Guest commentary: Help protect Florida's state constitution

This is how it works: Gather a half-million signatures in several areas around the state, and a single subject — any single subject, no matter how frivolous — can be put to the vote. If a simple majority voting on the subject votes "for" the amendment, it goes straight into the Florida Constitution and is "self-executing."

This sounds like a great process. The people put the issue on the ballot and the people approve it, right? Wrong. It just is not working that way, or the way in which it was intended 30 years ago when the constitutional amendment process was created in Florida.

The fundamental problem is simply that when odd, inappropriate and eccentric items are added to the Florida Constitution (comfort of pregnant pigs, high speed trains and the size of fishing nets), they become instantly powerful and unbending. Provisions in the Florida Constitution override all state statutes and all three branches of government.

All that power has attracted a host of wealthy special-interest groups that now are using Florida's constitutional amendment process to buy their way into our constitution. Three million dollars can guarantee enough signatures to be placed on the ballot. And that is a threat to our state. Currently, some 52 amendments are being offered by groups for the 2004 general election.

What corporation wants to invest in a state where everything and anything could change on election day — every 24 months? I know as an employer, a stable economic climate and an orderly, well-run state is extremely important.

The truth is, our right to petition for changes to the constitution has been hijacked by narrow special interests that are exploiting the system as a fast and cheap way to circumvent legislators.

Rather than work through the elected Florida Legislature, these groups have found that for a few million dollars they can hire savvy signature collection firms, get an issue on the ballot and then saturate the voters with highly emotional and one-sided advertising. To make it even easier, they only have to do it in a few highly populated counties to get enough votes to win on election day.

A constitution should not be a yard sale of items or goofy issues paid for by wealthy special-interest groups imposing their will on all Floridians.

So what is to be done without taking away our right to petition for sincere and beneficial changes in our constitution?

VoteSmartFlorida.org, a coalition of Floridians, associations, employers and community advocate groups coordinated by the Florida Chamber of Commerce, is committed to protecting the constitution and restoring integrity to the constitutional amendment process. VoteSmartFlorida.org has researched the current constitutional amendment process in Florida and the nation, studied the legal issues and is advocating solutions. Here are three major steps:

— Urge the Florida Legislature to place on the ballot and the people to approve an amendment requiring a two-thirds vote to pass future constitutional changes.

— Move the deadline for amendment qualification to Jan. 1 of the election year, rather than the current 91 days before the election. This would allow more time for voters to learn about the proposed amendment and would also allow the legislature the time to respond during the legislative session.

— Urge the above recommendations be incorporated into a joint resolution and be placed on the ballot for the Aug. 31 primary election.

In addition to these three recommendations, VoteSmartFlorida.org understands that part of the long-term solution is voter education. All Floridians should be concerned about safeguarding our constitution and all of our rights to self-government. We should be proud and exercise our right to vote, study the candidates, research the issues and never sign any petition we don't fully understand and support.

VoteSmartFlorida.org is firmly committed to enduring and maintaining the integrity of our Florida Constitution and the constitutional amendment process. However, VoteSmartFlorida.org believes the integrity of the state's fundamental governing document is at risk. All Floridians should be dedicated to protecting and preserving the durability of Florida's constitution and the success of our state for future generations.

Sarasota resident Vern Buchanan is chair-elect of the Florida Chamber of Commerce and chairman and CEO of Buchanan Enterprises. His business interests include car dealerships, banking and a spa.