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Editorial: Fixing the broken Florida Legislature

 
The Florida House chamber stands empty after it abruptly adjourned last week. Flaws in the legislative branch make it virtually impossible to create bipartisan solutions to Florida’s problems. There is a better way: The Constitution can be changed to make the Legislature a more thoughtful institution.
The Florida House chamber stands empty after it abruptly adjourned last week. Flaws in the legislative branch make it virtually impossible to create bipartisan solutions to Florida’s problems. There is a better way: The Constitution can be changed to make the Legislature a more thoughtful institution.
Published May 1, 2015

The Florida Legislature is broken. The depressing drama that played out in Tallahassee last week highlighted the legislative branch's structural flaws that make it virtually impossible to create bipartisan solutions to the state's biggest issues. The system is rigged to benefit the most partisan lawmakers from both political parties, protect incumbents and amplify the voices of lobbyists and large campaign contributors.

As a result of this dysfunction, frustrated voters whose concerns are ignored gather signatures and raise money to amend the Florida Constitution and address issues their elected leaders can't or won't. Amending the Constitution is not the best way to preserve the environment, as voters attempted to do last year with Amendment 1, or to embrace solar energy and medical marijuana, issues expected to be on the ballot in 2016. Those policy issues are best left to the Legislature, where it should be easier to address complicated details and make adjustments over time. But it is understandable that Floridians seek constitutional amendments as a last resort when this branch of government is so intellectually dishonest, corrupted by money and polluted by personal political agendas.

There is a better way. The Florida Constitution can be changed to make the Legislature a more thoughtful institution that better reflects mainstream Florida. Don't look for legislators to put constitutional amendments on the ballot to address these structural issues. But voters and business groups concerned about this state's long-term future could mount a campaign to place one or more of these changes before voters. Or the Florida Constitution Revision Commission, which is appointed every 20 years and meets next in 2017, could put some of these reforms on the ballot.

Here are five changes to the state Constitution that could repair the broken Florida Legislature and should be considered by voters:

1. Repeal term limits.

Voters added eight-year term limits for legislators to the Constitution in 1992, and that has not been good for the institution. House members in particular become powerful leaders before they are ready, and more power has shifted to the more experienced lobbyists. Too many lawmakers cannot see beyond their next election and are unwilling to endure short-term political risk to support a long-term vision. Quick fixes are in, and broader solutions are out. There is a lack of institutional memory, familiarity with complicated issues and life experience.

If term limits cannot be repealed, at least they could be lengthened to 12 years.

2. Create an independent redistricting commission.

Voters approved the fair districts amendments in 2010 that require lawmakers to draw legislative and congressional districts without regard to incumbents or political parties. But the changes were only partially successful. The courts forced legislators to redraw congressional districts, and a court challenge to state Senate districts is pending. Despite the changes, too many districts heavily tilt to one political party and are not competitive. The result is that few Republicans or Democrats are motivated to compromise or embrace centrist policies that could upset their most fervent supporters.

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An independent, nonpartisan redistricting commission could draw more balanced, competitive districts. The U.S. Supreme Court is considering whether such commissions are constitutional, but the court should uphold them and Florida voters should create one.

3. Revive multimember districts.

The House and Senate had multimember districts until 1982, when lawmakers switched to single-member districts. Until then, Senate districts had up to three senators and House districts had up to six members.

The reasons for the switch to smaller, single-member districts were sound. It was supposed to make clear to voters who represented them, increase opportunities for minority candidates and reduce the cost of campaigning. But now few voters know the names of their lawmakers; issues that particularly affect minority voters are unaddressed; and campaign costs have soared to six figures or more.

Too many single-member districts are personal fiefdoms. Incumbents are immune from challenges and cater only to their core supporters. Larger, multimember districts could create more balance, give voters more options and force lawmakers to appeal to a broader group of constituents.

4. Create open primaries.

Political parties hate this, but imagine that voters could choose which primary election to participate in just before they cast their ballot. That would empower more voters, make primary elections more competitive and force candidates from both political parties to moderate their positions. Primaries are supposed to be open now when the winner will take office because there is no opposition in the general election, but political parties avoid that by recruiting write-in candidates for the general election.

Florida voters with no party affiliation account for one of every four voters in the state. At the very least, those independent voters should be allowed to vote in the primary election of their choice. Now those voters are forced to wait until the general election, and primary election voters already may have selected the most extreme alternatives.

5. Demand campaign finance reform.

Too much money sloshes around Tallahassee. The sugar industry, the electric utilities and employee unions are among the special interests that each funneled millions to the governor, legislators and state political parties in the last election. Limits on contributions to campaign accounts are meaningless, and the governor and state lawmakers raise unlimited amounts for political action committees that serve as slush funds. It is legalized bribery, and too often the voices that have the most influence contribute the most money.

Meaningful change may require an amendment to the U.S. Constitution rather than the state Constitution, given U.S. Supreme Court opinions that define money as speech. But money is drowning out the voices of individual citizens, and there has to be a way to level the playing field.

At the very least, candidates for statewide office and the Legislature — and incumbents — should be required to instantly report all contributions to their political committees. If political cash cannot be limited, it can be better exposed for Floridians to see.