Skip to main content
Eminent DomainNewsGrowth

Special Alert: 2010 Application Deadlines – Preparing for Worst Case Scenario

By January 5, 2010No Comments

While the Coalition for Property Rights’ weekly newsletters primarily focus on the importance of protecting the rights of property ownership, our New Year’s edition will more practically focus on the urgent need to secure “vested” property rights.

Florida land owners with plans to put their land to constructive economic use at any point in the future should be alerted to the fact that Florida may be about to enter the last land use application cycle when changes will be permitted without the added burden of land owners being forced to run political campaigns as part of Florida’s land permitting process

Today, CPR is encouraging every Florida land owner to contemplate the “worst case scenario” in which they will be forced to seek popular voter support for their individual dreams for the use of their land. 

That will be the result of the passage of Amendment 4, otherwise known as the “Hometown Democracy” amendment on the 2010 General Election ballot.  Public opinion polls show the measure passing with strong support of Florida voters.

Land owners desiring different land use labels, or additional vested rights, should be seeking to secure these rights in the current cycle. 

This week, every land owner in Florida should send a written inquiry to his or her municipality requesting a detailed written description of current development options, including zoning label, land use label, and information on the jurisdictional regulations or restrictions appropriate to those labels, and asking if there are any additional restrictions or overlays relative to their properties.  CPR receives a number of calls each year from owners whose labels and entitlements have been changed without their knowledge.

Since your current vested rights may effectively become permanent if Amendment 4 passes, it is extremely important to land owners know your rights and have written documentation supporting existing entitlements.

Today, CPR is providing this suggestion as the documentation of entitlements and applications submitted by Florida land owners during the forthcoming cycle may prove vital to those desiring to exercise private property rights in the future.

If you are a CPR newsletter reader with friends, family or business associate who own land in Florida, particularly any individual who owns rural or agricultural land, we ask that you pass along today’s newsletter to forewarn them of approaching application deadlines.  Land owners who are not aware of their current vested rights or who do not secure land use labels appropriate for future desired uses, may be unable to use their land in the manner of their choosing in the future.


The threat to Florida property rights is a real and present danger with extraordinary ramifications for individual property owners.  Amendment 4 is currently poised for passage.

Having conveyed this serious and practical warning, this writer is 100% confident Amendment 4 can be soundly defeated.

It can be…IF…Florida land owners unite in the strategic effort to defeat it.

It is that simple.  The fate of the future to use land in Florida rests with those who are aware of the implications of Amendment 4 to individual property rights and Florida’s economy.

Like the Coalition for Property Rights, almost every association and industry group in Florida is preparing to wage a communications battle to educate the voters of Florida on the negative impacts of this proposed constitutional amendment and to persuade them to “Vote No on Amendment 4.

This communications campaign must be strongly supported through the resources of thousands of individuals and businesses across Florida who believe in private property rights or who simply understand the passage of Amendment 4 will be the nail in Florida’s economic coffin.

All land owners in Florida have voters in their individual circles of influence (i.e. personal rolodex or Christmas card lists) who can be educated about Amendment 4 in personal conversations and through information sent by email to friends, family members and business associates. Land owners should be talking and emailing about Amendment 4 and its ramifications.

All business owners in Florida have existing communications channels through which they communicate with Florida voters. Voters are among the general public, customers and employees who they are already speaking to in their business communications. These existing channels provide an easy, low cost way to help communicate with the Florida electorate.

All business and professional associations in Florida have captive audiences of likely voters and the ability to communicate repeatedly with their members.

Lastly, every Florida property or business owner has a direct financial incentive to financially support the work of the Coalition for Property Rights ( or Floridians for Smarter Growth, a statewide political committee formed to fight Amendment 4 ( 

If you are a property owner or business owner who believes Amendment 4 must be defeated, then JOIN THE TEAM today and help ensure this ill-conceived initiative is soundly defeated.

Amendment 4 was created and has been primarily supported by two individuals, an environmental attorney and a comrade, who are selfishly intent on stopping growth in Florida by stripping land owners of their rights and the protections afforded by representative government.

It will take your time and financial resources to kill it.

It can be defeated.  No referendum in Florida which has been seriously opposed with significant financial resources has been passed under the new 60% requirement.

In 2010, the battle for and against Amendment 4 will certainly intensify as we move closer to November’s General Election. Your help is needed. Commit to fighting Amendment 4 today. The future of property rights in Florida will depend on it.

SAVE THE DATE:  CPR’s next Issues Forum luncheon will be held on Friday, February 26.  Please make a notation on your calendar.



On Thursday, January 7, 2010, at 7 p.m. the City of Maitland’s Planning and Zoning Commission will meet to consider an ordinance which imposes a moratorium on new development with commercial drive-thru elements. The City Council is schedule to hear this ordinance on Monday, January 11, 2009 at 6:30 p.m. (Maitland City Council Chambers, 1776 Independence Lane) For more information, please call CPR office at 407-481-2289.  All Maitland land owners and business owners with drive thru elements should plan to attend these hearings to ensure this discriminatory moratorium is defeated.

OF NOTE: When CPR staff contacted the City of Maitland, we were told the City had not compiled a comprehensive transportation analysis documenting the impact of drive-thrus prior to moving forward with this moratorium. The need for the moratorium is presumptively a concern regarding transportation impacts. Citizens must hold their local governments accountable and demand factual evidence be collected and considered and that a genuine public safety crisis exist before such an extreme regulatory action as a moratorium is adopted. If not, officials will enact moratorium for any conceivable cause.


Reader responses always welcomed!

Carol Saviak
Executive Director
Coalition for Property Rights
2878 S. Osceola Avenue
Orlando, FL 32806
407-481-2289 telephone
407-481-0834 fax

Leave a Reply