Groups say they'll fight to protect citizen initiatives By JACKIE HALLIFAX Associated Press Writer Last update: 30 March 2004

TALLAHASSEE -- Critics of proposals to make it harder for voters to change the Florida Constitution said Tuesday they'll fight to protect the citizen initiative process that brought class size reduction, a bullet train project and universal pre-kindergarten to the ballot -- and into law. The full Senate on Wednesday will consider proposals designed to prevent massive projects -- like class size and the bullet train, which could end up costing billions of dollars over a decade of implementation -- from getting approval so easily, measure some say will help ensure Florida's long-term fiscal health. A House committee will hear a companion proposal Thursday. Groups wanting to change the state constitution by petition drive currently must limit the scope of their proposal to a single subject, clearly explain it in a ballot title and summary, and collect about 500,000 validated signatures. Under the proposals, they'd also need a supermajority (60 percent) for passage and have their subject matter restricted to constitutional issues. "The legislators are not serious about reform," said Charlene Walker of the League of the Women Voters, one of numerous groups opposed to changing the petition-drive process. "This is an attack on voters." The cost of the class size reduction ballot proposal approved by voters in 2002 and the high-speed train project approved by voters in 2000 -- both ventures that were sparked by petition drives -- have fueled the push to change the process. Gov. Jeb Bush, a vocal opponent of both measures, is still working to repeal the train project but has, for now, backed off his efforts to repeal class size. Business groups, such as the Florida Chamber of Commerce, actively support the legislative proposals. Senate President Jim King, R-Jacksonville, said making constitutional change harder is a top priority. Nonetheless, several new petition drives -- such as one taking away land development decisions from county commissioners and giving them to voters, and another raising the minimum wage -- are still aimed at making the ballot this November. "Florida voters will never give up their right to use the initiative to check the politicians," said Rick Shepherd, a Palm Beach man who recently formed the Florida Initiative League, a group opposing proposed legislative changes. If the changes are approved by the Legislature, voters could consider them this August -- in time to affect initiatives pointed toward the November ballot. For passage, King would need 30 votes in the 40-seat Senate; he said Tuesday he believes he's got the necessary backing. But House leaders aren't jumping on the idea of changing the rules for petition drives now in the pipeline, said Speaker Johnnie Byrd, R-Plant City. The House position is to make changes apply to future initiatives. Florida is one of 24 states that give citizens an initiative process -- and the rules vary widely from state to state. However, most of those states let voters propose and pass statutes as well as changing the state constitution. Only Florida, Illinois and Mississippi do not have a statutory initiative. Ben Wilcox, Florida director of Common Cause, said his nonprofit watchdog group couldn't support any of the changes being considered without Florida setting up a way for voters to change statutes by initiative. "We need to have the right to make changes to laws," Shepherd said. "I guarantee you -- if this thing passes, no grass roots campaigns, no grass roots initiatives will get on the ballot." Rep. Joe Pickens, who is overseeing the issue in the House, said the key goal is to reserve the constitution for issues about basic rights or the fundamental structure of government. Pickens, R-Palatka, said none of the groups opposing the proposed changes to the process came to him to talk about their criticisms. Earlier this month, Sen. Rod Smith, D-Alachua and chair of a special committee that recommended the legislative changes, said many issues would probably be unaffected by the proposed restrictions. The new filters, he said, would probably remove items like the pregnant pig amendment from the ballot. The pregnant pig amendment, which was pushed by the Humane Society and other animal rights groups, bans the practice of confining pregnant pigs in crates too small for them to move or lie down. The practice is not common in Florida, yet made the 2002 ballot anyway and was passed by voters.