Florida voters asked to scrap one way to amend constitution

FILE - This July 22, 1997 photo shows Panel members reviewing the state constitution in Panama City, Fla. Florida voters are being asked to get rid of a commission that meets every 20 years to recommend changes to the state constitution, the only such panel among the U.S. states that can refer amendments directly to a statewide ballot. Opponents of Constitution Revision Commission maintain say it has gone beyond its original mandate and lacks accountability. (Vern Miller/News Herald via AP)

TALLAHASSEE, Fla. (AP) 鈥 Florida voters are deciding whether to get rid of a commission that meets every 20 years to recommend changes to the state constitution, the only such panel among the U.S. states that refers amendments directly to a statewide ballot.

Opponents of the Constitution Revision Commission say it has gone beyond its original mandate, lacks accountability and has become a venue for new statewide policy to be proposed to a group of temporary officials who 鈥 in contrast to the elected Legislature 鈥 are unelected appointees.

The commission isn鈥檛 the only way to refer state amendments to voters. The Legislature can do so, as can citizens through initiative petitions.

Still, some citizen groups don't want to lose the commission, which Common Cause Florida calls 鈥渁n important pathway Floridians have to change their state鈥檚 constitution." The group is urging voters to reject the measure in voting that started in Florida on Oct. 24 and culminates Nov. 8.

The commission was created in the late 1960s and met in 1977-78, 1997-98 and 2017-18. Its critics say it was only intended to propose clean-up language or delete obsolete provisions, though the constitution gives it broad authority to set its own rules, procedures and agenda.

The governor, Senate president, House speaker 鈥 who in some years can be all from the same political party 鈥 appoint 33 of the panel's members. The Supreme Court chief justice appoints three members, and the attorney general is an automatic appointee.

Critics say the panel's membership is politically driven and includes unaccountable bureaucrats, political donors and lobbyists.

鈥淚t鈥檚 run by people who follow no rules and who are not elected,鈥 said Republican Sen. Jeff Brandes, who sponsored the bill to put the measure on the ballot. 鈥淲hat we see is this body who, with one-party control of the Legislature and governor鈥檚 mansion, can effectively rewrite the constitution and I think that鈥檚 something both Republicans and Democrats should be concerned about.鈥

In the latest meeting, the commission placed seven proposed constitutional amendments on the 2018 ballot. Voters approved all seven. Some lawmakers complained that the commission had bundled different subjects into single proposed amendments. For example, one measure banned oil drilling in state waters and also barred vaping in places where smoking is banned.

In any case, the commission鈥檚 recommended ballot issues were overshadowed that year by a citizens' initiative measure to automatically restore voting rights for most felons who have completed their sentences, which also passed. to require that felons pay all fines, restitution and legal fees as part of their sentences to regain their right to vote.

It鈥檚 not the first time voters have been asked to abolish the commission. In 1980, voters rejected a similar ballot question, with 56.5% voting no and 43.5% voting yes. That鈥檚 when the governor鈥檚 office and Legislature were controlled by Democrats. They鈥檙e now controlled by Republicans.

Back in 1980 such ballot measures required a simple majority of yes votes to pass. However, they now require a higher hurdle, with approval by 60% of voters.

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