ConstitutionFLORIDA Revision Commission

Issue 7 March/April 1998 MESSAGE FROM THE CHAIRMAN Revision Throughout the and the cabinet serve our citizens. Our Constitution Revision current system in which the governor Watch Commission process essentially has only a lone vote along I have attempted to with the six statewide elected officials A look at the monthly highlights remain as neutral as on the cabinet is unique. It is also and happenings for the Constitution Dexter Douglass possible on most antiquated and ineffective. Revision Commission issues. But when it Thanks to the hard work of Commissioner COMMISSION MEMBERS: comes to Cabinet Reform, I feel compelled Jacinta Mathis and the Executive Dexter Douglass, Chairman to join the fray and lend my support. Committee chaired by Carlos Alfonso, the Carlos J. Alfonso It is past time for the State of Clarence E. Anthony to change the way in which our governor Antonio L. Argiz CONTINUED ON PAGE 4 Thomas H. Barkdull, Jr. Martha Walters Barnett Pat Barton Robert M. Brochin COMMISSION SENDS NINE AMENDMENTS TO BALLOT Robert A. Butterworth Kenneth L. Connor lorida’s Constitution Revision ■ The state could continue to sell bonds Chris Corr FCommission has whittled more than to raise money for environmental lands. Ander Crenshaw 500 proposals down to 33 that will go ■ The Game and Fresh Water Fish Valerie W. Evans on the November ballot in the form of Commission and the Marine Fisheries Marilyn Evans-Jones Barbara Williams Ford-Coates nine amendments. Commission would be merged. Ellen Catsman Freidin Included in those amendments to the Education Paul M. Hawkes state constitution are a wide array of ■ The state would be directed to provide William Clay Henderson proposals dealing with personal rights, an “efficient, safe, secure and high Toni Jennings gun control, elections, the environment, Gerald Kogan quality system of education.” education and cabinet reform. Richard Langley ■ Educating children would be described John F. Lowndes The proposed amendments will be as “a paramount duty of the state.” J. Stanley Marshall presented to the Secretary of State on Jacinta Mathis May 5 for placement on the Nov. 3 ballot. CONTINUED ON PAGE 6 Jon Mills “We’ve had a great day,” said Constitution Frank Morsani Revision Commission Chairman Dexter Robert Lowry Nabors Carlos Planas Douglass following the March 23 meeting Judith Byrne Riley in Tallahassee. “Most of us should be Katherine Fernandez Rundle very happy for the quality of work that In This Issue James A. Scott we’ve done.” H. T. Smith Following is a summary of the nine Commissioners Profiles ...... 2 Alan C. Sundberg Equal Rights for Women ...... 3 James Harold Thompson proposed amendments that will appear Paul West on the November ballot: Revision Snapshot ...... 4 Gerald T. Wetherington Environment Message from Chairman cont ...... 4 Stephen Neal Zack Final Proposals ...... 5-6 ■ State policy to protect natural resources Commission Approves cont...... 6 Alternates: and scenic beauty would be expanded In the News ...... 7 Ira H. Leesfield to call for “the conservation and Lyra Blizzard Logan Important Dates ...... 8 protection of natural resources.”

FLORIDA’S CONSTITUTION REVISION COMMISSION 1 CMEMBER O N S T I T U T I O N R E V IPROFILES S I O N C O M M I S S I O N ALAN C. SUNDBERG PAUL WEST STEPHEN NEAL ZACK Appointed By: Chief Justice Appointed By: Speaker Appointed By: Governor Occupation: General Counsel, Occupation: President, Occupation: Attorney, Zack Florida State University Freedom Industries, Inc. Sparber Kosnitzky Spratt & Birth Date and Place: June 23, Birth Date and Place: Brooks, P.A. 1933, Jacksonville December 10, 1951, Birth Date and Place: Dec. 2, Education: LLB from Harvard Fort Campbell, KY 1947, Detroit, MI University, 1958 Education: BS from American Education: JD from University Personal: Spouse, Betty Steffens; Children, Allison Christian College, 1974 of Florida, 1971 Lane, Angela Estes, Laura, Alan Jr., William Personal: Spouse, Anne Personal: Children, Jason, Tracey Public Service: Florida Sentencing Guidelines Address: 6500 S.W. 41st Court Public Service: United Way; Ounce of Prevention; Commission; Committee on Rules of Practice and Davie, FL 33314 President of Florida Bar; Law Procedure of the Judicial Conference of the United Telephone: 954/316-5888 School, trustee; Orange Bowl Committee; Entertainment States; Committee on Lawyer Qualification and Fax: 954/316-1128 Commission; Ethics Commission, chairman; Conduct U.S. Court of Appeals, 11th Circuit; Florida E-Mail: [email protected] Counsel, Gov. Bob Graham Bench/Bar Commission, chairman; Governor’s Address: 100 S.E. 2nd Street Property Rights Study Commission II, chairman; Suite 2800 NationsBank Tower Floridians Against Constitutional Tampering, GERALD T. Miami, FL 33131 chairman; Special Commission on Contingency WETHERINGTON Telephone: 305/539-8400 Fees; Alternate Dispute Resolution Commission Appointed By: Chief Justice Fax: 305/539-1307 Address: Office of the President Occupation: Former chief Florida State University judge, Dade County 211 Westcott Birth Date and Place: July PAT BARTON Tallahassee, FL 32306-1037 14, 1937, Adel, GA Alternate: June 1997- Telephone: 850/644-3300 Education: JD from Duke December 1997 Fax: 850/644-9936 University, 1963 Commissioner: January 1998- E-Mail: [email protected] Public Service: 11th Circuit Court, chief judge, Appointed By: President 1981-91; 11th Judicial Circuit Master Plan Occupation: Retired Realtor - JAMES HAROLD Committee, chairman; Florida Supreme Court associate, drug-prevention THOMPSON Committee on Standard Jury Instructions; Florida and education consultant Supreme Court Committee on Judicial records, Birth Date and Place: July 10, 1940, Evanston, IL Appointed By: Governor chairman; Florida 2nd and 4th District Courts of Education: FSU and Auburn University Occupation: Attorney, Ausley Appeal, associate judge pro tempore; Miami Beach Personal: Spouse, William; Children, Bret, Tracy & McMullen City Manager selection committee Lyons, Berne, five grandchildren Birth date and place: Address: 1215 Alfonso Ave. Public service: Health and Human Services, board November 18, 1944, Mobile, AL Coral Gables, FL 33146 member and past chairman (District 8); District 8 Education: JD from Florida Telephone: 305/374-0650 Juvenile Justice Board, vice chairman; Florida State University, 1969 Fax: 305/374-4933 Health and Human Services, former board member Personal: Spouse, Carolyn; Children, Jason, James, and chairman; Republican Party of Florida, public Lee Anne relations chairman, 1987-91; Naples Informed Public Service: Florida House of Representatives, Parents, founding member, 1978; Florida Republican 1974-86; Speaker of the House, 1985-86; Women, 1985-89, president; YMCA of Collier Governor’s Environmental Land Management Study County, board of directors officer, 1971-78 Commission, chairman, 1992-93; Florida Power Address: 605 Palm Circle East Plant Siting Act task force, vice chairman Address: 227 S. Calhoun St. Naples, FL 34102 Tallahassee, FL 32302 Each issue will highlight six Telephone: 941/262-5648 Telephone: 850/224-9115 members of the Constitution Fax: 941/262-5648 Fax: 850/222-7560 Revision Commission E-Mail: [email protected] 2 FLORIDA’S CONSTITUTION REVISION COMMISSION A CALLING FOR EQUAL RIGHTS FOR WOMEN

t was not that long ago that women in — is a matter of emphasis, and a matter Ithe state of Florida and across the of explicit recognition of equality. country did not have the right to vote. It Traditionally, if we did not have the also was not that long ago that women historical basis for male supremacy in in our state did not have the right to our society, we probably wouldn’t be equal pay, did not have the right to own dealing with this issue today. If women property, and did not have many other always had been allowed to vote, always rights that men have always enjoyed. had been allowed to make decisions for Historically, women have lived in an themselves and always had equal inferior social, economic and political opportunities in employment, this position. additional clause would not be necessary. If you read the Constitution of the state In seeking to assure that this of Florida, you see that there is no amendment did not create a right to express mention of the rights of women. same-sex marriages, the Constitution The rights of men have traditionally Revision Commission’s Style and Drafting derived from our Constitution. In fact, it Committee employed the help of Ann once said that “all men” (not “men and By Ellen Freidin McGinley, a professor for the Florida women” or “all people”) are equal before State University College of Law. the law. The only rights of women “From my research it appears expressly stated in our state are those extremely unlikely that adding sex to mentioned in the statutes. along with all eight others. But we have the list of enumerated protected classes It is past time for the state of Florida come a long way in those 20 years, and would result in same sex marriage in to explicitly recognize in its Constitution I can’t imagine any controversy today Florida,” McGinley reported to the Style the equal rights of women, to protect about assuring equal rights for women and Drafting Committee. “Almost half of and cultivate the equality of women and and men. the states’ Constitutions have equal rights to require equal obligations and Women in our state have made provisions, and only Hawaii has responsibilities of all citizens. This is a progress in the last 20 years, but remain interpreted its equal rights provisions to historic opportunity to begin the process far from equal footing with men. Women permit same sex marriage. The Hawaii to establish the constitutional rights of still are earning 72 cents for every dollar case is an aberration.” women. that men earn. Women are not adequately Just as this amendment is not crafted The Constitution Revision Commission represented in leadership positions, in to create a right to same sex marriages, has agreed, and will give citizens of both private and public entities. Women it also is not intended to simply add mere Florida the chance on Nov. 3 to ensure are not found in adequate numbers in verbosity to our state’s most sacred that females and males alike are equal upper management of corporations, in document. The Constitution Revision before the law. If Revision 5 on the boardrooms and in law firm partnerships. Commission recognized its importance November ballot is approved, Article I, There also is a proliferation of sexual that in approving the amendment by a Section 2 of the Constitution will read: harassment and domestic violence 27-7 vote. “All natural persons, female and male against women. That vote made a clear statement that alike, are equal before the law and have There are, of course, a couple of the Constitution should expressly create inalienable rights, among which are the common arguments against such an equality for women and men in Florida. right to enjoy and defend life and liberty, amendment. Commissioner Dick Langley There is some legislation that protects to pursue happiness, to be rewarded for has said that equality for women is women in our state, but that legislation industry, and to acquire, possess and covered in the Constitution by the words is not sufficient. It is not secure. We don’t protect property.” “all natural persons.” Also, Commissioner know that it won’t be changed some day. Florida then will join 17 other states Ken Connor has argued that the Equality for women is a constitutional in putting equal rights amendments in amendment could pave the way for the concept whose time has come. It is time their Constitutions. legalization and authorization of same- for us to recognize the need for this state The Constitution Revision Commission sex marriages. to protect and cultivate equality for 20 years ago thought such an amend- My response to the former argument women and men, and to require equal ment was a sound idea. For various is that the additional language in the obligations and responsibilities to all of reasons voters rejected that amendment, constitution — “female and male alike” our citizens. FLORIDA’S CONSTITUTION REVISION COMMISSION 3 MESSAGE FROM THE CHAIRMAN CONTINUED FROM PAGE 1 REVISION SNAPSHOT

Constitution Revision Commission every former governor, believe this drafted a proposal that will appear on reform is many years overdue. Understand the ballot for public approval in that the current cabinet system was November. The proposal combines the established in the Constitution of 1885 best of many, many suggestions to bring when resurgent whites wanted powers Florida’s executive branch into the 21st divided among seven elected officials. century, replacing the system that They were still recovering from brought it into the 20th century. It Reconstruction when Florida’s post-Civil answers the call for less government with War governors appointed everyone to more accountability, a theme championed all offices. by both major political parties. When former Governor Reubin Askew Essentially, the proposal (Committee addressed the Constitution Revision Substitute for 159, 163 and 182) calls for Commission last summer, he spoke to the following: the proposed cabinet reform. ■ It would decrease the size of the “The Governor is still the one that cabinet to include only the attorney has the forum and is the only one that, general, commissioner of agriculture and in effect, can challenge the people,” a chief financial officer, who would be Askew said. “If you really want to have given the duties of the comptroller and a governor lead and not just respond to Jackson Morton the treasurer. In the case of a tie vote, what the polls say, frankly, you need to A member of Florida’s first the governor’s vote would prevail. give the governor the authority of the Constitution Convention. Morton ■ The State Board of Education, which office and then I think you will find it represented Escambia County. better than it is now. . . . currently is comprised of the governor (Source: Secession Convention, and cabinet, would be a body appointed “Why are we fearful of giving photo of 1861) by the governor. That board would authority to the governor when the appoint the Commissioner of Education. Constitution starts off by saying the ■ Other offices would be dealt with by supreme power is in the governor? Well, when the current cabinet system was the Legislature. it goes downhill after that.” established. It also is the proper time for Most importantly, the proposal would Former Governor Claude Kirk was cabinet reform because term limits stabilize the administration and its affects even more emphatic. prevent those now in the cabinet from on education by not only creating a State “No unaccountable cabinet can lead running for re-election in 2002. That’s Board of Education with an appointed to or even toward any of the freedoms when the proposal would go into effect. commissioner, but also by pinpointing that we pay for everyday. Convince “The stars are in the right place if the governor as being directly responsible yourselves and then convince our old you’re ever going to do this, because all for the progress of education in the state. fainthearted of the state, as well as the the incumbents are not going to be Under this system, when a governor runs new and confused folks of Florida to affected simply because of term limits,” a campaign as the “Education Governor” make the governor the governor. said Democratic Insurance Commissioner there actually will be some accountability Demand a leader to lead.” , who last fall joined with to his or her claims. Under the current Support for this proposal extends Republican Comptroller Bob Milligan in system, the governor has no more control beyond state government. Every one of support of cabinet reform. over the state education system than any our public hearings featured numerous That wasn’t the case in 1978 when all of the six cabinet members. speakers who said cabinet reform was cabinet officers stood united against any All other facets of state government necessary. Groups such as the Florida reform and helped sway public opinion are burdened by the same dilution of League of Women Voters and Common with massive financial support from their power. It has become abundantly clear Cause have thrown their support behind constituencies. that Florida does not need seven people the reform. And the Constitution Revision This time around there are many more with power nearly equal to the governor’s. Commission appears to have endorsed compelling reasons that change is Under this system, the governor is really the idea. In its last vote, the Commission needed. In fact, the need to restore not held accountable in the executive voted 24-7 to move the proposal forward. accountability in government is greater branch. The timing is right not just because than ever, and cabinet reform is an That’s why most supporters, including Florida is no longer the same state it was excellent start toward that end. 4 FLORIDA’S CONSTITUTION REVISION COMMISSION FINAL AMENDMENTS TO THE CONSTITUTION OF THE STATE OF FLORIDA

Mark a Cross (X) in the blank space at the REVISION 3 REVISION 5 right FOR the Amendment or AGAINST the Amendment. Article V, ss. 10, 11(a)-(b), 12(a), (f), 14; Article IV, s. 5(a); Article VI, ss. 1, 2, 5, 7; Article XII, s. 22 Article IX, s. 4(a) SELECTION OF JUDGES AND FUNDING REVISION 1 BALLOT ACCESS, PUBLIC CAMPAIGN OF STATE COURTS FINANCING, AND ELECTION PROCESS Article II, s. 7(a); Article IV, s. 9; Provides for future local elections to either REVISIONS Article VII, s. 11 (e)-(f); retain current election of circuit and county Provides that requirements for indepen- Article X, s. 18; Article XII, s. 22 judges or to choose merit selection by dents and minor party candidates cannot CONSERVATION OF NATURAL RE- appointment and retention by vote to retain be greater than those for majority party SOURCES AND CREATION OF FISH or not; provides for election procedure for candidates; allows all registered voters, AND WILDLIFE CONSERVATION subsequent changes to selection of judges; regardless of party, to vote in any party’s COMMISSION increases county judges’ terms to six years; primary election where the winner will corrects judicial qualifications commission have no general election opposition; Requires adequate provision for con- term of office; allocates state court system provides public financing of campaigns servation of natural resources; creates funding among state, counties, and users for statewide candidates who agree to Fish and Wildlife Conservation Commission of the courts. campaign spending limits; permits granting it the regulatory and executive candidates for governor to run in primary powers of Game and Fresh Water Fish FOR elections without lieutenant governor; Commission and of Marine Fisheries AGAINST makes school board election nonpartisan; Commission; removes exclusive legislative corrects voting age. authority to regulate marine life and REVISION 4 grants certain powers to new commission; FOR authorizes revenue bonds to finance Article II, s. 8(h), Article III ss. 8(b), 16(b) AGAINST acquisition and improvement of lands for and (f), 19(f), Article IV, ss. 3(b), 4, 7(a), and 8, Article VIII, s. 1(I), Article IX, s. 2, conservation, outdoor recreation, and REVISION 6 related purposes; restricts disposition of Article XI, ss. 2(c), 3, 4, 5(a), and 6(e), state lands designated for conservation and Article XII, s. 9(c), Fla. Const. and Article VII, s. 3, Article VIII, s. 7 purposes. create s. 22, Article XII, Fla. Const.; LOCAL AND MUNICIPAL PROPERTY providing for membership of the Florida TAX EXEMPTIONS AND CITIZEN FOR Cabinet. ACCESS TO LOCAL OFFICIALS AGAINST RESTRUCTURING THE STATE CABINET Broadens tax exemption for govern- Restructures elected cabinet membership mental uses of municipal property; REVISION 2 as attorney general, agriculture commission, authorizes legislature to exempt certain chief financial officer; eliminates offices municipal and special district property Article IX, s. 1 of elected secretary of state, comptroller, used for airport, seaport, or public PUBLIC EDUCATION OF CHILDREN treasurer, and education commissioner; purposes; permits local option tax combines duties of comptroller and Declares the education of children to be exemption for property used for treasurer into new chief financial officer; conservation purposes; permits local a fundamental value of the people of in voting ties, governor prevails; changes option tangible personal property tax Florida; establishes adequate provision state board of education from governor exemption for attachments to mobile for education as a paramount duty of and cabinet to board appointed by homes and certain residential rental the state; and provides for the adequate governor, which appoints education furnishings; and allows citizens to talk provision for a uniform system of free commissioner; defines state board of with local government officials about public education as an efficient, safe, administration, trustees of internal matters which are the subject of public secure, and high quality system. improvement trust fund, and land hearings. acquisition trust fund. FOR FOR AGAINST FOR AGAINST AGAINST

FLORIDA’S CONSTITUTION REVISION COMMISSION 5 CONTINUED FROM PREVIOUS PAGE REVISION 8 20(c)(6) and (9), 20(d)(8), 20(e)(1); Article VII, s. 6(b); Article IX, s. 5; REVISION 7 Article I, s. 2 Article X, ss. 3 and 4(a); Article VIII, s. 5 BASIC RIGHTS Article XI, ss. 2 and 6 FIREARMS PURCHASES: LOCAL OPTION States that females and males alike are CLARIFYING, CONFORMING, COR- FOR WAITING PERIOD AND CRIMINAL equal before the law and that no person RECTING, AND TECHNICAL REVISIONS RECORDS CHECK shall be deprived of any right because Removes gender-specific references; Authorizes each county the option of of national origin; and changes “physical allows courts martial to impose prison requiring a criminal history records check handicap” to “physical disability” as a sentences; moves ethics code provision; and waiting period of 3 to 5 days in reason persons are protected from being specifies time for veto message connection with the “sale” of any firearm; deprived of any right. consideration; clarifies legislature gives officials general appropriations bills 72 defines “sale” as the transfer of money FOR or other valuable consideration for a hours before final passage; allows direct AGAINST firearm where any part of the transaction appeal of courts martial to specified state occurs on property open to public court and advisory opinions from federal military courts; requires earlier constitution access; does not apply to holders of a REVISION 9 revision commission appointments; concealed weapons permit when changes tax and budget reform commission purchasing a firearm. Article I, ss. 4, 16(a), 18, 23; Article II, ss. 5(b), 8(g)-(I); voting procedures and meetings from FOR Article III, ss. 3(f), 8(a)-(b), 17(b)-(c), 18, 19(d); every 10 to every 20 years. Article IV, ss. 1(a) and (c), 2, 3(b), 4(e), 7(a); AGAINST FOR Article V, ss. 1, 2(a) and (b), 3(a), 8, 10(a), 11(c), 17, 18, AGAINST

CITIZEN’S GUIDE COMMISSION SENDS NINE AMENDMENTS TO BALLOT CONT FROM PG 1 The Collins Center for Public Policy has Courts Elections published a guide relating to the ■ Citizens could vote to have trial judges ■ The state would be required to have Constitution revision process. The guide in their judicial circuit be appointed public campaign financing. is published on the Commission’s by the governor rather than elected. ■ The state would be barred from homepage or is available from the ■ The cost of Florida’s $1 billion-plus making it difficult for minor parties, Collins Center at 850/ 644-1441. court system would be split differently such as the Libertarian Party and the ON THE NET: COMMISSION between state and county taxpayers. Reform Party, to get their candidates IN CYBERSPACE Cabinet Reform on the ballot. ■ We are pleased that the web page has ■ The independently elected Cabinet Primary elections would be opened to all voters if the candidate in that been so widely utilized would shrink from six officials to (approximately 15,000 three: the attorney general, the party faces no opposition in the general election. visitors since October agricultural commissioner and the 1996) and we hope to ■ All school districts could decide to chief fiscal officer, which would continue to add features combine the current positions of make elections for school boards non- partisan. that are of use to the public. treasurer and comptroller. New to the Internet homepage: Gun Control Basic Rights ■ Meeting Summaries ■ ■ The guarantee of equality given to all Counties could increase the statewide ■ High School Lesson Plan natural persons would be expanded to three-day waiting period for handgun ■ Public Proposals spell out “all natural persons, female purchases another two days and ■ Commission Members and male alike.” extend it to all firearm purchases. ■ Student Materials ■ National origin would join race, Counties could also extend gun religion and physical handicap as the control regulations to gun shows, THE COMMISSION CAN BE list of groups that are specifically which are exempt under state law. REACHED BY: protected from discrimination. Technical Revisions Mail: Billy Buzzett Taxes ■ A tax and budget reform commission Executive Director ■ Local governments could give property would be retained but meet every 20 B-11, The Historic Capitol owners tax breaks for conservation years rather than every 10 years, and Tallahassee, Florida 32399-1300 purposes. give it the power to put amendments Telephone: (850) 413-7740 ■ Local governments could approve on the ballot by a super-majority vote. Fax: (850) 413-7728 exemptions for tangible property tax ■ The Constitution would be revised by Internet: http://www.law.fsu.edu/crc on mobile home attachments. adopting gender-neutral language. 6 FLORIDA’S CONSTITUTION REVISION COMMISSION In theory, citizen initiative can for all guns purchased on public property, where CONSTITUTION REVISION COMMISSION be a powerful tool to let voters most gun shows take place. jump-start government reforms, CRC members should support this important IN THE a healthy safety valve for public proposal and let the people of Florida decide what dissent and a check and balance is best for their own communities. on unresponsive lawmakers. In James Brady NEWS... practice, the process, is Handgun Control, Inc. overused, corrupted and lacks For the Florida Times Union adequate safeguards. February 4, 1998 Commission members should remember their opposition and adopt When I spoke with (Marion) Hammer she said carefully crafted citizen initiative her members have been in a fury since the reforms before they make their final Constitution Revision Commission earlier had voted recommendations on May 5. over-whelmingly to recommend an amendment that Whatever the commission does, strikes terror into the hearts of many gun-owners. lawmakers should agree to print That provision, which would have to be brochures at state expense to explain approved in final form later this month before being abinet reform is an important revision on the and discuss pros, cons, costs and other impacts of submitted to voters this November, would empower CConstitution Revision Commission’s plate. proposed amendments place on the ballot by any local governments to go beyond state law in Florida’s elected Cabinet is a relic of a time when means. Uninformed voters cannot cast meaningful adopting gun controls, although gun ownership executive authority was limited and the citizen ballots. couldn’t be banned. It would effectively nullify an Legislature was expected to hold the balance of NRA-backed law rammed through the Florida Orlando Sun-Sentinel power. That division of power is no longer viable. Legislature a decade ago that barred counties and February 15, 1998 A strong executive who has the tools to manage cities from being tougher on guns than the state as the complex administration of the state is the Seven years ago, Floridians voted over- a whole. modern model most states follow. Florida hasn’t whelmingly to require a waiting period and criminal To most of us, it may seem reasonable, even moved to that structure primarily because background check for handgun purchases. Today, laudable, to have a constitutional amendment powerful corporate interests covet their privileged guns are still being sold recklessly — without empowering the government closest to the people place at the table when they help elect such Cabinet background checks or waiting periods — on to determine the laws affecting those people. As members as the commissioners of banking, insurance property owned and maintained by taxpayers. In situations change from place to place, common and agriculture. civic centers, school gymnasiums, fairgrounds, sense suggests that laws should change too. However, this is the direction Florida should county convention centers and other public Clearly that seems the case with guns. Of the be moving. If we expect to hold our governor re- buildings throughout Florida, gun shows have 2,059 people killed by firearms in 1996, according sponsible for the management and administration become arms bazaars where guns are sold on a to the Florida Department of Health, 1,113 lived in of the state, we have to give him the power to direct its cash-and-carry, no-questions-asked basis. just seven of the state’s 67 counties. Of victims path. Criminals and the profitable companies that under the age of 24 killed that year, 81 percent The CRC has the opportunity to make some organize gun shows exploit a loophole in Florida’s lived in those seven urban counties. . . . needed fixes to our state structure. The CRC is gun laws, which allow private individuals to sell Number like that scare the gun lobby, which not an elective body and is not beholden to any handguns without a waiting period or background sees tougher laws as threats to the gun business special interest of constituency. That means it check on the purchaser. This lack of regulation (never mind the mayhem they cause to the should have built-in backbone to do what’s right as provides a haven for illegitimate gun dealers and community). opposed to what’s politically expedient. felons to conduct their unsavory and dangerous Which is why (National Rifle Association St. Petersburg Times business. . . . President) and all the forces that February 22, 1998 Unfortunately, local governments are currently the NRA and its allies can muster are gearing for powerless to protect communities from these gun political combat. If they can’t stop the proposed Florida’s Constitution Revision Commission flea markets. . . . amendment before the commission, she said her is wrongly closing its eyes and ears to essential The good news is that efforts are under way to organization is prepared to fight through the reforms that would give more “power to the empower local leaders to fight gun violence in their summer and into the fall to see it rejected on the people.” communities and help reduce illegal gun trafficking Nov. 3 ballot. Members unwisely decided (Feb. 11) not even out of state. Florida’s Constitution Revision Forget the governor’s race. to consider proposals to let voters write state laws Commission is considering a proposal by Metro- Says Hammer: “This could become the major as well as state constitutional amendments Dade State Attorney Katherine Rundle to return issue of the ’98 election. It will certainly draw a lot through the “citizen initiative” process. power to local governments. CRC 167 would allow of conservatives to the polls.” Those reforms are vital to stop misguided city and county officials to pass laws that cater to Tom Fiedler efforts to clog Florida’s Constitution with measures the needs of individual communities, including Miami Herald that rightly belong in state laws or regulations. . . requiring background checks and waiting periods February 15, 1998

FLORIDA’S CONSTITUTION REVISION COMMISSION 7 Constitution Revision Commission B-11, The Historic Capitol Tallahassee, Florida 32399-1300

IMPORTANT DATES TO REMEMBER

YEAR EVENT AUTHORITY

1998 May 5 Proposals transmitted to Secretary of State

November 3 Election Day

(Revision Watch is compiled by the Constitution Revision Commission. For more information, call 850/413-7740.)

8 FLORIDA’S CONSTITUTION REVISION COMMISSION