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The ruling upholding a 1992 vote that imposed term limits will force 40 percent of legislators off next year's ballot. Already, they're scrambling.
By JO BECKER and TIM NICKENS
© St. Petersburg Times, published September 3, 1999
TALLAHASSEE -- The Florida Supreme Court gave state politicians mandatory retirement dates Thursday.
In a unanimous opinion, the court upheld eight-year term limits for the state Legislature, the state Cabinet and the lieutenant governor. The result: Forty percent of the Legislature cannot appear on the ballot for re-election next year, and Cabinet offices once held by the same person for decades will turn over as often as the Governor's Mansion.
"We're tired of the political careerism," said Max Linn, the president of Florida Citizens for Term Limits. "It's simply time for them to take their experience and their leadership abilities and do something else."
The ruling is guaranteed to make election year 2000 a chaotic one and may give Democrats a chance to pick up seats in the Republican-controlled Legislature. Already, the political equivalent of a game of musical chairs has begun, with term-limited lawmakers eyeing runs at different seats.
Meanwhile, term limit opponents are issuing dire warnings that less experienced lawmakers will mean a shift of power to lobbyists and staff members. Florida State University President Sandy D'Alemberte, a former lawmaker who was among those to challenge the law, said it is unlikely that the court's ruling will be challenged.
But, he added, "I think it will lead to mischief."
Gov. Jeb Bush, however, said it will "bring about better government." And House Speaker John Thrasher, also a supporter of term limits, said he plans a more intensive training session for new members to counteract the potential problems that inexperience can bring with it.
"New members are bright, energetic and hardworking," he said. "If they are willing to spend some time, they can be very effective very quickly."
By more than a 3-to-1 ratio, Florida voters adopted eight-year term limits in 1992 for state politicians and members of Congress. The governor already was limited to eight years.
The "Eight Is Enough" campaign sailed through when term limits reached the height of their popularity nationwide. Voters were angry at incumbent politicians, prompted by a series of scandals in Congress and a lagging economy.
That same year, voter initiatives for term limits were approved in nine other states besides Florida. Now 18 states have term limits on state legislators.
In 1995, however, the U.S. Supreme Court ruled that the states could not limit congressional terms without an amendment to the U.S. Constitution.
That led five Florida voters to file a lawsuit against the "Eight Is Enough" constitutional amendment. Among their arguments: that voters really wanted to limit the terms of Congress, not state lawmakers. The voters came from the districts of three term-limited state senators: Tampa Democrat Jim Hargrett, Quincy Democrat Pat Thomas and Gainesville Republican George Kirkpatrick.
But the Florida Supreme Court didn't buy it. The argument that the law is unconstitutional because "it is impossible to be certain that the voters would have adopted the amendment had it not contained provisions limiting the terms of federal legislators ... misplaces the burden of proof," the court ruled.
Thomas said he accepts the court's ruling but still questions the constitutionality of term limits.
"Many people saw this lawsuit as an attempt by a few "old dinosaurs' to hold onto power and privilege of elected office," said Thomas, who has been in the Senate 25 years. "I want to make it perfectly clear that, at least for me, that was never the case."
The court opinion will set off chain reactions throughout Florida.
In the Tampa Bay area for example, Rep. Les Miller of Tampa cannot run for re-election but will run for the Senate seat occupied by Hargrett. Rep. Rudy Bradley, R-St. Petersburg, has been working on a re-election bid but said Thursday he will take another look at Hargrett's Senate seat now that the court has ruled.
"I never would have run against Hargrett," Bradley said.
The ruling also makes it more likely that state Rep. Victor Crist, R-Temple Terrace, who is being forced out by term limits, will run for Sen. John Grant's seat.
In Miami, Republican Rep. Alex Villalobos will run for Republican Sen. Mario Diaz-Balart's seat. Diaz-Balart may take the unusual step of running for Villalobos' House seat, a step down the political ladder from the Senate. He said if he does run, it will be to play a role in redrawing the districts in 2002. It's a process that takes place every 10 years and can have a significant impact on minority representation.
"You're going to have all these new legislators not only learning about the complexities of dealing with the budget and education formulas, but also taking on one of the most difficult things we do: reapportionment," he said. "That's a little scary."
With 53 House incumbents and 11 Senate incumbents forced out by term limits, both Democrats and Republicans are busy scouring the state for new candidates.
In the House, 27 of the incumbents, or slightly more than half, are Republican. But in the Senate, eight of the 11 seats opened by Thursday's ruling are held by Republicans.
"There will be some political disadvantage to the Republicans," conceded Senate Republican leader Jack Latvala of Palm Harbor. "I think that our numbers in the Senate could drop by one or two seats as a result of it."
But some Democrats aren't so sure.
"I don't know whether it helps or hurts," Florida Democratic Party Chairman CharlesWhitehead said. "You have an awful lot of good people who were able to raise money who won't be able to be candidates. That gives a lot of new people a shot because they won't be running against incumbents. It opens the field up."
Florida Republican Party Chairman Al Cardenas pointed out that not all of the seats are up for grabs. He estimates that 20 of the 53 open House seats and seven of the 11 open Senate seats are close enough in party registration for both Democrats and Republicans to have a shot. He said those are the seats where the political parties focus on recruiting candidates.
"In those seats that are competitive, you don't want to leave it to nature," Cardenas said.
Some lawmakers hope to figure out a way around term limits. Sen. W.D. Childers, R-Pensacola, is running as a write-in candidate. That's fine, because term limits only prohibit a candidate from appearing on the ballot after serving eight years in office.
Meanwhile, some say the next step in litigation will be how to define an "office." For instance, if a lawmaker's district changes because of reapportionment, is that a new office? How about if a House member moves to a new district and wants to run again?
"That'll be the next question that the courts are called upon to decide," Latvala said.
Villalobos, a supporter of term limits, agreed: "If you ask me, this is a big mess."
The court decision also guarantees regular turnover on the state Cabinet, which will shrink from six offices to three after the 2002 election because of a constitutional amendment approved last year.
Until recent years, Cabinet members often remained in office until they voluntarily retired or died. Nathan Mayo was agriculture commissioner for 37 years; Doyle Conner held the same job for three decades.
Now Attorney General Bob Butterworth and Agriculture Commissioner Bob Crawford will be unable to run for re-election in 2002 because of term limits.
Secretary of State Katherine Harris' job, as well as the education commissioner's, will become appointed positions after 2002. Comptroller Bob Milligan is not expected to seek the new Cabinet position of state fiscal officer, which will combine the positions of comptroller and treasurer.
-- Times staff writer David Karp contributed to this report.