State Seal Calendar

Meeting Proceedings for June 16, 1997








7                             STATE OF FLORIDA


9                        Meeting of June 16, 1997 

10                            The Senate Chamber 

11                                The Capitol 

12                           Tallahassee, Florida 

13                                10:00 a.m.  






19                               Reported by:

20                              RAY D. CONVERY

21                              Court Reporter





1                           P R O C E E D I N G S

2                THE CHAIRMAN:  If the members would take their 

3           seats, we'll try to be punctual.  It's my preference 

4           that we be punctual as often as possible.  I'm not -- 

5           well, I'm not sure I wanted it to be that quiet, but, 

6           pursuant to Article IX, Section 2 of the Florida 

7           Constitution, I hereby call this Constitution Revision 

8           Commission to order. 

9                Before we begin the business of revision, I would 

10           like to introduce the person who will lead us in 

11           prayer today.  I've asked Dr. Glenn Bass, the pastor 

12           of Faith Presbyterian Church in Tallahassee, to lead 

13           us in prayer. 

14                Will the Commission members and the guests in the 

15           gallery please rise for the prayer?  

16                Dr. Bass?  

17                DR. BASS:  Let us pray.  

18                Gracious God, beneath whose eye and within whose 

19           patience the story of our years is told, compose us in 

20           your presence and help us to pray more nearly as we 

21           should.  Bless the courts and these leaders assembled 

22           here.  Give them the spirit of wisdom and 

23           understanding that they may perceive the truth and 

24           administer the law impartially as instruments of your 

25           divine will.  When you have plans for us and the power 

1           to make them happen, give the legal community, the 

2           Legislature, government workers, executives the 

3           knowledge of your will for their work, and let them 

4           remember that they serve a public trust beyond 

5           personal gain and glory.  May they see that no city, 

6           state or nation lives for itself alone, but is 

7           responsible to you for peace and for the well-being of 

8           all your children.  Amen. 

9                THE CHAIRMAN:  Please remain standing and 

10           Katherine Fernandez Rundle will lead us in the Pledge 

11           of Allegiance.  

12                Would you come to the podium, please?  

13                (The Pledge of Allegiance.)

14                THE CHAIRMAN:  Please be seated.  

15                We're called here pursuant to Article XI, Section 

16           2, which provides that within 30 days after the 

17           adjournment of the regular session of the Legislature 

18           convened in the tenth year following the adoption of 

19           the 1968 revision and each 20th year thereafter, there 

20           shall be established a Constitution Revision 

21           Commission composed of 37 members. 

22                The last Constitution Revision Commission was 

23           convened in 1977, completed its work in '78.  With 20 

24           years having passed, a Constitution Revision 

25           Commission has been established for the years 1997 and 

1           for 1998.  

2                The Constitution provides for four appointing 

3           authorities, including the Governor appointing 15 

4           members, the President of the Senate and the Speaker 

5           of the House appointing nine members, the Chief 

6           Justice of the Supreme Court appointing three members, 

7           and the Attorney General automatically serves.  

8                At this time I would like to invite each of the 

9           appointing authorities in the order found in the 

10           Constitution to call the roll of the persons they 

11           appointed and to provide a brief background statement 

12           on each member.  

13                First, however, I would like to introduce the 

14           first person named by the Constitution to serve 

15           automatically on the Commission, the Attorney General 

16           for the State of Florida.  

17                General Butterworth, would you please stand?  

18           Thank you, sir.  

19                General Butterworth is the 32nd Attorney 

20           General.  He's had an extensive record of public 

21           service.  Actually, after reviewing his resume, it 

22           appears there are very few offices he hasn't filled.  

23           General Butterworth has served as an Assistant State 

24           Attorney, Broward County judge, circuit judge for the 

25           17th Judicial Circuit in Broward County, Broward 

1           County Sheriff, Director of the Department of Highway 

2           Safety and Motor Vehicles, mayor of Sunrise Beach and 

3           the Attorney General.  

4                We're pleased to have the State's chief legal 

5           officer advising and participating in this Commission.

6                I now will call on the Honorable Governor of the 

7           State of Florida, Lawton Chiles, to call the roll of 

8           the 15 members he selected to serve on the Commission.

9                Governor, if you would come stand at the podium 

10           where the secretary is, we would be delighted to have 

11           you, sir.  

12                GOVERNOR CHILES:  Yes, your worship. 

13                THE CHAIRMAN:  I finally caught him.

14                GOVERNOR CHILES:  Good morning.  I am pleased to 

15           introduce my Constitution Revision Commission 

16           appointees, and I'll ask them if they'd stand when I'm 

17           introducing them, while I'm introducing them.  

18                First is Clarence Edward Anthony.  Clarence is 

19           the mayor of South Bay.  He's an engineer by trade, 

20           and he served as president of the Florida League of 

21           Cities, is currently an officer of the League.  His 

22           real claim to fame is he's the father of Reidel.  

23                Our next appointee is Martha Walters Barnett.  

24           Ms. Barnett is a partner in the Holland & Knight law 

25           firm.  She's served on numerous boards, including the 

1           Human Relations Commission, the Ethics Commission and 

2           the Taxation and Budget Reform Commission.  

3                The next is the Honorable Thomas H. Barkdull, Jr. 

4           Judge Barkdull is the only person who will have served 

5           on all of the revision commissions that have met 

6           during our lifetime.  He might have been on the '85 

7           Commission, but he was on '68, '78 and will now serve 

8           on the present Commission.  Judge Barkdull recently 

9           retired from his long service as a judge of the Third 

10           Circuit Court of Appeals. 

11                Robert M. Brochin.  Bobby Brochin is a partner in 

12           the Morgan, Lewis & Bockius law firm.  Bobby served as 

13           counsel with me in the Governor's Office, served as my 

14           chief inspector general until 1993 when he returned to 

15           the private practice of law.  

16                Barbara Williams Ford-Coates.  Ms. Ford-Coates is 

17           the tax collector for Sarasota County.  She's already 

18           been active in constitutional revision through her 

19           services on committees on that subject within the 

20           Florida Tax Collectors' Association and the League of 

21           Women Voters. 

22                Ellen Catsman Friedin.  Ms. Friedin is a partner 

23           in the Akerman, Senterfitt & Eidson law firm.  She's 

24           been active in Bar activities and has served on her 

25           circuit's Judicial Nominating Commission as well as 

1           the Florida Bar and the Judicial Nominating 

2           Procedures Commission.  

3                William Clay henderson.  Clay is president and 

4           CEO of the Florida Audubon Society.  He served as the 

5           city engineer for the City of Edgewater and Oak Hill, 

6           was a member of the Volusia County Commission, and was 

7           a member of the governing board of the Florida 

8           Communities Trust. 

9                Jon Lester Mills.  Jon is the director of the 

10           Center for Governmental Responsibility at the 

11           University of Florida College of Law, served for ten 

12           years in the Florida House of Representatives and was 

13           Speaker from 1986 to 1988.  

14                Robert Lowry Nabors.  Bob is a partner in Nabors, 

15           Giblin & Nickerson.  He served as general counsel to 

16           Governor Graham, also served on the Growth Management 

17           Task Force and the Ad Hoc Work Group on Affordable 

18           Housing and the Florida Telecommunications and 

19           Taxation Task Force.  He is now an adjunct professor 

20           at Florida State University, where he teaches state 

21           constitutional law.  

22                Judith Byrne Riley.  Ms. Riley is a senior vice- 

23           president of Valparaiso Realty Company, serves as a 

24           member of Enterprise Florida Jobs and Education 

25           Partnership, chair of the National Association of 

1           Private Industry Councils, vice-chair of the Florida 

2           Council on the Status of Women, and is a member of the 

3           Northwest Florida Water Management District.  

4                Katherine Fernandez Rundle.  Kathy is the State 

5           Attorney for the 11th Judicial Circuit, which 

6           comprises Dade County.  She served as president of the 

7           Cuban-American Bar Association, a member of the 

8           Florida Association of Women Lawyers.  She served as 

9           Chief Assistant State Attorney to Janet Reno prior to 

10           her appointment and subsequent election.  

11                H.T. Smith.  H.T. is a lawyer in private 

12           practice.  He served as president of the National Bar 

13           Association from 1994 to 1995, knows something about 

14           boycotts.  

15                James Harold Thompson.  James Harold is a partner 

16           in the Ausley law firm here in Tallahassee.  He served 

17           as a member of Florida House from '74 to 1986, the 

18           last two years as Speaker.  He served as general 

19           counsel to the Gadsden County School Board and 

20           Tallahassee Community College.  

21                Steven Neal Zack.  Mr. Zack is a partner in the 

22           firm of Zack, Sparber & Kosznitsky, Spratt & Brooks.  

23           He served as special counsel to Governor Graham, a 

24           member of the Cuban-American Bar Association, served 

25           as president of the Florida Bar in 1989 and 1990.  

1                I've chosen two alternate members in the event 

2           any of the members I've appointed are unable to serve 

3           for the duration of the Commission's operations, and 

4           they are Lyra Blizzard Logan -- Ms. Logan is an 

5           attorney for the Florida Education Fund.  She serves 

6           as the first vice-president of the Equal Opportunity 

7           Board of Dade County.  She also has served as co-chair 

8           for the Community Relations Board and Small and 

9           Minority Business Advisory Council; and Ira Leesfield.  

10           Ira is a partner with Leesfield, Leigton & Rubio, 

11           serves as an adjunct professor for the University of 

12           Miami, served as chair for the Third DCA Judicial 

13           Nominating Commission, is presently serving on 

14           President Clinton's Council on Physical Fitness and 

15           Sports.  

16                Mr. Chairman? 

17                THE CHAIRMAN:  Thank you, Governor Chiles.  

18                Next I would like to move to the next appointer 

19           in order of constitutional order.  I would like to 

20           recognize the Speaker of the House of Representatives, 

21           the Honorable Daniel Webster, for the purpose of 

22           introducing his nine selections to the Commission.  

23                While the Speaker is coming to the podium, I 

24           would like to take this opportunity to publicly thank 

25           Speaker Webster for his assistance in the formation of 

1           this Commission.  His office and staff has provided 

2           the Commission with its office, and they have greatly 

3           facilitated the organization, particularly Sergeant 

4           Wayne Westmore has been most helpful at your 

5           direction, and we sincerely appreciate Speaker 

6           Webster.  

7                Speaker Webster? 

8                SPEAKER WEBSTER:  Thank you, Mr. Chairman.  

9                It's my pleasure to introduce the nine appointees 

10           that I have selected.  

11                First of all, Carlos Alfonso, Jr.  Carlos is from 

12           Tampa, Florida, born in Havana, Cuba.  He's an 

13           architect, president of Alfonso Architects.  He has a 

14           B.S. from the University of Florida and also a Master 

15           of Arts in architecture from the University of 

16           Florida, a licensed commercial multi-engine pilot and 

17           a Class A general contractor.  

18                Ken Connor.  

19                Maybe I should state your age, too.  Carlos is 

20           42.  

21                Ken Connor is 50 years old.  I just wanted to say 

22           it so I can say Dick Langley's age.  

23                Ken is from Tallahassee.  He's an attorney, a 

24           partner in Connor & Gwartney, has a J.D. from Florida 

25           State University with honors, and he's a 1990 

1           gubernatorial candidate.  

2                Chris Corr.  Chris is 33 years old.  He's from 

3           Maitland, Florida, in Orange County.  He works with 

4           Walt Disney Company in Walt Disney Imagineering where 

5           he's the senior manager.  He has a B.A. from the 

6           University of Florida.  He's attended the Harvard Real 

7           Estate Institute, the Wharton School of Business.  

8           He's a former member of the Florida House of 

9           Representatives.  

10                Valarie Evans.  Valerie is 47 years old.  She's 

11           from Orlando.  She's a housewife.  She's also an 

12           attorney.  She does pro bono adoptions.  She has a 

13           J.D. from Florida State University and she's a former 

14           high school teacher.  

15                Paul Hawkes, he's 40 years old.  He's from 

16           Crystal River in Citrus County.  He's an attorney and 

17           self-employed, much like the chairman used to be, has 

18           a similar contract with the Speaker to advise him as 

19           the chairman had advised the Governor.  He has a J.D. 

20           from Florida State University, a former member of the 

21           Florida House of Representatives and a former State 

22           Attorney from the Fifth Judicial Circuit.  

23                Dick Langley, 60 years old.  He's from Clermont, 

24           in Lake County.  He's a farmer and an attorney.  He's 

25           self-employed.  He has an L.L.D. from the University 

1           of Florida, formerly served as a member of the Lake 

2           County School Board, the Florida House of 

3           Representatives and the Florida Senate.  

4                Stan Marshall, 74 years old.  He's from 

5           Tallahassee, the chairman and CEO of the James Madison 

6           Institute, has a Ph.D. from Syracuse University.  

7           He's a former president of Florida State University.  

8                Jacinta Mathis, 40 years old, from the Speaker's 

9           district in Orlando.  She's an attorney with the 

10           Mathis law firm.  She has a J.D. from Florida State 

11           University.  She's on the executive board of the 

12           Greater Orlando Chamber of Commerce, a former member 

13           of the Judicial Nominating Commission and a member of 

14           the UCF Board of Directors. 

15                Paul West, 45 years old.  He's from Broward 

16           County, Fort Lauderdale, a real estate broker, owner 

17           of Freedom Industries, Incorporated, educated at 

18           Florida State University, received a B.A. from 

19           American Christian College.  

20                Those, Mr. Chairman, are my nine appointees.

21                THE CHAIRMAN:  Thank you very much, Mr. Speaker. 

22                Mr. West, I can't help but remark that you're a 

23           graduate of Leon High School and you're coming home, 

24           and that's not to single you out too much, but to also 

25           thank the Governor for not revealing the ages of his 

1           appointments.  Certainly Commissioner Marshall is the 

2           oldest here.  Judge Barkdull is glad to know that, of 

3           course, as am I.  

4                Continuing now in the order established in the 

5           Constitution, I want to recognize the Honorable Toni 

6           Jennings, President of the Florida Senate, the first 

7           lady to hold that job.  

8                Before President Jennings comes forward -- am I 

9           wrong?  I am wrong.

10                SENATOR JENNINGS:  Gwen is looking down on you.

11                THE CHAIRMAN:  Oh, Gwen --

12                SENATOR JENNINGS:  And you'll hear from her 

13           probably in about five minutes. 

14                THE CHAIRMAN:  Okay.  Well, one mistake's not too 

15           bad, Senator, Commissioner you are now.  

16                Before -- I do want to thank you, though, Senator 

17           Jennings for the great assistance that you and your 

18           staff have given us to get this under way.  You very 

19           graciously provided the Commission with your chambers, 

20           with the use of all the facilities that are 

21           available.  In addition, you have really helped us 

22           tremendously by authorizing Faye Blanton, your 

23           secretary, to be our secretary when we selected her 

24           for that purpose, and the Sergeant-at-Arms, Wayne 

25           Todd, to protect us as he has in the Senate.  Thank 

1           you for your help.  And because of your contribution 

2           to the Commission, we've been able to begin timely and 

3           efficiently even with just one mistake so far.  

4                Madam President, if you would introduce your 

5           selections to the Commission, we'll be most honored.

6               SENATOR JENNINGS:  I would be happy you to.  Thank 

7           you, Mr. Chairman, and we are pleased to provide you 

8           with the chamber.  We guarantee you that it will be 

9           cooler from now on.  In an effort to be frugal, of 

10           course, we in state government turn things off, and we 

11           turn off the air-conditioning during the summer over 

12           the weekends, and we forgot to remind them that we 

13           would have a group here early this morning, so when 

14           you first walked in, if you felt it was a little warm, 

15           it was just the beginning of all the hot air that will 

16           probably be exchanged around here. 

17                In alphabetical order -- and if you think I'm 

18           going to list ages, Mr. Speaker, I don't do that.  

19                Tony Argiz.  Tony is from Miami.  Tony is the 

20           managing partner-elect with Morrison, Brown, Argiz & 

21           Company, a CPA firm, of course, in Miami; is very 

22           active in the Cuban-American community.  When I called 

23           Tony and we discussed his appointment, he was telling 

24           me the story of coming to our country, living for a 

25           long time in Tampa without his family, growing up 

1           there in Tampa, and then eventually moving to Miami, 

2           and it's a story that I hope all of you will -- it's a 

3           story several in our group can tell, but it's a story 

4           I hope all of you will hear.  

5                Tony is the former chairman of the Florida Board 

6           of Accountancy.  He has held numerous positions with 

7           both the Florida Institute of CPAs and the American 

8           Institute of CPAs, and is one of the founders of the 

9           Kiwanis Club of Little Havana which originated the 

10           Calle Ocho Festival, and if you've been to Little 

11           Havana during Calle Ocho, you will know what I mean.  

12                My second appointee isn't here, and for those of 

13           you that know Senator Crenshaw, you'd say, well, 

14           that's about par for the course.  Ander is -- had a 

15           commitment out of the state over the weekend and will 

16           be with us either late this evening or first thing in 

17           the morning.  When we changed the date on him, he 

18           couldn't change the date to be with us.  

19                As you know, Ander Crenshaw was the first 

20           Republican president of the Florida Senate since 

21           Reconstruction.  He served during our split Senate.  

22           We had a 20-20 Senate in 1992 and '93, and we have the 

23           two pictures here.  Sentator Crenshaw served one year 

24           and Senator Thomas served the other.  

25                Senator Crenshaw now earns an honest living with 

1           the nationally recognized investment banking firm of 

2           William R. Huff out of Pinellas County.  

3                Marilyn Evans-Jones.  Marilyn represented Brevard 

4           County in the Florida House of Representatives for a 

5           decade.  Marilyn and I were elected the same year, in 

6           1976, and we have been friends before that and ever 

7           since.

8                During her time in the Legislature, Marilyn was 

9           the sponsor of the Safe Drinking Water Act, the Clean 

10           Indoor Air Act and numerous bills involving elderly, 

11           mental health and child safety, a -- just a committed 

12           legislator in all that she did.  

13                Marilyn was also the '86 candidate for lieutenant 

14           governor with then-Congressman Lou Frey, and Marilyn 

15           served on the Citizens Commission for Cabinet Reform 

16           in 1995.  

17                Marilyn is from Nassau County now, and I'm just 

18           so pleased that she can be with us during these 

19           deliberations.  She will bring a unique perspective.  

20                John Lowndes.  John's wife Rita was laughing, I 

21           said I've known John all my life, and that's just 

22           about the truth.  John and I have been friends -- I 

23           guess once you reach the age of adulthood you can then 

24           be friends with folks -- we've been friends for over 

25           30 years, and I'm just so pleased that John has agreed 

1           to give of his time to do this.  

2                John is the founding partner in Lowndes, 

3           Drosdick, Doster, Kantor & Reed, one of our area's 

4           largest -- probably is the largest law firm in 

5           Orlando, having 80 partner members.  He also is a 

6           partner in Greater Construction, one of the largest 

7           homebuilders in the central Florida area.  

8                John brings a unique perspective to everything we 

9           do.  He is a lawyer but he is a business lawyer, among 

10           other things, and I think that is an appropriate way 

11           to move forward.  

12                John has held leadership positions on the Orlando 

13           Museum of Art, and if you have not seen the tombs of 

14           China yet, I'll put in a plug for it, right, John?  I 

15           think the terra cotta soldier is still guarding my 

16           door over at the entrance to the Senate, so if you'd 

17           like a little preview of it, please come in and look 

18           at it.

19                He's also worked with the University of Central 

20           Florida, Winter Park Memorial Hospital, the Orange 

21           County Bar Association, and just recently was 

22           recognized by Junior Achievement of Central Florida, 

23           the Mid-Florida Business Hall of Fame, with its Spirit 

24           of Achievement Award.  John, thank you so much for 

25           giving of your time to do this.  

1                Frank Morsani.  Frank has had a lot of jobs.  

2           He's been a busy man.  Frank, as you know, is from the 

3           Hillsborough County/Tampa area, from Lutz.  All of us 

4           know where Lutz is, and Frank's previously been the 

5           chairman of the Board of Directors of the United 

6           States Chamber of Commerce.  He was a delegate to the 

7           White House Conference on Small Business.  He has been 

8           on the Small Business Administration Advisory Council, 

9           was a member of the Council on Foreign Relations, a 

10           director of the American Red Cross, chairman of the 

11           South Florida Endowment Fund for the University of 

12           South Florida, and just myriad other achievements, but 

13           first and foremost, Frank is a smart businessman, and 

14           I thought that was an important asset for us to have 

15           as we move forward, and I appreciate you giving of 

16           your time, Frank, to be with us.  

17                Carlos Planas.  Carlos operates the largest 

18           Chrysler dealership in south Florida, and I think 

19           that's important to say.  Among other things, Carlos's 

20           has been recognized as one of the largest Hispanic 

21           businesses in all of our country, in all the U.S.  He 

22           is president of the South Florida Automobile Dealers 

23           Association, is on the board of the Orange Bowl 

24           Committee, is a native of Cuba, and also came to our 

25           country and made it his own, and I'm just pleased to 

1           have Carlos with us today.  Thank you so much, Carlos. 

2                Senator Scott probably all of you know.  Senator 

3           Jim Scott was my predecessor as president of the 

4           Florida Senate.  We have served lo these going-on-22 

5           years.  Wow, it's a long time.  As you see, Jim is now 

6           resting in his place of honor up here.  He's up there 

7           but he's working down here, and he is going to be an 

8           integral part of all that we do.  

9                As you may have noticed, I felt it important to 

10           -- because it has been a long time, in a nonpartisan 

11           but a partisan way -- it was a number of years before 

12           we had a Republican president of the Senate, and I 

13           asked that the two previous ones serve with me on this 

14           Commission, so Senator Crenshaw and Senator Scott are 

15           here to lend that particular length of expertise and 

16           their knowledge to the process.  

17                Jim is a native of Kentucky, as he will remind 

18           you usually around Derby Day, and has held all the 

19           important positions in the Florida Senate and has been 

20           just a key leader in our state for a number of years 

21           and is my good friend.  

22                Chris Sullivan.  Chris many of you may already 

23           know.  Chris's background is in restaurant management 

24           and is a real innovator.  He was one of the original 

25           developers of Chili's and now the phenomenally -- I 

1           can't say that -- successful, the really successful 

2           Outback Steakhouse.  Chris is a general partner in the 

3           Tampa Bay Devil Rays and on the Board of Directors of 

4           the Florida Council of 100, the Tampa Bay Partnership, 

5           the Florida Chamber of Commerce and the Tampa Bay 

6           Performing Arts Center, and we're just real excited to 

7           have Chris with us as well.  Thank you so much.  

8                And last but not least is my alternate -- our 

9           alternate, Pat Barton.  Pat could not be with us today 

10           but will be with us as we continue our deliberations.  

11           Pat found out last week that she had to have a little 

12           surgery, and this is the week that they had scheduled 

13           it.  They needed to do it quickly, but it is -- she 

14           will be in good shape afterwards.  

15                Pat has held a number of positions dealing with 

16           drug abuse, alcohol and mental health.  She was one of 

17           the founding members of the National Federation of 

18           Parents for a Drug-Free Youth, Florida Informed 

19           Parents and Naples Informed Parents, which is a 

20           prototype parent group of the drug-free youth, and was 

21           also the vice-president of the National Federation of 

22           Republican Women.  

23                Mr. Chairman, we've got a lot of folks here who 

24           are ready to work.  Thank you.  

25                THE CHAIRMAN:  Thank you very much, President 

1           Jennings.  

2                I would like to say, Mr. Sullivan, did we all get 

3           a ticket that means we don't have to stand on the 

4           porch at the Outback?  

5                MR. SULLIVAN:  It depends on the operator.

6                THE CHAIRMAN:  Okay.  A very fine group, Senator 

7           Jennings, and -- Commissioner Jennings.  We're going 

8           to have to get used to calling each other 

9           Commissioner, because that's the way it is, and all of 

10           these titles are lost when you're in the chamber.  

11           Everybody is the same here, each Commissioner.  

12                The next appointing authority -- and I say that 

13           advisedly -- is the Chief Justice of the Supreme 

14           Court.  I call on the Honorable Gerald Kogan, Chief 

15           Justice of the Supreme Court of Florida, for the 

16           purpose of introducing his appointees to the 

17           Commission.

18                Chief Justice Kogan, soon to be Commissioner 

19           Kogan?  

20                COMMISSIONER KOGAN:  Thank you very much, Mr. 

21           Chairman.  

22                As you know, I received three appointments, one 

23           of which was myself.  By following after Senator 

24           Jennings, I thought it was a good idea, if I'm 

25           appointing somebody, I ought to be here myself.  

1                Let me introduce my two appointees.  First of 

2           all, Alan Sundberg.  Alan?  

3                Alan Sundberg is currently the General Counsel 

4           with Florida State University.  He was a partner in 

5           the law firm of Carlton Fields, one of the outstanding 

6           trial and appellate lawyers in the state of Florida.  

7           Alan was at one time in my position.  He's a former 

8           chief justice of the Florida Supreme Court.  I've had 

9           the pleasure of serving with him on numerous 

10           commissions and committees dealing with the law, 

11           dealing with Bar work.  

12                In addition to that, I've had the pleasure of 

13           sitting and listening to his arguments before the 

14           Court during the last ten and a half years that I've 

15           been on the Court, sometimes, Alan, ruling with you, 

16           other times ruling against you, which shows that, of 

17           course, my appointment of you to this particular 

18           position is completely impartial. 

19                Alan will be a tremendous asset.  In my opinion, 

20           he's one of the leading constitutional lawyers in the 

21           state of Florida.  Thank you, Alan.  

22                And last but not least, Gerald Wetherington.  

23           Gerald Wetherington is also a person that I've worked 

24           with for many, many years.  At one time he was my boss 

25           when I sat as a circuit court judge in Dade County.  

1           He was a circuit judge in Dade County for over 20 

2           years.  Ten of those years he served as the chief 

3           judge, and it's not an easy job riding herd over 90- 

4           some-odd judges the way you have to do if you have 

5           that position in Dade County, and I was privileged to 

6           work with him while on that court.  

7                He also is one of the leading constitutional 

8           authorities in the state of Florida and he has taught 

9           at numerous law schools, among which have been the 

10           University of Miami, Duke University, Hastings College 

11           of Law, and more recently this last semester in the 

12           South Texas College of Law.  

13                He is the senior partner in the law firm of 

14           Wetherington, Klein & Hubbard in Miami, and we welcome 

15           you to the Commission as well.  

16                Mr. Chairman, those are my appointees.

17                THE CHAIRMAN:  Thank you, Commissioner Kogan.  

18                I now would like to call on a former chief 

19           justice and currently the longest serving justice on 

20           our Supreme Court, a friend, a constitutional scholar 

21           who teaches the constitution at FSU Law School, has 

22           written many law review articles and is a member of 

23           the 1978 Constitution Revision Commission.  He sat 

24           next to me right where -- I sat where Ms. Rundle, 

25           Commissioner Rundle is sitting, and he sat where 

1           Commissioner Brochin is sitting, and as a result of 

2           that, I lost four straight cases in the Supreme 

3           Court.  He did not think that I treated him fairly 

4           while he was here, but he treated me fairly and he 

5           always has, and now he's a native of Green Bay, though 

6           he's been in Florida most of his life.  His wife 

7           Marilyn is one of our most charming residents of 

8           Tallahassee.  

9                Justice Overton, if you would please move down 

10           front and I believe your preference is that we swear 

11           in the members five at a time.  So we will call on you 

12           by rows to come up front so that a photograph can be 

13           made of the Chief Justice swearing each of you in.  So 

14           we will start with the row -- the first row on my 

15           right, which includes this group right here.  Would 

16           you please come forward and, if you would place them 

17           where they go there, Chief Justice?

18                JUSTICE OVERTON:  Face your other Commission 

19           members.  The rest of you take note as to how they've 

20           formed themselves.  

21                Would you raise your right hand and repeat after 

22           me.  I -- and state your respective names -- do 

23           solemnly swear or affirm that I will support, protect 

24           and defend the Constitution and the government of the 

25           United States and of the State of Florida, that I am 

1           duly qualified to hold office under the Constitution 

2           of the State, and that I will well and faithfully 

3           perform the duties of a member of the Constitution 

4           Revision Commission on which I am about to enter, so 

5           help me God.  

6                (Commissioners responded in the affirmative.)

7                JUSTICE OVERTON:  Congratulations. 

8                THE CHAIRMAN:  All right.  The next row, please, 

9           that would come up.  Incidentally, they will give you 

10           a form which is a written oath of office which we have 

11           notaries here to execute for you, and they will be 

12           passed out to you as you return to your seats.  

13                The next row coming up, Mr. Justice Overton is 

14           the one on your right.

15                JUSTICE OVERTON:  So you know what's going on, 

16           you have to sign your oaths, and they have notaries 

17           over there to sign your oaths.  

18                (Commissioners sworn.)

19                JUSTICE OVERTON:  Congratulations.  

20                THE CHAIRMAN:  Thank you.  Would you have the 

21           next row -- they're going this way, Judge, if we're 

22           going to avoid a traffic jam in the back.  Justice 

23           Kogan -- excuse me -- if Commissioner Kogan's row 

24           will please come forward?  

25                (Commissioners sworn.)

1                THE CHAIRMAN:  Commissioner Mills, would you 

2           bring your row forward, please?  

3                I think you better place Commissioner Sundberg in 

4           the middle.  

5                (Commissioners sworn.)

6                THE CHAIRMAN:  The next row, please, will be 

7           Commissioner Connor's row.  

8                (Commissioners sworn.)

9                THE CHAIRMAN:  All right.  The next group will 

10           -- let's see, Ms. Rundle, is it your group or have you 

11           already been?  I'd like to ask everybody in the 

12           chamber, it's perfectly fine to visit and move around 

13           when we're doing this, but would you please try to do 

14           it quietly, which I think is being done so far?  Thank 

15           you very much. 

16                (Commissioners sworn.)

17                THE CHAIRMAN:  Commissioner Butterworth's row I 

18           believe would be next.  The alternates should wait.  

19           They will be sworn separately.  Also, the two of you 

20           can come up, Commissioner Barkdull and Commissioner 

21           Lowndes, and that will -- and then, Commissioner 

22           Coates, you come on up.  We'll try to get six in this 

23           picture, and the alternates will come next 

24           separately.  Can you handle six, Judge?

25                JUSTICE OVERTON:  We can handle six.  We've got 

1           to take care of you, too.  

2                (Commissioners sworn.)

3                THE CHAIRMAN:  Now the alternates, please. 

4                Commissioner Thompson, would you take the chair 

5           while I go down and get sworn after this group, 

6           please?  

7                (Commissioners sworn.)

8                JUSTICE OVERTON:  Mr. Chairman, would you repeat 

9           after me, I -- and say your name -- do solemnly swear 

10           or affirm that I will support, protect and defend the 

11           Constitution and government of the United States and 

12           of the State of Florida, that I am duly qualified to 

13           hold office under the Constitution of the State and 

14           that I will well and faithfully perform the duties of 

15           Chairman of the Constitution Revision Commission on 

16           which I am about to enter, so help me God. 

17                THE CHAIRMAN:  I do.

18                Thank you, Commissioner Thompson. 

19                I'd appreciate it if everybody would take their 

20           seats and we will come back to order.  

21                Before we start with the presentations from the 

22           appointing authorities, I would like to deliver to you 

23           -- take the personal liberty of making a few personal 

24           comments and comments to the Commission as we start.  

25                First of all, I want to thank Governor Chiles for 

1           appointing this group of 15 that he appointed, and 

2           particularly I want to thank him for appointing me 

3           chairman of this group.  I've known Governor Chiles 

4           longer than we admit.  I've known he and Mrs. Chiles 

5           for well over 40 years, 45 years, and I can assure you 

6           that he is not only a friend, but he is one of the 

7           most honorable public servants that I've ever known, 

8           and I'm honored to have been appointed by him to this 

9           post.  I will try to make your selection a good 

10           judgment, Governor.  

11                Now that the distinguished authorities have 

12           presented their selections and been sworn to perform, 

13           and we've been sworn to perform this office, I want to 

14           say a few things in my role as chairman.  

15                First, I'll conduct the business of this 

16           Commission with impartiality and fairness.  All 

17           legitimate views will be given a full hearing so long 

18           as they are presented in a reasonable way in keeping 

19           with the rules of common courtesy and decorum.  

20                The committees appointed by me as chairman will 

21           be selected with the advice and counsel of a rules and 

22           procedures committee which will be composed of members 

23           from each appointing authority with no single group 

24           having a majority of that committee.  

25                I believe, as we become the Constitution Revision 

1           Commission of 1997-98, that that the thing we all 

2           share is to study and consider any needed improvements 

3           which will make us a collegial, impartial -- and I 

4           capitalize that word -- group.  We will find when we 

5           hold the public hearings, as the Constitution 

6           requires, that our understanding and appreciation of 

7           the vast variety of people, business, the land and 

8           environment, the religion and the hopes and fears of 

9           our fellow Floridians will mold us and lead us to the 

10           path for making the 21st century for Florida even 

11           better than we dream now that it will be.  

12                Parenthetically, I'd like to remark that much is 

13           said these days about diversity in selecting groups 

14           like ours, and this is indeed a diverse group, 

15           diversity as to religion, gender, race, political 

16           parties and geography.  While this is important before 

17           the group is selected, it is not after the group is 

18           installed.  We are all in the common pursuit of the 

19           same goal, perhaps in different ways, but that's the 

20           truth of the matter.  

21                For the job at hand, we're the ones to do it, and 

22           I'd like to illustrate a little by looking back to 

23           1787 -- I hate to go that far, but it's the best place 

24           to go -- to the U.S. Constitutional Convention held in 

25           the wicked city of the day, Philadelphia, and it was.  

1           It was lawless, it was unsanitized.  It was rife with 

2           gambling and drinking and all of the good things that 

3           the Quakers were said to have done.  

4                Our founding fathers were indeed fathers, and 

5           they were rich white males with a majority being 

6           lawyers.  Of the 55 delegates, four of them were owed 

7           money by the Continental Congress and 15 owned 

8           slaves.  They met in total secrecy in the hot summer 

9           with the windows boarded and packed with felt so that 

10           no word could be heard by, as it was stated by someone 

11           at the time, the rabble-rousing press.  Today we would 

12           call this entire setup intolerable, but out of this 

13           group came the greatest blueprint for freedom the 

14           world has known, the American democratic republic.  

15                The delegates accomplished such long-range goals 

16           that now we have a stable monetary system, universal 

17           suffrage, including granting women the right to vote, 

18           oh, just recently to some of us, in 1920.  My father 

19           was a freshman or a sophomore at the University of 

20           Florida then.  Due process we have, jury trials.  A 

21           person cannot be sent to jail without a jury 

22           convicting him.  That's different than many countries, 

23           and all citizens are the same before the law.  These 

24           are now our rights, which we take for granted. 

25                If they could do that as encumbered as they were 

1           with a lack of any diversity, save intellectual 

2           differences, we will be remembered not for our makeup 

3           but for our accomplishments, even though we're a truly 

4           diverse group.  I would like to quote Benjamin 

5           Franklin at the close of this great meeting.  He wrote 

6           this and had it read.  He was pretty old.  He was 

7           older than anybody here, I think he was in the 80s, 

8           and he had a delegate named Wilson read this to them.  

9           I'm only going to read part of it.  

10                He said, "Mr. President, I confess that there are 

11           several parts of this Constitution which I do not at 

12           present approve, but I am not sure I shall never 

13           approve them, for, having lived long, I have 

14           experienced many instances of being obligated by 

15           better information or fuller consideration to change 

16           opinions even on important subjects which I once 

17           thought right but found to be otherwise.  It is 

18           therefore that the older I grow, the more apt I am in 

19           doubt of my own judgment and to pay more respect to 

20           the judgment of others.  Most men, indeed as well as 

21           most sects and religions, think themselves in 

22           possession of all truth, and that wherever others 

23           differ from them, it is so far error.  Though many 

24           private persons think almost as highly of their own 

25           infallibility as of that of their  sect, few express 

1           it so naturally as a French lady who, in a dispute 

2           with her sister, said, 'I don't know how it happened, 

3           sir, but I meet with nobody but myself that is always 

4           right.'  

5                "In these sentences, sir, I agreed to this  

6           Constitution with all its faults, if there are such, 

7           because I think a general government is necessary for 

8           us, and there is no form of government but what may be 

9           a blessing to the people if well administered, and 

10           believe further that it is likely to be well 

11           administered for a course of years and can only end in 

12           despotism as many other forms have done before it when 

13           the people shall become so corrupted as to need 

14           despotic government, being incapable of any other.  I 

15           doubt, too, whether any other convention we can obtain 

16           will be able to make a better Constitution." 

17                Incidentally, when he -- this is not all of 

18           that.  There was about four or five more paragraphs of 

19           it, but when he finished and they were sitting there 

20           and they were voting and deciding then to go -- all go 

21           up and sign this document, he turned to the fellow 

22           next to him and said, "I've been sitting here through 

23           this whole thing, and there's a picture of the sun 

24           that I keep looking at behind the president," and he 

25           said, "Like most painters, they can never distinguish 

1           between a rising sun and a setting sun," and he said, 

2           "I've been sitting here the whole time wondering which 

3           way this sun was moving."  And he turns to him and he 

4           says, "I am now convinced that it is a rising sun," 

5           and indeed it was.  

6                I hope when we end our task that we can echo 

7           these words of Dr. Franklin about considering the 

8           views of others and by accepting things that we may 

9           not agree with, by changing our mind upon 

10           consideration, but be assured as your chairman I am 

11           going to try my best to do what is right for this 

12           group and for the people of Florida and to be 

13           honorable and fair after receiving input from you on 

14           all phases of my chairmanship.  Together we can and I 

15           feel certain will offer a well considered final 

16           product.

17                Now, with these remarks, I'm indeed privileged to 

18           ask for some remarks from some people who have a great 

19           perspective of what's right for the people of Florida, 

20           whether we agree with them or not, and I would like to 

21           first call on Governor Lawton Chiles to present 

22           remarks to the Commission.  

23                Incidentally, we are running exactly on time. 

24                Governor Chiles, you may come up here if you'd 

25           like or y'all may speak from -- whichever you prefer.  

1           You can either speak from there or up here.  

2                GOVERNOR CHILES:  You did have to mention that 

3           about time just as I came up, that we were on time.  

4                I thank you, Mr. Chairman, and Commissioners.  

5           I'm delighted to be here as you launch your work for 

6           the Constitution Revision Commission.  

7                Napoleon once said that constitutions should be 

8           short and vague.  I guess that's because he appointed 

9           all the judges so he could take out the vagaries in 

10           that time.  

11                Florida's Constitution is a living document that 

12           provides a strong framework to address the hopes, the 

13           wishes and the dreams of our state's citizens.  In 

14           President Washington's farewell address, he said, "The 

15           basis of our political system is the right of people 

16           to make and to alter their constitutions of 

17           government."  How true.  Constitutions must be 

18           flexible.  They must be capable of changing to meet 

19           the needs of a new generation of Floridians.  

20                Our Constitution also has to reflect our ideals 

21           as well as our goals.  Your task is to conduct a 

22           review and to recommend changes that need to be made.  

23                I had an opportunity to serve on the 1968 

24           Revision Commission.  This was the first comprehensive 

25           revision of the Constitution since 1885.  We saw that 

1           the needs of our state had changed much since the 19th 

2           century and we set out to bring our Constitution, with 

3           Florida, out of the late 20th century.  

4                You have an historic opportunity to shape a 

5           document that addresses the Florida of a new 

6           millenium.  This Constitution Revision Commission 

7           certainly can learn a lot from the past efforts.  The 

8           1978 Commission marked the last time that we reviewed 

9           our Constitution.  Chairman Douglass served on that 

10           Commission as well as Judge Barkdull.  

11                Back in '78 the Commission had an ambitious set 

12           of reforms.  It proposed some 59 changes and seven 

13           different amendments.  Among those recommendations 

14           they would eliminate an elected cabinet and replace 

15           the state Board of Education with a nine-member 

16           citizens' board, included sex as a protected class 

17           under the declaration of rights, provided an appointed 

18           Public Service Commission, provided for merit 

19           selection and retention of trial judges, established 

20           the right to privacy.  

21                A number of those things later passed, but we 

22           know that the good work of the '78 Commission came to 

23           naught because it was turned down.  There were too 

24           many proposals, and we had just reviewed the 

25           Constitution in 1968.  

1                I trust that we will learn by that former 

2           experience.  The '78 proposals did reflect the 

3           optimism of the public.  I'm not sure that we still -- 

4           we sit with a public that is quite as optimistic 

5           perhaps as it was in '78, but these are hurdles that 

6           the Commission must clear. 

7                In the '78 Commission, it was thought that we 

8           needed an overhaul of government.  I think maybe we'd 

9           be better off to work on a tuneup.  I want to see the 

10           Commission be able to do some good work.  I think that 

11           work needs to be focused.  

12                I'd like to suggest just two things that I hope 

13           you will address.  One is the initiative process, 

14           support allowing citizens to gather signatures and 

15           place issues before the people.  I support that, but 

16           I'm concerned about the number of groups trying to buy 

17           their way onto the ballot.  Our government is one of 

18           the people and for the -- by the people and for the 

19           people, not one of the dollar, by the polls and for 

20           the big money special interests.  I think our 

21           Constitution reflects that.  

22                When we placed the citizen initiative selection 

23           into the Constitution -- and we did that in '68, and I 

24           was a member of the group that did that -- we never 

25           imagined that people would pay to put initiatives on 

1           the ballot.  We never imagined that there would be the 

2           kind of propositions that would come before us under 

3           special interests that would be able to set those up.  

4           This practice flies in the face of what representative 

5           democracy is all about.  

6                In a representative democracy, we elect officials 

7           to act on behalf of the people.  That's an important 

8           concept for us to understand.  In discussing the 

9           importance of representative democracy in the 

10           constitutional convention of 1787, Alexander Hamilton 

11           said, "Real liberty is neither found in despotism or 

12           the extremes of democracy but in moderate 

13           governments."  The framers of the U.S. Constitution 

14           knew the value of representative democracy. 

15                We can't and shouldn't put every issue to a vote 

16           of the people.  It undermines the framework of 

17           representative democracy.  It weakens the 

18           Legislature.  It is bad for the state and the country.

19                Another issue that I hope the Commission will 

20           tackle is the structure of the executive branch of 

21           government.  In 1995, we empaneled a citizens' 

22           commission on Cabinet reform.  Governor Askew chaired 

23           that commission, which was a good, bipartisan 

24           commission with representatives of both parties 

25           meeting on that.  That commission looked at a number 

1           of items designed to make the executive branch serve 

2           the people better.  It presented many worthwhile 

3           ideas to streamline and simplify the Governor and 

4           Cabinet's duties. 

5                Being constitutionally prohibited from seeking 

6           another term, this doesn't affect me.  It does impact 

7           on the people of Florida.  I hope you will take a hard 

8           look at the Askew Commission's work and improve the 

9           Governor and Cabinet system.  

10                Each you have a number of ideas about what needs 

11           to be changed in our Constitution.  There are 

12           certainly more items that I could list to you this 

13           morning that I'd like you to review, but this is a 

14           long process, and today is just the beginning.  

15                You have a major responsibility.  Your work in 

16           the coming months will be difficult.  It will be long, 

17           but it will also provide you an opportunity to know 

18           and to serve the people of the state of Florida.  I'm 

19           confident that it will be something that you will look 

20           back on and say that you're proud that you had an 

21           opportunity to make this service.  I trust it will be 

22           a rewarding experience, and I thank you for giving 

23           your time and energies to this endeavor.  

24                Thank you, sir.  

25                THE CHAIRMAN:  Thank you very much, Governor.  

1                Our next speaker in order of the appointing that 

2           they did, I would like to call on again the second 

3           lady president of the Senate who is, however, the 

4           first Republican lady president of the Senate, the 

5           very outstanding president who served so well in her 

6           first term that's made these appointments, and is one 

7           of our Commissioners for which we're indeed very 

8           thankful that you chose that choice.  Commissioner 

9           Jennings, would you please come forward?

10                COMMISSIONER JENNINGS:  I just say it feels more 

11           comfortable being up here.  

12                It's wonderful to look out and see your faces, 

13           see your energy, see your expertise that you are going 

14           to share with each of us.  We have a fairly daunting 

15           task ahead of us, if you think about it.  We are going 

16           to evaluate the very foundation upon which all of our 

17           laws are built, and when you think about how you build 

18           a house or you build a building, the foundation is the 

19           solid part of it.  You may change, you may add on, you 

20           may even demolish and start again, but usually the 

21           foundation remains the same, and I think first and 

22           foremost we should not be predisposed to change.  

23                Just because the Constitution says we will have a 

24           Constitutional Revision Commission every 20 years, 

25           because we are here we should not immediately believe 

1           that it is important to change that basic document.  

2           That being said, we also want to make sure that we 

3           look at all of those ideas that come before us and 

4           make sure that we adopt a document that can last for 

5           another two decades and on into the future.  I think 

6           that's what your chairman was saying as we were 

7           talking about our the founding fathers, if we think 

8           about the intellect, the foresight that it took to 

9           prepare us for where we are today in our U.S. 

10           Constitution.

11                First and foremost, that document should include 

12           our shared beliefs that move us forward and eliminate 

13           anything that holds us back.  Think about what this 

14           state was like 20 years ago when we did this before, 

15           and 20 years sounds like such a long time until 

16           Senator Scott and former Represenative Evans-Jones and 

17           former Senator Langley and I remember that we were 

18           here.  We were not part of the Commission, but we were 

19           here, and we hope we're somewhere still around 20 

20           years from now.  

21                But 20 years ago we were the eighth largest 

22           state, not the fourth as we are today.  Our population 

23           was somewhere in the neighborhood of nine million 

24           people, it is now fourteen, and if we are to believe 

25           the Census Bureau, by 2015, right before we get ready 

1           to do this again, we will be the third largest state 

2           in the nation.  

3                If someone had asked me 20 years ago about my 

4           home page, I would have thought perhaps they were 

5           talking about a book with pictures of my house in it.  

6           Think of what technology has done for us.  We were 

7           discussing that earlier, and as we think about these 

8           changes, we need to prepare ours to look forward, and 

9           this is the vision -- sometimes we in the Legislature 

10           do well to look to the next year.  When you think we 

11           are looking two decades ahead, that is a true vision 

12           that we are asking you to share and to find for us as 

13           we approach this task, just where we may be.  

14                Twenty years ago, 17 percent of our population 

15           was over the age of 65 here in Florida.  Today, a 

16           fifth of our population is over the age of 65, and 20 

17           years from now it is said that one in four will be 

18           over the age of 65.  Just that one tangible part as we 

19           look to the future could change a great deal of our 

20           perspective.  

21                Tomorrow we'll discuss the rules, and in thinking 

22           about that, I have a couple of suggestions.  The last 

23           year in the Florida Senate -- well, for a number of 

24           years, but in the last year especially, we have tried 

25           to focus on what we call smart government.  Now, there 

1           are those that say that's an oxymoron to say smart 

2           government, but we've tried to focus on deliberative 

3           democracy, and for us in the Senate that meant maybe 

4           doing things a little bit differently, quitting on 

5           time, not coupling many issues together in what we 

6           call trains, taking a diverse amount of issues and 

7           putting them in the one bill and moving them on, 

8           rolling bills over to the next day when we've amended 

9           them so that we will have the time to look at them and 

10           debate them.  And I think, as I look at what we will 

11           be doing, Mr. Chairman, that brings me to the thought 

12           that there are some of those things we should share 

13           here with this group.  

14                The issue of single subject I think should be 

15           very important to us as we debate.  We found -- and 

16           the Governor mentioned it -- that in the last Revision 

17           Commission nothing passed.  Now, there are lots of 

18           reasons as to why, other than the people just didn't 

19           think we needed those kind of changes, but again, if 

20           we make sure we provide a single, easy-to-understand 

21           subject, instead of coupling things together, that 

22           might be the best thing of all.  

23                As we look at our body -- and we have here a 

24           chairman who is fair and good and honest and 

25           understands the need to build consensus and to have 

1           all of us involved.  I think we need to make sure that 

2           we spread the power amongst us, and the chairman and 

3           have I talked about that, and I know that's importnt 

4           to him as well.  

5                And as we look at the issues, it is almost 

6           superfluous to say we need to concentrate on those 

7           issues that should be in the Constitution.  The last 

8           four years -- and you all know there are other ways to 

9           amend the Constitution:  The Legislature may put those 

10           issues on the ballot by an extraordinary vote of the 

11           Legislature, the initiative petition method that the 

12           Governor mentioned, and what we are doing here today.  

13           In the last four years of the Legislature there have 

14           been 121 resolutions to change the Constitution.  Some 

15           of them have passed both houses.  Five of them, only 

16           five, have actually passed in the last four years.  I 

17           think that should tell us something.  

18                In the last 20 years, there have been 

19           approximately 87 that have actually been on the 

20           ballot.  Sixty-one of those have passed.  Today we 

21           have 29 initiative petitions, petition initiatives 

22           before us.  Some the court has before them right now 

23           on that single subject issue.  They are of such 

24           monumental matters as should denture treatment be able 

25           to be provided by denture technicians only, or what 

1           are the holidays -- which holidays should state 

2           workers have.  

3                I submit to you that those are not the kinds of 

4           issues that need to be in the foundation of all that 

5           we have here before us.  If we think about building up 

6           from the ground, we remember where we want those 

7           strongest, broadest issues, and that is in that 

8           foundation.  

9                So some say we should be cautious and some say we 

10           should be bold, and I guess I share with you that 

11           whatever we do, we should be smart and we should be 

12           deliberative and everything that we do should only 

13           have the goal to move our state ahead for the next two 

14           decades.  

15                Thank you, and thank you for the opportunity of 

16           being able to serve with you.  

17                Mr. Chairman?

18                THE CHAIRMAN:  I was thinking when I was 

19           listening to you that -- Justice Overton will remember 

20           this because he was on the style and drafting 

21           committee -- I supported a different ballot 

22           configuration than we had in '78, and I was supported 

23           only by one other Commissioner, who happened to be 

24           Governor Collins, and we felt that you could group 

25           them like they did, but we should have a separate, if 

1           we needed it, paper ballot which dealt with each 

2           single issue, and it was decided since we had those 

3           old voting machines in those days where you couldn't 

4           put everything on the ballot, they'd go with the 

5           grouping, but having been around as you have, when you 

6           group matters, you destroy the integrity of the 

7           ballot, in my opinion, if you group too many.  I mean, 

8           you can group some things, perhaps, that have to go 

9           together, and so I share your views on that subject, 

10           and I think, as we go along, we will see that whatever 

11           we have, that we will have a vote by the people on 

12           what we are proposing, not that you have to take this 

13           or that in order to get this, which we see, and the 

14           Governor's very familiar with.  He's presented with a 

15           bill he very much favors but with an amendment he very 

16           much opposes.  We're all very familiar with that.  

17                I didn't mean to respond, but I thought your 

18           remarks were very appropriate.  

19                I would like to now call on our Speaker, Mr. 

20           Daniel Webster, if he would come forward please and 

21           give us his remarks.  Speaker Webster?

22                SPEAKER WEBSTER:  Thank you, Mr. Chairman and 

23           Commissioners.  This is my last shot.  I don't get to 

24           stay like the Chief Justice and the Senate President, 

25           but I have three things I'd like to bring to your 

1           attention today, and this will be the last word you 

2           hear from me.  

3                First of all, I'd like to tell you one thing 

4           about how I selected the CRC appointees.  When I first 

5           became a member of the Steering Commission, in the 

6           first meeting there was a video shown presenting an 

7           announcement to the public that the Constitution was 

8           going to be revised and that we needed to be involved, 

9           and it asked me to be informed that actually this 

10           process took place every 20 years.  It was an idea and 

11           a way to inform the public.  However, there was one 

12           message that I noticed through the video that I though 

13           was a little bit discomfiting, and that was it gave, I 

14           guess, the perception that the Constitution needed to 

15           be revised, and I felt like maybe that was something 

16           we wouldn't want to tell the public, and I guess we 

17           went back and the chairman got the Constitution out -- 

18           maybe it was Judge Barkdull -- somebody read it, and 

19           it said that -- I think the basis was that only if 

20           needed would the Constitution Revision Commission 

21           suggest changes to the Constitution.  

22                From that I came up with a question to ask 

23           people, once I whittled my list down to a group of 

24           people, especially the lawyers, I wanted to ask, and I 

25           asked them the question:  "What do you think of the 

1           Florida Constitution?"  I remember that was the first 

2           question I asked when I called Ken Connor and he had a 

3           quick, rapid response, and it was a good response.     

4                Some said that it's a flawed document.  Some said 

5           it might need some changes here, there, I have this 

6           pet peeve or that pet peeve about it, but I loved his 

7           answer, and I can't remember exactly what he said, but 

8           he said it was a sound document.  I do remember that, 

9           and I believe that, and that was the answer I was 

10           looking for, and it has served us well and it does 

11           contain the basic principle of law.  That was the 

12           answer I was looking for, people that gave an answer 

13           similar to that when I spoke with them over the phone 

14           or in person.  

15                And the other thing that was said by some was it 

16           should not contain substantive law.  That's left for 

17           the Legislature, and I would challenge you to leave it 

18           that way. 

19                Then the second thing which has already been 

20           mentioned are the rules.  I think they're the basis of 

21           operation.  I think they're a document that defines 

22           the process for me.  I was, 16 years of my 17 years in 

23           the House, I was in the minority, I was on the back 

24           row.  Actually James Harold and Jon Mills are here, 

25           they moved from a position similar to where they are 

1           to the front.  I moved all the way from the back row 

2           to the front, and so I observed the operation of the 

3           House maybe a little bit differently than even they 

4           did when they were here.  I saw a pyramid of power 

5           which I wanted to push down and spread out.  I wanted 

6           to involve as many members as possible into the 

7           process, and I would encourage you with your rules to 

8           do the same.  

9                I had a very strong desire to include anyone who 

10           wanted to be player.  Everyone who -- as has been 

11           mentioned, there is diversity on this Commission, and 

12           every one of you have certain abilities and 

13           capabilities and thoughts, and I think all of those 

14           thoughts need to be brought to the table at one time. 

15                I would also encourage you to include in the 

16           rules not just the provision for open meetings, but 

17           even more specifically, there ought to be accurate and 

18           specific announcements of when the meetings would be 

19           held, but not only that, but what would be discussed, 

20           and there would be opportunities to receive the 

21           documents before the discussion takes place on 

22           proposals and amendments to those proposals, and I 

23           would encourage you to place those in the rules.  

24                Then third is the basis for the CRC.  Review 

25           carefully, review rigorously, but revise cautiously.  

1           Maybe the best revision is no revision. 

2                THE CHAIRMAN:  Thank you very much.  

3                And, Commissioner Kogan, if you would please come 

4           to the podium and give us your wisdom, sir?  

5                COMMISSIONER KOGAN:  Mr. Chairman, I hope I can 

6           impart some words of wisdom, but, as you know, when 

7           you follow everybody else and you're the last speaker 

8           for the day or at least for that particular section, 

9           sometimes everything has been said before you get 

10           here.

11                There are certain things, however, I want to call 

12           to your attention.  First of all, let's remember that 

13           the Constitution that we're talking about is the 

14           organic law of this particular state, and from that 

15           everything else springs, and consequently, it's our 

16           duty to look at that very cautiously, very carefully. 

17                One of the things that we might consider, and 

18           that is the possibility of streamlining some of the 

19           things that are now in the Constitution.  I think 

20           President Jennings touched upon some of the 

21           initiatives that have come up.  Well, unfortunately, 

22           some of those initiatives over the years have made it 

23           onto the state Constitution, and there are such things 

24           in there as gill nets and how we use them for fishing 

25           and things of that nature which really are not the 

1           organic law of the state of Florida.  Essentially 

2           that's the law that should be left in the hands of the 

3           state Legislature in their wisdom to decide, and these 

4           are things that we certainly ought to look at, along 

5           with others that I will not mention at this time, but, 

6           of course, we will be discussing as we go along.  

7                The important thing in my looking at any document 

8           that is a Constitution are two things:  Number one, 

9           how we define the powers of government in that 

10           particular document, what it is that government has 

11           the power to do and what it is that the government 

12           should not have the power to do; and secondly, what 

13           are the rights of our citizenry, what rights do we say 

14           that our citizens have, and what rights do we reserve 

15           to the State, itself?  And these are things for us to 

16           consider and look at very, very cautiously.  

17                I found it very interesting when you were talking 

18           about, Dexter, the grouping of things on the ballot.  

19           This is something that we deal with all the time in 

20           our court.  We call it the single subject matter, and 

21           that's the whole purpose of single subject.  You can 

22           take three or four different items and group them 

23           together, but the problem with that is, when somebody 

24           looks at that, they may be in favor of three of those 

25           but opposed to the fourth and automatically they'll 

1           say, "I have no choice but to vote down because I 

2           don't like the fourth one, although I like three."  So 

3           I think that's something that we have to consider, 

4           putting these things on the ballot as single subject, 

5           single issues to let people take a look at. 

6                I also say that because we are a Commission, that 

7           doesn't mean that it's necessary for us to go ahead 

8           and in fact do a complete overhaul of the state 

9           Constitution.  If it's not called for, let's not do 

10           it.  Let's address those things that we feel need to 

11           be addressed and not just meet here for the purpose of 

12           changing everything.  

13                And one final word that I'd like to add to all of 

14           this, and that is, remember now that this is not 

15           something that we are doing together along party 

16           lines.  No one should take a party line.  No one 

17           should take a particular stand because their 

18           particular political party or affiliation demands 

19           they take such a stand.  

20                We are here for the purpose of putting together a 

21           Constitution for the people of the state of Florida, 

22           and their best interests are our best interests.  Our 

23           political party affiliations should be put aside.  

24           That's not why we are here.  We are here to put our 

25           collective minds together to produce a document that 

1           we believe will best serve this state in the future.  

2                One of the things we talk about -- and this is 

3           the last item I want to discuss with you -- on our 

4           court's collegiality, we have seven people on the 

5           court who come from different backgrounds, many 

6           different philosophies, political and otherwise, but 

7           yet we have to deal with each other on a day-to-day 

8           basis and therefore we adopted a doctrine of 

9           collegiality.  

10                Collegiality is very, very simple.  It means 

11           this.  It means that we get together and we agree that 

12           we can disagree with each other but in an agreeable 

13           manner, so if all of us keep that in mind and we 

14           realize that we are agreeing to disagree on different 

15           points with each other but yet in an agreeable manner, 

16           then I'm sure we will establish a Constitution or 

17           revisions that we can be proud of, that the people of 

18           this state can be proud of, and offer them a real 

19           choice when they go to the ballot box in November next 

20           year.  

21                So, Mr. Chairman, I thank you again for allowing 

22           me to speak to everyone, and I'll turn it back to you.

23                THE CHAIRMAN:  Thank you very much.  

24                I would at this time like to introduce a few 

25           people before -- we're a little ahead of schedule and 

1           this is the way I hope that we can run our Commission, 

2           that we can stay on track and get things done, 

3           Senator, like you did, and Mr. Speaker, like you did.  

4           I took that to heart.  You did a great job.  

5                First I would like to ask you the privilege of 

6           introducing my wife.  She's put up with me for -- 

7           well, we're going into 42 years.  I married her when 

8           she was just a little girl, but we met at the 

9           University of Florida and when I was a senior in law 

10           school, and I fell in love with her, and she's put up 

11           with me.  My wife, Therese.  

12                And one of the products of our love is with us 

13           today, my youngest daughter, who runs the office in 

14           the Justice Department very strongly, in Washington, 

15           D.C.  My daughter Lee Douglas.  

16                I thank for you indulging me in that moment.  

17                I would like to also now present to you the 

18           people that will -- that I am recommending will be our 

19           staff and who will direct our activities so you will 

20           know them.  

21                First of all, I would like to call on -- or to 

22           rise and be recognized or come forward, Mr. Billy 

23           Buzzett.  Mr. Buzzett has served as the executive 

24           director of the Article V Revision Commission.  You 

25           can come out front where they can see you, Billy.  And 

1           I think Senator Scott and others would recognize that 

2           he was the most efficient person we ever had in that 

3           job, and he had I think $280,000, and when he 

4           finished, he had $100,000, which is unheard of in 

5           these things.  So we believe he will serve us well.    

6                Billy?  

7                And also the secretary of the Senate who we hope 

8           to designate, at the pleasure of the President of the 

9           Senate, secretary of the Commission, Faye Blanton.     

10                 Faye, would you please stand?  

11                Faye, incidentally, 20 years ago sat up here, 

12           around there.  She served as the staff person for the 

13           Senate who staffed the '78 Commission.  So I'm 

14           delighted to see her back.  She looks just as young 

15           and pretty now as she did then, and we're delighted to 

16           have her expertise and quality.  

17                Also the Sergeant-at-Arms, Wayne Todd, in the 

18           back, he is responsible, along with his people, those 

19           of you who are familiar with the Senate know that he's 

20           a no-nonsense, as are his assistants, in conducting 

21           order and decorum.  

22                Also I would like to introduce Debbie Kearney, 

23           who is over here.  Most recently Debbie's General 

24           Counsel in the Governor's legal staff, where she did 

25           all the work that I didn't do, which was most all of 

it, and I'm delighted to have her over here.  

I have been castigated by the Governor for taking 

3           her, but I didn't.  She wanted to come and we're just 

4           very, very fortunate to have somebody with her 

5           background.  She was also in the General Counsel's 

6           Office for Governor Martinez, and she's a very 

7           professional, able and competent lawyer and will serve 

8           us well.  

9                We have two other staff members, and that's about 

10           it.  Sue Ellen Cone, who is back in the back, has 

11           served me well as the assistant in the legal office 

12           for a number of years.  She's probably been more 

13           involved in the judicial appointments than anybody 

14           else connected with our office, and she's well-known 

15           throughout the state for that purpose, and I'm 

16           delighted to have her.  

17                The Governor personally -- really, he never said 

18           anything real bad to me, but when he found out Sue 

19           Ellen was going with me, we were in an airplane flying 

20           somewhere, and he threatened to throw me out of the 

21           airplane.  So that's how valuable she is.  

22                And Jay Peterson, who is replacing me, coming out 

23           of retirement, almost didn't because I took Sue Ellen. 

24                Lynne Imhoff, who is a Billy Buzzett's major 

25           assistant, comes to us from the House of 

1           Representatives where she has served for a number of 

2           years and is quite well-versed in all the matters that 

3           we'll be dealing with.  She will be one of our very 

4           principal people involved in this.  

5                So that would be those that would be our staff, 

6           and we don't believe -- we might have to have some 

7           others but not on any permanent basis.  

8                I would like to also point out as Faye just 

9           reminded me, that like her in 19 -- like she did in 

10           1978, a number of the Senate staff will be backing us 

11           and serving in this room as they are right down here 

12           now over here.  They keep us straight.  They do the 

13           bill drafting.  They engross them.  Their committee 

14           staffs are available for you for backup support, and 

15           I can't tell how much -- I keep saying this, Senator 

16           Jennings, but we really -- without these wonderful 

17           things that are being provided, we probably would not 

18           be able to function very well.  

19                Now, we're ahead of schedule, and as most of you 

20           know, we do have a luncheon scheduled at noon on the 

21           22nd floor of the Capitol, and we'll be going there 

22           from here, and it is a lunch where we will have seats 

23           and be seated and have an opportunity to socialize and 

24           get to know each other a little better before we come 

25           back.  

1                We're going to, with the permission of the group, 

2           come back at 1:15 -- let me see, is that correct?  

3           Yes, at 1:15, instead of 1:30 as it might appear on 

4           your agendas, and we can go from here to there.  

5                Also, I would like for those staff people I named 

6           to please join us for lunch.  

7                If there is nothing else at the moment, Judge 

8           Barkdull, I would entertain your motion, sir.  

9                COMMISSIONER BARKDULL:  I move we recess until 

10           the hour of 1:15.

11                THE CHAIRMAN:  All in favor say aye.

12                Opposed, like sign. 

13                Carried.  

14                See you at lunch. 

15                (Lunch recess.)

16                THE CHAIRMAN:  All right.  The Commission will 

17           please come to order.  All those who are not seated, 

18           please try to find your seats.  

19                Will the secretary please call the roll? 

20                Incidentally, this will be set up for electronic 

21           voting later, and they've been working on it, but -- 

22           they have everybody's name up there, but we will learn 

23           how to do that at another meeting and our President of 

24           the Senate will tell us how to do it.  

25                SECRETARY BLANTON:  Alfonso.  

1                COMMISSIONER ALFONSO:  Here.  

2                SECRETARY BLANTON:  Anthony.  

3                COMMISSIONER ANTHONY:  Here.  

4                SECRETARY BLANTON:  Argiz.  

5                COMMISSIONER ARGIZ:  Here.

6                SECRETARY BLANTON:  Barkdull.  

7                COMMISSIONER BARKDULL:  Here.  

8                SECRETARY BLANTON:  Barnett.  

9                COMMISSIONER BARNETT:  Here.  

10                SECRETARY BLANTON:  Brochin.  

11                COMMISSIONER BARNETT:  Here.

12                SECRETARY BLANTON:  Butterworth.  

13                Connor.  

14                Corr.

15                COMMISSIONER CORR:  Here. 

16                SECRETARY BLANTON:  Evans. 

17                COMMISSIONER EVANS:  Here.  

18                SECRETARY BLANTON:  Evans-Jones.

19                COMMISSIONER EVANS-JONES:  Here.  

20                SECRETARY BLANTON:  Ford-Coates.

21                COMMISSIONER FORD-COATES:  Here.  

22                SECRETARY BLANTON:  Friedin.

23                COMMISSIONER FRIEDIN:  Here. 

24                SECRETARY BLANTON:  Hawkes.

25                COMMISSIONER HAWKES:  Here.  

1                SECRETARY BLANTON:  Henderson. 

2                COMMISSIONER HENDERSON:  Here.  

3                SECRETARY BLANTON:  Jennings.

4                COMMISSIONER JENNINGS:  Here.  

5                SECRETARY BLANTON:  Kogan.

6                COMMISSIONER KOGAN:  Here.  

7                SECRETARY BLANTON:  Langley.

8                COMMISSIONER LANGLEY:  Here.  

9                SECRETARY BLANTON:  Lowndes.  

10                Marshall.

11                COMMISSIONER MARSHALL:  Here.  

12                SECRETARY BLANTON:  Mathis.

13                COMMISSIONER MATHIS:  Here.

14                SECRETARY BLANTON:  Mills.

15                COMMISSIONER MILLS:  Here.

16                SECRETARY BLANTON:  Morsani.

17                COMMISSIONER MORSANI:  Here.

18                SECRETARY BLANTON:  Nabors.

19                COMMISSIONER NABORS:  Here.

20                SECRETARY BLANTON:  Planas.

21                COMMISSIONER PLANAS:  Here.

22                SECRETARY BLANTON:  Riley.

23                COMMISSIONER RILEY:  Here.

24                SECRETARY BLANTON:  Rundle.  

25                Scott. 

1                COMMISSIONER SCOTT:  Here.

2                SECRETARY BLANTON:  Smith.

3                COMMISSIONER SMITH:  Here.

4                SECRETARY BLANTON:  Sullivan.  

5                Sundberg.

6                COMMISSIONER SUNDBERG:  Here.

7                SECRETARY BLANTON:  Thompson.  

8                West.

9                COMMISSIONER WEST:  Here.  

10                SECRETARY BLANTON:  Wetherington. 

11                COMMISSIONER WETHERINGTON:  Here.

12                SECRETARY BLANTON:  Zack.

13                COMMISSIONER ZACK:  Here.

14                SECRETARY BLANTON:  Chairman Douglass.

15                THE CHAIRMAN:  Here.  There is a quorum.  We 

16           will proceed.  

17                Our next order of business are the remarks of 

18           former Constitution Revision Commission chairmen.  In 

19           this case it will be Mr. Chesterfield Smith, the 

20           Honorable Chesterfield Smith, who served as chairman 

21           of the historic '65 through '68 Constitution Revision 

22           Commission.  

23                For those of you that don't know Chesterfield, he 

24           has been, among other things, one of the great leaders 

25           of our state for many years.  He has also been one of 

1           the great leaders of our country for many years.  He's 

2           had a distinction and a distinctive service as 

3           president of the American Bar Association and is known 

4           throughout the entire legal profession as one of the 

5           most astute thinkers in our profession, who has a sort 

6           of a touch at finding out what's best for the people.  

7                He probably got that when he was growing up in 

8           Arcadia.  He's -- other than the cattle, he's one of 

9           the great things that left Arcadia, but he grew up 

10           there and then he went to practice law with the late 

11           Senator -- U.S. Senator Spessard Holland, and he took 

12           that firm himself and built it into one of the great 

13           legal institutions not only of Florida but of the 

14           entire country, and he's recognized by everyone as 

15           being a great constitutional scholar, a man of vision 

16           who age has not tempered.  He was much the same when I 

17           first knew him 45 years ago as he is today.  

18                If there's one fault that Chesterfield has, if it 

19           is a fault, if you ask his opinion, he will give it to 

20           you unvarnished and straight from the shoulder.  

21                It is my great pleasure to present to you for his 

22           remarks to this Commission the Honorable Chesterfield 

23           Smith.  

24                If you would take the podium where the Secretary 

25           is, Mr. Smith, that would be greatly appreciated.  

1           Let's give him a good welcome.

2                MR. SMITH:  Hello.  It's pleasing to be here on a 

3           historic day before this august group assembled for a 

4           singularly important purpose.  I had the privilege, as 

5           you would suppose, of addressing previous Constitution 

6           Revision Commissions, and the honor today is 

7           particularly significant.  The convening of this 

8           particular Florida Constitution Revision Commission 

9           will undoubtedly be my last.  

10                The eminent chair of this Commission, Dexter 

11           Douglass, has advised me that I have an absolute 

12           maximum of 15 minutes in which to address this group.  

13           This allotment of time reflects a decision, probably a 

14           considered decision, buttressed over the years on 

15           personal experience, that he should make me shut up 

16           quicker and sit down sooner.  

17                Back in nineteen hundred and sixty-six, when I 

18           was chair of Florida's Revision Commission, I had 

19           unlimited time to say whatever I wanted to say and I 

20           did say it.  Dexter Douglass, Mr. Chairman, remember, 

21           it's good to be king, but in your dealings with me, 

22           please remember that you too will someday be an ex- 

23           king.

24                In the nineteen hundred and seventy-seven 

25           Revision Commission I had 30 minutes to address the 

1           Commission and I used it all.  I intend to use much 

2           less here today than in nineteen hundred and sixty-six 

3           and nineteen hundred and seventy-seven, and I also 

4           will make a bold prediction.  Some may say I am prone 

5           to do that.  I promise, I commit that I will not 

6           address the next Constitution Revision Commission, 

7           which will convene in the year 2017, the year in which 

8           I celebrate my 100th birthday.  

9                Admittedly, my presence or absence here makes no 

10           difference, for no single person, no single idea, no 

11           single issue is more important to this Commission than 

12           any other person or idea or issue.  What matters most 

13           in the grand scheme of things, as I see it, is simply 

14           this:  that we live in a place and a time when the 

15           people of this great state can exercise the sovereign 

16           power of self-governance, focusing the attention of 

17           their best and brightest or some of their best and 

18           brightest on the solemn task of examining and re- 

19           examining the legal instrument that provides bedrock 

20           principles of government in this state.  

21                I charge you as a group, as you get about your 

22           work, and I charge you collectively, collegially and 

23           individually to take this torch, hold it high and 

24           carry it forward with confidence and with reverence.  

25           Your task, though it may not seem it during the day- 

1           by-day debate, is overwhelmingly important.  

2                Quite obviously I'm also going to urge you, as 

3           you have already concluded to do, I know, to apply 

4           your knowledge and your experience to the tasks before 

5           you in a way that will better carry this great state 

6           into the next millenium with the constitutional rights 

7           being the very best that people can have.  

8                Florida is a sovereign state, and as a sovereign 

9           state, its people, of course, are all-powerful.  "We 

10           the People," Article I, Section 1 of the Constitution, 

11           says it simply.  All political power is inherent in 

12           the people.  The people's Constitution is what you're 

13           working on, and you will do well to remember that it 

14           is just that with which you are about to tinker.  

15                Truly, it is primarily a restriction on 

16           governmental power.  The people of the sovereign state 

17           of Florida simply have all power unless and until it 

18           is restricted in the Florida Constitution.  The United 

19           States Constitution is, of course, the opposite.  The 

20           federal government has no power except that which is 

21           granted in the United States Constitution.  For that 

22           reason, the United States Constitution is much, much 

23           smaller in size than the usual state constitutions, 

24           much scantier in words by far than Florida's 

25           Constitution and, frankly, in my personal opinion, not 

1           as good as our Constitution, particularly with regard 

2           to the all-important protection of its people in the 

3           declaration of rights.  

4                Indeed, I consider the crowning achievement of 

5           our present Constitution to be its declaration of 

6           rights, although, of course, that is not the exclusive 

7           source of human rights in Florida.  Human rights also 

8           arise from the common law principles on which this 

9           country was founded.  Our Declaration of Independence 

10           establishes fundamental principles of individual 

11           rights such as all people are created equal, 

12           government of the people, by the people and for the 

13           people, and other truths in which our founders 

14           believed but which are not adopted into law.  

15                I charge you to be ever mindful of these 

16           individual rights, perhaps to expand them and even 

17           specifically to include some of them in the 

18           declaration of rights, at least to consider it, to 

19           reflect modern life and developing trends such as the 

20           Internet, the globalization of Florida's economy, the 

21           new, improved communication with computerized 

22           knowledge systems.  

23                Indeed, on all issues before the Commission, I 

24           urge -- suggest that you make the human rights of 

25           Florida's people your prime guide, your direction, as 

1           you consider possible revisions to the fundamental law 

2           of Florida.  

3                No other single area of the law has an equal 

4           impact on the day-to-day lives of Florida's citizens 

5           as does the area of constitutional human rights.  

6           Consider a small sampling of issues that have come 

7           before the courts recently, and think about how those 

8           issues affect real people in real ways every single 

9           day:  whether a minor must have parental consent to 

10           obtain an abortion; whether competent but terminally 

11           ill individuals have a right to medically assisted 

12           suicide; whether an employer has a right to refuse to 

13           hire smokers; whether same sex couples should be 

14           allowed to adopt children.  

15                We, of course, can do much with the individual 

16           freedoms now protected under Florida's Constitution, 

17           but it is probable or at least possible that those 

18           specifics can be improved.  

19                To protect the rights of the individual citizens 

20           of Florida, you must know what they are.  Each of you 

21           should read them and reread them periodically and 

22           often.  Consider them carefully:  the right to enjoy 

23           and defend life and liberty; the right to pursue 

24           happiness; the right to be rewarded for industry; the 

25           right to acquire, possess and protect property; 

1           freedom of religion; freedom of speech and of the 

2           press; the right to assemble peacefully; the right to 

3           instruct representatives; the right to petition for 

4           redress of grievances; the right to work; the right to 

5           bear arms; the right to due process.  

6                And other restrictions that we all know so well 

7           in criminal cases:  the right to trial by jury; the 

8           right to privacy, to be left alone; the right to a 

9           uniform system of free public schools and institutions 

10           of higher learning; and, of course, many, many more 

11           that we as Americans all know and feel comfortable 

12           with and like, both explicit and implicit.  

13                Now, in Florida's Constitution many that are not 

14           specifically contained you will find in the United 

15           States Constitution, and we need it, or in the 

16           constitutions sometimes of other states.  Largely 

17           because of these express rights, most people feel that 

18           the Florida Constitution protects them as individuals, 

19           and generally it does; but even so, we sometimes see 

20           in areas of this United States of America notable and 

21           tragic exceptions where this Commission in my mind 

22           should have as its primary mission the protection and 

23           enhancement of the great document that now so well 

24           protects our people to ensure that it continues to do 

25           even more effectively.  

1                This Commission will almost certainly be asked to 

2           consider dozens of issues.  You already have had some 

3           suggested, such as the structure of state government; 

4           funding for public education; the use of 

5           constitutional initiatives or the creation of 

6           statutory initiatives; selection and retention of 

7           judges; the retirement age of justices; whether the 

8           state or local government should pay to operate our 

9           trial court system; fiscal home rule powers for local 

10           government; keeping or abolishing the homestead 

11           exemption and limitations on the device of homesteads; 

12           choices in health care providers; the scope of the 

13           right to privacy as it affects abortion; assisted 

14           suicide; the workplace and the exchange of information 

15           over the Internet; and making the Florida Constitution 

16           a well-written document, neutral in gender, free of 

17           legislative-style enactments.  Many other issues will 

18           arise.  

19                In nineteen hundred and seventy-seven, I took the 

20           liberty of giving what to me was then the new 

21           Commission my personal views on a number of matters 

22           that I thought would come before the Commission.  I do 

23           not do that day.  It has been a long time, not because 

24           I lack opinions, which can never be true, but because, 

25           as I said in my opening, one person's opinions are 

1           much less important than the integrity of the process 

2           and the care taken to protect and preserve a 

3           wellspring of individual rights.  

4                I thus urge you foremost and first to make this 

5           great state of Florida a leader, a pioneer among 

6           states of expanding and protecting human rights.  

7           Governmental structure is important, but in its 

8           finality not nearly so important as human rights.  

9                So, in closing I remind you that in nineteen 

10           hundred and seventy-eight the voters of Florida 

11           rejected all of the Commission's proposed revisions.  

12           I submit that the outcome of that vote was not a 

13           failure, and that the work that they did was hard and 

14           effective and valuable.  It was not a failure, far 

15           from it, because the hard work of the Commission 

16           provided invaluable insight into the most serious and 

17           far-reaching issues facing the state at that time.  

18                Happily, many of that Commission's proposals have 

19           since found their way somewhere into the law of 

20           Florida. Doing the work, doing it right, doing it well 

21           thus lays a foundation for long-term success even if 

22           it is used in ways not contemplated at its 

23           origination.

24                You are called in a great and glorious way to 

25           serve the people of Florida in a year-long journey 

1           into the basic law of the state.  Take with you then 

2           the heart of a servant, the wisdom of a god, the savvy 

3           of a politician, the nurturing care of a parent; for 

4           beginning today you are the potential mothers and 

5           fathers of Florida's Constitution, foster parents, 

6           perhaps, but only for a time, because it does end.  

7                Use your time well and you will never, never be 

8           sorry.  This will be the important assignment of your 

9           life.  You will never forget the Commission and your 

10           colleagues that you grow so fond of as you serve with 

11           them.  

12                Thank you very much.  

13                THE CHAIRMAN:  Chester, if I'd known you were 

14           going to be that good, I would certainly have given 

15           you five more minutes. 

16                MR. SMITH:  All right, I'll take it. 

17                THE CHAIRMAN:  Well, you can, if you'd like.  I 

18           don't want to be accused of cutting anybody off.  If 

19           you'd like to extend your remarks, I have no 

20           objection.

21                Thank you very much.  

22                At this time we were going to hear from Sandy 

23           D'Alemberte, the '78 Commission chairman.  I even 

24           asked him to do what Ben Franklin did, which was to 

25           write a speech and send it by his general counsel who 

1           could read it, and he informed me that he was not too 

2           secure whether his general counsel could read it.  So 

3           we're going to miss him today, but I'm sure at some 

4           point during our service, when he is available, he 

5           will appear before us.  He had to go to Europe, I 

6           believe.  Is that not correct?  So he could not be 

7           here.  

8                The former Commission members that are present, I 

9           saw Kenny Plante here earlier today.  Is he here?  Ken 

10           Plante, back up here, let's welcome Ken Plante, who is 

11           with us here today.  

12                I think other than Justice Overton and myself and 

13           Judge Barkdull, I don't believe there are any other 

14           '78 members present, or '68, other than the speakers.  

15                So at this time we would like to move on to 

16           comments by former Commissioners and, out of order, 

17           first I will -- in date, at least -- I will ask 

18           Justice Ben Overton, who was a Commissioner in 1978, 

19           to -- who's already been introduced -- to come forward 

20           and give what remarks he feels appropriate.  

21                Justice Overton?  Please welcome Judge Overton. 

22                JUSTICE OVERTON:  As you note, I'm more or less 

23           the representative of the '78 Commission.  I didn't 

24           get a chance to go to London which, by the way, 

25           Florida State University, as Stan knows, has a part of 

1           their campus in London.  

2                Mr. Chairman, members of the Commission, I'm 

3           honored and privileged to have this opportunity to 

4           speak to you today.  Each of you by your appointment 

5           has a very significant responsibility in really 

6           defining the way of life for the citizens of this 

7           state.  

8                Most people really do not understand that our 

9           state constitutions are an extremely important 

10           document in how we operate in this country.  The 

11           United States Constitution by design was an incomplete 

12           document, written with the complete understanding that 

13           it could work only within the framework of then- 

14           existing state constitutions.  Constitutional scholars 

15           have made it very clear that under this federal/state 

16           constitutional structure, that the people have the 

17           most direct opportunity to structure their own affairs 

18           and manage their daily lives in their state 

19           constitutions.

20                The establishment of our state government, more 

21           particularly, our educational structure, local 

22           governmental entities, including county commissions, 

23           school boards, local officials, together with our tax 

24           structure, how we provide services, what services we 

25           are to provide, all of which are defined to a very 

1           large degree by what is contained in our state 

2           Constitution.  

3                In these remarks I'd like to just briefly state 

4           to you two items that I believe are significant 

5           issues, and they are issues that I have been involved 

6           with to a considerable degree.  The first is 

7           technology and its effect on our privacy, and the 

8           second, which you have already heard some about, is 

9           the initiative process for amending our Constitution.  

10           I might say to you that there have been 32 proposals 

11           under the initiative process, and I have sat on the 

12           court on 31 of those 32 proposals.  

13                Technology has already impacted our governmental 

14           structure.  Because of technology, the public can now 

15           hear, see and instantly respond to what public 

16           officials are doing.  

17                You know, it's kind of interesting -- and I did 

18           have an opportunity to make remarks also to the '78 

19           Constitution Revision Commission as the appointing 

20           authority at that time, and in those remarks at that 

21           time I stated this:  "Another factor that should be 

22           recognized is that changes in our way of life occur 

23           very rapidly.  Thomas Jefferson said that this country 

24           was, quote, 'advancing rapidly to destinies beyond the 

25           reach of mortal eye.'  That quotation is very true in 

1           this day and time.  Our technology advances continue 

2           to surpass our imagination, but our political and 

3           economic problems are also increased with the 

4           advancement, and who, ten years ago" -- and that was 

5           in '77 -- "really understood that personal and 

6           financial data on a substantial part of our population 

7           could be collected by government or business and held 

8           for easy distribution by computer-operated information 

9           systems?  There is public concern about how personal 

10           information concerning an individual citizen is used," 

11           end quote.  

12                At the time I made those remarks, the major 

13           concern was how to prevent government from intruding 

14           into the lives of individuals.  Additionally, even 

15           though there was concern regarding technology 

16           intrusions, few if any of us at that time could have 

17           envisioned the advancements in technology that have 

18           occurred in the last 20 years.  As a result, the 

19           public is now looking at a new challenge:  the right 

20           to be let alone from commercial as well as government 

21           intrusion.  

22                Recent polls reflect that 80 percent of Americans 

23           believe they have lost control of their personal 

24           information, and 90 percent favor legislation to 

25           provide additional protection.  The reason for this 

1           concern is the direct result of sophisticated 

2           technological advances that make it both cheap and 

3           easy to categorize and track what was once thought to 

4           be private information.  Who knows what about you?  

5                Technology has made it possible to pry into 

6           almost every area of our lives.  Where we were once 

7           warned to watch out for "Big Brother," the government, 

8           we are now being cautioned to look out for little 

9           brother, meaning private parties and entities.  

10                Just how is our privacy invaded in this respect?  

11           Consider these examples.  

12                Whenever you use an automatic teller machine, 

13           purchase something from a store, purchase an airline 

14           ticket, rent a movie or a hotel room, surf the 

15           Internet or simply use the telephone, an electronic 

16           record is generated.  All of these activities can be 

17           traced and included in various databases which act as 

18           storage banks for this information.  Through a process 

19           called data matching, a compilation of your purchases 

20           and activities can be sorted and matched to form 

21           a profile listing your personal tastes, buying 

22           patterns and lifestyle.

23                As one author has stated, "The information is 

24           digitized, linked, packaged, sold and resold."  New 

25           technology has made access to this type of personal 

1           information very accessible, and let me give you an 

2           example.  With very -- before I do, but with very 

3           little effort, information can be obtained regarding 

4           your credit files, driving records, health records, 

5           employment files, vehicle registrations, Social 

6           Security information, believe it or not, warranty  

7           registrations, music club purchases, charitable 

8           donations, magazine subscriptions, mail-order and 

9           catalogue purchases and frequent flier records, and 

10           the list goes on.  

11                Details of our finances and family structure are 

12           also available on some databases.  While restrictions 

13           are placed and are being placed, at this time 

14           obtaining some of this information with relatively 

15           minor effort is an easy task.  

16                In writing a Law Review on this subject, we 

17           tested the type of information that is available by 

18           using a very basic database that the lawyers know 

19           about, Weslaw, called Information America.  We put in 

20           my name.  In less than 15 minutes, we had my full 

21           name, the address of my Tallahassee residence, my 

22           telephone numbers, date of birth, Social Security 

23           number, and the same information for my wife.  They 

24           had my wife's birthdate in two locations.  She was 20 

25           years younger in one of the dates.  She wanted to keep 

1           that one.  The median income for my neighborhood, 

2           which was approximately right, the median value of the 

3           homes in my neighborhood, which was approximately 

4           right, the names of my ten closest neighbors, their 

5           addresses and telephone numbers, similar information 

6           on a condominium that I own in St. Petersburg, 

7           together with the names, addresses and telephone 

8           numbers of five neighbors in the condominium, and all 

9           that information, including the names, addresses and 

10           telephone numbers of the neighbors, was correct.  

11                In addition, we were able to obtain information 

12           from the county property appraiser reports on the 

13           Internet detailing the property values, square 

14           footage, mortgage value of my property, and by placing 

15           into the computer my address and ZIP code, we were 

16           also able to obtain a map to my residence with the 

17           details of how to reach my home, and the details they 

18           gave included the shortcut that I take that I don't 

19           ordinarily give to people when they drive to my house.

20                Now, today we use a vast array of electronic 

21           communication gadgets, such as cell phones, portable 

22           phones, pagers and computers, that are all creating 

23           avenues for privacy invasions.  While technology has 

24           made our lives easier and in many respects has 

25           provided our lives with useful information, and that 

1           can be received basically at the touch of a button, it 

2           has also opened wide a door for our privacy to be 

3           invaded.

4                Why, you ask, should you be interested in this 

5           subject matter?  The reason is because the United 

6           States Supreme Court has declared that the protection 

7           against invasion of privacy by non-governmental 

8           entities is a state, state responsibility.  In 

9           distinguishing an individual's privacy from 

10           governmental intrusion, the United States Supreme 

11           Court said this:  "The protection of a person's 

12           general right to privacy, his right to be let alone by 

13           other people is, like the protection of his property 

14           and his very life, left largely to the law of the 

15           individual states.  As a result, any constitutional 

16           protections from intrusions by private persons or 

17           commercial entities in the area of informational 

18           privacy in this new age of technology will have to 

19           come from the states."  

20                Clearly, privacy concerns in the age of 

21           technology are in their infancy.  How we should 

22           protect those concerns is in an evolutionary state.  

23           And the next whatever is done, it has to be done with 

24           the understanding of our existing public records 

25           constitutional provision in Article I, Section 24.  

1                While our Constitution does contain an explicit 

2           privacy provision to protect individuals against 

3           government intrusion, it does nothing to protect 

4           against intrusions by non-government intrusion.  

5                To correct this omission, I suggest that it is 

6           important for the Commission to consider a provision 

7           that would expand our current privacy provision to 

8           include the right to be let alone and free from 

9           private intrusions as well as government intrusions.  

10           How to craft that is not easy, and it will have to 

11           provide adequate protection yet be flexible enough to 

12           maintain our open public records philosophy and also 

13           allow technology to develop in a manner that benefits 

14           us all.  

15                Now, I might say Katherine Giddings and I have 

16           written a Law Review article that sets forth and 

17           details this problem with the citations and some of 

18           the comments that I've made, in which there's some 

19           suggested solutions, and it will be made available to 

20           you by Florida State University in their September 

21           constitutional revision Law Review article.  

22                The second subject is one you've already heard 

23           about, and you're probably going to hear more about it 

24           than you want to hear about it, and that's the 

25           initiative process for amending the Constitution.  At 

1           this time both proponents and opponents of 

2           constitutional initiatives, when they're before the 

3           court, seem to me unhappy about how that process has 

4           worked.  This is especially true, I'm sure, about 

5           those who have had proposals rejected from placement 

6           on the ballot after expending a substantial amount of 

7           time, money and effort.  

8                Others believe that most proposals should be 

9           considered as statutes rather than constitutional 

10           amendments, and that proposers have no understanding 

11           about how a particular proposed initiative will affect 

12           other provisions of the Constitution.  

13                As I noted to you, there have been 32 proposals 

14           presented to the Supreme Court of Florida for approval 

15           for presentation on the ballot.  As I stated, during 

16           my tenure, I've sat on 31 of those decisions.  In 13 

17           of those cases we have rejected a proposal for the 

18           ballot.

19                I think you should understand that under the 

20           present Constitution, the Court's responsibility is 

21           very limited.  It's limited to two issues.  First, the 

22           Court must review whether the proposed amendment 

23           embraces more than one subject, and second, the Court 

24           must review whether the ballot title and summary 

25           describing the proposed amendment is misleading.  

1                The initiative process is one of five ways that 

2           the Constitution may be amended.  It is, however, the 

3           only method that requires a proposed amendment embrace 

4           but one subject.  That single-subject requirement was 

5           determined to be necessary by the drafters because, 

6           unlike the other amendment procedures, the initiative 

7           amendment procedure does not provide a filtering 

8           legislative process for the drafting of any special 

9           proposed constitutional amendment.  The other methods 

10           afford public hearing and debate, not only on the 

11           proposal itself, but also in the drafting and content 

12           of the proposal in and full consideration about how it 

13           affects other existing provisions of the Constitution 

14           without expressly referring to them in the proposed 

15           amendment.  

16                It has been a major, major concern for me that 

17           proponents of constitutional amendments would freely 

18           admit in oral argument that they do not know, do not 

19           know how important parts of their proposals would be 

20           applied and that it should be left to the discretion 

21           of the Court to make that determination.  In one 

22           instance, the proponent stated that not only did they 

23           not know which constitutional provisions were amended 

24           by their proposals, but it was the responsibility of 

25           the Court to identify and redraft the amended 

1           provisions by judicial construction after the people 

2           adopted the proposal.  

3                I just don't think the '68 Constitution Revision 

4           Commission had that idea for the Court in mind when 

5           they put this proposal within the Constitution.  

6                How a proposed constitutional amendment is going 

7           to be integrated into the Constitution as a whole is 

8           extremely important, and the public needs to know what 

9           parts of the existing Constitution are going to be 

10           affected by any proposal.  In my view, the initiative 

11           process must remain in some form.  I believe any 

12           proposal to eliminate the process would be totally 

13           unsuccessful.  

14                I do suggest the following for your  

15           consideration.  You're going to have your multiple 

16           alternatives, and I think that's part of our 

17           responsibility and process.  First, the initiative 

18           process would begin as it currently is structured, by 

19           requiring the collection of the necessary signatures 

20           from the required congressional districts.  The second 

21           step would be the presentation of the proposals to an 

22           independent body, such the Constitution Revision 

23           Commission, such as this group here, that would be 

24           convened every four to six years.  That Commission 

25           would then have the authority to review and modify a 

1           proposal so that it could be integrated into the 

2           present Constitution appropriately or, in the 

3           alternative, write it as a statute.  The Commission 

4           would then place the proposal as either a statute or a 

5           constitutional amendment on the ballot.  

6                Now, the second issue that the Court has in its 

7           responsibility is the problem with misrepresentation 

8           contained in either the ballot title or ballot 

9           summary.  We have taken a number of provisions off the 

10           ballot because that -- not the substance part of it, 

11           but because that ballot title and ballot summary 

12           misrepresents what it does.  That can be easily 

13           resolved, however, by in my view adopting the 

14           principles that Oregon has.  That state has an 

15           independent entity, in that instance, the Attorney 

16           General, that drafts the -- an objective ballot title 

17           and ballot summary that objectively describes the 

18           proposal and then allows proponents and opponents to 

19           object and seek review of the language in the Supreme 

20           Court, and the Supreme Court, upon review, is then 

21           authorized to modify the descriptive ballot title and 

22           ballot summary.  

23                Importantly, this ballot title and ballot summary 

24           modification changes nothing about the substantive 

25           part of the proposal.  It is only to make sure that 

1           the public is fairly advised as to its effect.  

2                While these suggestions may not be a perfect 

3           solution to the problem, I believe that they provide 

4           the Commission with a starting point for addressing 

5           the changes needed in the initiative process.  

6                As many of you know and have heard me say before, 

7           I have for many years strongly supported merit 

8           selection and merit retention for trial judges.  I 

9           still hold that view.  In fact, I think I'm the only 

10           active judge in the state that started as a member of 

11           the judiciary when it was a partisan, political 

12           process, served in it when it was a non-competitive -- 

13           I mean, a non-partisan elected process, and then have 

14           been honored to serve as the first selection on the 

15           Supreme Court under merit selection, under the merit 

16           selection process.  

17                I do think -- and I'm biased -- that it is the 

18           better way to go.  

19                Finally, if I can, in an administrative matter, 

20           that the Court has offered and is providing what we 

21           can to help you through our library in our library 

22           staff, to keep your records in this new technology 

23           age, and we have offered our assistance in that regard 

24           and we hope that we can make this Commission have its 

25           records better than any that have preceded you.  

1                In conclusion, each of you has a very great 

2           opportunity to, in a very meaningful way, meet 

3           challenges in a very, very fast changing world.  You 

4           are a newly-created collegial body.  

5                If you look around you now and as you meet and 

6           socialize this evening and tonight, you will find 

7           people that will become friends for years.  I know 

8           that occurred with me, and even though you may come 

9           from different backgrounds, that you may have 

10           different philosophies, it is important for you to 

11           keep an open mind.  It is a melding of these different 

12           views and ideas that really makes this country great, 

13           and remember, look to the future, where is this state 

14           going to be five years from now, ten years from now, 

15           15 years from now, rather than the present and the 

16           past.  

17                As Jefferson said, "We are advancing rapidly to 

18           destinies beyond the reach of mortal eyes."  

19                Thank you very much.  

20                THE CHAIRMAN:  Thank you very much, Justice 

21           Overton.

22                You know, I was thinking when I was -- earlier in 

23           the session, I looked up here and I could see Stuart 

24           Gillis, who is the first president of the Senate I 

25           ever knew, and he's way over there.  That makes me 

1           pretty old, and so I knew them all over here, and then 

2           I got to thinking that the citizens of Florida that 

3           are here today probably start somewhere in this area 

4           over here.  So the same perspective that many of us 

5           have that go back over this great period of time is 

6           not available to the general public, and therefore, 

7           it's important that we hear from these gentlemen that 

8           have been a part of the great building of this state.  

9           It's for them that -- and for their efforts that we're 

10           what we are today, and it's always remarkable to me, 

11           as I'm sure it is to you, how people tend to discard 

12           the past and to make light of it and cynically try to 

13           put it in different perspectives.  Those of us who -- 

14           and I'm sure you join me in this -- know that in truth 

15           and reality the people that have served this state 

16           both in the Senate and elsewhere have done it with the 

17           public good and the public interest in mind and they 

18           have worked and given their lives to get what we have.

19                I often wondered how they can be so critical, 

20           some people that have come here, of our state without 

21           having any knowledge of how we got where we are, and 

22           yet I understand that we live today, we live by sound 

23           bites now, we live by television news.  We -- all of 

24           these things were not available in 1978.  We only had 

25           three or four channels that people could watch in '78, 

1           so we had extensive coverage of the Constitution 

2           Revision Commission.  Now I think of the country music 

3           song where he says, there's 51 channels and there's 

4           nothing on.  Well, I've got 200 and there's nothing 

5           on.

6                So people are going to have to really struggle to 

7           follow us, except for the print media and what the 

8           television media can do.  It's for that reason I think 

9           it's extremely important that we hear from these 

10           gentlemen today, and the next one that I call on here 

11           is one who was truly a part of Florida.  He grew up 

12           here.  He was, I guess, sort of an orphan as he grew 

13           up.  As he described it to me, I was raised not by a 

14           village, but by somebody way back in the Everglades to 

15           some extent as he was growing up.  His older brother 

16           was a great inspiration to him and, of course, I'm 

17           speaking of the gentleman for whom, as I often tease 

18           him, it is really tough to be an athletic center and 

19           yet that's what the O'Connell Center is, and I'm 

20           speaking, of course, of our next speaker, Stephen C. 

21           O'Connell, who has served not only on the Supreme 

22           Court of Florida, he's served in many, many other 

23           capacities.  He's served as the president of the 

24           University of Florida during a very, very difficult 

25           time in our history, and he has contributed as much or 

1           more to the lives of Floridians in a positive manner 

2           as most anyone I know.  He's a fine Christian 

3           gentleman, and that used to be a phrase that was, I 

4           might say, without offense to anyone, was one of the 

5           Florida -- University of Florida requirements in 

6           effect when my father went there in 1920.  I found 

7           this out when I was reading some of the material.      

8                Steve, however, has recognized the diversity of 

9           everybody's beliefs and has fought to protect them, 

10           both as a member of the Court and as member of the 

11           Constitution Revision Commission and as president of 

12           the University of Florida.  It is with great humility 

13           that I have the opportunity to bring this great man to 

14           you for his comments, and I commend them to you. 

15                Let's give a big welcome to Stephen C. O'Connell.

16                MR. O'CONNELL:  You all have to get used to 

17           bowing when you address the chairman, former special 

18           counsel, assistant governor and now chairman.  

19                B.K. -- Justice B.K. Roberts and I were the two 

20           justices appointed to the '67 committee, and I was 

21           appointed because, as chairman of the Judicial Council 

22           of Florida, I had been trying for several years to 

23           convince the Legislature to submit a change in the 

24           Constitution for the trial court system of Florida.  

25           The '67 Commission members quickly, over my 

1           opposition, deleted the judicial article from 

2           consideration, fearing that opposition from the very 

3           potent trial court judges' organization might endanger 

4           passage of other recommendations of the Commission.  

5                In retrospect, it was a wise move.  While the 

6           responsibility of you individual Commissioners is 

7           considerably the same as the members of my Commission, 

8           the task of this Commission seems to me to be 

9           considerably different.  Ours was to modernize, 

10           streamline, reorganize a host of governmental 

11           agencies, widen distribution of executive power under 

12           a 100-year-old document heavily encrusted with 

13           amendments, many resembling local bills.  

14                We accomplished much of this in the executive 

15           department by providing that the executive be 

16           exercised by no more than 25 departments of 

17           government.  We visited the Cabinet system and its 

18           dissolution of power of the chief executive, but the 

19           Cabinet system, Cabinet members had too many friends 

20           on the Commission and, I think, among the voters as 

21           well as the Legislature.  

22                We dealt with the Legislature.  We provided for 

23           membership limits on both bodies, provided for 

24           reapportionment and for annual rather than biannual 

25           sessions, and we did what results in your sitting 

1           here, providing for review of the Constitution by a 

2           Commission, the first one in ten years and then 

3           successively each 20 years.  

4                I think all agree that that was a wise decision, 

5           but there is lingering doubt that the initiative 

6           provision that we erected for further meeting ways of 

7           amending the Constitution was not a wise one.  

8                As I see it -- it may not be your view of it -- 

9           your task is to correct the mistakes that time's 

10           passage has shown that we made, and to do the things 

11           which we left undone, and in assessing that, you have 

12           the benefit of the work, the efforts and the results 

13           of the Commission's work in 1977-'78.  

14                Much of the success of our Commission's work was 

15           due -- is due to the masterful, autocratic, 

16           undemocratic, dictatorial, sometimes bombastic 

17           performance of our chairman, Lord Chesterfield Smith.  

18           He proved there again that he is a great leader and a 

19           great Floridian, and Floridians will be indebted to 

20           him for many, many years for what he has done.  

21                I, like most of the other members of the 

22           Commission, became his sycophant before our work was 

23           over, and may I say that I detect in your chairman 

24           many of the qualities and personal attributes 

25           exhibited so forcibly by Lord Chesterfield Smith.  

1                So in advance I offer my sympathy for your 

2           certain-to-be-wounded egos.

3                This Commission, too, is fortunate to have as a 

4           member Judge Tom Barkdull who, because of his valuable 

5           experience, guidance and contributions in the first 

6           and second bodies, is able to offer you valuable 

7           insight in your proceedings.  

8                I leave you with the hope that you will only 

9           propose change where there's demonstrated need for it 

10           in the public interest.  Change is an infectious, 

11           exhilarating process, and it can cause many to succumb 

12           to it who otherwise one thought would not.

13                I thank for you letting me speak.  I wish you 

14           Godspeed in your deliberations.  

15                Thank you.  

16                THE CHAIRMAN:  Thank you, Judge O'Connell.  

17                Don't believe him, I'm really not a little 

18           Chesterfield Smith.  I'm not that well-versed in the 

19           law, not that well-versed in many things, and I 

20           certainly don't have the biggest law firm in the state 

21           of Florida, but I do appreciate the compliment, sir, 

22           to be compared to that lion of Florida constitutional 

23           law, but I can assure you that I cannot lick the 

24           constitutional bootstraps of so great a man as 

25           Chesterfield Smith.  Thank you.  

1                Also, I think we're going to vary just a little 

2           bit here.  We're very fortunate to have with us today 

3           one of our former governors who, most people may not 

4           realize it, but who played a major unrecognized part 

5           in the adoption of the Constitution of 1968.  Without 

6           his leadership, which Judge Barkdull has reminded me 

7           of this, as has Chairman Smith, without the leadership 

8           of Claude Kirk, we would not have had the revision of 

9           the Constitution that occurred in 1968.  It was a 

10           fortuitous circumstance of history that brought him to 

11           the Governor's chair for being the first Republican 

12           elected since reconstruction to deal with Democratic 

13           bodies in both houses who had never thought they would 

14           ever see such a thing and to work through the 

15           conflicts and confrontations that naturally occur, and 

16           out of that really came, because of his willingness to 

17           meet on even terms with these people, and his 

18           participation in some of the meetings, as a matter of 

19           fact, and sessions, that the Constitution of 1968 

20           became a reality.  

21                I'm not sure many of you knew that, but when you 

22           talk to the people who were involved then, they will 

23           always tell you that that was the case.  

24                So, in spite of his own efforts sometimes to 

25           shoot himself in the foot when he makes comments off 

1           the cuff, you must be forewarned that he is a very 

2           brilliant student of government and he is also a very 

3           brilliant man, and he is also a man that served the 

4           State of Florida for four years during a period of 

5           great change which, in spite of what many people would 

6           have you remember, resulted in the educational system 

7           of Florida being improved more in the four years that 

8           he was governor than anytime before or since.  

9                Now, that may be attributed to what we used to 

10           laugh about, Senator Pope, who he referred to as 

11           "Senator Foghorn," and him with their constant going 

12           at each other, but both trying to outspend the other 

13           in improving the school system, which resulted in that 

14           occurring.  So, however things happen, if we'll let 

15           them, they'll usually happen for the best, and part of 

16           the best we're going to bring you right now, and that 

17           is the comments and advices that we seek from our 

18           former governor, the Honorable Claude Kirk.  Would you 

19           please give him a good welcome?  

20                Governor Kirk.  

21                GOVERNOR KIRK:  Here we go.  Thank you very 

22           much.  I'm delighted to be with you.  I came based on 

23           the -- first let me tell you, I love you.  I'm excited 

24           about being here because you are my opportunity to 

25           live in a better Florida for the next 20 years, and 

1           what you do will affect my family, it will affect my 

2           grandchildren, everything that's going on in my life.  

3           So I really do love you, and I've done a lot of work 

4           here.  

5                Normally my speeches are -- by the way, I want to 

6           remind you of something also.  You get used to me.  

7           I'll be here a while.  It says on page 2 of my 

8           schedule on the number -- is that Roman numeral VII -- 

9           Roman numeral VIII, introduction of governor -- then 

10           there's remarks and No. IX, by the order of 

11           presentation of various governors, and there comes 

12           Ferris Bryant, then me, then Reubin, and we're not 

13           going by that, so the hours of 1:35 to 2:40 are now 

14           left to me, and I don't plan to use them all, I just 

15           want you to know I could if I wanted to, and I could 

16           be speaking for all of them because they ain't here.  

17           Obviously, they didn't read their instructions and, of 

18           course, I was also a diligent student of instructions.

19                When I say I love you it's because I'm about to 

20           tell you that I worked like hell on this document.  I 

21           didn't normally work on my documents, as a lot of 

22           people know, and I generally spoke whatever the hell 

23           was in my mind, as a lot of people know, but realizing 

24           that this was a desperate and important time, as you 

25           have heard from these learned gentlemen, that this 

1           Constitution is a very serious, serious matter, and 

2           for me to be invited to come and talk about with my 

3           comments or thoughts was a serious responsibility of 

4           mine, so I wrote a two-page little document here which 

5           I think has a lot of hidden meaning in it.  It isn't 

6           as verbose as some others, but I wanted to be sure 

7           that if you wanted to know what I had to say, here it 

8           is.  There's lot of hidden meaning in here.  There's 

9           threats.  There's innuendos.  There's demands, but if 

10           you can't read because you went through our public 

11           school system, then I do have copies for you, and 

12           remember, I said I loved you to start with because 

13           you've given me an opportunity.  

14                As Chesterfield said, you have a torch, you have 

15           the torch and you are the torch, and therefore I see 

16           you on a glory trail that's going to give me 20 great 

17           years of better government, and all we've got in the 

18           world today is government, is it not?  There are 

19           governments everywhere.  So this government will be 

20           the government to watch.  

21                Now, you either do a grand job and I will love 

22           you the more for it at the end, or if you come out 

23           like the O.J. jury, I will still be called Governor 

24           and then I'll miss you.  In any case, these are the 

25           remarks that I have prepared seriously, and everything 

1           in there is a balanced thought.  Whether you get it or 

2           not is not my problem, and it is also to kind of 

3           corral the media, too, you know. 

4                There's a good bit of Florida history folks that 

5           I am looking out at here today in this new Senate 

6           chamber, but there was a lot more history folks in the 

7           old Senate chamber in December of '66 that I looked 

8           down at from my seat.  I was -- you must understand, 

9           when he said something about me, Dexter just did, I 

10           was invited and allowed to sit but not to talk, and so 

11           for day after day I enjoyed everything going on and 

12           all these beautiful people making their speeches, and 

13           it was a serious matter, but I was not allowed to 

14           speak to anybody except to Chesterfield, who from 

15           time to time might or might not answer my questions, 

16           and I was sitting about right over there.  

17                So as I looked down on that chamber, I looked 

18           down from my seat as a just-elected enemy guest beside 

19           Chesterfield Smith.  I remember turning and whispering 

20           to Chesterfield, "Who is that chap at the well now?" 

21           to which he replied, "Askew, Pensacola," and I sat 

22           back and thought to myself, "The rest ain't much, but 

23           now that guy, I could really sell him."  

24                Florida is an all-powerful sovereign state, 

25           number four in the nation now.  The United States and 

1           its Constitution are not all-powerful nor sovereign, 

2           with its Bill of Rights merely a discussion as to what 

3           ought to be.  You are a blessed historical group here 

4           to compose a new power control and directing document 

5           any needed length to talk to the folks for their  

6           making into law to live by or to reject your works.  

7                Please record and make part of Florida all those 

8           great phrases, concepts and intents that we believe to 

9           be the law but are not, such as, all persons are 

10           created equal, and others of our study and 

11           confirmation.  You have a blessed opportunity to give 

12           the now and next Florida the freedoms we all deserve 

13           and desire but have never gotten. 

14                No unaccountable Cabinet can lead to or even 

15           toward any of the freedoms we pay for every day.  

16                Convince yourselves and then convince our old 

17           faint-hearted of the state, as well as the new and 

18           confused folks of Florida, to make the governor the 

19           governor.  Demand a leader to lead.  Give the next 

20           governors the responsibility and the appointed control 

21           of the Department of Education and the Office of 

22           Attorney General.  The rest you can leave with the 

23           lobbyists if you must.  

24                Then, if you can respond to my requests for the 

25           folks and the folks confirm your work on this, one 

1           request regarding schools, your/our Legislature could 

2           be challenged to cast off union lobbyist control of 

3           themselves.  You heard me, union -- they are 

4           controlled by the lobbyists, themselves, and to vote 

5           to cleanse away the union stalemates in time to 

6           provide a real education for my -- not my children, 

7           they're gone -- my grandchildren's children.  Please 

8           create a screening method to study these single 

9           purpose citizens' petitions to see if they are worthy 

10           of the people's vote or should be diverted to the 

11           Legislature for study, slow and tough as the 

12           Legislature may be, as they do work for the people.  

13           You do understand the Legislature is supposed to work 

14           for the people, working on any and all the people's 

15           problems all the time, and we pay them all the time.  

16           So it's something to work on.  

17                Now, that's the end of the two pages.  I hope you 

18           got a little bit of it.  I happen to have a few 

19           thousand copies available for you if you don't 

20           remember.  I still have another hour, right?  

21                I would point out to you that I do love you.  You 

22           do have the opportunity, but I give you a little 

23           aside:  Had we not worked diligently and passed -- I 

24           don't want to worry you a little bit, and we did work 

25           diligently to be sure that the people accepted the '68 


1           -- '67-'68 work in that Constitution and we were 

2           delighted they passed it.  However, if you really 

3           think about it a minute, when I was elected governor, 

4           I was a lame duck, and as I've never been tested in 

5           another race, I could have gone on with Nixon and been 

6           vice-president and then I could have been president 

7           without ever having been tested at all.  I wouldn't 

8           have had to race and you would have had all the 

9           opportunities in the world.  So maybe some things 

10           ought not to be changed.  However, I think you did the 

11           right thing because you made the governor actually 

12           have to work for four years to see if we could get him 

13           reelected, and if anything I cleansed the 

14           Democratic party.  We got more damned folks coming out 

15           of the woodwork, and we had a great government, and 

16           all things work to the good.  

17                And therefore, I say to you, I love you now, I 

18           will love you tomorrow, but if you don't come up with 

19           a good Constitution, I'll still be called Governor and 

20           I'll miss you. 

21                THE CHAIRMAN:  Governor Kirk, we love you.  We 

22           return your affection and we're delighted to hear from 

23           you, and as usual, your comments, if we can take time 

24           to study them, have some great merit for our 

25           consideration and we will consider them.  I'm 

1           delighted that you could be here.  

2                For your information, the man who you said you 

3           thought you could, you know, get elected sometime, 

4           Governor Askew, will be here tomorrow, and he will 

5           address this group as well.  

6                I'm delighted that we've had the opportunity to 

7           have these gentlemen speak to us today.  Now, we have 

8           moved right along here, so we're going to be moving on 

9           pretty quickly, but one of the things I want to tell 

10           you before I forget it is immediately after we leave 

11           this chamber, everybody is to please go to the front 

12           steps of the Old Capitol for a photograph which is to 

13           be taken in the same location where the '78 and the 

14           '68 Commission's photograph was taken.  These will be 

15           for posterity or for whatever purpose, and it's been 

16           arranged for them to be there promptly when we arrive 

17           there.  

18                I think at this time it would be appropriate, if 

19           any member of the Commission feels constrained to make 

20           any comments before we get into formal meetings, that 

21           they be afforded that opportunity. 

22                Yes, ma'am? 

23                COMMISSIONER EVANS-JONES:  I would just like to 

24           make a housekeeping change, please.  Everybody pull 

25           out this list, on page 3, our FAX number.

1                THE CHAIRMAN:  Would you turn our microphone on, 

2           please? 

3                COMMISSIONER EVANS-JONES:  Is it on?  Thank you. 

4                I'm Marilyn Evans-Jones, and this is just a 

5           housekeeping thing, but it's important to me because 

6           I'd like to hear from you if you'd like to send me a 

7           FAX.  Please change the FAX number to the same as the 

8           telephone number, 277-4242, and I thank you.  I 

9           appreciate that.  

10                THE CHAIRMAN:  Thank you very much.  

11                One thing I didn't do that I should have, and I 

12           apologize for it.  The Steering Committee, which was 

13           created for the purpose of planning so that we could 

14           begin and move fairly rapidly with our work, because 

15           we don't have long in the overall scheme of things to 

16           complete our work -- it has to be completed and ready 

17           for the ballot by May 5th, '98, so we don't have as 

18           long as some might think -- but that committee 

19           consisted of Senator Scott, who is now Commissioner 

20           Scott, Judge Barkdull, who is now Commissioner 

21           Barkdull, Speaker Dan Webster, who is now Speaker Dan 

22           Webster, and let's see, we did have another member, I 

23           believe -- General Butterworth, who has had to go to 

24           meet with the tobacco people, as I understand it, in 

25           New York, that he had to leave shortly after lunch to 

1           go there and he's not with us, but that was the 

2           committee, and that committee worked -- we had, oh, I 

3           don't know, four or five monthly meetings.  

4                We have created -- the committee did -- a web 

5           page for the Commission, which has all of the 

6           Constitutions on it from 1835 and all the amendments, 

7           compliments of the Supreme Court, and all of the 

8           amendments that were not passed are also on the web 

9           page, or available through the web page.  It was 

10           created primarily with the efforts of Billy Buzzett, 

11           working with Florida State University and with the Law 

12           School there, and it is now a dedicated web page, and 

13           we will have, by virtue of that, a web page for this 

14           group that will be on the worldwide net and that can 

15           be accessed by all of our citizens as to everything we 

16           do.

17                We intend to have, of course, a very open group.  

18           We intend -- and you must know that all of our records 

19           are public documents, and there will be other 

20           housekeeping matters to be discussed, and I discussed 

21           this with President Jennings at one of the recesses.  

22                Those of you that haven't had the experience of 

23           serving in the Legislature might not be familiar with 

24           all of the laws or rules that apply to us.  The 

25           Legislature, through the efforts of the Steering 

1 		Committee and through the efforts of Representative 

2 		Warner, who's sitting back here, and Senator Dudley, 

3           among others, were successful in applying the ethics 

4           laws to this Commission.  There were none before that 

5           specifically applied, and means that the same rules 

6           that relate to lobbying apply to us, the same rules 

7           relating to our conduct that relate to members of the 

8           Legislature and other public officers apply to us.  

9                The difference between our rules, to some extent, 

10           and others is we have essentially the same rules as 

11           the Legislature.  They have a little nuance between 

12           each house, but any gifts or things you receive over a 

13           certain amount, which will be discussed with you, have 

14           to be reported, and lobbyists must register with the 

15           Joint Legislative Management Committee just as they do 

16           in the Legislature.  So you will have at least before 

17           you the rules that have been tested and applied in 

18           both of those houses and in the executive branch to 

19           this extent.  

20                We respond, when we are accused of ethical 

21           violations, to the Ethics Commission, who will 

22           consider what, if any, violations of ethics occurred 

23           under these statutes.  I think that's important, and 

24           you will be given information so that you don't 

25           unwittingly fall into some, you know, forbidden path 

1           or a path that we shouldn't be taking.  

2                I want to again tell you so that there's no 

3           misunderstanding, my role as chairman I view as being 

4           one who stays in the chair.  I'm not here to advance 

5           my agenda or anybody else's agenda.  I will vote when 

6           it's necessary.

7                If I feel constrained to support or oppose 

8           anything that's on the floor, I will leave the chair 

9           and have someone else take the chair and will 

10           participate in the debate.  

11                I want to serve as chairman for each of you.  I 

12           want everybody, when they get the preference forms, to 

13           tell us what committees you would like to serve on and 

14           as near as possible those preferences will be honored, 

15           but I intend to work with the entire Commission and I 

16           intend to work with the committees that I told you 

17           about.  There will be many, but one that would include 

18           all of the appointing authorities.  

19                I don't want any appearance that there's anything 

20           other than this Commission running this Commission, 

21           and that means all of us, not just part of us.  We 

22           should strive to continue in a collegial manner as 

23           we've been exhorted to do so.  

24                There is one -- I think I have introduced the 

25           people that will be important to your welfare and that 

1           you will need to contact as we go along.  If there's 

2           not anything else that I've overlooked, Mr. Buzzett or 

3           Secretary Blanton, then I'll ask all of these people 

4           with great experience -- Senator Scott, did I leave 

5           anything out or -- I'm not singling them out.  They 

6           were just on the committee.  Did I leave anything the 

7           committee did out?  If so, please correct me.  

8                COMMISSIONER SCOTT:  The west side or the east 

9           side, is that the front of the Capitol?  Is that where 

10           the picture is?

11                THE CHAIRMAN:  I think the picture was taken at 

12           the front, am I not correct?  So, it will be the east 

13           side of the Old Capitol, and I believe that's correct, 

14           and that's where we will go.  

15                Did any of the Committee that's here have 

16           anything -- Judge Barkdull, was there anything that I 

17           left out that we should have touched on? 

18                COMMISSIONER BARKDULL:  I don't recall anything.  

19           You're usually covering everything very well.

20                THE CHAIRMAN:  Mr. Speaker, is there anything 

21           that you think I might have overlooked?  Mr. 

22           Butterworth -- I know he doesn't know anything because 

23           he isn't here.  

24                In the future, I look forward to working with 

25           you, and I'll see you tonight at the reception at 5:30 

1           in the Mansion and then really look forward to eating 

2           supper tonight, or do we call it dinner?

3                COMMISSIONER JENNINGS:  Whatever.

4                THE CHAIRMAN:  Whatever.  Thank you, and I will 

5           see you in the morning, and we will now go and get our 

6           picture taken.  

7                I guess we need a motion to --

8                COMMISSIONER BARKDULL:  I move we recess until 

9           the hour of 9:30 a.m. tomorrow morning.

10                THE CHAIRMAN:  All right.  There's been a motion 

11           by Commissioner Barkdull.  One thing, now, I didn't 

12           emphasize this, but the tradition is we call each 

13           other at all times in the chamber Commissioner.  

14                Also, after the formal sessions, no one will be 

15           allowed on the floor other than Commissioners, former 

16           Commissioners or those with specific permission, which 

17           will include the working staff, very much like the 

18           Senate and the House perform.  That will not apply 

19           during these first two days, but will when we go into 

20           our next sessions.  

21                Now, on Judge Barkdull's motion, all those in 

22           favor say aye.

23                (Chorus of ayes.)

24                THE CHAIRMAN:  Opposed, like sign.  

25                The motion's carried.  See you at 9:30 in the 

1           morning here, and on the front steps of the Capitol 

2           there. 

3                (Concluded at 3:35 p.m.) 























1                        C E R T I F I C A T E


3      COUNTY OF LEON     )

4               I, RAY D. CONVERY, Court Reporter at Tallahassee, 

5      Florida, do hereby certify as follows:

6               THAT I correctly reported in shorthand the 

7      foregoing proceedings at the time and place stated in the 

8      caption hereof;

9               THAT I later reduced the shorthand notes to 

10      typewriting, or under my supervision, and that the 

11      foregoing pages 2 through 107 represent a true, correct, 

12      and complete transcript of said proceedings;

13               And I further certify that I am not of kin or 

14      counsel to the parties in the case; am not in the regular 

15      employ of counsel for any of said parties; nor am I in 

16      anywise interested in the result of said case.

17               Dated this 30th day of June, 1997.




21                                 __________________________
                                           RAY D. CONVERY
22                                 Court Reporter