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A Look at the 2000 Florida Legislature
As we approached the final days of the 2000 Regular Session, there was a genuine fear among many political observers that this Legislature could turn out to be the most radical and destructive in decades. Fortunately, a coalition of moderates in the Florida Senate kept that from happening.
Last year, lawmakers enacted a school voucher program designed to dismantle the wall of separation between church and state in elementary and secondary education. They also enacted tort reform legislation that remains the bane of Florida's trial lawyers. Both measures are now in litigation.
In January's Special Session, legislators enacted the Death Penalty Reform Act of 2000 despite warnings from legal scholars and jurists that the legislation, which restricts the right to appeal a death sentence, would do substantial violence to the principle of separation of powers. The Florida Supreme Court has already ruled that the majority of the Act is unconstitutional and has stayed its implementation.
This Regular Session began with the so-called conservatives mounting an assault on the environment and higher education, among other targets, and progressed to a mid-term frontal attack on the independence of the judiciary. Here is what happened:
School Vouchers
No bill addressing school vouchers was prefiled this session. Nonetheless, on the 59th day of the Regular Session, an amendment was introduced on the floor of the House of Representatives to expand a pilot school voucher program, which was enacted last year, that covers disabled students. The program is presently available only in Sarasota County. The amendment was defeated on a procedural vote, but it resurfaced on the final day in the Florida Senate as part of the Education budget. Senator John McKay's amendment makes the pilot program (which provides disabled students, under certain conditions, with "opportunity scholarships" to attend private or religious schools) available statewide.
Independence of the Courts
Fortunately, the Legislature did not pass any of several dangerous bills that would have upset the balance of power between the legislative and judicial branches of government. The worst would have stripped the courts of their rule-making authority and given it to the Legislature. Nor did the Legislature give the Governor any more power over the judicial nominating commissions that screen applicants for judgeships and recommend finalists to the Governor.
Church/State
There were four significant bills filed which present church/state issues. Only one of the four was enacted. It created the Community & Faith-Based Initiative on Urban & Policy Commerce at Florida A&M University. Bills which would have expanded other "charitable choice" contracts between state agencies and faith-based organizations died, as did a late-filed bill that would have given tax credits to corporations providing funds for school vouchers for students to attend private and religious schools. Finally, a bill to require posting of the Ten Commandments in public buildings was withdrawn after an initial committee meeting, at which considerable opposition was expressed by civil libertarians.
Reproductive Rights
Not unexpectedly, the Legislature passed and sent to the Governor yet another so-called "partial-birth abortion" bill. It too will be challenged in court because it fails to include a critical provision that would permit use of the "dilation & extraction" procedure to protect the health of the mother. A joint resolution to outlaw the procedure via constitutional amendment failed, however.
Criminal Justice
The Legislature did enact legislation that makes juveniles who are sixteen or seventeen subject to sentencing under the 10-20-Life statute. Additionally, DNA testing was expanded to include convicted burglars while not guaranteeing the right of previously incarcerated inmates to use the procedure to establish their innocence.
Freedom of Speech
Bills to mandate that public libraries install Internet filters failed, as did legislation that attempts to regulate child pornography on the Internet.
Education
The conservatives were more successful, however, in their goal to wreck Florida's system of higher education. The plan to abolish the state Board of Regents, which would eliminate the main buffer between political meddling and the state university system, has been sent to the Governor. The conservatives propose to replace the regents with a mega-board of education that would be responsible for education from kindergarten through college.
Legislature 2001
If you have been appalled by legislative leaders trampling on the Constitution, bestowing tax breaks on major industries, attempting to undo environmental protections and staging an all out assault on the independence of the judiciary, then it may be time for you to become politically active. Things in Tallahassee are not likely to just stay the same; it could become even worse.
The leadership this year consisted of a Speaker dedicated to helping business interests and assisting the Governor with his legislative agenda. The Florida Senate was led by President Toni Jennings, who was a significant moderating force against much of the extremism emanating from the House of Representatives.
In 2001, it is most likely that the leadership will take a hard right turn. Representative Tom Feeney will ascend to Speaker of the House, while Senator John McKay will rise to Senate President. Both men are zealots and political ideologues.
McKay will concentrate on unhinging any shackles remaining on businesses speeding their way through the permitting process, keeping them free from consumer lawsuits and lifting as much of their tax responsibilities as possible. But Feeney's passion is to tear down the wall of separation between church and state. Their floor leaders will be staunch conservatives, not like the Senate moderates who successfully tempered many of the odious bills that failed this session.
There is, of course, one other scenario. Voters in this state could get involved in November politics and work to elect men and women who believe in the Constitution, who believe in the Bill of Rights, and who are willing to halt the tide of extremism in the Florida Legislature. If not, Speaker Tom Feeney and Senate President John McKay, joined by Governor Jeb Bush, could become your worst nightmare.
-- Larry Spalding, Legislative Staff Counsel
May 2000
