Print

Email story

Comment

Email editor

Florida Legislature 2005 (click for ongoing coverage)

THE LATEST Man gets $2M for 22 years he lost Mystery: Who left money faucet on? Many hurricane relief measures get blown away Dramatic proposal, cautious response Legislature doesn't act on minimum wage deal For open-government cause: 'a mixed bag'

Panel urges higher hurdles for amending Constitution

Ballot initiatives would have to pass by a 60 percent margin instead of a simple majority.

By STEVE BOUSQUET
Published March 10, 2005

TALLAHASSEE - Florida voters would face new hurdles in amending the state Constitution under a series of changes a House committee approved Thursday.

In party-line votes, the House Judiciary Committee's Republican majority said it was trying to stop special interests from hijacking the Constitution.

Democrats protested that the changes would make it all but impossible for citizens to have a direct voice in government. Democrats tried to create a new route to amend the Constitution but were defeated by the GOP majority.

Nine Republicans were joined by one Democrat, Rep. Shari McInvale of Orlando, in supporting most changes. Three Democrats usually voted no.

One of the changes approved Thursday would require that ballot initiatives pass by a 60 percent margin instead of a simple majority. Citizen initiatives also would have to pass in at least 60 percent of the state's 25 Congressional districts, in a move designed to prevent voters in urban areas such as South Florida from imposing new programs not widely supported elsewhere.

Another change would require a two-thirds majority for ballot measures with significant impacts on the state budget.

A third change would limit subject matters to those already in the Constitution.

Every change would have to pass both houses of the Legislature by a three-fifths margin and approved by voters in November 2006.

"We are giving the people the opportunity to decide how their Constitution should be amended. That's how the process should work," said Rep. Joe Pickens, R-Palatka.

"We're doing everything we can to try to take people out of democracy," countered Rep. Dan Gelber, D-Miami Beach. "I think it's a sad day when we've just decided that we know better than anybody."

Democrats proposed a system known as statutory initiative which allows citizens to pass laws that could be repealed by the Legislature only by a two-thirds vote. Republicans say that would usurp their powers as elected representatives.

California uses the statutory initiative.

"I'm not in the habit of emulating what California does," said House Speaker Allan Bense, R-Panama City.

This is the second year in a row lawmakers have pushed to limit how the Constitution can be amended. From pregnant pigs to pre-kindergarten education, a growing number of citizen petitions have been proposed in recent years.

But while Democrats and their allies say the surge in initiatives is the result of an unresponsive Legislature, Republicans and their allies say deep-pocket interest groups are to blame.

"It's hardly about citizens doing this anymore," said Mark Wilson of the Florida Chamber of Commerce.

Common Cause's Ben Wilcox said citizens view the initiative as "their only opportunity to get their voices heard in a process that is controlled by special interests."

Rep. Jack Seiler, D-Wilton Manors, criticized Republicans for acting possessive about what is in Florida's Constitution.

"This is not our Constitution. It's the voters'," Seiler said. "The voters are going to say, "There they go again, trying to restrict our access.' "

Senate President Tom Lee, R-Brandon, said it is too easy to amend the Constitution.

"It's a scary situation to have a Constitution so subject to amendment with a simple majority," Lee said. "The evidence is clear. A higher threshold for approval is appropriate."

Times staff writer Lucy Morgan contributed to this report.

[Last modified March 10, 2005, 17:39:02]