Pubdate: Sat, 22 Feb 2014
Source: Gainesville Sun, The (FL)
Copyright: 2014 The Gainesville Sun
Contact: http://drugsense.org/url/yMmn4Ifw
Website: http://www.gainesville.com/
Details: http://www.mapinc.org/media/163
Author: Lloyd Dunkelberger

POT INITIATIVE, OTHERS PROLIFERATE AS LEGISLATURE SIDESTEPS DECISIONS

TALLAHASSEE - State Sen. Jeff Clemens filed Florida's first medical 
marijuana bill while he was in the Florida House in 2011.

"It went nowhere," said Clemens, a Lake Worth Democrat. "It never 
received a hearing - and I received a lot of snickers and laughs."

For the next two years Clemens filed bills, including a comprehensive 
package in 2013 that also had a House sponsor. Clemens said the best 
he got was a discussion from Senate committee chairmen about holding 
a workshop on the bill.

Although Clemens has refiled a medical marijuana bill for the 2014 
session, the issue has been taken out of lawmakers' hands: Florida 
voters will decide the issue themselves in November as a 
constitutional amendment question placed on the ballot through a 
citizens' initiative.

The medical marijuana vote is only the latest example of how the 
Legislature's power - which is supreme in Tallahassee - is being 
sidestepped through the amendment process by the public or interest 
groups' frustration with state government's indifference or hostility 
toward their preferences.

Besides the medical marijuana initiative, voters also will consider a 
ballot measure earmarking state funding for conservation land 
purchases and other environmental programs. That movement stemmed 
from the Legislature's failure to fund Florida's publicly popular 
conservation land buying program for several years.

Despite the Legislature's efforts to make it harder to pass ballot 
initiatives - including raising the bar to a 60 percent approval vote 
- - the initiative end-runs underscore Tallahassee's misalignment with 
some popular causes and, perhaps, the GOP's tendency to marginalize 
Democrats in the Capitol.

In recent years the amendment process has resulted in a class-size 
measure, which was vigorously opposed by legislative leaders and 
then-Gov. Jeb Bush, in 2002, as well as a state minimum wage in 2004, 
which gives Florida a higher rate than the federal minimum wage.

A ban on public smoking, opposed by the tobacco lobby in Tallahassee, 
won approval in 2002. Animal rights activists won approval that year 
for an amendment banning the use of gestational crates for pigs.

Some lawmakers express frustration with the medical marijuana 
prospect or the idea that the constitution would dictate how some 
money is spent.

But others say lawmakers themselves are to blame.

"It causes the people to take issues into their own hands so that now 
we have things like pregnant pigs in the constitution when it should 
have been handled legislatively," Clemens said. "The same goes for 
medical marijuana. There's no reason why we couldn't have followed 
the lead of 20 other states and written good, quality legislation."

It hasn't always been Democrats and their allies using the initiative 
process to trump the GOP agenda.

In 1992 conservative groups successfully pushed a ballot initiative 
imposing term limits on a Legislature dominated by Democratic 
leaders, including some who had served decades.

Before that Gov. Reubin Askew went around the Democratic-led 
Legislature to win voter support for Florida's first corporate income 
tax in 1971 and a landmark financial disclosure measure in 1976.

Florida's citizens' initiatives pass at the rate of 80 percent, 
roughly double the national average of about 40 percent, said Daniel 
Smith, a University of Florida political scientist who studies the 
amendment process.

"These are things that pass easily, and it speaks volumes of the 
disjuncture between our representative government in Tallahassee and 
the median view of the public as expressed through these 
constitutional amendments that are put on the ballot," Smith said.

Smith said the citizens' initiatives should not be an automatic 
default when the Legislature fails to act. But he said the threat of 
an initiative - that Woodrow Wilson once called the "gun behind the 
door" - should be enough to curb the tendencies of the Legislature, 
although that has not always been the case in Florida.

"When the Legislature is so out of touch, fortunately we have a 
system where citizens can still petition and place amendments on the 
ballot," Smith said. "How many times does the Legislature have to be 
beaten over the head by successful constitutional amendments, I don't 
know. But it seems like they're willing to take those punishments."

Senate President Don Gaetz, R-Niceville, said he respects the 
initiative process.

"I see nothing wrong with consulting the people of Florida about what 
ought to be in their constitution," he said.

But Gaetz said the process has become dominated by well-financed 
interest groups that paid for the collection of nearly 700,000 
signatures to place a measure on the ballot. Through January, the 
medical marijuana initiative has spent $4.6 million on its amendment 
drive, while the environmental initiative has spent $2.7 million, 
according to state elections records.

"Here's where I think we've gone astray," Gaetz said. "If you have $6 
million you can get almost anything into the Florida Constitution, 
good or bad. I think that has polluted the original intent of having 
the constitution be amended by the voters."

But initiative supporters say the successful measures have broad 
appeal beyond the scope of any interest group. Besides, not all 
ballot initiatives have won popular support. In 1986, Florida voters 
resoundingly defeated a measure that would have allowed casinos in 
counties where voters agreed to the gambling by a local referendum.

They have also rejected amendments put on the ballot by state 
lawmakers. In 2012, voters defeated eight out of 11 ballot measures 
initiated by the Legislature, including an amendment that would have 
banned the federal government from requiring Floridians to buy health 
insurance and a measure adding restrictions to abortions.

Will Abberger, a spokesman for the Florida Water and Land Legacy 
initiative, said the proposal is a response to the lack of a 
long-term commitment from state lawmakers to dealing with issues like 
the decline of the state's springs and recent major pollution 
incidents in areas like the Indian River Lagoon, Caloosahatchee River 
and St. Lucie River.

"That's a lack of funding and commitment by the state over a number 
of years to address those problems and prevent those things from 
happening," Abberger said.

He said the amendment - which would dedicate roughly $10 billion of 
the state's tax on real estate transactions for the next 20 years - 
will provide consistent funding to improve water quality as well as 
revive the state's Florida Forever land-buying program.

Like prior conservation measures that have made the ballot, Abberger 
said the proposal will resonate across a wide range of Florida voters.

"Voters in Florida are very concerned about protecting the water 
quality of our rivers, lakes and streams, and about land 
conservation," Abberger said. "When Florida voters have had a chance 
to vote on funding for conservation they have overwhelmingly voted 
yes, and we believe that's what they're doing to do next November."

Clemens said the medical marijuana initiative also will have broad 
appeal, including support from many Republican voters as well as 
independent voters.

"This is not a whacky idea or some leftist plot," Clemens said. 
"Republicans in other states have taken up the banner on this issue 
and have talked about this as a personal freedom issue."

And while he would rather address the issue as a state law, Clemens 
said the reluctance of the legislative leadership to take up the 
issue has left supporters with no other choice but a ballot initiative.

"When your own government forces people to collect hundreds of 
thousands of signatures to change laws that don't make sense, it's a 
waste of resources and an abdication of our responsibility as a 
Legislature," he said.
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MAP posted-by: Jay Bergstrom