It’s taken seven years and as many court challenges, but the Florida Supreme Court today cleared the way for the Hometown Democracy proposed constitutional amendment to be on next year’s November ballot.

The court at last accepted that the cost of the citizens initiative, the brainchild of West Palm Beach land use lawyer Lesley Blackner and Tallahassee lawyer Ross Burnaman, is “indeterminate.”

The proposal would require that citizens approve changes to local comprehensive growth management plans before they can go into effect.

Two previous financial estimates conducted by state economists predicted the change would cost “millions of dollars” statewide, a premise the court rejected because that assumed that local governments would schedule special elections for the comp plans referenda.

Critics, including the Florida Chamber of Commerce and business-backed associations, of the Hometown Democracy initiative charge that the proposal will effectively halt growth around the state. They’ve got their own ballot initiative that would require allow voters to challenge comp plan amendments - but only if 10 percent of affected voters sign petitions at the local supervisors of elections office within 60 days of the changes being approved by local governments.

That proposal is still hundreds of thousands signatures short of the required 676,811 needed by Feb. 1 to get on the ballot.

A West Palm Beach lawyer who was repeatedly raped by a neighbor when he was 7 years old and the mother of a man who committed suicide 20 years after he was sexually molested by his Boca Raton karate teacher are desperate.

After five years, they’ve given up trying to get legislators to do away with the statute of limitations on civil and criminal punishment for child molesters that are now protected by time in Florida state law.

Their chief opponent, they say? The Catholic Church.

Now West Palm Beach Lawyer Michael Dolce is trying to get voters to do what lawmakers would not. He’s launched a petition drive to get a ballot initiative on next year’s November ballot.

Jeff Smith

“I felt this would be the best way that I could memorialize him so we would maybe save somebody else from having to go through the pain and suffering he did,” Robinson said.

Read the full story here.

Florida voters will probably face a major decision in 2010 about future development now that backers of a proposed constitutional amendment have won a major court victory.

But the battle over growth, whether at the ballot or in the courts, is far from over.

The Florida Supreme Court on Wednesday struck down a law that let residents revoke their signatures on constitutional amendment ballot petitions. The ruling clears the way for the Hometown Democracy initiative to get on the ballot next year.

The amendment would require that all changes to a city or county long-term growth plan be approved by voters.

“I personally don’t think it’s that radical, but it does go to the heart of the developer power which has the ability to get what they want from city and county commissions,” said Palm Beach lawyer Lesley Blackner, co-author of the proposal. She has spent almost six years and nearly $1 million of her own money to get the initiative on the ballot.

Opponents, including the Florida Chamber of Commerce, persuaded the legislature to pass the signature-revocation law specifically to try to thwart Hometown Democracy. They warn that the amendment would cause a permanent recession by halting development.

The high court has not yet issued a written opinion outlining the reasons for its 4-2 decision. But it upheld an appellate court ruling that found the signature-revocation law unconstitutional.

Now, voters may face a virtual Pandora’s box of ballot proposals for 2010.

Floridians for Smarter Growth, backed by the Florida Chamber of Commerce, is considering a counter-initiative. It would let residents vote on a growth-plan change only if 10 percent or more of a community’s registered voters signed a petition.

Meanwhile, the business-backed group Save Our Constitution, funded mainly by Associated Industries of Florida, wants to get an amendment on the ballot that would allow voters to put signature revocation into the constitution.

The competing ballot items are likely to yield one of the nastiest constitutional amendment showdowns in recent history.

“Hometown Democracy is essentially a proposal to freeze the status quo in place. … To say this is an economic catastrophe is probably a gross understatement,” said Ryan Houck, executive director of Floridians for Smarter Growth. “We believe this proposal is so bad for Florida’s economy that we will run a full-on campaign to defeat it at the polls.”

Associated Industries CEO and President Barney Bishop said his group is awaiting the Supreme Court’s formal opinion before deciding whether to ask for a rehearing.

Blackner and her supporters “were unabashed in their willingness to do anything and everything to get this on the ballot,” Bishop said. “But just be prepared. We’re going to use the same tactics they did. So better sleep with one eye open. ‘Cause we’re coming at you.”

Shanda Kirkwood reads to her Pine Grove Elementary fourth grade class. (Palm Beach Post)

The Florida House this morning approved a constitutional amendment for the 2010 ballot that, if voters approved, would let school districts keep current class size caps at the school average instead of individual classrooms.

The 78-41 vote included a few Democrats crossing over to join Republicans: Jim Waldman of Coconut Creek, Debbie Boyd of Newberry and Leonard Bembry of Greenville.

The debate over the measure, sponsored by Rep. Will Weatherford, a Wesley Chapel Republican hoping to become speaker in 2012, also offered a few contenders for Quote of the Day, including this one that earned a “Hey!” from Speaker Larry Cretul.

“Hypocrisy knows no bounds in this chamber,” said Rep. Scott Randolph, D-Orlando.

The Senate companion (SB 1828) is scheduled for its final committee hearing next week.

A proposal to extend term limits for state politicians has been removed from a constitutional amendment originally written to offer a property tax break to Florida’s veterans.

State attorneys told the Senate Ethics & Elections Committee there was no way the legislature could create two separate constitutional amendments with one resolution. Committee members then determined that including both proposals in one ballot question could doom the proposed tax break. The committee’s unanimous vote was taken April 7.

The bill (SJR 1550) from Sen. Dave Aronberg, D-Greenacres, originally included just the property tax break. The proposal to extend term limits from 8 years to 12 years was added by Community Affairs Committee Chairman Mike Bennett, R-Bradenton, during his committee meeting last month.

The bill and its House companion (HJR 1155) both have one more committee stop in their respective chambers.

An Orlando woman announced today that she’s launching an effort to let voters to decide whether to include medical marijuana laws in the state constitution. She’s planning to put the question on the 2010 ballot.

Kim Russell, a 3rd generation Floridian, said she’s making the push because her father suffers from Parkinson’s disease and believes he could avoid brain surgery with medical marijuana. She said she’s collecting signatures and money, but has not yet received help from any national groups or financiers.

The most recent state to approve medical marijuana laws was Michigan, where 63 percent voters approved a ballot initiative in November. Of the 12 other states with medical marijuana laws, eight stemmed from ballot initiatives; four were enacted by state legislatures, according to the Associated Press.

Russell’s group, People United For Medical Marijuana (PUFMM), has their proposed initiative here.

From left: U.S. Rep. Ron Klein, D-Boca Raton; state House Majority Leader Adam Hasner, R-Boca Raton

After not initially signing on and setting off a flurry of speculation on the left and right, U.S. Rep. Ron Klein, D-Boca Raton, has decided to be a cosponsor of the labor-backed Employee Free Choice Act. He cosponsored the legislation in the last Congress.

The legislation would allow unions to bypass secret-ballot elections and organize by collecting authorization cards from a majority of employees. Supporters say the measure allows labor to counter intimidation by employers. Foes say it will allow labor organizers to coerce and pressure workers to support unionization.

In Florida, state House Majority Leader — and potential Klein challenger — Adam Hasner, R-Boca Raton, is leading the drive for a state constitutional amendment guaranteeing the right of Floridians to cast secret ballots in all elections, including votes on whether to unionize.

The national fight over ensuring secret ballots for union votes erupted Wednesday in an emotional quarrel between two Palm Beach County lawmakers that included one calling the other a “jerk” in a Florida House committee meeting.

Rep. Mary Brandenburg, D-West Palm Beach, called Rep. Adam Hasner, R-Boca Raton, a “jerk” from her seat in the House Policy Committee. Her microphone was turned off, but her comment was audible from at least the third row in the meeting room.

Listen to their dialogue during the committee here. Then read the rest of the story here.

Florida labor leaders said at a press conference today that a constitutional amendment (HJR 1013) from House Majority Leader Adam Hasner, R-Boca Raton, “targets working people.”

“The proposed constitutional amendment is not about the protection of secret ballot. It’s all about political gamesmanship in an effort to launch an anti-worker campaign in Florida, a campaign being disguised as a pro-worker effort,” said Mike Williams, president of the Florida Building & Construction Trades Council.

(more…)

As Congress gears up for a debate over the labor-backed Employee Free Choice Act, unions are touting a a new Gallup poll that finds 53 percent of Americans favor a law “that would make it easier for labor unions to organize workers.”

Beyond that fuzzy concept, however, it appears voters in Florida are uncomfortable with a key aspect of the proposed legislation.

The bill would make it easier for unions to form by allowing them to bypass current requirements that employee votes on whether to unionize be conducted by secret ballot. Instead, a union could form if a majority of workers sign authorization forms.

A new Florida poll commissioned by foes of the congressional bill finds that 86 percent of the state’s voters favor a proposed state constitutional amendment guaranteeing the right to cast a secret ballot in all elections, including employee votes on whether to unionize.

To read the polling memo, click here.

House Majority Leader Adam Hasner, R-Boca Raton, is heading efforts to get the constitutional question on the Florida ballot in 2010. If Congress passes the Employee Free Choice Act and Florida voters approve the secret-ballot amendment, courts would likely decide which measure would take precedence in Florida.

Democrats and Republicans got into a heated verbal brawl this morning over a public campaign finance bill in the Senate Transportation and Economic Development Committee.Some GOP senators railed against President Barack Obama’s reversal about taking public money to finance his campaign, just stopping short of calling the president a liar and refusing to refer to him as “president,” instead calling him “Sen. Obama” or “Candidate Obama.”

Democratic Sens. Chris Smith and Tony Hill grew fidgety as the anti-Obama rhetoric escalated but spilled over after Republican Ronda Storms refused to let the matter drop.

“I understand that some are uncomfortable with Candidate Obama’s faiilure to keep his word and those of us who did not support him calling attention to that,” Storms, R-Brandon, said. “I can completely understand they don’t want to talk about the messiah having a flaw but the messiah has a flaw.”

That pushed Smith, who previously tried to limit discussion on the proposed constitutional amendment (SJR 566) by asking for a vote, over the edge.

(more…)

Hasner (left) and Klein

In what some Republicans would like to be a preview of a 2010 congressional race, state House Majority Leader Adam Hasner, R-Boca Raton, is calling out U.S. Rep. Ron Klein, D-Boca Raton, over the labor-backed Employee Free Choice Act.

(more…)

CRIST-ROME: In the wake of Florida’s new constitutional amendment banning gay marriage, the editor of GaySoFla.com is helping activist group Impact Florida organize a peaceful protest of Gov. Charlie Crist’s “constitutionally protected” marriage on Dec. 12 to Carol Rome.
HURRICANE RECORDS: The 2008 season, which ends today, marked the first time a major storm (Cat 3 or higher) formed in the Atlantic in for five consecutive months (starting in July: Bertha, Gustav, Ike, Omar, Paloma). Overall, this year was the fourth-most-active in terms of named storms (16) and major hurricanes (five).
POLITICAL TURKEYS: Florida is featured twice in CNN’s list of political turkeys in 2008: No. 10 is Giuliani, for deciding to run for president of Florida; No. 9 is Palm Beach Garden’s Tim Mahoney.
VIDEO: With Florida’s unemployment at 7 percent, Crist found a large Thanksgiving crowd at Tampa Bay soup kitchen.
OBAMA: One of the more interesting political discussions stemming from Barack Obama’s victory is how the president-elect will use his powerful reach on the internet to govern. I’m not sure what this means, but this analysis notes that the biggest group on MyBarackObama.com right now is “Florida Women for Obama,” which has 39,079 members - or 10k more than “African Americans for Obama.”
2010: Convention wisdom says it would be easier for state CFO Alex Sink, the only Democrat on the Cabinet, to take out unpopular U.S. Sen. Mel Martinez. But here are some reasons she should consider challenging Crist for his second term.
2012: A Palin-Crist ticket?

A Miami judge declined to rule on a lawsuit against John Stemberger and florida4marriage.org filed by Amendment 2 opponents Florida Red and Blue and the anti-gay marriage amendment ads will stay on the air.
Florida Red and Blue filed suit against the sponsor of the anti-gay marriage amendment alleging that Stemberger had broken state elections laws.
The suit claimed that Stemberger hid campaign contributions by using another organization to pay for campaign ads without disclosing the identities of the donors and sought to have the pro-Amendment 2 television ads yanked.
The judge said she was reluctant to stop any communications on the eve of the election.

Opponents of the anti-gay marriage amendment on tomorrow’s ballot have enlisted President Bill Clinton’s aid to keep it 2 from passing.
Clinton’s doing robo-calls for Florida Red and Blue, the organization that’s spent more than $1.5 million so far _ not including the calls _ to defeat Amendment 2, the proposal put on the ballot by Christian conservative activist John Stemberger.

(more…)

Tensions between gay rights activists and their foes are heating up throughout the state over a proposed anti-gay marriage amendment on the ballot on Nov. 4.

Opponents of the anti-gay marriage amendment going before voters on Nov. 4 went to court today to force the proposal’s backers to disclose its donors and take their TV ads off the air.
Lawyers for Florida Red and Blue filed the lawsuit in Miami seeking the identification of donors to Florida Family Action and Florida Family Policy Council, organizations headed by John Stemberger and linked to his political group, florida4marriage.org, that put Amendment 2 on the ballot.

Florida Red and Blue asked the state elections commission and state attorneys to investigate the contributions and the ads because florida4marriage.org, a political committee that is required by state law to reveal its donors’ names and occupations, did not pay for the ads. Instead, the committee reported a $350,000 “in-kind” contribution from Florida Family Action for advertising. Florida Family Action, a group incorporated by Stemberger, does not have to disclose its donors.

Shortly after Florida Red and Blue announced the filing of the lawsuit, Stemberger issued a press release criticizing the group for avoiding the issue of gay marriage in its anti-Amendment 2 campaign and instead raising concerns about the proposal’s impact on domestic partnerships between both straight and gay couples, particularly seniors.

Stemberger accused his opponents of “just making stuff up” and “ignoring the obvious and important” issue of gay marriage.

Supporters of the proposed anti-gay marriage amendment say opponents of the measure are defacing billboards like this one in Panama City, ripping out yard signs and possibly engaging in even more nefarious behavior as tension over the proposal heats up.

John Stemberger, the head of the organization that put Amendment 2 on the Nov. 4 ballot, also suspects opponents of Amendment 2 hacked into his computer last night.

Stemberger was working in his Orlando office last night, he said, when his computer went dark and wouldn’t restart. Apparently it was hit by spy ware and viruses, Stemberger “There’s no way to know but from my standpoint it’s sure looking like an attack,” said Stemberger, the force behind yes2marriage.org.

He’s not accusing Amendment 2 opponents Florida Red and Blue of being behind the attack.
But he said he believes somebody who doesn’t like the anti-gay marriage initiative was.

“All I know is my computer went down. There were all kinds of viruses and spy ware. We’ve never had that before. I don’t think it’s directly the campaign. But I think it’s people that oppose us,” Stemberger said.

West Palm Beach Mayor Lois Frankel and other opponents of an anti-gay marriage amendment on the Nov. 4 ballot are holding a 12:30 press conference at city hall this afternoon.

Frankel will be joined by Helene Milman and Wayne Rauen, an unmarried Sunrise couple who’ve been together for 24 years but did not marry because Milman did not want to lose her late husband’s pension benefits.

West Palm Beach city commissioners passed a resolution earlier this month condemning Amendment 2, which opponents believe would do away with domestic partnerships between unmarried couples, both straight and gay, and do away with local governments’ ability to extend benefits to employees’ partners.

West Palm Beach was a trailblazer in Florida by becoming the first city to provide domestic partner benefits for its employees. The city and the county offer domestic partner registrations, which give couples certain rights like making end-of-life decisions for their mates.

Failing to ban gay marriage in the state constitution could result in the indoctrination of schoolchildren into a gay lifestyle, supporters of Amendment 2 said today.

John Stemberger, the force behind the proposed anti-gay marriage constitutional amendment on the Nov. 4 ballot, cited cases in other states where similar proposals failed, resulting in teachers of students as young as 7 years old using books about same-sex marriage to promote diversity in families.

But, unlike in Connecticut, Massachusetts and California, where gay marriage was upheld by the courts, Florida has already outlawed same-sex marriages in state statutes.

Read the full story.

Michael Schiavo is campaigning against Amendment 2, the ballot initiative that would put a prohibition on gay marriage in the state constitution.
Opponents like Schiavo believe the “Florida Marriage Protection Amendment” will go beyond barring gay marriage and threatens domestic partnerships between heterosexual couples and seniors as well.

Schiavo’s involvement in the anti-Amendment 2 campaign on behalf of Progress Florida, a liberal political group affiliated with Denver-based Progressive Future, reignites his battle with conservative Christians, who support the amendment and waged fought for years to prevent him from removing his wife Terri from feeding and hydration tubes.

“If the radical rightwing leaders behind Florida’s Amendment 2 really cared about the sanctity of marriage, they would have respected mine,” Schiavo, a former Republican, said in an e-mail distributed today.