Abolishing the CRC passes House, moving in Senate
On its first day passing bills in the 2020 session, the Florida House approved putting a constitutional amendment on the ballot that would repeal the Constitution Revision Commission.
A similar amendment has cleared two of its three referral committees in the Senate.
The House voted 93-25 on January 22 for HJR 301. If it passes the Senate, it will go to voters on the November 2020 general election ballot — two years after the most recent CRC sent eight amendments to voters, all of which were approved. (The CRC also sent a ninth amendment, but it was removed from the ballot by the Supreme Court for confusing language in its summary.)
The House’s action this year contrasts with the 2019 session, when the Senate passed two CRC-related amendments — one abolishing the CRC and one limiting it to single subjects in its proposed amendments — but the House adjourned without taking up those or its own versions of the joint resolutions. The House CRC legislation had cleared all its committees but wasn’t considered on the floor.
Rep. Brad Drake, R-DeFuniak Springs, co-sponsor of this year’s amendment, said voters were confused last year because six of the CRC amendments on the ballot (as did the amendment stricken by the Supreme Court) covered more than one issue. (Amendments placed on the ballot by the Legislature or by citizen initiative are limited to a single subject.)
“The constituency was upset, probably more than normal, when it came to voting for these proposals,” Drake said. “I could tell they really didn’t feel they served a purpose, and they resented the way the amendments were presented to them in an up or down fashion….It’s very popular, the concept of getting rid of or eliminating this commission.”
But Rep. Dianne Hart, D-Tampa, said it was better to reform rather than eliminate the CRC. She unsuccessfully tried to amend the joint resolution in committee to limit the CRC to single-subject amendments, limit its jurisdiction, allow the legislature to set its procedural rules, and allow for more equal appointment of its members by the various branches of government.
“Much if not all of the hostility [to the CRC] focused on the problems of the most recent Constitution Revision Commission,” Hart said. “It’s important to remember the good work of the previous Constitution Revision Commissions [in 1978 and 1998].”
“I think the role of this body [the CRC] is to look at bigger policy ideas. These commissions lay the groundwork for really transformational ideas that ultimately became part of our Constitution, like single-member districts, the current makeup of our Cabinet and judicial system, and really important anti-discrimination provisions and important environmental protections,” argued Rep. Loranne Ausley, D-Tallahassee, noting the CRC is required to hold public hearings. “The truth is we’re only here for 60 days every year, and this process does not lend itself to citizen input, and the citizen initiative process [to amendment constitution] is getting harder and harder. As Florida continues to grow and change, I believe it is important to preserve a more deliberative approach to these long-term structural issues that are facing our state.”
Rep. Carlos Smith, D-Orlando, said it’s not the CRC or the Tax and Budget Review Commission — another constitutional entity authorized to send amendments directly to voters — that clog the ballots with amendments. Since 1976, he said the CRC and the Tax and Budget Review Commission have generated 31 amendments, the citizen initiative process 38 amendments, and the Legislature 116.
“We have already weakened the citizen initiative process through bills that were passed in this Legislature last year, through bills that are being proposed right now in this session,” Smith said. “We are consolidating the power to change the Constitution to be solely here in the hands of the Florida Legislature.”
Rep. Joseph Geller, D-Aventura, argued it was time for the CRC to go.
“As the saying goes, ‘If it ain’t broke, don’t fix it,’ but when it’s broke, fix it, get rid of it. I don’t know that this can be repaired…,” he said. “The fact of the matter is putting the guardrails in place necessary to fix this is probably something that’s more trouble than it’s worth.”
After repeal, Geller said the Legislature could take its time to consider an improved replacement.
The Constitution Revision Commission is unique to Florida governance. Established in the 1968 Constitution, it meets every 20 years. The governor appoints 15 members, the Senate president and House speaker each appoint nine members, the Supreme Court chief justice picks three, and the attorney general is an automatic member.
The next CRC meets in 2037-38.
