Constitution Revision Panel Elimination Teed Up in Senate
The Constitution Revision Commission controversy focused on decisions such as combining a ban on offshore oil drilling and a ban on workplace vaping in a single constitutional amendment.
April 11, 2019 at 11:55 AM
4 minute read
A move to end the Florida Constitution Revision Commission is ready to go to the Senate floor after a controversy last year about the powerful panel tying together unrelated issues in proposed constitutional amendments.
The commission put seven amendments on the November ballot, all of which were approved by voters. But the controversy focused on decisions such as combining a ban on offshore oil drilling and a ban on workplace vaping in a single constitutional amendment.
The Senate Rules Committee on Wednesday approved a proposal (SJR 362) that would ask voters in 2020 to eliminate the commission, which meets every 20 years to consider changes to the state Constitution.
The full Senate has already unanimously approved a separate proposal (SJR 74) that would create a single-subject requirement for amendments placed on the ballot in the future by the commission. As with the effort to abolish the commission, the single-subject requirement would require voter approval because it involves changing the Constitution.
Sen. David Simmons, R-Altamonte Springs, said Wednesday he voted to support the elimination proposal, sponsored by Sen. Jeff Brandes, R-St. Petersburg, to continue the debate on the role of the commission.
“I think it can be saved, but I think that we need to add more than a simple rule that there is no bundling [of issues in single amendments],” Simmons said.
Sen. Tom Lee, a Thonotosassa Republican who was a member of last year's Constitution Revision Commission, voted against the elimination proposal, calling it an “overreaction.”
Lee suggested reducing the scope and role of the commission to only dealing with structural elements of government already embedded in the Constitution.
A similar proposal (HJR 249), sponsored by Rep. Brad Drake, R-Eucheeanna, awaits a hearing on the House floor.
Last year's commission, whose members were largely appointed by former Gov. Rick Scott and Republican legislative leaders, has drawn fire for the topics it addressed, which, along with vaping and oil drilling, ranged from ending greyhound racing to strengthening lobbying restrictions.
Brandes warned of potential abuses in the process and a limited accountability of appointees. Proposed constitutional amendments also can be put on the ballot through avenues such as citizens' initiatives and legislative decisions.
“I have grave concerns about the overall [Constitution Revision Commission] process,” Brandes said. “I think the process we have of citizens' petitions and moving dry resolutions through the Legislature is sufficient and provides ample access to the citizens of the state of Florida.”
Backers of the proposal also say the commission engaged in policymaking rather than offering technical changes to the Constitution, as they contend was intended when the commission was created by voters in 1968.
Rich Templin, a lobbyist for the Florida AFL-CIO, said legislators should focus on reforming the commission rather than eliminating it.
“The CRC established its own rules, which were sketchy at best, and then refused to follow them,” Templin said.
In all, the commission put five constitutional amendments on the ballot that bundled multiple issues. Critics say voters could have had differing opinions on issues in the same ballot proposal.
The controversy about the Constitution Revision Commission also has led to a debate about the state Taxation and Budget Reform Commission, which meets every 20 years and considers constitutional changes.
A separate proposal (SJR 690) to limit that commission to single-subject amendments has reached the Senate floor.
The House version of the single-subject proposal (HJR 53) includes both commissions. It has cleared two House committees without opposition and awaits a hearing in the Judiciary Committee.
Jim Turner reports for the News Service of Florida.
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