TALLAHASSEE -- A controversial law passed by the
Legislature and deployed by opponents of the Florida Hometown Democracy
initiative is unconstitutional, three state appellate court judges
ruled Wednesday.
The 2007 law, which allowed people to revoke
their signatures on ballot-initiative petitions, does not ensure ballot
integrity when citizens' groups try to amend the state constitution,
according to a written opinion of the 1st District Court of Appeal in
Tallahassee.
Instead, it burdens the process in a way not required by the
constitution.
Lawmakers should have let voters decide whether to put
such a provision in the state constitution rather than putting
it in the law themselves, the court said.
The
court directed the circuit court in Leon County to reverse its earlier
ruling on a complaint filed last year by Florida Hometown Democracy.
"I
think the state should honor the court's ruling and just dump the
revocation process," said Lesley Blackner, a West Palm Beach attorney
who helped start the initiative. "However many petitions were revoked
need to be put back in the mix."
Hometown Democracy would give
voters final say over proposed changes to city and county long-term
growth blueprints called comprehensive plans.
But it has drawn staunch opposition from business groups and
others who say it would cripple Florida's development economy.
A
business-backed group called Save Our Constitution got more than 13,000
Hometown Democracy petitions revoked, according to state records.
But
reinstating that number alone would not get Blackner's group over the
611,009 petition threshold required to get on the November ballot.
Supporters were more than 65,000 petitions short at the Feb. 1 deadline.
"I'm
just really grateful that those people in the Florida Legislature
weren't around in 1776, or we probably wouldn't be living in a
democracy today," Blackner said.
Rather than undermining
democracy, the revocation process strengthens it, said Barney Bishop,
chairman of Save Our Constitution and president of Associated
Industries of Florida, a powerful lobbying group.
"We believe
that people should have a right to change their opinion if given that
opportunity," Bishop said. "We think that's what democracy is all
about."
Sen. Bill Posey, a Rockledge Republican who initially
sponsored the legislation in the Senate, said: "It doesn't take a
constitutional amendment to sign one (a petition), so why do they think
it needs a constitutional amendment to get your name removed from one?"
The original lawsuit named the state, but Save Our
Constitution was allowed to join on the state's side.
A spokeswoman for the Florida Department of State said no
decision had been made on an appeal.
But Save Our Constitution general counsel John French said the
group would try to get the case before the Florida Supreme Court.
He said the opinion raised important questions.
"What are the constraints on the Legislature on putting
constraints on the initiative process?" French said.
Citing
what they see as potentially costly and damaging initiatives, business
groups and lawmakers have backed measures meant to make it tougher to
amend the constitution or regulate petition circulators in three of the
past four years. Opponents generally have criticized the proposals as
machinations by powerful interests intent on keeping unfriendly
measures off the ballot.
It looked doubtful Wednesday that proposals advanced this year
would get support from the full Legislature.
Ben
Wilcox, executive director of Common Cause Florida -- which has opposed
many of the Legislature's proposals, including the revocation law --
said he also thought the case had larger implications.
"But
specifically what the court is saying in this place is citizens do have
a right to petition for constitutional change and that right is in the
constitution," Wilcox said. "There's no similar right to revoke a
signature."
james.miller@news-jrnl.com
