Although this might be news to certain groups in the legislature, Florida does have a modern constitution. It was completely redone in 1968 to produce the 6th constitution for the state. However, it seems like the current legislature has gone back in time - way back in time - to embrace the 5th constitution, passed in 1885, which embraced the beginning of what would be called the “Jim Crow” era, legalizing voter suppression. It was also the 1885 constitution that decided local governments should apply to the legislature for anything but the most routine needs.
Amazingly, it took over 80 years for Florida to realize that a new constitution might be useful in a state whose population had increased dramatically due to the 1920s land rush (and bust), the post-WWII and Korean War booms, and the beginning of the Space Race with the Soviet Union. Though Florida voters finally approved a new constitution in 1968, our legislature often ignores those changes and the amendments since passed by the voters.
This year the legislature is ignoring Article I, Section 5 of our Constitution, which states: “Right to assemble.—The people shall have the right peaceably to assemble, to instruct their representatives, and to petition for redress of grievances.” Passage of HB 1 has trampled on this basic right and muddied interpretation of other “Declaration of Rights” granted under Article I.
In 2018, almost 65% of the voters approved Amendment 4, which amended Article VI, Section 4 to read, in part, that “any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation.” While upwards of 20% of the adult African American population should have been able to register to vote in Florida, we all know what happened next. The legislature decided the Constitutional Amendment was not self-executing and passed SB 7066 to “redefine” this amendment, making it difficult for past felons to determine if they were indeed eligible to register to vote. This is voter suppression – again!
A very important part of the 1968 Florida Constitution deals with local governments in Article VIII, Section 1(g): “Charter Government. Counties operating under county charters shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law.”
Broward is a charter county. Think of a county charter as a county constitution. It had to be approved by voters, which was done in 1974, and changes are made by voting for charter amendments, as we did in November 2020. Twenty counties in Florida are charter counties. “According to several Florida constitutional scholars, the establishment of charter government was designed to remove the resolution of local problems from the state legislature's busy agenda and to grant the county electorate greater control over their regional affairs.” This is often referred to as home rule. However, in the past few decades, the Florida legislature has continued to pass laws that prevent charter counties from governing in a manner that is best for local communities. This is referred to as preemption.
We have seen preemption in action by the inability of counties to ban plastic bags (Fl. Stat. 403.7033) or regulate firearms [Fl. Stat. 790.33(1)]. Now the legislature wants to limit the authority of local governments to work toward renewable energy. SB 856 could tie the hands of local governments to support renewable energy and reduce the use of fossil fuels. SB 1128 would prohibit local governments from enacting or enforcing any resolutions, ordinances, rules, codes, or policies that move local governments away from fossil fuels. Both bills are retroactive. At a time when it is obvious that climate change is affecting Florida, why is the legislature intent on preventing counties from doing what is best to mitigate sea-level rise?
During a recent LWVFL Zoom meeting someone placed this statement in the chat box: Turn frustration into positive action! This should be our motto going forward!