Constitution Revision Commission: a retrospective and prospective sketch.

• Author: Uhlfelder, Steven J.
• Position: Florida

Although the Florida Legislature will decide many important issues during the 1997 regular legislative session, some of the most significant issues facing Florida as it prepares for the 21st Century will be developed and debated after the legislature adjourns. It is at that time Florida's second scheduled Constitution Revision Commission will begin its work.

Appointed every 20 years, the Constitution Revision Commission is an independent body composed of 37 commissioners(1) who will carefully examine Florida's Constitution to determine its relevance and applicability to the state's current and future needs. Pursuant to the Florida Constitution, the members of the 1997-98 commission will be appointed within 30 days after the 1997 regular session ends.(2) Ultimately, the commission will propose revisions to Florida's Constitution that it deems necessary to promote Florida's economic, political, and social growth. Florida voters will be given an opportunity to approve or reject the commission's proposed amendments and revisions to the Florida Constitution during the November 1998 general election.

Currently, there are several vehicles for amending the Florida Constitution.(3) The commission, however, is unique because it provides an opportunity for citizens to have a direct voice in the periodic review and revision of our state's Constitution. No other state provides this type of mechanism.(4) Commissioners will hold public hearings while drafting their proposals to guarantee that the commission's revisions address the citizenry's needs. As Chesterfield Smith, a long-time participant in Florida politics and former American Bar Association president, once said in an address before the 1977 commission: "The Constitution Revision Commission is an opportunity to give the people of Florida, through a better Constitution, a better way of life."(5)

The 1977-78 Constitution Revision Commission

Prior to 1968, the year which Florida's current Constitution was adopted, the Florida Constitution had not been, adequately modernized since 1885.(6) To ensure that Florida's Constitution remains a dynamic document that meets the state's needs, Art. XI, [sections] 2(a) (added as part of the 1968 revisions), mandates that 10 years after the adoption of the 1968 revisions, and every 20 years thereafter, a constitution revision commission would review the Constitution's effectiveness as the foundation for Florida's political, economic, and social structure.

Under the leadership of Chair Talbot "Sandy" D'Alemberte, the 1977-78 Constitution Revision Commission embarked on a ground-breaking endeavor that would serve as an example for future commissions. The 1977-78 Constitution Revision Commission was the first of its kind in the country. One of the commission's main goals was to provide an effective and representative forum in which members of the public could discuss issues that they thought should be addressed by the commission. For approximately 15 months, the Constitution Revision Commission worked to achieve this goal. This work included holding public meetings throughout the state,(7) debating more than 800 issues, and proposing the adoption of 87 changes (47 substantive changes and 40 procedural changes).

Ultimately, the commission presented these changes to voters in the form of eight proposed constitutional amendments.(8) Some of the issues addressed in these amendments included dramatic executive branch reform, improved legislative apportionment, and merit selection and retention (as opposed to election) of trial judges. However, despite the commission's comprehensive and detailed review of the Constitution, voters rejected all eight of the proposed amendments in 1978, some by a very small margin.(9) Many observers and constitutional scholars believe that Gov. Askew's dedicated and time-consuming fight to stop casino...