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Session makes amends for past

After years of proposing constitutional amendments, lawmakers show restraint, adding just three proposals.

By JENNIFER LIBERTO
Published May 7, 2006

TALLAHASSEE - Florida lawmakers will ask voters in November to make it harder to change the state Constitution. But they will also ask voters to stick a few more of their own priorities in the enshrined law of the land.

In the session that ended early Saturday, lawmakers sent three new constitutional amendments to the ballot, and all deal with property issues. They're asking voters to give property tax breaks to disabled veterans and low-income seniors and to beef up private property rights for landowners whose land the government wants to take for public projects.

"It's always amusing when the Legislature criticizes the public for all these extraneous constitutional amendments that they propose, which take huge amount of effort, 600,000 plus signatures, tremendous expenses to do this . . . and we're the only ones that propose 70 constitutional amendments each year," said Sen. Ron Klein, D-Delray Beach.

This session was critical for lawmakers seeking controversial amendments. This fall, voters could approve another amendment put forward by the Legislature, one crafted and passed in 2005, that would require a 60 percent vote - instead of simple majority - to change the constitution.

That's why lawmakers fought so hard to pass controversial constitutional amendments that would tweak school vouchers and weaken school class-size requirements. But those measures failed in the Senate by close votes.

"The chance of vouchers being that popular in the near future is not very high," said Senate President Tom Lee, R-Valrico, early Saturday morning.

Dozens of constitutional changes pitched this year would have increased homestead exemptions or allowed homeowners to transfer their Save Our Homes property tax cap when they move. The amendments were aimed at helping homeowners who want to move but feel trapped, because housing prices and accompanying property taxes have risen so much in recent years.

Most failed when lawmakers agreed to delay measures in order to study how to best address property taxes. Yet incoming House Speaker Marco Rubio vowed that many would reappear next year, because he wants to "confront" property taxes, head-on.

"You will see a lot of them back next year, and a lot of new ones," said Rep. Rubio, R-Miami.

This year, the Legislature sent a property tax break to the ballot that would benefit those 65 years and older who make $20,000 or less in annual income. Already, the Constitution allows counties the option to grant low-income seniors a homestead exemption for their primary residence of up to $25,000, in addition to the $25,0000 homestead exemption all homeowners get.

This fall, voters will decide whether to increase the exemption to $50,000, meaning that in counties that agree to enact the exemption in its entirety, low-income seniors could have a $75,000 worth of property tax exemptions.

Voters also will be asked to approve a tax break for disabled veterans 65 or older who were living in Florida at the time they entered the military. They also would have to have been honorably discharged.

Veterans who qualify would receive a discount from their property taxes equal in proportion to the amount of disability determined by the Veterans Affairs Department.

Lawmakers also will ask voters to limit government's ability to condemn and purchase private property for the public's well-being. The move limiting what's called eminent domain is in response to a recent U.S. Supreme Court case. The court supported a Connecticut city's decision to take a woman's house to allow a private developer to build a commercial complex because it would boost the local economy.

The proposed constitutional change would prevent government from taking private property through a condemnation process starting Jan. 2 unless three-fifths of the Legislature passes a law granting a local government permission to condemn.

In an unusual move, lawmakers also agreed to erase a proposed constitutional amendment from the ballot that would have asked voters to expand term limits, which the Legislature had overwhelmingly passed last year.

Some lawmakers up for re-election and higher office this fall felt uncomfortable sharing the ballot with a proposal to prolong political careers, even if it would apply only to lawmakers elected to office for the first time in November.

Several lawmakers said they were pleased that the Legislature passed so few of the numerous constitutional amendments pitched by lawmakers. For example, Sen. Nancy Argenziano, R-Dunnellon, voted no on constitutional amendments that came to a floor vote. She said it made lawmakers appear hypocritical.

That was her explanation for why she was among the key Republicans who helped defeat GOP priorities to repeal the class-size amendment and add vouchers to the Constitution. She also voted against a failed constitutional amendment that would have limited future state budget increases.

"This is sending a message: If you're going to send me out to tell the people to show some restraint against amending the Constitution, then we have to practice what we preach," said Argenziano who was the only no vote on tax breaks for disabled veterans.

Another Republican senator who voted for all three measures, Sen. Victor Crist, R-Tampa, said he was also glad that few constitutional amendments made it to the ballot.

"I'd rather see the Constitution clean," Crist said.

[Last modified May 7, 2006, 01:34:30]