed under the Endangered Species Act, and federal officials have designated parts of Escambia County, Fla., and Baldwin County, Ala., as “critical habitat” for the species. Critical habitat can lead to strict limits on the use of property, including private land. FWS has estimated that the economic impact of the critical habitat designation for several beach mice in the Florida panhandle and the Gulf Coast region of Alabama – including for the Perdido Key beach mouse – totals up to $174.9 million, mainly through limits on development projects.
The petition filed this week by PLF attorneys contends that FWS skipped a key step in making its critical habitat designations. The agency should have performed an analysis of the impact on the human environment, as required by the National Environmental Policy Act (NEPA), according to the PLF petition.
“Federal officials went about this process in a very one-sided way,” said PLF attorney Damien M. Schiff. “They set aside land to protect a non-human species but ignored important human concerns. For example, how will land use restrictions for mice affect the economic and social development of cities, towns, and rural areas? Will the creation and growth of businesses be slowed or distorted in harmful ways, and will low-income communities be hurt disproportionately? These are the kinds of social concerns that NEPA forces government to address when it imposes environmental regulations. NEPA explicitly says it applies whenever federal regulations would significantly affect the ‘quality of the human environment.’ But in this critical habitat process, the feds took the lazy approach and simply acted as if they didn’t have to follow NEPA.”
The case is titled, In the Matter of the Petition to Rescind Critical Habitat for the Perdido Key Beach Mouse (Peromyscus Polionotus Trissyllepsis) under the Endangered Species Act. The rescission petition is available at PLF’s website(http://www.pacificlegal.org/). The Pacific Legal Foundation is a national legal watchdog for property rights with an Atlantic Center headquartered in Stuart, Florida.
CPR applauds PLF’s recent filing on behalf of Florida property owners!
VALUATION WATCH:
CPR President Doug Doudney wishes to alert property owners to the fact that local property appraisers are now posting the new “working values” online. Defend your right to fair valuation by checking property’s working value today. If the working value assigned to your property is not an appropriate or fair value, you can ask to meet with your appraiser and seek an adjustment. A formal appeals process is also available. Take advantage of the benefit of time. A complete list of Florida property appraisers with quick links to each office can be found at: http://dor.myflorida.com/dor/property/appraisers.html. Simply click on the name of your county appraiser in blue text.
QUOTES OF NOTE:
“Any bill that seeks to increase taxes at the state or local level will find a chilly reception in the Florida House.” – Statement by Florida House Speaker Dean Cannon (R-Winter Park) as reported in the Orlando Sentinel (1/24/11).
“We may have differences in policy, but we all believe in the rights enshrined in our Constitution. We may have different opinions, but we believe in the same promise that says this is a place where you can make it if you try. We may have different backgrounds, but we believe in the same dream that says this is a country where anything is possible. No matter who you are. No matter where you come from.” - President Barack Obama, 2011 State of the Union Address 1/25/2011 (for a quick look at the full text visit: http://www.whitehouse.gov/the-press-office/2011/01/25/remarks-president-state-union-address.)
SUPPORT CPR:
If you value private property rights, you are invited to join CPR today as an official supporting member. CPR is a non-profit education and advocacy group whose work is supported by the generosity of the individual and corporate members who believe property rights should be promoted and defended. Join today – at any level – online at www.proprights.com/contribute/ where you can also print a membership form which can be mailed in to CPR, 2878 S. Osceola Avenue, Orlando, FL 32806. Donations of all sizes are appreciated and give CPR the financial “ammunition” we need to continue this important all-American fight. For information about corporate sponsorships or special gifts, please contact Executive Director Carol Saviak at 407-481-2289 or via email at carolsaviak@aol.com
Reader responses always welcomed! carolsaviak@aol.com
Carol Saviak Executive Director Coalition for Property Rights 2878 S. Osceola Avenue Orlando, FL 32806 407-481-2289 407-481-0834 faxNEW YEAR FOR PROPERTY RIGHTS ADVOCACY
January 17, 2011
The advent of the New Year also hails the start of the year-long regulatory assault on property rights by municipalities across Florida. Municipal officials frequently seek to justify their positions through the advancement of regulations which they believe demonstrate “leadership” and job security. The current “cultural belief” within most municipalities that “regulation equals leadership” must be changed. Citizens must work to redefine true leadership as the protection of private property rights and the creation of public policy which stimulate the economy and promote individual freedom.
As part of CPR’s work and mission, we monitor the actions of local government and provide live “front-line” testimony at local public hearing where regulations and impacts to individual property owners are being discussed. Today’s edition highlights a few of the local issues CPR is monitoring.
WINTER PARK: On Thursday, Jan 13, the Winter Park City Commission held a town hall meeting with the full commission. CPR Executive Director and a number of property owners offered comments and concerns regarding the treatment of property owners and tenants along Fairbanks Avenue who will be significantly impacted by a sewer and beautification project which may take a full year of construction to complete. CPR expressed strong concerns regarding the critical importance of maintaining ingress and egress points to businesses which are struggling during the current recession and also regarding the mandated assessments on these businesses to pay for the beautification costs. The City has planned these beautification elements and believes the changes to sidewalks and light poles will help create a more aesthetically appealing entrance into the city. However, the economic reality is that the City has created a beautification plan and will be forcing property owners and small businesses to pay for during a recession. The City is also installing a number of medians in the center of Fairbanks Avenue which will create new access issues for many of the small businesses and residents who live in the neighborhoods off Fairbanks. City officials did state on official public record that eminent domain would not be utilized in the Fairbanks improvement project. City officials were also responsive to CPR’s request for a second forum specifically to discuss impacts to individual affected property owners. Mayor Ken Bradley and the City of Winter Park have an opportunity to reconsider the economic impact of the beautification assessments and to create a model for how construction zones are managed in minimizing the effect on small businesses. CPR thanks each of the property owners who offered comments and helped to raise awareness of the serious impact of this project on small business and homeowners.
ORLANDO: On Monday, Jan 24, the Orlando City Commission will discuss a regulatory overlay plan for a section of Semoran Blvd./SR 436 from Brosche Road north of the State Road 408 expressway and Grant Street south of Curry Ford Road. Commissioner Tony Ortiz is championing this new regulation and has expressed his belief that the community support and community preferences for this area take precedence over the individual property owners’ rights and impacts. The overlay plan includes restrictive development standards, landscaping and sign regulations, as well as new taxpayer spending and potential future assessments to fund on sidewalk improvements and other beautification elements.
SANFORD: On Monday, Jan 10, the City of Sanford passed a new regulation (Ordinance 4226) which unfairly limits specific uses in certain areas, in this case specifically targeting residential duplexes and bail bond offices. This type of micro-regulation represents an abuse of power by officials seeking to impose their personal preferences as to what uses are appropriate where. Duplexes offer a valuable residential option to citizens. Bail bond offices are legitimate businesses which offer valuable insurance services in our judicial sector. The free market is a far better determinant of what is or is not an appropriate use of land than a small handful of commission members. These unnecessary restrictions impact affected property owners by reducing the potential uses of their property. Restrictions on use can not only reduce income, but also reduce the future market value of their land. Sanford also adopted Ordinance No. 4227, substantially revising and amending the provisions of Schedule “S” of the City of Sanford Code/Land Development Regulations.
RAYS OF LIGHT:
OSCEOLA COUNTY: On Jan 10, the Osceola County Commission approved a moratorium which eliminates commercial impact fees in unincorporated Osceola County for one year. This action removes the current financial penalty on the use of commercial property. This should be applauded and imitated by all Florida municipalities. Impact fees are a narrow form of taxation designed specifically to discourage the entrepreneurial use and redevelopment of private property. CPR also encourages Osceola and other municipalities to “leave no property owner behind” and to include all properties, including residential properties, in these waivers.
JACKSONVILLE: Let’s hope that Jacksonville City Council members believe “Imitation is the sincerest form of flattery” and follow Osceola County’s demonstration of economic common-sense. The Florida Times Union today reported Jacksonville is considering an impact fee moratorium.
REGULATION WATCH: Become a “Property Rights Sentry” and report new or proposed regulation in your municipality to CPR via email to carolsaviak@aol.com and help us to spotlight the hyper-regulatory activity continuing in municipalities across Florida and also to highlight the courageous local leaders working to reverse this trend!
PRESENTATIONS:
On Tuesday, Jan 18, CPR Executive Director Carol Saviak will address the Downtown Orlando Kiwanis Club and offer a presentation on the topic, “Property Rights Built Florida” and will discuss the vital link between the protection of property rights and the health of Florida’s economy. To request a guest speaker for your professional association or civic club, please call 407-481-2289 or email carolsaviak@aol.com.
BECOME A MEMBER:
If you support private property rights, help give property owners a greater voice in the fight to defend these important human rights. Join CPR or Renew Your Membership Today! www.proprights.com/contribute/ A downloadable membership form is also available, which can be mailed in to CPR, 2878 S. Osceola Avenue, Orlando, FL 32806.
QUOTE FOR THE DAY:
“A wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement.” – Thomas Jefferson, 1801 First Inaugural Address
Reader responses always welcomed! carolsaviak@aol.com
Carol Saviak Executive Director Coalition for Property Rights 2878 S. Osceola Avenue Orlando, FL 32806 407-481-2289 407-481-0834 FaxA Day for Hope
January 4, 2011
This week, in our state and national capitols and in public halls across Florida, thousands of citizen leaders are being sworn into office. These individuals have proven their abilities in winning elections and have rightfully earned the opportunity to serve and God willing, to lead.
Today represents a day of hope for property owners across America and the citizens who supported and voted for individuals they believed would support the language of the U.S. Constitution and would defend the ideals of freedom and free markets.
The 2010 Election was a referendum on the direction of our nation as voters showed a clear desire to return to America’s roots of less government and more prosperity.
In Florida, we have a unique opportunity. Both our legislative and executive branches will be led by pro-prosperity leaders who understand the negative impact of unlimited government.
Governor Rick Scott was sworn into office at noon today and will bring two important characteristics to the Governor’s office: 1) Personal faith in God from whom our natural rights are derived, and 2) A bold style of executive decision-making based on his extensive business experience, an asset not seen in the governor’s chair for decades, if ever.
In his campaign, Governor Rick Scott clearly conveyed where he stood on the economy and of specific interest to property owners, on regulation. It is clear he understands unnecessary regulation stifles economic growth. In his address, Governor Scott was refreshingly candid about his priorities as Governor and included specific references to the need for regulatory reform in Florida. (To view the full text of Governor Scott’s inaugural address, click on the following link: http://www.scottcarrollinaugural.com/2011/01/04/florida-governor-rick-scott-inaugural-address/ )
Here is a brief excerpt from Governor Scott’s address:
“What does it take to create that favorable business climate? Florida has to offer the best chance for financial success. Not a guarantee -just the best chance. Three forces markedly reduce that chance for success- taxation…regulation…and litigation. Together those three form “The Axis of Unemployment”. Left unchecked they choke off productive activity. Florida has wisely refused to impose an income tax. Under my plan we’ll eliminate the business tax and reduce the property tax.The State of Florida raises enough revenues to meet its needs. It should focus on spending those revenues smarter, setting better priorities and demanding more accountability. We’ll also re-examine every regulation to make sure its benefits outweigh its costs. Unless they are pruned. Regulations grow like weeds. While there are SOME regulations that are essential for health and safety, and others that are essential to the protection of our priceless environment, it’s PAST TIME to demand that every regulation be re-evaluated. We will conduct a top to bottom review of all state regulations and weed out unnecessary ones that hinder job creation. Today, I will sign an Executive Order creating a State Office of Fiscal Accountability and Regulatory Reform to review all proposed and existing regulations to determine their impact on job creation.”In Washington, D.C., another proponent of property rights, Senator Marco Rubio, will also be taking the oath of office this week. He is joined by other individuals elected in the national push to reclaim America, such as Senator Pat Toomey of Pennsylvania, former president of the Club for Growth. There is reason to hope this new wave of Congressional leaders will address the dramatic expansion of federal regulation and spending during recent years.
In cities and counties, there are new local representatives being sworn in who campaigned on and embrace free-market values.
Today represents a day of hope. Hope that these individuals will not simply espouse these beliefs, but actually apply them. Hope that these leaders will lead Florida and America forward and away from the dangerous path toward socialism. Hope that these citizen servants will serve the best interests of the people and not specific interests. Hope that the practice of appeasement will end – when appeasing a vocal minority means robbing property owners and other citizens of freedom and economic opportunity.
Today must also be a day of resolve…not merely for these new office holders, but for the citizens who are not participating in the inaugural celebrations today – but instead are working to pay the bills. The property owners and taxpayers whose labor funds local, state and federal government operations cannot forget their post-election roles.
We must each resolve to be active in communicating with these office holders. We must embrace the label of “activist” in the effort to redirect our nation’s course and to join generations of Americans in the sacrifice of our time and resources to the effort of maintaining the most free and prosperous nation on earth.
If we do not communicate when issues are being debated, these officials will bend their ears to other voices who are not lobbying for policies of freedom or prosperity. In the past, it is not only the officials who have failed us, but we have also failed ourselves in not holding officials accountable every day they hold office when we see them voting to unravel America’s foundation of freedom.
OPPORTUNITIES FOR ACTION:
1) Take 1 minute today – to send an email to Governor Rick Scott, Senator Marco Rubio or any of your state or local office holders. Encourage them to “Take a stand for property rights and prosperity in the New Year.” Let them know that you are personally resolving to be active in monitoring their service and communicating with them on issues of important to you in the New Year. (Key email addresses & links: Governor Rick Scott: rick.scott@eog.myflorida.com, Lt. Governor Jennifer Carroll: jennifer.carroll@eog.myflorida.com, Find your State Senator: http://www.flsenate.gov/, Find your State Representative: http://www.myfloridahouse.gov/, U.S. Senator Marco Rubio: http://www.marcorubio.com/contact/, Congressional Representatives: https://writerep.house.gov/writerep/welcome.shtml)
2) JOIN CPR Today – Become an official member of CPR today via our safe and secure online service and join us in the work of promoting and defending property rights in Florida. Join today at any level and show your civic pride in being an active part of the effort to hold government officials accountable. Join today online at www.proprights.com/contribute. A membership form which can be printed and mailed in to CPR, 2878 S. Osceola Avenue, Orlando, FL 32806 is also available at this link.
Reader Responses welcomed! Reply to: carolsaviak@aol.com
Carol Saviak Executive Director Coalition for Property Rights 2878 S. Osceola Avenue Orlando, FL 32806 407-481-2289 office 321-231-6085 cell 407-481-0834 faxCary Gaylord Named Super Lawyer 5 Years in a Row
TAMPA, FL –- Cary Gaylord of the law firm Gaylord Merlin Ludovici Diaz & Bain has been named as “Super Lawyers” for 2010 by Florida Super Lawyer. This marks Gaylord’s fifth year in a row as a Super Lawyer. The selection process for inclusion is a multi-step and rigorous procedure. Only five percent of the total lawyers in the state are selected for inclusion. Those who are selected five years in a row is an even more exclusive group.
SPECIAL SESSION UPDATE: A Brief Glance at Good Government
November 18, 2010
In an excitingly brief Special Session, the Florida Legislature convened, took care of the people’s business in an efficient fashion and promptly adjourned.
In a glimpse of good things to come in the next regular session, they passed every single one of the pro-property rights veto overrides and issues which CPR profiled in our Tuesday Special Edition! (to view the full article, please visit: http://www.proprights.com/newsviews/display_newsletter.cfm?ID=893)
For the first time in several decades, true hope is on the horizon for Florida property owners.
OPPORTUNITY FOR ACTION: Please take 2 minutes today to call or email your individual state representative or state senator. Thank them for taking such a strong stand for Florida property owners! All members can be located at http://www.myfloridahouse.gov/ or http://www.flsenate.gov/
CPR is also pleased to republish below the opening remarks by Speaker Dean Cannon which every Florida citizen should read. If you have not personally heard Speaker Cannon speak about the importance of private property rights and limited government, take a few moments today to read his opening address to the Florida House of Representatives. You’ll be glad you did!
CPR also looks forward to future profiles of Senate President Mike Haridopolos, who is also a strong property rights supporter and a conservative “rock star.” A Sunshine State News report highlighted Haridopolos’ opening day remarks which included, “If your bill raises a tax, or makes it easier to file a lawsuit against a fellow Floridian or increases bureaucratic red tape, I don’t like your chances,” and, “We have two options – to raise taxes or spend less. We will spend less.” (FUN FACT: In his original campaign, Florida’s new Senate President had bumper stickers and signs which asked,”What’s a Haridopolos?”)
Speaker Dean Cannon’s Organization Session Opening Remarks as prepared for delivery:
“I want to begin my remarks by thanking God, who has been so gracious and merciful to me and given me life and eternal life, and to especially thank him for allowing all of us to be here today.
I want to next recognize and thank my family. The first and highest thanks go to my beautiful wife, Ellen. I wouldn’t be here today or be who I am without you, and you have sacrificed more and worked harder to bring me here than I have. I love you very much.
To Dean, my wonderful son, Katherine, my first daughter, and Sarah, my baby girl, you three have brought more joy to your mother and me than you will ever know, I love you, and thank you for allowing Daddy to serve in the house and to become Speaker.
I want to say a special word of thanks to my mother and father who are here today, Ginger and Roy Cannon, to my grandmother, Althea Cannon, and a long distance hello to my grandparents in North Carolina, Grace and Walter Harrell, who could not be here in person.
A tremendous thanks go to my brother, Dr. Sterling Cannon and his wife Heather for being here today.
And to my many, many other family members, friends and colleagues, as I look around this room there are so many of you. Thank you for helping me throughout my life and for helping me to arrive here today.
Members, I cannot adequately express my gratitude for the incredible honor and privilege you have entrusted to me to be your speaker. I promise you I will hold myself accountable, and ask that we all hold each other accountable, to the high standards of this institution and the people we represent.
I have sought the counsel of many of the former speakers for advice over the years, and especially Speaker Cretul. And, I intend to do so again gentlemen. And, they cautioned me that each speaker must confront the issues at hand, not the issues they wished were at hand when they were first elected. I’ll tell you that’s true.
Together we all share a responsibility to address the tough issues facing our state now. I know we will not always agree on the difficult choices ahead, but regardless of the circumstances, we are privileged to hold in this chamber the trust of the people of Florida and with that trust comes a responsibility to do our very best for them.
We find ourselves today with a large majority caucus. This means the majority has the responsibility lead, the minority has the opportunity to participate and the public has the right to watch. As your speaker, my goal is to ensure that all of that happens fairly and orderly.
The most meaningful bipartisanship is unforced, voluntary bipartisanship, and I hope that we in the majority party will work with those in the minority party to collaborate for the good of the people we serve. And so, I extend a pledge of fairness to members of both parties, but please remember that obstructionism is not the same as dissent and personal attacks are not the same as meaningful debate.
We come together today as the 85th Florida house since statehood in 1845. Each of you holds 1/120th of the sovereignty of the Florida house. Each bears the same burden and each holds the same opportunity that comes with the constitutional responsibilities we have sworn to uphold.
Since statehood, only 3,477 people have had the privilege to sit in the seats you currently occupy, less than 3,500 people out of tens of millions who have called our state home.
Members, as my gift to you, in each of your desks you will find a lapel pin with a seal of the Florida House of Representatives which symbolizes, in a small way, your place in the history of the Florida house and our great state. It signifies your responsibility to your constituents, to our state, and to this great institution.
When you wear this pin remember that you are part of something bigger than yourself. It’s something much bigger than the promises you made on the campaign trail and it’s different from making a living in your private life, never forget that. When you wear this pin remember that you are a public servant, you are a part of the government of this state and you are a part of the history of Florida.
It is unfortunate, but true, that a terrible temptation when you are part of government is to succumb to the notion that we in Tallahassee can make all things better through government. It’s so easy to see people facing challenges and think, “if we just had more government revenue, we could create a program to fix that,” or “if the government would just impose more regulations these bad things would never happen to good people.”
My friends, those sentiments may be well intended, but they are dangerous. Government cannot give everything to everybody and it cannot prevent every calamity. The notion that government can somehow make everyone happy and healthy has led our federal government into the terrible experiment in government run amok that the voters of our state and our nation overwhelmingly rejected two weeks ago.
So, during the next two years I am going to challenge you to ask a much harder question. Instead of asking what government can do to fix a problem or prevent a potential wrong, when confronting the challenges facing our state, I challenge you to ask whether or not government should be involved at all. Or, better yet, what can government stop doing that will allow greater freedom to our citizens?
If someone had told those of us who were first elected in 2004 that by 2010 the federal government would be not only advocating but implementing the greatest expansion of government power since the New Deal, I would not have believed it.
And yet, that is exactly what we have seen.
Government taking over banks and financial institutions, government taking over auto manufacturers and the production of durable goods, government socializing medicine and government trampling the property rights of citizens and the sovereignty of states.
Should it really be the role of government to require people to purchase a health insurance product they don’t want, raise taxes to give that same product to others who can’t afford it, and commandeer our state government and its resources to carry it out?
Or, should we work to limit government and empower the private sector by developing a clearly-defined framework for providers in Florida to compete to meet the needs of our citizens and then hold them accountable for their performance?
Can it really be the proper role of the federal government to arbitrarily come in to a single state and unilaterally tell us that Florida must adhere to arbitrary, unscientific and unachievable EPA standards?
Or, should we raise our voices in protest and defend our citizens’ property rights and our state’s sovereignty against this assault by the federal government?
The threats to our liberties come not only from the federal government, but can also be seen much closer to home.
As an attorney and an officer of the court, I believe fervently in a judicial branch that is strong and independent and fully empowered and equipped to fulfill its constitutional duties.
But for the judiciary to be independent, it must also be impartial and apolitical. It must respect the co-equal executive and legislative branches, and protect their unambiguous constitutional powers, and it must practice the restraint that is built into our federal and state constitutions.
Yet, over the past year three times we saw the work of a three-fifths super majority of this legislative branch, the elected representatives of over 18 million Floridians, demolished by five unelected Justices on the Supreme Court. This was done notwithstanding the fact that there is no express authority in the Florida constitution for doing so.
So I ask you, is it the role of judicial branch to decide political questions, and endanger its reputation for impartiality, by depriving the voters of the right to vote on important questions put forth by their elected representatives?
Or should we make good on the oath we took to protect and defend Florida’s constitution, which expressly grants the legislature the unlimited right to place questions before the voters so that they, the people, may exercise their highest political right by voting to choose whether or not to amend their constitution?
These are just a few examples of threats to freedom and the cost that the loss of liberty has occasioned, but there are many others.
It’s worth asking of all of those examples I just cited, how and why did government expand so much and try to control so much economic activity or exercise those powers? While there is no one single answer, I believe much of it stems from an arguably well-intentioned but fatally flawed assumption that government can and should protect people from themselves, and that government can and should help people more than they can help themselves.
Ladies and gentlemen, when government takes over private sector assets and controls private sector activity, or denies people the right to vote because the government decides they might be confused, even if it does so–perhaps especially if it does so–in the name of protecting them, that my friends is a destruction of freedom and is the road to serfdom and economic bondage not only for us but for our children and their children after them. It is the road to ruin of a healthy economy and the foreclosure of a bright future for our state and our nation.
Real freedom seeks equality in opportunity, not equality in outcome.
To question the size and scope of government at every level could truly produce a new birth of freedom. Economic freedom, based on the principle that people — not the government — can and should best determine how the fruits of their labor will be used; and making people, not the government, responsible for determining their own destinies, for better or for worse.
We shouldn’t seek freedom merely for its own sake, although that is reason enough. We should seek freedom because it is the path to human industry, to returning strength to Florida’s economy, to people achieving their highest potential.
Floridians want jobs. Jobs create opportunity and self respect. Jobs provide people a stake in their future.
In order to get our economy moving again, we need to liberate capital, we need to inspire entrepreneurs, we need to give people the opportunity to create jobs.
Our mission over the next two years is to foster an economy that will allow the men and women of Florida to prosper. Our mission over the next two years is to bring sanity to the government’s role in the private sector. Our mission is to ask ourselves whether every action we take will promote freedom and empower businesses to create jobs.
You cannot regulate your way to prosperity. You cannot tax your way to wealth, and you cannot borrow your way out of debt. We cannot pass a bill to end this recession. But, we can create the freedom for the private sector to build a healthy and dynamic economy.
Members, this is not a theoretical classroom discussion. Floridians need a new birth of freedom now. This new birth of freedom will help encourage entrepreneurship, it will help create jobs, and it will help get Floridians back to work. And it is economic freedom that will unshackle our economy and once again paint a brighter picture for the Florida of tomorrow.
The road will not be easy, but our families and our children, and our children’s children, will thank us.
May God bless each of you, may God bless this House, and may God bless the great state of Florida.”
TAKE A PERSONAL STAND FOR PROPERTY RIGHTS TODAY – JOIN CPR or RENEW YOUR MEMBERSHIP TODAY!
If you enjoy receiving our CPR educational e-newsletters and if you like the fact that Florida has an organization devoted exclusively to the promotion and defense of property rights, then STAND WITH US TODAY by becoming an official member OR renewing your membership via our website: http://www.proprights.com/ Your membership supports our organization’s year round work and every new member adds volume to our collective voice. Special one-time gifts to support special projects and special events are always welcomed. Annual corporate sponsorships are also available. Call Carol Saviak at 407-481-2289 for additional details on how you can support CPR’s work through a major gift to support our exclusive work in advancing property rights in Florida.
Reader responses welcomed! carolsaviak@aol.com
Carol Saviak Executive Director Coalition for Property Rights 2878 S. Osceola Avenue Orlando, FL 32806 407-481-2289 407-481-0834 fax http://www.proprights.com/Pages
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