The business lobby frets about all the amendments to the state Constitution, so it's working to curb such initiatives.
By JONI JAMES
Published March 2, 2004
TALLAHASSEE - Florida business has a short wish list for state lawmakers this year: a radical rewrite of the voters' right to amend the state Constitution.
In fact, the state's business lobby is the driving force behind legislative plans to curtail amendments.
The move comes 16 months after Florida voters amended the Constitution to force restaurants to be smoke-free and prohibit pig farmers from caging pregnant pigs.
From the National Federation of Independent Businesses to the Florida Chamber of Commerce and Associated Industries of Florida, the message is the same: all these constitutional amendments are bad for Florida's economy.
"When there are just two pig farmers in the state and pigs get saved from crates, I think it was a wake-up call for a lot of folks about what could happen," said Mike Harrell, a lobbyist for a handful of business interests, including Sprint, software-maker PeopleSoft and liquor-importer Diageo. "It just lowered the bar in terms of what could be amended."
But from there, the business lobby's agenda reads like an assortment of niche issues - staving off cuts to the state's affordable housing trust fund, improving insurance pricing for small businesses and creating a $25-million fund to help Enterprise Florida attract new businesses or keep Florida jobs from moving elsewhere.
The dearth of big issues is by design. It's an election year, and after last year's mammoth legislative session that included medical malpractice insurance and workers compensation reform, businesses know the politicians are eager to hit the campaign trail.
"I tell my clients if you don't need to ask for anything, don't in an election year," said Ron Book, a Broward County lobbyist whose clients include BellSouth, Florida Power & Light and a handful of South Florida hospitals.
A short list still doesn't guarantee success, despite significant support for the business community's perspective on both sides of the aisle.
Leading Senate Democrats have joined Senate President Jim King and Gov. Jeb Bush, both Republicans, in saying the state's Constitution is too easy to amend by citizen initiative. But House Speaker Johnnie Byrd is awaiting the report of a House committee before weighing in.
The most significant change being discussed is asking voters later this year to amend the Constitution to require more than a simple majority, perhaps 60 percent or 75 percent, to approve a constitutional amendment.
Much of Florida's business community wants the question on the August presidential primary ballot. If voters approve it, any initiatives on the November ballot would have to meet the higher standard.
The timing could be the business community's biggest hurdle. Putting the measure on the primary ballot requires a three-fourths approval of the membership of each chamber. That's nearly impossible in the deeply partisan 120-member House, where Republicans are nine votes shy of the 90 votes needed.
The business community is particularly concerned about a proposed constitutional amendment to require that major changes to land use plans be put to a referendum. Many politicians, including Bush, say it would hurt Florida's economy by subjecting almost any new major development to a popular vote.
But many contend it reflects exactly why the petition process is necessary. Advocates say the proposal, which has yet to make the November ballot, would finally rein in growth the public opposes but politicians, enriched by developers' campaign contributions, generally favor.
Last year, several business groups joined with Bush in calling for lawmakers to ask voters to repeal Florida's controversial class-size measure, saying the plan would cost too much in future years.
But the majority of lawmakers, loath to ask voters to reverse themselves so quickly, balked. And many seem to still be balking.
BUSINESS BEFORE THE LEGISLATURE
State lawmakers return to Tallahassee today for the 60-day annual session. Among the business issues on their plate:
CONSTITUTIONAL AMENDMENT REFORM: Make it harder for citizens to amend the state's Constitution through the initiative process. Among the proposals: Shorten the time citizens have to gather signatures for initiatives, move up deadlines for initiatives to be filed or require a supermajority of voters to approve a proposed amendment. The plan could require eventual approval by voters, either in August or November.
WORKERS' COMPENSATION: Lawmakers will be asked to use state funds to help bail out a $9.9-million deficit in the "Subplan D" section of the state's joint underwriting association, the insurer of last resort for 1,800 small employers, mostly contractors. The Legislature is also expected to investigate how to prevent future deficits.
HIGH-RISK POOL: Hoping to give small business owners who buy health insurance for their workers some rate relief, lawmakers will be asked to consider establishing a high-risk insurance pool for chronically ill individuals who cannot get health insurance in the open market.
HOSPITAL PRICING: Associated Industries of Florida and insurers, among others, want to force hospitals to publish their pricing schedules.
AFFORDABLE HOUSING: Bankers, builders, mortgage brokers and real estate agents will work to thwart the governor's effort to dismantle a trust fund that guarantees funding for affordable housing programs.
CORPORATE INCOME TAX PIGGYBACK: Lawmakers must decide whether to continue to tie the state's business income tax plan to the federal program that would accelerate bonus depreciation next year, costing the state more than $100-million next year, but with higher tax receipts in future years.
TORT REFORM: Businesses are expected to make another pitch to lessen property owners' liability when a crime occurs on their property.
SALES TAX HOLIDAY: Retailers are pushing Gov. Jeb Bush's plan for a nine-day sales tax holiday for back-to-school shopping.
OBESITY: Florida Restaurant Association wants lawmakers to outlaw lawsuits that would hold restaurants responsible for customers' obesity.
