Constitutional Amendments for the 2018 Ballot Amendment 1 - Increased Homestead Property Tax Exemption Sponsor: The Florida Legislature Ballot Language: Proposing an amendment 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 would take effect January 1, 2019. Analysis: We opposed this proposal while it was being debated in the Legislature on the grounds that the additional $25,000 exemption for homesteaded properties would ultimately result in a tax burden shift that would disproportionately impact agricultural landowners. This amendment would have a negative fiscal impact to local governments of more than $750 million. Local governments would be required to find ways to offset this lost revenue, and higher taxes on non-homesteaded property is the most logical source. Could it be done by the Legislature? No FFBF Policy: There is no specific policy dealing with increased homestead exemptions. However, policy clearly supports consistency in administering property tax and opposes tax increases. Staff Recommendation: Oppose due to the distinct possibility of an upward pressure on nonhomesteaded agricultural property. Amendment 2 - Limitations on Property Tax Assessments Sponsor: The Florida Legislature Ballot Language: 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. Analysis: In 2008, a Constitutional amendment passed that limits annual assessment increases on most non-homesteaded properties to 10%. These properties include non-homesteaded residential real property containing nine or fewer units and all real property not subject ot other specified assessment limitations. Greenbelt is considered an assessment limitation and therefore, this amendment would not impact greenbelted properties. The amendment passed in 2008 with a sunset provision for January 1, 2019. The current amendment would simply remove the sunset and make it permanent.
Could it be done by the Legislature? No FFBF Policy: There is no specific policy on this issue. However, owners of non-homesteaded property could see larger property tax increases if it does not pass. Staff Recommendation: No position or support. Amendment 3 - Voter Control of Gambling in Florida Sponsor: Voters In Charge ( No Casinos ) Ballot Language: Approval of 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. Analysis: This amendment would ensure that voters would need to approve any expansion of casino gambling with a 60 percent majority vote. Both Disney and the Seminole Tribe are heavily supporting this amendment. It would essentially ensure the status quo for gaming in Florida. While this does not necessarily directly impact horse racing as it stands today, it could have a future negative impact because it could create a competitive disadvantage for horse racing operations. The gaming issue is incredibly complex. On one hand many Farm Bureau members would be opposed to the expansion of gambling. However, Florida s equine industry is necessarily tied to the gaming industry. FFBF Policy: 62. Legislation for Horse Racing--... Any product affiliated with racing facilities, lottery legislation, or gambling must allow for an expansion of racing opportunities, purses and breeding incentives for Florida race horses and provide tracks with the same regulatory privileges afforded to other gaming venues Staff Recommendation: Oppose. This issue could be addressed by the Legislature and could have negative impacts on the equine industry. Amendment 4 - Voting Restoration Amendment Sponsor: Floridians for a Fair Democracy Ballot Language: 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. Analysis: This amendment would allow felons, who have completed their sentence to have their voting rights automatically restored. There is currently a process for restoring voting rights, but this amendment would make that process automatic. However this does not include murder or sexual offences. Could it be done by the Legislature? No FFBF Policy: 159. Treatment of Criminals--...We recommend firm and mandatory sentences for criminal acts Staff Recommendation: No position. While our policy does address sentencing it does not address the restoration of voting rights. Amendment 5 - Supermajority Vote Required to Impose, Authorize, or Raise State Taxes or Fees Sponsor: The Florida Legislature Ballot Language: 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. Analysis: This amendment simply means that any increased tax or fee would have to pass each chamber of the Legislature by a two-thirds majority. The bill to raise or impose a tax or fee must be a single subject bill. Could it be done by the Legislature? Possibly FFBF Policy: 209. State Tax Reform--We urge government on all levels to eliminate wasteful financial practices and improve accountability before giving any consideration to the concept of raising taxes. Staff Recommendation: Support. Though our policy does not directly address this, it supports more consideration before raising taxes, and a higher threshold. Amendment 6 - Victim's Rights and Judges Ballot Language: RIGHTS OF CRIME VICTIMS; JUDGES. 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. Analysis: Approval of this amendment would establish a series of rights for crime victims, including the right to be notified of major developments in criminal cases and the right to be heard in legal proceedings. There have been cases when victims have been unable to testify or were not informed when the criminal was released etc. It would also increase the retirement age for judges from 70 to 75, which is mandatory. It would also provide that judges or hearing officers should not necessarily defer to the interpretation of laws and rules by governmental agencies in legal proceedings. and no. The Legislature could pass a bill to allow victims access to court proceedings. However, the mandatory retirement age of judges is set in the Constitution and cannot be amended by the legislature. Staff Recommendation: No position. There could be benefit to individuals and businesses from the requirement to notify victims, but it does not seem to be very significant. Amendment 7 - First Responders and Higher Education Ballot Language: FIRST RESPONDER AND MILITARY MEMBER SURVIVOR BENEFITS; PUBLIC COLLEGES AND UNIVERSITIES. 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. 16 Establishes existing state college system as constitutional entity; provides governance structure. Analysis: This is a three-pronged initiative that would require a supermajority vote of the Board of Governors and university trustees to raise existing fees or impose a new one. It also provides a formal governing system for the State College System. The most significant piece of the amendment seeks to give college scholarships to the survivors of certain first responders and members of the military. FFBF Policy: None
Amendment 8 - Public Schools Ballot Language: SCHOOL BOARD TERM LIMITS AND DUTIES; PUBLIC SCHOOLS. Creates a term limit of eight consecutive years for school board members and requires the legislature to provide for the promotion of civic literacy in public schools. Currently, district school boards have a constitutional duty to operate, control, and supervise all public schools. The amendment maintains a school board s duties to public schools it establishes, but permits the state to operate, control, and supervise public schools not established by the school board. Analysis: Approval of this amendment would create eight year term limits for school board members and also create an alternative approval process for public schools, including charter schools. It would also require that civic literacy is taught in all public schools in Florida. Opponents objected out of fear the charter school provision will undermine local control of public schools. Amendment 9 - Oil Drilling and Vaping Ballot Language: PROHIBITS OFFSHORE OIL AND GAS DRILLING; PROHIBITS VAPING IN ENCLOSED INDOOR WORKPLACES. 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. Analysis: This amendment would prohibit drilling for exploration and extraction of oil and natural gas in all state coastal waters. It would also ban vaping in enclosed workspaces including restaurants. FFBF Policy: 99. Energy--We support the development of all sources of energy. 100. Oil and Natural Gas Exploration--We support continued and increased domestic exploration and drilling for oil and natural gas.
Staff Recommendation: Oppose due to policy and because these issues could be addressed by the Amendment 10 - Governmental Structure Ballot Language: STATE AND LOCAL GOVERNMENT STRUCTURE AND OPERATION. 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. Analysis: Approval of this amendment would require all charter-county governments to have elected tax collectors and sheriffs. The amendment would also permanently make January the start of session during even-numbered year. Calls for the creation of the Office of Domestic Security and Counterterrorism in the Florida Department of Law Enforcement and also revise the constitutional authority for the Florida Department of Veterans Affairs. Could it be done by the Legislature? No Staff Recommendation: None. Amendment 11 - Property Rights and High Speed Rail Ballot Language: PROPERTY RIGHTS; REMOVAL OF OBSOLETE PROVISION; CRIMINAL STATUTES. 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. Analysis: This amendment moves a couple of never enforced provisions in the Florida Constitution. A 1926 ban prohibiting immigrants not eligible for citizenship to own or inherit real property, known as an alien land law, was invalidated by the U.S. Supreme Court more than 60- years ago. Other states repealed their versions but Florida s law remains on the book. This amendment would also remove a provision regarding the development of a high-speed ground transportation system from the state s governing document.
FFBF Policy: None Staff Recommendation: Support. This Amendment merely removes outdated and unenforceable language from the Constitution. Amendment 12 - Ethics Ballot Language: LOBBYING AND ABUSE OF OFFICE BY PUBLIC OFFICERS. 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. Analysis: This amendment is an ethics package that would make state and local officials wait six years before they could begin lobbying the government for which they had worked. It also mandates that government officials are not to use their office to receive a disproportionate benefit for themselves or relatives. It would be up to the Florida Commission on Ethics to define a disproportionate benefit. Amendment 13 - Greyhound Racing Ballot Language: ENDS DOG RACING. Phases out commercial dog racing in connection with wagering by 2020. Other gaming activities are not affected. Analysis: Approval of this amendment would ban all greyhound racing in the state of Florida after December 31st, 2020. FFBF Policy: None