The Legislature's failure to adopt enabling legislation for the slot-machine constitutional amendment creates a dilemma for Broward County's four parimutuels, their host cities and county government. The amendment is supposed to take effect on July 1. But without legislation, the racetracks, fronton and cities are left with only confusion caused by legislators' failure to pass implementing legislation.
Wasteful, ineffective
But the impasse exposes a bigger problem than lawmakers' failure: the state Constitution's flawed citizen-initiative process that allows frivolous issues to be enshrined in the document that is supposed to lay out Floridians' basic rights and the structure of government. When lawmakers disagree with amendments, they attempt to change them (class size), stall enactment (slots) or try to get them repealed (bullet train). This is wasteful and ineffective.
Yet slot machines don't belong in the state Constitution any more than do a ban on gill nets or dueling laws by feuding doctors and lawyers. Some of the 59 amendments approved since 1990 came about because Floridians were frustrated that lawmakers wouldn't consider politically difficult issues. It's time to preserve the integrity of the Constitution while preserving the ability of citizens to change their government when necessary.
The process whereby citizens can obtain enough signatures to qualify a proposed amendment for the ballot should be modified to keep limited issues like slots for two of the state's 67 counties and other special-interest issues out of the Constitution. This could be done in a two-step process: Raise the threshold for what qualifies as a constitutional amendment, and create citizen initiatives that either enact statutes or, at a minimum, require the Legislature to bring them to floor votes in both houses.
The House this year considered limiting initiatives to issues that amend or repeal basic rights, the structure of government or an existing section of the Constitution. These criteria are appealing but don't allow for needed flexibility so that voters can seek amendments that address significant new issues.
Protect citizens' rights
The Legislature did approve an amendment that will go to voters that requires a 60-percent margin of approval for amendments instead of a simple majority. Most recent amendments have garnered more than 60 percent. This change and one approved by voters last November, which extends the time for public discussion of proposed amendments, are fair.
The slots limbo represents the weaknesses in the flawed citizen-initiative process, which needs an overhaul that protects citizens' rights and preserves the integrity of our state Constitution.