Justices' questions don't hint which measures they'll decide are worded properly.
By JONI JAMES
Published June 30, 2004
TALLAHASSEE - A feisty Florida Supreme Court on Tuesday vetted the language for four citizen initiatives aiming for the Nov. 2 ballot.
It was unclear which of the measures - reviewing the state's sales tax exemptions, doubling the property tax homestead exemption, repealing the bullet train or raising the state's minimum wage - the court would bless for inclusion on the ballot.
Chief Justice Harry Lee Anstead merely noted that the court had made sure to take up the measures prior to its summer recess to insure a timely review.
Besides the court's approval, each measure must have 488,722 signatures verified by election officials to make the fall ballot.
"You can never tell which way they are going to go," said former Florida Attorney General Bob Butterworth, who attended the session in support of a measure that would force state lawmakers, every decade, to reconsider goods and services that are exempt from the state's 6-cent sales tax.
The seven justices, appearing before a packed courtroom of lobbyists and former state officials, aggressively questioned both supporters and opponents and bristled occasionally at their limited role in deciding which measures make the ballot.
Under state law, the court can deny ballot access to a citizen petition if it is found to deal with more than one subject or if the ballot language is unfair or provides inadequate information for voters. The court cannot consider the potential impact of the measure or its value to the state.
Indeed, debate Tuesday centered solely on whether each measure met the single-subject test and had an adequate summary.
Only one measure, a plan backed by Gov. Jeb Bush and Chief Financial Officer Tom Gallagher to ask voters to repeal their 2000 mandate to build a high-speed train statewide, did not see public debate. No group or individual filed a brief challenging its ballot language or subject.
The toughest questioning came on the two tax petitions, different measures that if approved by voters would create significant changes in Florida's tax code.
The first, backed by Butterworth, a Democrat, and two other former Republican state officials, Senate President John McKay and Comptroller Bob Milligan, seeks a once-a-decade review of sales tax exemptions. The measure, opposed by much of the business lobby that benefits from current exemptions, would also require a three-fifths vote of each chamber of the Legislature to authorize or renew any exemption.
The second, the brainchild of Vero Beach millionaire Jeffrey Saull, would double the property tax exemption for Florida homeowners from $25,000 of assessed value to $50,000. It is opposed by local governments and school officials worried about the potential loss of $2-billion in revenue.
Justice Barbara Pariente questioned the measure's language promising "property tax relief to Florida home owners," suggesting it was misleading. She noted not all property owners may see a reduction if local governments and school boards raise their rates to compensate for lost revenue.
But Arthur England, a former state Supreme Court justice working for the measure's supporters, argued such questions were not appropriate. He said it would not be the amendment that would cause rates to increase, but votes of local government boards.
"Your job is to say is it written sufficiently," England said.
HEADED TO THE BALLOT?
The Florida Supreme Court heard arguments Tuesday for four citizen petitions that backers hope will be on the November ballot. The court's job: Determine whether the proposed constitutional amendments deal with a single subject and if the ballot summary is adequate. The four measures:
SALES TAX EXEMPTIONS: Would require the Legislature every 10 years to review exemptions to the state's 6-cent sales tax. Would require a three-fifths vote of the Legislature to renew existing exemptions or add new ones.
DOUBLE HOMESTEAD EXEMPTION: Would double from $25,000 to $50,000 the amount of a home's value exempt from property taxes.
REPEAL THE BULLET TRAIN: Would remove from the state Constitution a 2000 voter mandate to build a high-speed rail system.
RAISE THE MINIMUM WAGE: Would set a state minimum hourly wage of $6.15 in May 2005, and index it to inflation annually.
