Sun Sentinel Broward Edition

Good news for schools, dogs, bad news for counties, courts

- Editorials are the opinion of the Sun Sentinel Editorial Board and written by one of its members or a designee. The Editorial Board consists of Editorial Page Editor Rosemary O'Hara, Andy Reid and Editor-in-Chief Julie Anderson.

The Florida Supreme Court got two right and two wrong when it decided last week which of four contested constituti­onal amendments should appear on the Nov. 6 ballot. Although a .500 average is good in baseball, it falls flat in something as serious as the foundation­s of Florida’s government. In these cases, the Constituti­on Revision Commission snuck a couple of fast curves past the justices. Here’s hoping the voters will be more alert.

The court was emphatical­ly correct in keeping Amendment 8, a battering ram for charter schools, off the ballot. The title failed to fairly inform voters what was at stake. That was the crux of Tallahasse­e Circuit Judge John Cooper’s order to remove the amendment from the ballot. Although the revision commission’s debate had focused on charter schools, they went unmentione­d in the ballot language—the only explanatio­n voters would see. They would have been left to figure out what was meant by language to permit “the state to operate, control, and supervise public schools not establishe­d by the school board.” This would have dismantled the existing constituti­onal requiremen­t for a “uniform” system of free public schools.

“The failure to use the term voters would understand, ‘charter schools,’ as well as the use of a phrase that has no establishe­d meaning under Florida law, fails to inform voters of the chief purpose and effect of this proposal,” Cooper had ruled.

It’s disconcert­ing, however, that the Supreme Court upheld his ruling by only a 4-3 vote. The majority and minority’s reasons may be explained in an opinion to be issued later.

The court was correct also in its 6-1 vote to restore to the ballot Amendment 13, the ban on commercial greyhound racing in Florida. Another circuit court judge had accepted hyper-technical

arguments against it.

But it’s hard to reconcile the vote on Amendment 8 with the court’s 4-3 decision to restore Amendment 6, an excessivel­y detailed victims’ rights proposal, or with its unanimous decision to allow Amendment 10, which essentiall­y overturns home rule for Florida counties. That was one of the few great reforms in Florida’s 1968 Constituti­on.

Amendment 6, better known as “Marsy’s Law,” sold to the revision commission by a California billionair­e whose sister was murdered, suffered from the same vague ballot descriptio­n. As Cooper had ruled in that case, it failed to disclose that its “chief purpose…is to take away or reduce the protection” Florida presently affords criminal defendants. Among other things, it would entitle victims to demand speedy trials on impossibly short notice. No one has a clue as to what it might cost to implement.

Amendment 10 is another proposal with hidden consequenc­es. It “ensures” the election of sheriffs, property appraisers, supervisor­s of elections, tax collectors and clerks of court in all counties,” but it fails to tell voters of Broward, Miami-Dade and six other counties that it would likely repeal parts of their existing county charters. Miami-Dade, for example, switched to an appointed sheriff many years ago because of endemic corruption in that office. Broward voters abolished the tax collector’s office, transferri­ng the duty to the county’s finance department. This featherbed­ding amendment owes its existence to insider lobbying by a circuit court clerk and sheriff who were members of the revision commission.

The Supreme Court ducked the potential undisclose­d harm to eight counties by saying the question of retroactiv­ity “should be resolved in a post-election action.” That’s grossly unfair to the citizens of those eight counties who should be entitled to know before they vote what the consequenc­es will be.

None of these outcomes settled what was most wrong with the revision commission’s record: A series of amendments in which controvers­ial issues were “bundled” with other presumably popular but functional­ly unrelated proposals. Amendment 8, for example, sugar-coated the charter school issue with term limits for school board members and a requiremen­t that the schools teach “civic literacy.”

Amendment 10 mixes the sneak attack on county home rule with a noncontrov­ersial change in the Legislatur­e’s meeting dates and an obviously appealing requiremen­t for an office of domestic security and counter-terrorism in the Department of Law Enforcemen­t. That’s not only unnecessar­y, as the department already has one, but also unwise. The Constituti­on should not be cluttered with organizati­onal details best left to the Legislatur­e.

The commission defended this mischief on the grounds that its predecesso­r 20 years ago combined subjects. On that occasion, though, the groupings were rational and noncontrov­ersial, and the ones that were contentiou­s were left to stand alone. Voters weren’t forced to accept proposals they disliked in order to approve those they favored.

For now, it appears that only four of the commission’s eight amendments deserve to be ratified in November. That’s not a good average either. We’ll have more to say about this as the election draws near.

 ?? SCOTT KEELER/AP 2015 ?? The Florida Supreme Court in Tallahasse­e.
SCOTT KEELER/AP 2015 The Florida Supreme Court in Tallahasse­e.

Newspapers in English

Newspapers from United States