PROPOSED CONSTITUTIONAL AMENDMENTS TO THE FLORIDA CONSTITUTION ON THE GENERAL ELECTION BALLOT NOVEMBER 6, 2018 Prepared by: Florida Public Pension Trustees Association (FPPTA) September 18, 2018
Florida Constitutional Amendment Process The Constitution of the State of Florida is the document that establishes and describes the powers, duties, structure and function of the government of the state of Florida, and establishes the basic law of the state. The current Constitution of Florida was ratified on November 5, 1968. Florida has been governed by six different constitutions since acceding to the United States. Before 1838, only the Spanish Constitution of 1812 was briefly enacted in Florida. A monument commemorating La Constitución de Cádiz still stands in front of the Government House in St. Augustine. Florida's first constitution as a U.S. territory was written and implemented in 1838. On March 3, 1845, Florida was granted admission into the Union as the 27th state. The current Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since. On November 6, Florida voters again will be asked to give their approval or disapproval on amendments to the Florida state constitution. On the general election ballot, along with candidates for federal, state and local office, will be the state constitutional amendments. The proposed amendments require 60% approval from voters to pass [see Florida Constitution, Article XI, Section 5(e)]. There are three ways proposed constitutional amendments can get on the election ballot. # 1 Florida allows citizens to initiate constitutional amendments. The deadline for initiative petition signatures to be verified for the 2018 ballot was February 1, 2018. As local election officials are given one month to inspect signatures, the suggested deadline to file signatures was January 1, 2018. Proponents of an initiative needed to submit at least 766,200 valid signatures to put their measure on the ballot. # 2 The 2017 state legislative session ran from March 7, 2017, through May 5, 2017, during which time the Florida State Legislature was able to place constitutional amendments on the ballot. The 2018 state legislative session ran from January 9, 2018, through March 9, 2018. The legislature can put a proposed amendment on the ballot upon a 60 percent supermajority vote in both legislative chambers via a joint resolution. Constitutional amendments, be they legislatively referred or initiated, must be approved by at least 60 percent of the electorate. # 3 The Florida Constitution Revision Commission (CRC) convened in 2017. The CRC is an organization provided for in the state constitution that reviews and proposes changes to the Florida Constitution. The 37-member commission meets every 20 years. The CRC of 2017-2018 was sworn in on March 20, 2017, and had until May 10, 2018, to hold public hearings, review proposals, and refer amendments to the ballot for the election on November 6, 2018. 1 P a g e
Some interesting facts about Florida s constitutional amendments. A total of 79 measures appeared on statewide ballots between 1996 and 2016. From 1996 to 2016, an average of seven measures appeared on the ballot during evennumbered years in Florida. The number of measures appearing on even-year statewide ballots between 1996 and 2016 ranged from three to 13. Between 1996 and 2016, 73 percent (58 of 79) of statewide ballots were approved by voters, and 27 percent (21 of 76) were defeated. In 2006, Florida Amendment 3 raised the requirement for approving a constitutional amendment to 60 percent. Between 2008 and 2016, four measures were approved by a simple majority, but failed to meet the supermajority requirement and thus were defeated. The Federal Constitution (ratified on June 21, 1788 and came into force in 1789) is the oldest constitution and amended 27 times [two amendments dealt with prohibition of alcohol]. Subsequent state constitutions have been amended and/or rewritten several times since their initial adoption. The reason for the large number of amendments is that states historically write statutory laws into their constitutions, thus making them longer, more cumbersome, and quickly outdated. Florida is no exception. In 2002, Florida voters placed the protection of pregnant pigs into the constitution, to go into effect in 2008. Voters decisions on constitutional amendments are significant, as these revisions and additions can only be changed by a future amendment submitted to the voters and approved by at least 60%. In contrast, statutory laws passed by the state legislature can be amended or revoked by a simple majority vote of the state legislature at any time. The following fact sheets contain information about the proposed constitutional amendments that will appear on the November 6, 2018 general election ballot. For each amendment, there is the ballot number, sponsor, official description that will appear on the ballot, a discussion of the amendment and its impact, and a list of those supporting and opposing the amendment. The information for these fact sheets was gathered from a wide range of sources and are designed as an educational, informational presentation to help educate voters on these complex issues. The FPPTA has no official position on any of the amendments, does not recommend how to vote, and believes the information contained in this booklet to be accurate and true. It is designed to provide a brief summary of the constitutional issues on the ballot and before the voters in Florida this November. FPPTA is responsible for any errors or omissions in this educational booklet. 2 P a g e
AMENDMENT 1 Increased Property Tax Exemption Sponsor: The Florida Legislature: House Vote 83-35; Senate Vote 28-10 Official Ballot Summary: Proposing an amendment to the State Constitution to increase the homestead exemption by exempting the assessed valuation of homestead property greater than $100,000 and up to $125,000 for all levies other than school district levies. The amendment shall take effect January 1, 2019. What It Means: Allow homeowners to deduct up to another $25,000 from the taxable value of a home worth more than $100,000, starting on Jan. 1, 2019. It excludes local school taxes from the new exemption. Will cost Florida s cities, counties and other taxing authorities an estimated $687 to $753 million in the first year, starting in 2019, according to the Florida Association of Counties. Estimated tax loss is $817 million by the fifth year. Likely will result in cuts to services or higher local rates to make up for the revenue losses, or possibly both. In essence, the state is offering a "tax cut" out of the pocketbooks of local communities rather than their own. It may be called a "tax cut" but for many it will be a "tax hike" as business owners, apartment dwellers, and others will likely pay more. Florida s 29 fiscally constrained counties that are at or near the 10-mill cap will have no choice but to cut services they provide today. The additional exemption means that cities that choose to maintain their current millage rates must make tough cuts in the services currently provided to their citizens. Supporters: Florida State Legislature Opposed: Florida League of Cities, Florida Association of Counties, Florida Education Association, League of Women Voters of Florida, Florida AFL-CIO 3 P a g e
AMENDMENT 2 Limitations on Property Tax Assessments Sponsor: The Florida Legislature: House Vote 110-3; Senate Vote 35-4 Official Ballot Summary: Proposing an amendment to the State Constitution to permanently retain provisions currently in effect, which limit property tax assessment increases on specified non-homestead real property, except for school district taxes, to 10 percent each year. If approved, the amendment removes the scheduled repeal of such provisions in 2019 and shall take effect January 1, 2019. What It Means: The amendment would cement an existing cap on non-homestead property assessments. Such property tax assessment increases have been limited to 10 percent of the previous year s assessed value since 2008, when another constitutional amendment that capped the increases passed. Continue to deny local governments (excluding school districts) tax revenue they would otherwise collect from rising property values. It would end the practice of limiting tax increases on non-homestead property by limiting property-value increases to 10 percent. Possibly lead to higher tax bills for non-homestead property, resulting in additional revenue to local governments of about $700 million, according to the state Revenue Estimating Conference. Supporters: Florida State Legislature, Florida Association of Realtors, Florida TaxWatch, Florida Chamber of Commerce Opposed: Florida AFL-CIO, League of Women Voters, Florida Education Association 4 P a g e
AMENDMENT 3 Voter Control of Gambling in Florida Sponsor: Voters in Charge Political Committee petition from 843,312 voters Official Ballot Summary: This amendment ensures that Florida voters shall have the exclusive right to decide whether to authorize casino gambling by requiring that in order for casino gambling to be authorized under Florida law, it must be approved by Florida voters pursuant to Article XI, Section 3 of the Florida Constitution. Affects articles X and XI. Defines casino gambling and clarifies that this amendment does not conflict with federal law regarding state/tribal compacts. What It Means: Would provide voters with the exclusive right to decide whether to authorize casino gambling and expansions in the state. Both the state legislature and the voters currently have the authority to authorize casino gambling through constitutional amendment. Requires approval of any new casino gambling through a citizen-initiative constitutional amendment, effectively barring the Legislature or the Constitutional Reform Commission from making those gambling decisions. Continue to allow the Legislature to approve other types of non-casino gambling, such as poker rooms, bingo, lotteries and fantasy sports. Allow the Legislature to oversee, regulate and tax any casino-type gambling that voters approve through a constitutional amendment. Not affect the state s ability to negotiate casino agreements with Native-American tribal lands established through state-tribe compacts. Supporters: Disney, Seminole Tribe of Florida, Florida Chamber of Commerce, League of Women Voters Opposed: Florida AFL-CIO, Florida Education Association 5 P a g e
AMENDMENT 4 Restoring Voting Rights for Individuals with Felony Convictions Sponsor: Floridians For a Fair Democracy, Inc. petition from 842,796 voters Official Ballot Summary: This amendment restores the voting rights of Floridians with felony convictions after they complete all terms of their sentence including parole or probation. The amendment would not apply to those convicted of murder or sexual offenses, who would continue to be permanently barred from voting unless the Governor and Cabinet vote to restore their voting rights on a case by case basis. What It Means: Currently, the law requires individuals with felony convictions to go before a state board to restore their individual voting rights. For the past seven years, the state has required that ex-felons wait at least five years after their sentences are complete to apply to regain voting rights. The current process can take a decade or more under the Scott administration's requirement that a state clemency board consider each request during their four meetings a year. In addition to the challenge posed by the amendment, the system is the subject of an ongoing, protracted legal battle. U.S. District Judge Mark Walker in March struck down the vote restoration system for felons as so arbitrary as to be unconstitutional, but the state won a stay of his injunction as an appeal goes to the U.S. Circuit Court of Appeals. Arguments in the legal case are expected to be heard in July, but the case is unlikely to be resolved before voters cast their ballots in November. If passed, about 1.5 million people in Florida could be affected. Supporters: Florida Education Association, Florida AFL-CIO, League of Women Voters Opposed: 6 P a g e
AMENDMENT 5 Super-majority Vote Required to Impose, Authorize, or Raise State Taxes or Fees Sponsor: Florida State Legislature: House 80-29; Senate 25-13 Official Ballot Summary: Prohibits the legislature from imposing, authorizing, or raising a state tax or fee except through legislation approved by a two-thirds vote of each house of the legislature in a bill containing no other subject. This proposal does not authorize a state tax or fee otherwise prohibited by the Constitution and does not apply to fees or taxes imposed or authorized to be imposed by a county, municipality, school board, or special district. What It Means: If approved, it would require a two-thirds super-majority vote in the Legislature to impose, approve or raise state taxes and fees. The higher threshold means it would take only a third of members in either the state House or Senate to block any future tax increases or repeal existing exemptions. The idea, floated by Gov. Rick Scott last year, would also stop any provisions to raise taxes or fees from being tacked onto other state bills, and does not apply to any fees or taxes that would be levied by local governments or agencies, such as school districts. Supporters: Florida TaxWatch, Florida Chamber of Commerce Opposed: Florida Education Association, League of Women Voters, Florida AFL-CIO 7 P a g e
AMENDMENT 6 Rights of Crime Victims, Increase Judge Retirement Age, and Interpreting Statutes Sponsor: Constitution Revision Commission (vote of 34-3) Official Ballot Summary: Creates constitutional rights for victims of crime; requires courts to facilitate victims rights; authorizes victims to enforce their rights throughout criminal and juvenile justice processes. Requires judges and hearing officers to independently interpret statutes and rules rather than deferring to government agency s interpretation. Raises mandatory retirement age of state justices and judges from seventy to seventy-five years; deletes authorization to complete judicial term if one-half of term has been served by retirement age. What It Means: Would add a list of rights for crime victims, known as a Marsy s Law. Enshrine in the state Constitution an array of victims rights, many of which are currently in state law. Place new time limits on filing appeals. Require that victims receive some type of written notification of their rights. Eliminate an existing constitutional provision that ensures victims rights don t infringe on the rights of accused criminals. The other two aspects of this measure: Raise the mandatory retirement age for Supreme Court justices and judges from 70 to 75; Prohibit courts and judges from deferring to an administrative agency s interpretation of state laws or rules when deciding cases. Supporters: Constitutional Revision Commission Opposed: Florida Education Association, League of Women Voters, Florida AFL-CIO 8 P a g e
AMENDMENT 7 First Responder and Military Member Survivor Benefits, and Public Colleges and Universities Sponsor: Constitution Revision Commission (vote of 30-7) Official Ballot Summary: Grants mandatory payment of death benefits and waiver of certain educational expenses to qualifying survivors of certain first responders and military members who die performing official duties. Requires supermajority votes by university trustees and state university system board of governors to raise or impose all legislatively authorized fees if law requires approval by those bodies. Establishes existing state college system as constitutional entity; provides governance structure. What It Means: Would require employers to provide benefits to surviving spouses of first responders if they die on duty, and it would require the state to provide benefits to surviving spouses of active-duty military members who are killed. Expand the definition of first responders under state law to include paramedics and emergency medical technicians. Create a constitutional requirement for state and local governments to pay death benefits to first responders. Regarding the military, the state would have to provide certain death benefits to surviving spouses of military members accidentally, unlawfully or intentionally killed. In addition, the state would have to waive certain educational expenses for surviving children or spouses who are pursuing a career-certificate, undergraduate education or postgraduate education. Estimated active-duty military personnel: 55,862 (0.35% of civilian population). Require the state to provide death benefits to members of the U.S. military who are either residents of Florida or who are stationed in the state. Create an undetermined financial burden on local and state government from paying death benefits to a larger group of first responders and members of the military. The amendment does not specify a funding source for those payments. The last parts of the measure would require university trustees to agree by a third-thirds supermajority to raise college fees and establish the state college system in the state Constitution. Universities are currently in the Constitution, but state colleges (community colleges) are not. Make the governing framework for state colleges a part of the Constitution. Supporters: Constitution Revision Commission Opposed: Florida Education Association, League of Women Voters, Florida AFL-CIO NOTE The Florida Professional Firefighters and the Florida FOP have not taken a position on Amendment 7. Note: September 7, a Leon County circuit court ruled against the amendment and removed it from the ballot. An appeal is pending before the Florida Supreme Court. 9 P a g e
AMENDMENT 9 Prohibition of Offshore Oil and Gas Drilling and Prohibition of Vaping in Enclosed Indoor Workplaces Sponsor: Constitution Revision Commission (vote of 33-3) Official Ballot Summary: Prohibits drilling for the exploration or extraction of oil and natural gas beneath all state-owned waters between the mean high water line and the state s outermost territorial boundaries. Adds use of vapor-generating electronic devices to current prohibition of tobacco smoking in enclosed indoor workplaces with exceptions; permits more restrictive local vapor ordinances. What It Means: It would ban offshore drilling for oil and natural gas on all lands beneath state waters. Enshrine in the Constitution a ban on oil and gas drilling beneath Florida state waters. Exempt shipments of oil and gas on Florida s waters. Possibly signal to the federal government Floridians opposition to offshore drilling. Apply constitutional restrictions to drilling only to waters under state control, not to waters under federal control. The measure also bans the use of vapor-generating electronic devices, including electronic cigarettes, in indoor workplaces Add new restrictions to the Constitution on the use of electronic vaping devices, largely mirroring current constitutional restrictions on indoor workplace smoking. Create exceptions to the vaping restrictions in homes, bars, vaping retailers and hotel rooms designated for vaping. Allow local governments to pass stricter regulations on the use of vaping devices. Supporters: Constitution Revision Commission, League of Women Voters Opposed: Florida Education Association, Florida Chamber of Commerce, Florida AFL-CIO Note: September 7, a Leon County circuit court ruled against the amendment and removed it from the ballot. An appeal is pending before the Florida Supreme Court. 10 P a g e
AMENDMENT 10 State and Local Government Structure and Operation Sponsor: Constitution Revision Commission (vote 29-8) Official Ballot Summary: Requires legislature to retain department of veterans affairs. Ensures election of sheriffs, property appraisers, supervisors of elections, tax collectors, and clerks of court in all counties; removes county charters ability to abolish, change term, transfer duties, or eliminate election of these offices. Changes annual legislative session commencement date in even-numbered years from March to January; removes legislature s authorization to fix another date. Creates office of domestic security and counterterrorism within department of law enforcement. What It Means: Have the state s legislative session start in January rather than March in even-numbered years (the legislature currently changes its dates by statute), would create a counter-terrorism office and make the state veterans affairs department constitutionally required, and would require five county-level offices to be elected. Force all of Florida s counties, even those with a charter, to hold elections for all five local constitutional offices found in the state Constitution sheriff, property appraiser, supervisor of elections, tax collector and clerk of the circuit court. Singles out Miami-Dade, which is the only county that does not elect a sheriff and instead has an appointed police director. Create an Office of Domestic Security and Counterterrorism within the Florida Department of Law Enforcement and establish it as the lead agency in terrorism investigations and responses. Force the Legislature to always have a Department of Veterans Affairs. Supporters: Constitution Revision Commission Opposed: Florida Education Association, League of Women Voters, Florida AFL-CIO, Florida Association of Counties 11 P a g e
AMENDMENT 11 Property Rights; Removal of Obsolete Provision; Criminal Statutes Sponsor: Constitution Revision Commission (vote of 36-1) Official Ballot Summary: Removes discriminatory language related to real property rights. Removes obsolete language repealed by voters. Deletes provision that amendment of a criminal statute will not affect prosecution or penalties for a crime committed before the amendment; retains current provision allowing prosecution of a crime committed before the repeal of a criminal statute. What It Means: Would revise the Constitution to remove some language, including a provision that stops aliens ineligible for citizenship from owning property. Would do away with the prohibition against foreign-born persons from owning, inheriting, disposing or possessing property. Repeal a nearly century-old provision that allows the Legislature to restrict the property rights of non-citizens. The measure removes a provision that stated a high-speed rail system be developed in Florida. Deletes a section of the Constitution concerning high-speed transportation that was repealed by voters in 2004. The language, however, was not removed. It would also clarify that repealing a criminal statute would not retroactively affect the prosecution of a crime committed previously. Supporters: Florida Chamber of Commerce Opposed: Florida Education Association, Florida AFL-CIO Note: September 7, a Leon County circuit court ruled against the amendment and removed it from the ballot. An appeal is pending before the Florida Supreme Court. 12 P a g e
AMENDMENT 12 Lobbying and Abuse of Office by Public Officers Sponsor: Constitution Revision Commission (vote of 30-4) Official Ballot Summary: Expands current restrictions on lobbying for compensation by former public officers; creates restrictions on lobbying for compensation by serving public officers and former justices and judges; provides exceptions; prohibits abuse of a public position by public officers and employees to obtain a personal benefit. What It Means: Would bar public officials from lobbying both during their terms and for six years following, and restrict current public officers from using their office for personal gain. Extend the ban on state lobbying by legislators and statewide elected officials from two to six years. Prohibit legislators and statewide elected officials from lobbying federal and local government agencies while in office. Prohibit top state agency employees from any lobbying while working for the state and from lobbying state government for six years after leaving their job. Prohibit local elected officials from getting paid to lobby anyone while in office and from lobbying their own governing body for six years after leaving office. Prohibit judges from lobbying any branch of state government for six years after leaving the bench. Prohibit any elected official or public employee from using his or her position to gain a disproportionate benefit, a term to be defined by the state Ethics Commission. Supporters: Opposed: Florida Chamber of Commerce, Florida Education Association, Florida AFL-CIO 13 P a g e
AMENDMENT 13 Ends Dog Racing Sponsor: Constitution Revision Commission (vote of 27-10) Official Ballot Summary: Phases out commercial dog racing in connection with wagering by 2020. Other gaming activities are not affected. What It Means: Bans wagering on any type of dog racing, notably greyhounds, as of Dec. 31, 2020, while continuing to allow dog tracks to continue offering other types of gambling, including poker rooms. Result in a loss of about $1 million in taxes and fees. There are about a dozen tracks in Florida, and the practice has drawn criticism from animal rights advocates who assert that the practice is inhumane. The Florida Greyhound Association has sued seeking to remove the amendment from the ballot. Supporters: League of Women Voters Opposed: Florida AFL-CIO, Florida Chamber of Commerce 14 P a g e
MY VOTING DECISIONS Amendment 1 Increased Property Tax Exemption YES NO Amendment 2 Limitations on Property Tax Assessments YES NO Amendment 3 Voter Control of Gambling in Florida YES NO Amendment 4 Amendment 5 Amendment 6 Amendment 7 Amendment 9 Amendment 10 Amendment 11 Restoring Voting Rights for Individuals with Felony Convictions YES NO Super-majority Vote Required to Impose, Authorize, or Raise State Taxes or Fees Rights of Crime Victims, Increase Judge Retirement Age, and Interpreting Statutes YES NO First Responder and Military Member Survivor Benefits, and Public Colleges and Universities YES NO Prohibition of Offshore Oil and Gas Drilling and Prohibition of Vaping in Enclosed Indoor Workplaces YES NO State and Local Government Structure and Operation YES NO Property Rights; Removal of Obsolete Provision; Criminal Statutes YES NO Lobbying and Abuse of Office by Public Officers YES NO Amendment 12 Amendment 13 Ends Dog Racing YES NO YES NO 15 P a g e