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Proposed amendments to the Florida Constitution on the November 2018 ballot

Published in Blog on May 29, 2018 by Eugene L Cloud

The Florida Constitution Review Commission (CRC) has finished its work and filed their report with the Florida Secretary of State. They proposed eight* amendments. The amendments proposed by the commission must and will appear on the November 2018 ballot.

But those won’t be the only amendments on the ballot. Since the 2016 election the legislature has passed three proposed amendments, and citizen initiatives have obtained sufficient signatures to put two more proposal on the ballot. We are going to face 13 amendments.

The table below list all thirteen, the order in which they will appear on the ballot, who was the sponsor, and (in the case of citizen petitions) when they were approved to start the signature collection process.

Ballot # Title Sponsor Date
1 Increased Homestead Property Tax Exemption The Florida Legislature/House   (HJR7105) 05/05/2017
2 Limitations on Property Tax Assessments The Florida Legislature/House   (CS/HJR 21) 05/08/2017
3 Voter Control of Gambling in Florida Voters In Charge 10/26/2015
4 Voting Restoration Amendment Floridians for a Fair Democracy, Inc. 10/31/2014
5 Supermajority Vote Required to Impose, Authorize, or Raise State Taxes or Fees The Florida Legislature/House   (HJR7001) 03/16/2018
6 Rights of Crime Victims; Judges Constitution Revision Commission 05/09/2018
7 First Responder and Military Member Survivor Benefits; Public Colleges and Universities Constitution Revision Commission 05/09/2018
8 School Board Term Limits and Duties; Public Schools Constitution Revision Commission 05/09/2018
9 Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in Enclosed Indoor Workplaces Constitution Revision Commission 05/09/2018
10 State and Local Government Structure and Operation Constitution Revision Commission 05/09/2018
11 Property Rights; Removal of Obsolete Provision; Criminal Statutes Constitution Revision Commission 05/09/2018
12 Lobbying and Abuse of Office by Public Officers Constitution Revision Commission 05/09/2018
13 Ends Dog Racing Constitution Revision Commission 05/09/2018


Did you notice the asterisk after the word “eight” in the above paragraph? In fact, the CRC proposed 22 amendments. The CRC did the citizens of Florida a very big disservice by lumping topics on different subjects into seven of the eight proposals.

The CRC summary of each proposal is provided below. The little table below each summary indicates how many topics are included in the proposal. They gave us a take-it or leave-it choice.

Look at the amendments and know how you are going to vote before you head to the polls. If you are voting by mail, take the time to understand these amendments.

If 60% of the votes cast favor an amendment, it becomes part of the Florida Constitution and we all have to support and live by its provisions.

The two links below lead you to the source of this information.

Florida Secretary of State Division of Elections: All amendment Initiatives

Florida Constitutional Review Commission: Proposed Amendments Nov 2018

REVISION 1

CONSTITUTIONAL AMENDMENT

ARTICLE I, SECTION 16

ARTICLE V, SECTIONS 8, 21

ARTICLE XII, NEW SECTION

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.

  1. New Victims Rights Protections
  2. Raise the retirement for judges to 75 years of age.
  3. Require judges to use De Novo (… hearing an administrative action … may not defer to an administrative agency’s interpretation … and must instead interpret such statute or rule de novo.)

 

REVISION 2

CONSTITUTIONAL AMENDMENT

ARTICLE IX, SECTIONS 7, 8

ARTICLE X, NEW SECTION

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. Establishes existing state college system as constitutional entity; provides governance structure.

  1. Minimum Vote of University Boards to raise or impose new fees.
  2. Create a definition of and a governing Structure of the State College system.
  3. Survivors of first responders and military members (FL Nat. Guard) to death benefits.

 

REVISION 3

CONSTITUTIONAL AMENDMENT

ARTICLE IX, SECTION 4, NEW SECTION

ARTICLE XII, NEW SECTION

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.

  1. Limit School Board members terms to eight years.
  2. School boards only control schools they establish (Not charter schools?)
  3. Promote Civic Literacy: educate students to exercise their rights and responsibilities as citizens of a constitutional republic.

 

REVISION 4

CONSTITUTIONAL AMENDMENT

ARTICLE II, SECTION 7

ARTICLE X, SECTION 20

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.

  1. Prohibits offshore oil drilling in state-owned waters.
  2. Prohibits Capo-generating pseudo-cigarettes.

 

REVISION 5

CONSTITUTIONAL AMENDMENT

ARTICLE III, SECTION 3

ARTICLE IV, SECTIONS 4, 11

ARTICLE VIII, SECTIONS 1, 6

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.

  1. Legislature to convene on 2nd Tuesday after the 1st Monday in January (was March) on even numbered years.
  2. Establishes  the Office of Domestic Security and Counterterrorism in DLE
  3. Requires the establishment of a Dept of Veterans’ Affairs
  4. Ensures election of county officers 

 

REVISION 6

CONSTITUTIONAL AMENDMENT

ARTICLE I, SECTION 2

ARTICLE X, SECTIONS 9, 19

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.

  1. Remove a provision authorizing laws that regulate or prohibit the ownership, inheritance, disposition, and possession of real property by aliens ineligible for citizenship.
  2. Remove prohibition on the retroactive application of changes in criminal laws to the punishment of previously committed crimes.
  3. Delete an obsolete development of a high speed ground transportation system.

 

REVISION 7

CONSTITUTIONAL AMENDMENT

ARTICLE II, SECTION 8

ARTICLE V, SECTION 13

ARTICLE XII, NEW SECTION

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. 

  1. Lobbying for compensation restrictions while in office: six years after.
  2. Using position to obtain “disproportionate benefit.”
  3. Prohibit lobbying for compensation by former judges: six years.

 

REVISION 8

CONSTITUTIONAL AMENDMENT

ARTICLE X, NEW SECTION

ARTICLE XII, NEW SECTION

ENDS DOG RACING.—Phases out commercial dog racing in connection with wagering by 2020. Other gaming activities are not affected.

This is the only stand-alone proposal from the CRC.

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