2018 BALLOT INITIATIVES REPORT
Tampa, Fla. (970 WFLA) - A full listing of the amendments appearing on the November 6th Ballot. Below you will find the actual Ballot Title and Summary that match your sample ballot along with key takeaways on what the amendments will add, change or delete from the affected parts of the State Constitution.
When appropriate you will find legal analysis considering certain issues affecting the amendment in question and more expansive information of what is contained in the full text of the amendments.
AMENDMENT1
BALLOT TITLE: Increased Homestead Property Tax Exemption
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 alllevies other than school district levies. The amendment shall take effect January 1, 2019.
YES –ADDS EXEMPTION FROM PROPERTY TAXES, NOT SCHOOL TAXES, VALUED BETWEEN$100,000 TO $125,000
MAXIMUM HOMESTEAD EXEMPTION WOULD BE $75,000
EFFECTIVE DATE IF PASSED – JANUARY 1, 2019
NO –LEAVES CURRENT PROPERTY VALUE RANGES IN PLACE (PROPERTY VALUES UP TO$25,000 AND $50, TO $75,000)
MAXIMUM HOMESTEAD EXEMPTION WOULD BE $50,000
AMENDMENT2 - PROPERTY TAXES ON OTHER PROPERTIES
BALLOT TITLE: Limitations on Property Tax Assessments
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 realproperty, 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.
YES –CURRENT 10 PERCENT LIMIT REMAINS IN PLACE AND WILL NOT BE INCREASED ON NON-HOMESTEAD PROPERTIES (2ND HOMES, RENTAL PROPERTIES, COMMERCIAL OR VACANT LAND I.E. PROPERTY YOU OWN THAT IS NOT YOUR PRIMARY RESIDENCE)
EFFECTIVE DATE IF PASSED – JANUARY 1, 2019
NO –10% CAP EXPIRES AND RULES PREVIOUSLY WRITTEN TO ALLOW FOR INCREASES WILL GO FORWARD AS PREVIOUSLY PLANNED.
AMENDMENT3 – GAMBLING
BALLOTTITLE: Voter Control of Gambling in Florida
BALLOT SUMMARY: This amendment ensures that Florida voters shall have the exclusive right to decide whether to authorize casino gambling byrequiring 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.
FINANCIAL IMPACT STATEMENT: The amendment’s impact on state and local government revenues and costs, if any, cannot be determined at this time because of its unknown effect on gambling operations that havenot been approved by voters through a constitutional amendment proposed by a citizens’ initiative petition process.
YES –VOTERS WILL HAVE SOLE AUTHORITY TO EXPAND CASINO GAMBLING OUTSIDE OF SEMINOLE TRIBES AND ALREADY ESTABLISHED PARI-MUTUAL (BETTING) ESTABLISHMENTS IN BROWARD /MIAMI-DADE.
AMENDMENT3 WOULD ALSO ADD DEFINITIONS FOR WHAT CONSTITUTES “CASINO GAMBLING”
CASINO GAMES FOUND IN TRADITIONAL INDIAN GAMING CASINOS AND DEFINED BY FEDERAL LAWS
HOUSE BANKING GAMES LIKE BACCARAT, BLACKJACK, CALIFORNIA BLACK JACK
ROULETTE,CRAPS, SLOT MACHINES, ELECTRONIC / VIDEO GAMING DEVICES THAT SIMULATE A GAME OF CHANCE
SPECIFICALLY EXCLUDES, PARIMUTUAL WAGERING, HORSE RACING, DOG RACING, JAI-ALAI
NO- CURRENTLY,LEGISLATURE HAS ABILITY TO AUTHORIZE ADDITION / EXPANSION OF CASINO GAMBLING IN THE STATE BUT HAS REPEATEDLY FAILED TO DO SO. THEY, ALONG WITH VOTERS WOULD BOTH RETAIN ABILITY TO ADD CASINO GAMBLING.
AMENDMENT4 - RESTORATION OF FELON VOTING RIGHTS – CITIZEN INITIATIVE
BALLOT TITLE: Voting Restoration Amendment
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 bepermanently barred from voting unless the Governor and Cabinet vote to restore their voting rights on a case by case basis.
FINANCIAL IMPACT STATEMENT: The precise effect of this amendment on state and local government costs cannot be determined, but the operation of current voter registration laws, combined with an increased number of felons registering to vote, will produce higher overall costs relative to the processes in place today. The impact, if any, on state and local government revenues cannot be determined. The fiscal impact of any future legislation that implements a different process cannot be reasonably determined.
YES –CONVICTED FELONS (EXCEPT THOSE CONVICTED OF MURDER OR SEXUAL OFFENSES) WOULD HAVE *ONLY THEIR VOTING RIGHTS RESTORED AUTOMATICALLY UPON FULL COMPLETION OF SENTENCE INCLUDING PRISON, PROBATION, COMMUNITY CONTROL ALONG WITH ALL CONDITIONS OF SUPERVISION.
CURRENTLY NON-VIOLENT FELONY OFFENDERS MUST WAIT 5 YEARS TO APPLY TO THE CLEMENCY BOARD TO POSSIBLY GET A HEARING.
NON-VIOLENT FELONIES INCLUDE GRAND THEFT (INCLUDING SHOPLIFTING OVER $300),SIMPLE DRUG POSSESSION (METH, CANNABIS, PRESCRIPTION DRUGS), FELONY DRIVING ON A SUSPENDED LICENSE, CARRYING CONCEALED FIREARM AND EVEN TAMPERING WITH CRAB TRAPS (3RD DEGREE FELONY)
THOSETHAT HAVE BEEN CONVICTED OF WHAT THE BOARD DETERMINES TO BE MORETHAN 60 TYPES OF VIOLENT FELONIES MUST WAIT 7 YEARS.
POTENTIALLYAFFECTS APPROXIMATELY 1.5MILLION FELONS (REGARDLESS OF RACE) WHO MAY REGISTER TO VOTE
EFFECTIVEDATE IF PASSED – JANUARY 1, 2019
NO –CURRENT 5 AND 7 YEAR WAITING PERIODS REMAIN IN EFFECT; RESTORATION OF VOTING RIGHTS REMAINS AT DISCRETION OF GOVERNOR / CLEMENCY BOARD
AMENDMENT5 – PROPOSED BY FLORIDA LEGISLATURE
BALLOTTITLE: Super majority Vote Required to Impose, Authorize, or Raise State Taxes or Fees
BALLOTSUMMARY: 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
YES –ANY HIKE IN STATE FEES SUCH AS DRIVER’S LICENSE AND VEHICLE REGISTRATION FEES OR STATE SALES TAXES WOULD REQUIRE TWO-THIRDS (2/3)VOTE OF BOTH THE STATE HOUSE AND SENATE TO PASS LEGISLATION,INCREASING IT FROM CURRENT SIMPLE MAJORITY VOTE
EFFECTIVE DATE IF PASSED – JANUARY 1, 2019
NO –KEEPS THE CURRENT SIMPLE MAJORITY VOTE IN PLACE FOR THE STATE HOUSEAND SENATE TO INCREASE FEES, TAXES
NOTE:THE FOLLOWING AMENDMENTS WERE PROPOSED BY THE STATE’SCONSTITUTIONAL REVISION COMMISSION. THE COMMISSION CONVENES ONCE EVERY 20 YEARS TO REVIEW CONSTITUTIONAL PROVISIONS, HOLD PUBLIC HEARINGS THEN SUBMIT PROPOSED CHANGES THROUGHBALLOT INITIATIVES TO THE SECRETARY OF STATE WHO OVERSEES STATE ELECTIONS. SEVERAL OF THE FOLLOWING AMENDMENTS WERE CHALLENGED IN STATE COURT ON A VARIETY OF ISSUES, INCLUDING THE LEGAL CONCEPT OF“BUNDLING.”
BUNDLING OCCURS WHEN SEVERAL ISSUES ARE ROLLED INTO ONE AMENDMENT, SUPPOSEDLY INVIOLATION OF THE SINGLE SUBJECT RULE THAT IS REQUIRED TO GET ANAMENDMENT APPROVED. AMENDMENT 8 WAS THE ONLY BALLOT INITIATIVE THAT WAS REMOVED FROM CONSIDERATION BY THE FLORIDA SUPREME COURT FOR BUNDLING.
AMENDMENTS7, 9, 11 AND 13 WERE SIMILARLY CHALLENGED BUT ALLOWED BY THE SUPREME COURT IN THE END.
IN IT'S RULING ISSUED ON OCTOBER 17TH, THE JUSTICES POINTED OUT THAT AMENDMENTS COMING FROM THE CONSTITUTIONAL REVISION COMMITTEE DO NOT FALL UNDER THE "SINGLE SUBJECT" RULE FOR BALLOT INITIATIVES THAT ARE DONE BY PETITION OR PASSED BY THE LEGISLATURE.
AMENDMENT6 -
BALLOT TITLE: Rights of Crime Victims; Judges
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.
LEGALANALYSIS: DESPITE 3 ISSUES DEALING WITH CRIME VICTIMS AND JUDGES,AMENDMENT 6 WAS *NOT CHALLENGED IN COURT.
YES - ISSUE1 – CRIME VICTIM’S RIGHTS (THIS LIST IS *NOT EXHAUSTIVE. PLEASE SEE FULL TEXT OF AMENDMENT 6)
CREATES CERTAIN RIGHTS GUARANTEED TO CRIME VICTIMS AND THEIR FAMILIES
RIGHT NOT TO BE HARASSED BY DEFENDANT / DEFENDANT’S FAMILY
CREATE’S STATE ATTORNEY’S RIGHT TO SPEEDY TRIAL – TRIAL TO BE HELD WITHIN 60 DAYS OF STATE ATTORNEY FILING CASE (THIS DOES *NOT AFFECT A DEFENDANT’S CONSTITUTIONAL RIGHT TO SPEEDY TRIAL. THIS WILL BE A REQUEST MADE TO A JUDGE, MOST LIKELY WHEN A CASE HAS BEEN POSTPONED FOR A LONG PERIOD OF TIME)
LIMITS APPEAL PROCESS TO 2 YEARS IN NON-CAPITAL CASES (ALL CASES THAT ARE*NOT 1ST DEGREE MURDER OR CAPITAL SEXUAL BATTERY)
LIMITS APPEAL PROCESS IN CAPITAL CASES TO 5 YEARS (1ST DEGREE MURDER AND CAPITAL SEXUAL BATTERY)
RIGHT FOR VICTIM TO BE REPRESENTED BY AN ATTORNEY TO ACT IN THEIR INTERESTS DURING THE CRIMINAL CASE
ACCESS TO PRE-SENTENCING REPORTS
ISSUE 2 – JUDICIAL RETIREMENT AGE RAISED FROM 70 TO 75
ISSUE 3 – REQUIRES JUDGES TO READ / INTERPRET STATUTES AND LAWS INSTEAD OF RELYING ON ADMINISTRATIVE AGENCIES.
LEGAL LESSON: THE CURRENT VICTIM’S RIGHTS PORTION OF THE CONSTITUTION GUARANTEES CRIME VICTIMS THE RIGHT TO BE ADVISED OF AND BE PRESENT AT ALL MATERIAL STAGES OF ANY PROCEEDINGS, INCLUDING HOMICIDE VICTIM’S NEXT OF KIN EVEN IF A FAMILY MEMBER MAY POTENTIALLY BE CALLED AS A WITNESS
EFFECTIVE DATE IF PASSED – JANUARY 1, 2019
NO –CURRENT RIGHT OF CRIME VICTIM, HOMICIDE VICTIM’S FAMILY / NEXT OF KIN TO BE NOTIFIED OF AND BE PRESENT AT ALL HEARINGS AND BE HEARD WHEN APPROPRIATE. JUDICIAL CHANGES WOULD NOT TAKE PLACE EITHER.
AMENDMENT7
NOTE: THIS INITIATIVE WAS CHALLENGED IN COURT FOR BUNDLING. THE FLORIDA SUPREME COURT HAS ALLOWED IT TO APPEAR ON THE BALLOT.
BALLOT TITLE: First Responder and Military Member Survivor Benefits; Public Colleges and Universities
BALLOT SUMMARY: Grants mandatory payment of death benefits and waiver ofcertain educational expenses to qualifying survivors of certain first responders and military members who die performing official duties. Requires super-majority votes by university trustees and stateuniversity 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 constitutionalentity; provides governance structure.
YES– ISSUE 1 – DEATH BENEFITS, WAIVER OF EDUCATIONAL EXPENSES FOR SURVIVORS OF MILITARY, FIRST RESPONDERS
COVERS FIREFIGHTERS, PARAMEDICS, EMERGENCY MEDICAL TECHNICIAN (EMT), LAW ENFORCEMENT OFFICERS, CORRECTIONS OFFICERS (PRISONS), CORRECTIONALPROBATION OFFICER, MEMBER OF THE FLORIDA NATIONAL GUARD, U.S. ARMED FORCES
INTENTIONALLY OR ACCIDENTALLY KILLED, SERIOUSLY INJURED THEN LATER DIES
APPLIES TO CHILD OR SPOUSE OF ELIGIBLE MEMBERS
COVERS CAREER CERTIFICATE PROGRAMS, UNDERGRADUATE AND POST GRADUATE STUDIES
ELIGIBLE MEMBER MUST BE FLORIDA RESIDENT OF HAVE DUTY POST IN FLORIDA
EFFECTIVE DATE: LEGISLATURE TO CREATE LAW – JULY 1, 2019
ISSUE2 –VOTES TO INCREASE COLLEGE, UNIVERSITY FEES BY BOARD OF GOVERNORS OR BOARD OF TRUSTEES OF UNIVERSITIES (EXCLUDING TUITION) MUST BE DONE BY SUPER-MAJORITY (2/3) VOTE BY MEMBERS
ISSUE3 –WOULD ADD ALL STATE AND COMMUNITY COLLEGES INTO THE CONSTITUTION ALONG WITH UNIVERSITIES FOR STATE UNIVERSITY SYSTEM
NO– NONE OF THE ABOVE PROVISIONS WOULD BE ADDED.
AMENDMENT8 – ***STRUCK DOWN BY FLORIDA SUPREME COURT BASED ON BUNDLING. THIS IS NOT ON THE BALLOT***
BALLOTTITLE: School Board Term Limits and Duties; Public Schools
BALLOTSUMMARY: Creates a term limit of eight consecutive years for schoolboard members and requires the legislature to provide for thepromotion of civic literacy in public schools. Currently, districtschool boards have a constitutional duty to operate, control, andsupervise 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.
LEGAL ANALYSIS BASED ON FLORIDA SUPREME COURT RULING
HAD THREE DIFFERENT INITIATIVES ROLLED INTO ONE - BUNDLING
VIOLATES SINGLE SUBJECT RULE FOR AMENDMENTS
MOST CONTROVERSIAL à TRANSFER OF CHARTER SCHOOL OVERSIGHT TO A STATE BOARD
WOULD HAVE TAKEN CONTROL OF CHARTER SCHOOLS AWAY FROM LOCAL SCHOOL DISTRICT
“SUPERVISES PUBLIC SCHOOLS NOT ESTABLISHED BY THE SCHOOL BOARD”
AMENDMENT9
BALLOT TITLE: Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in Enclosed Indoor Workplaces
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.
YES –ISSUE 1: UPDATES GENERAL PROVISION OF THE CONSTITUTION DEALING WITH AIR AND WATER POLLUTION ACROSS THE STATE AND THE EVERGLADES TO INCLUDE A BAN ON EXPLORATION AND EXTRACTION OF OIL OR NATURAL GAS BENEATH ALL STATE WATERS
PROTECTED AREAS WOULD RUN FROM THE MEAN HIGH WATER LINE ALONG THE COAST TO THE TERRITORIAL WATER BOUNDARIES OF THE COAST
ISSUE2: ADDS USE OF VAPOR-GENERATING DEVICES TO BAN ON SMOKING IN INDOOR WORKPLACES; DOES NOT RESTRICT COUNTIES / CITIES TO PASS MORE RESTRICTIVE ORDINANCES
DOES *NOT APPLY TO PRIVATE HOMES **UNLESS THEY ARE BEING USED TO PROVIDE CHILD CARE, ADULT CARE OR HEALTH CARE (DAYCARE CENTERS RUN OUT OF A HOME, NURSING HOMES, ETC)
DOES *NOT APPLY TO VAPING RETAILERS, DESIGNATED SMOKING ROOMS AT HOTELS OR LODGING ESTABLISHMENTS
ALLOWS CITIES, COUNTIES, MUNICIPALITIES TO PASS ORDINANCES TO RESTRICT FURTHER
EFFECTIVE DATE IF PASSED – JANUARY 1, 2019
NO –NEITHER PROVISION ARE ADDED TO THE CONSTITUTION
FLORIDA SUPREME COURT ANALYSIS: LIKE AMENDMENT 7, AMENDMENT 9 WAS CHALLENGED FOR BUNDLING OF ISSUES, BUT WAS UPHELD BY THE SUPREME COURT
AMENDMENT10
BALLOT TITLE: State and Local Government Structure and Operation
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 allcounties; 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 counter-terrorism within department of law enforcement.
YESISSUE 1 –PROTECTS VETERANS AFFAIRS DEPARTMENT BY MAKING IT CONSTITUTIONALLY MANDATED DEPARTMENT IN FLORIDA
ISSUE2-REQUIRES ALL COUNTIES TO ELECT LOCAL OFFICIALS NAMED IN THE BALLOT SUMMARY ABOVE.
PRIMARILY AIMED AT MIAMI-DADE COUNTY WHO DOES *NOT ELECT SHERIFF
OTHER POSITIONS AS MENTIONED ARE ALREADY ELECTED
ALSO PREVENTS REMOVAL, TRANSFER OF DUTIES, ETC. OF THOSE OFFICIALS BY COUNTY CHARTER
ISSUE3 –SETS START OF LEGISLATIVE SESSION IN JANUARY INSTEAD OF MARCH IN EVEN-NUMBERED YEARS
ISSUE4 –CONSTITUTIONALLY CREATES COUNTER-TERRORISM OFFICE
NO –DOES NOT MAKE ANY OF THE ABOVE CHANGES
EFFECTIVE DATE IF PASSED – JANUARY 1, 2019
AMENDMENT11
NOTE:**CHALLENGED IN COURT FOR BUNDLING OF ISSUES – FLORIDA SUPREME COURT ALLOWING IT ON THE BALLOT**
BALLOTTITLE: Property Rights; Removal of Obsolete Provision; Criminal Statutes
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.
NOTE:THIS IS ESSENTIALLY A MEASURE TO CLEAN-UP CERTAIN PARTS
YES– ISSUE 1 –REMOVES LANGUAGE THAT PROPERTY OWNERSHIP BY “ALIENS INELIGIBLE FOR CITIZENSHIP” COULD BE REGULATED OR PROHIBITED
ISSUE2 –REMOVES LANGUAGE FROM HIGH SPEED RAIL AMENDMENT PASSED IN 2003 BUT LATER REPEALED
ISSUE3 –REPEAL OF CRIMINAL LAW WILL NOT AFFECT PROSECUTION FOR THAT CRIME IFIT WAS COMMITTED BEFORE IT WAS REPEALED (I.E. IF POLICE DISCOVER A CRIME WAS COMMITTED BEFORE A LAW WAS REPEALED – NOT AMENDED—CRIME COULD STILL BE PROSECUTED
EFFECTIVE DATE IF PASSED – JANUARY 1, 2019
NO –ABOVE CHANGES WOULD NOT BE MADE INCLUDING POSSIBLY NOT ALLOWING NON-CITIZENS TO OWN PROPERTY
AMENDMENT12
BALLOT TITLE: Lobbying and Abuse of Office by Public Officers
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.
YES –BAN ON LOBBYING BY CERTAIN PUBLIC OFFICIALS (STATE AND LOCAL) FOR PERIOD OF 6 YEARS AFTER LEAVING OFFICE
ALSO APPLIES TO FORMER JUSTICES AND JUDGES TO BAN LOBBYING FOR 6 YEARS
CONSTITUTIONAL BAN ON USING CURRENT OFFICE FOR OWN PERSONAL GAIN
EFFECTIVE DATE IF PASSED – JANUARY 1, 2020 AND JANUARY 1, 2022 DEPENDING ON CERTAIN POSITIONS
NO –NO CHANGES WOULD BE MADE
AMENDMENT13
BALLOT TITLE: Ends Dog Racing
BALLOT SUMMARY: Phases out commercial dog racing in connection with wagering by 2020. Other gaming activities are not affected.
YES –BAN ON GREYHOUND RACING AT PARIMUTUAL FACILITIES BUT DOES NOT AFFECT ANY OTHER GAMBLING THAT OCCURS (SLOTS, CARD GAMES) AT THOSE SAME LOCATION
SOME BETTING FACILITIES HAVE REQUIREMENT OF DOG RACING AS PART OF THEIR LICENSE – WOULD NOT BE PENALIZED FOR STOPPING NOR WOULD IT PREVENT APPLICATION OR RENEWAL OF LICENSE
ALSO WOULD *NOT AFFECT BETTING ON OUT-OF-STATE DOG RACING (I.E. WATCHING ON TV AND WAGERING)
EFFECTIVE DATE IF PASSED – JANUARY 1, 2019
NO: COMMERCIAL DOG RACING WOULD REMAIN IN FLORIDA