Smoking limited, hog crates enlarged

Voters looked at a long list of amendments Tuesday. Their choices will have varying implications.

By ALICIA CALDWELL and ANITA KUMAR
© St. Petersburg Times
published November 6, 2002

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Florida voters outlawed smoking in restaurants and other indoor workplaces as they overwhelmingly approved a state constitutional amendment designed to protect people from second-hand smoke.

The amendment, championed by a coalition of health organizations, will have the greatest impact on restaurants and bars that serve food. However, stand-alone bars -- those that serve virtually no food and are not attached to restaurants -- will not be affected.

"We will have a healthier Florida with lives saved and death and disease prevented," said Ralph DeVitto, chief operating officer for the Florida American Cancer Society.

The second-hand smoke initiative was one of 10 to go before voters Tuesday. The slate of constitutional amendments had been alternately lauded as grass-roots efforts and criticized as a clunky way to circumvent the Legislature.

Voters also:

-- Overwhelmingly approved an amendment adding the death penalty to the state Constitution, and changing the wording to match that in the U.S. Constitution. The standard for "excessive punishment" will go from the current "cruel or unusual" punishment to "cruel and unusual" punishment. The measure, which had an extraordinarily long summary, was deemed confusing by many elections supervisors and politicians, who have different interpretations of the amendment's effect.

-- Approved an amendment that bans the practice of confining pregnant pigs in small crates. The measure targets hog farmers who keep pregnant sows in pens so small the animals cannot turn around.

-- Approved a measure requiring a two-thirds vote by legislators before approval of new exemptions to the state's public records laws.

-- Approved an amendment requiring economic impact statements to accompany measures that would amend the state Constitution.

-- Approved a property tax break for those who renovate their homes to take in elderly parents or grandparents. Those property owners will not have to pay property taxes on the property value increase caused by the renovations.

-- Rejected an amendment to the Miami-Dade County Charter that would add more checks and balances to Miami-Dade government, which has had its share of scandal.

Amendment 6, the indoor workplace smoking ban, came about after frustrated health organizations failed to persuade legislators to take up their cause. The American Cancer Society joined forces with the American Lung Association of Florida and the Florida/Puerto Rico affiliate of the American Heart Association to collect the signatures necessary to get the amendment question on the ballot.

"We have known for years that Floridians wanted smoke-free workplaces and smoke-free restaurants and the Legislature would not do it," said DeVitto, of the American Cancer Society.

The groups are concerned about the detrimental effects on non-smokers when they are exposed to smoke from someone else's cigarette, cigar or pipe smoke.

The amendment provides for exceptions for private homes except when they are being used to provide commercial child care, adult care or health care. There also are exceptions for retail tobacco shops, designated smoking guest rooms at hotels and other public lodging establishments.

The state Legislature will have the job of writing the enabling legislation for the second-hand smoke amendment, which would take effect no later than July 1, 2003. The legislation would include civil penalties for violations and delegate responsibility for enforcement.

Floridians also voted to protect the rights of pregnant pigs banning "gestation crates" from hog farms that hold sows in such small spaces that they cannot turn around. With more than $1.2-million in donations from groups such as the Humane Society of the United States, the amendment passed easily.

Supporters of the amendment contend the animals suffer physical and psychological problems from the small crates.

"Once people realized the animal cruelty that is going on they stepped up to the plate," said Rebecca Frye of Floridians for Humane Farms. "We knew that we had a solid base of support."

Amendment opponents, who did not wage a formal fight against the proposal, said the pens have been endorsed by the American Veterinary Medical Association and don't hurt the pigs.

Frankie Hall, assistant director of agriculture policy for the Florida Farm Bureau Federation, said the amendment would have no real effect in the state, which has no large hog farms and only two that use the cages prohibited by the amendment.

"We knew it was an uphill battle," Hall said. "I think the sad thing is that animal cruelty has already taken care of in existing law. All it does is clutter up the constitution."

Supporters said the amendment was more than a battle over crates. Rather, its serves as a "preemptive strike" to keep hog farms from coming to Florida, which is not a major swine state.

"We're delighted that the people of Florida have set a precedent," said Wayne Pacelle, a Washington, D.C. spokesman for the Humane Society of the United States. "There were thousands of Floridians that wanted to address this issue. We expected it to pass. It's good for Florida and animals."

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