Is Florida's constitution being overrun by citizen-based proposals?

Monday, October 23, 2006

TALLAHASSEE — Voters on Nov. 7 will be asked to restrict their own ability to change the state constitution under a measure that would require future citizen-based proposals to receive 60 percent of the vote.

With paid pollsters ready to take on any cause, present access is threatening to clog the constitution with marginal issues. In low turn-out elections, those marginal amendments are being approved by a very small percentage of voters.

"People know that the Florida constitution is for sale," said Mark Wilson, chairman of Protect our Constitution, which has raised more than $2 million to promote passage of the amendment.

Opponents say the pregnant pig argument is a red herring. Of the nearly 120 constitutional amendments passed since 1968, only 27 have come from citizen groups. Either the Legislature or a constitutional revision commission has provided the rest.

Hypothetically, had the provision been in place, successful initiatives establishing universal pre-kindergarten programs, Everglades cleanup and the popular Save Our Homes cap on property tax assessments would not be the law of the land.

The amendment has split parties and traditional allies. Supporters include Gov. Jeb Bush and a majority of state lawmakers, who approved the proposed amendment in 2005 on votes of 86-30 in the House and 37-3 in the Senate.

Opponents include the Sierra Club and Florida4marriage.org, which are mounting a statewide petition drive to ban same-sex marriage. Gubernatorial candidates Republican Charlie Crist and Democrat Jim Davis — also oppose the measure.

Led by the Florida Chamber of Commerce, Protect our Constitution's financial base is a Who's Who of developers, utilities, agriculture and business interests. Six-figure donors include the National Association of Homebuilders and the Florida Association of Realtors. Collier Enterprises and related companies have given at least $95,000 for the cause.

Critics say the donor list speaks for itself. Stung by recent ballot defeats on minimum wage and class-size reduction while facing a potential battle in 2008 over increased resident input on growth management decisions, the groups are trying to reassert their control.

Backers respond that popular ideas will continue to be added to the constitution, it will just take more effort by those advocating change.

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