It’s now up to legislators to act on amendments

TALLAHASSEE — Florida voters passed 11 ballot measures earlier this month, but that isn’t the end of the story.

The Legislature often has to pass laws to conform with the changes to the constitution, or the executive branch has to enforce them — and that’s where things can get tricky.

The newly sworn-in Legislature will decide which measures need additional legislation, and if history is any guide, there could be efforts to tweak, slow or even ignore what the people voted for. And that has led to lawsuits.

Case in point: John Morgan’s legal action against the state for banning smokable forms of marijuana after voters approved an amendment legalizing the drug for medical purposes in 2016.

Morgan said he’s frustrated with the suit and with the slow enactment of medical marijuana in general by the Florida Department of Health. A circuit judge agreed with Morgan and ruled smokable medical marijuana could be used, but the case is pending on appeal.

“They can slow walk it, and they can tinker with it,” Morgan said.

“Nothing these days of any great importance is getting done without a constitutional amendment. That will just show you the contempt and disgust that the people of Florida have for the Legislature. You can’t name one significant act by the Florida Legislature that’s benefited the people of Florida in the last 20 years.”

Another pending lawsuit revolves around an amendment passed by voters in 2014 and pushed by environmental groups that calls for more spending on land conservation. The groups contend lawmakers diluted the measure by allowing money to be spent on operating funds.

A lower court judge has ruled new revenues since 2014 should be spent on land conservation, but legislative leaders believe they’ll prevail in higher courts.

“The appellate court may have a different interpretation,” Senate President Bill Galvano told reporters last week after the swearing-in ceremony.

In previous remarks to reporters, however, Galvano said he will follow through on what voters passed.

“People have spoken, and as I look forward to leading the chamber, I want to make sure that we’re being true to the intent of the voters,” Galvano said. “And when I talk about implementation I mean implementation, not curtailing.”

Other examples include the class size amendment passed in 2002, which teachers’ unions say lacks meaningful enforcement, and the Fair Districts amendment passed in 2010, which the League of Women Voters pursued in the courts after the Legislature drew what they viewed as gerrymandered maps.

Now, lawmakers must put the 11 amendments passed by voters into practice.

For the supporters of those amendments, the solution is simple – follow the law.

“Our amendment was written to be self-executing. It shouldn’t require any legislation whatsoever,” said John Sowinski, president of No Casinos, an Orlandobased group that pushed for Amendment 3, which requires any future expansion of casino gambling to be approved by voters in a referendum.

What exactly applies under the amendment, which voters passed by 71 percent, could be tested, and Sowinski said he expects gambling interests to test the limits of the law, possibly leading to lawsuits.

“I see some effort to finagle, but the amendment was written in such a way that would make any finagling extremely difficult,” Sowinski said.

Another measure passed by voters with a major impact was Amendment 4, which automatically restores voting rights to convicted felons who have served their time and paid any related court fees and fines.

Under the current process, felons must wait five years after their sentence expires before applying for rights restoration, and then go before the Cabinet, which can reject their request for any reason. The amendment did not apply to those convicted of murder or sex offenses.

The amendment passed with 65 percent of the vote. Supporters say there shouldn’t be any legislative tinkering because the voting rights are restored automatically to those who are eligible.

But it will be the executive branch — the Department of Corrections, Florida Department of Law Enforcement, and Department of State — that would likely inform ex-convicts when their voting rights have been restored, and Gov.elect Ron DeSantis, who opposed the amendment, will soon be in charge of those agencies.

Legislative leaders said they’re still reviewing how to handle the details of Amendment 4.

“We have to do it right,” Galvano said. “We’re not going to slow walk it, but we have to make sure it’s done right and implemented correctly.”

STEVE CANNON/AP New Senate President Bill Galvano says amendments will be carried out. “People have spoken, and as I look forward to leading the chamber, I want to make sure that we’re being true to the intent of the voters,” he said.