State and Local Reporter - 07/20/2006 (Plain Text Version)

Andrew Chaban, Chair
Lowell, Massachusetts

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In this issue:
State Spotlight on Immigration
U.S. Conference of Mayors Public/Private Partnership Awards
Issues Fund Deadline Approaching
NH: Statewide Residential Building Code Signed into Law
Insurance Provision Under Assault
Scholarships Now Available for the SLGA Conference
State and Local Government Affairs Meetings at Fall Board
2006 SLGA Conference: Early Bird Deadline August 4
Florida Gearing Up for Initiative Battles
League of Cities Survey: Federal Regulations & Security Still Concerns
Wisconsin Law Puts Needed Limits on Residential Impact Fees

Florida Gearing Up for Initiative Battles

In November, Florida voters will go to the polls to choose a new governor and consider six ballot initiatives that seek to amend the state’s constitution. One of those initiatives, Amendment 3, would require most state amendment proposals to be approved by at least 60 percent of the voters, rather than a simple majority. This initiative would not affect the current requirement that a proposed constitutional amendment imposing a new state tax or fee be approved by at least two-thirds of the voters.

Supporters of the proposed amendment argue that Florida’s constitution is too easy to amend, which has allowed out-of-state groups and special interests to bypass the legislature and abuse the initiative process. One amendment that political pundits commonly single out as an example of abuse is the pregnant pig initiative. In 2002, animal rights activists were successful in convincing voters to adopt an amendment prohibiting pregnant pigs from being confined in cages, crates, or other enclosures. With its passage, Florida became the first state to afford constitutional protections to pigs.

In addition, Amendment 3 supporters provide a number of examples of why they believe the Florida ballot process has been abused:

• Since 1968, Florida’s Constitution has been amended 103 times.
• The U.S. Constitution has been amended only 27 times in 217 years.
• A spot on Florida’s ballot can be purchased for $2 million and takes only 6 months of work.
• Nearly 50 amendments have been filed for the 2008 ballot.
• Only 10 of the 103 amendments have passed with the approval of the majority of registered voters.

Meanwhile, the Florida Supreme Court in June issued a ruling that would allow the “Florida Hometown Democracy” amendment to qualify for the 2008 ballot if supporters collect enough signatures. This no-growth amendment would require voter approval before city or county land use plans could be changed. It would effectively remove land use and planning decisions from local government and bring growth to a screeching halt.

Proponents of the initiative had sought to place it on the ballot in 2004, but the court turned back their efforts ruling that the measure contained misleading language. In its most recent opinion, the court held that the questionable language was removed from the revised initiative, and the amendment met the state’s single subject requirements.

For more information about Amendment 3, click here.