Você está na página 1de 8

Constitutional Amendments

Understanding Your 2018 Ballot Initiatives

The 2018 election ballot will have 13 amendments


for voters to consider. These amendments have many
subjects combined and can be difficult to understand.
The Liberty First Network has created this guide to
explain the amendments that voters will see on their
ballot.
For More Information:

Liberty First Network

Office: (813) 813-0513
Email:
Alex@LibertyFirstNetwork.com


9851 State Road 54

New Port Richey, FL 34653
Amendment 1 Amendment 2
Increased Homestead Property Tax Exemption
Limitations on Property Tax Assessments

Reference: Article VII, Section 6; Article XII, Section 37

Sponsor: The Florida Legislature


Reference: Article XII, Section 27

Sponsor: The Florida Legislature

Ballot Summary Ballot Summary

Proposing an amendment to the State Constitution to


Proposing an amendment to the State Constitution to
increase the homestead exemption by exempting the
permanently retain provisions currently in effect, which
assessed valuation of homestead property greater than
limit property tax assessment increases on specified non-
$100,000 and up to $125,000 for all levies other than
homestead real property, except for school district taxes,
school district levies. The amendment shall take effect
to 10 percent each year. If approved, the amendment
January 1, 2019
removes the scheduled repeal of such provisions in 2019
and shall take effect January 1, 2019

Explanation Explanation

Amendment 1 would provide for an additional homestead Amendment 2 would make permanent the cap of 10
exemption from ad valorem taxes, except levies by percent on annual non-homestead parcel assessment
school districts, for the assessed valuation between increases set to expire on January 1, 2019. The cap does
$100,000 and $125,000. Currently, the Florida not apply to school district taxes. Voters approved the cap
Constitution provides for a homestead exemption on the in 2008, when 64 percent voted to pass Amendment 1.
first $25,000 of assessed value, which is exempt from all Properties considered non-homestead parcels include
taxes. In 2008, Florida voters amended this provision to non-homestead residential properties, such as second
include an additional $25,000 homestead exemption from homes and rental apartments, and nonresidential property,
all taxes other than school district taxes on assessed such as commercial property and vacant land. Before
value between $50,000 to $75,000. If passed, 2008, most non-homesteaded property saw assessed
Amendment 1 would expand the state homestead value increases of more than 10% year to year and in
property tax exemption to $75,000 for homesteaded 2006 alone 30 percent of non-homestead properties in
property over an assessed value of $100,000. Florida were hit with an 80 percent hike from just the year
before. If approved, the amendment removes the
Amendment 1 directs the Legislature to appropriate scheduled repeal of such provisions in 2019 and shall take
funds to offset ad valorem tax revenue losses in fiscally effect January 1, 2019.
constrained counties. Twenty-nine counties in Florida
qualify as “fiscally constrained” under legislative
parameters. It basically covers the state’s small, rural
counties. And under the implementing bill passed by the
legislature in 2017, if the new homestead exemption
passes, those counties will get payments from the state
to cover the cost of the new homestead exemption.
Amendment 3 Amendment 4
Voter Control of Gambling in Florida Voting Restoration Amendment

Reference: Add New Section 29 to Article X


Reference: Article VI, Section 4

Sponsor: Voters In Charge 2640-A Mitcham Drive Tallahassee, FL 32308 Sponsor: Floridians for a Fair Democracy, Inc. 3000 Gulf-to-Bay Boulevard,
Suite 503 Clearwater, FL 33759

Ballot Summary Ballot Summary

This amendment ensures that Florida voters shall have This amendment restores the voting rights of Floridians
the exclusive right to decide whether to authorize casino with felony convictions after they complete all terms of
gambling by requiring that in order for casino gambling to their sentence including parole or probation. The
be authorized under Florida law, it must be approved by amendment would not apply to those convicted of murder
Florida voters pursuant to Article XI, Section 3 of the or sexual offenses, who would continue to be
Florida Constitution. Affects articles X and XI. Defines permanently barred from voting unless the Governor and
casino gambling and clarifies that this amendment does Cabinet vote to restore their voting rights on a case by
not conflict with federal law regarding state/tribal case basis.
compacts.

Explanation Explanation

Amendment 3 would provide voters with the "exclusive Amendment 4 would automatically restore the right to
right to decide whether to authorize casino gambling in vote for people with prior felony convictions, except those
the State of Florida." Amendment 3 would make the convicted of murder or a felony sexual offense, upon
citizen initiative process "the exclusive method of completion of their sentences. Sentences include prison,
authorizing casino gambling," meaning the Florida State parole, and probation. Currently, people with prior
Legislature would not be permitted to authorize casino felonies never regain the right to vote in Florida, unless
gambling through statute or through referring a the state Clemency Board restores an individual's voting
constitutional amendment to the ballot. In Florida, the rights. In Florida, ex-felons are required to wait five or
number of signatures required for an initiative is equal to seven years (depending on the seriousness of the
8 percent of the votes cast in the preceding presidential offense) after sentence completion, including probation or
election. Florida also has a signature distribution parole, to apply to the state Clemency Board. The
requirement, which requires that signatures equal to 8 Clemency Board, comprising Gov. Rick Scott and three
percent of the district-wide vote in at least half (14) of the cabinet members, schedules only 300 cases for hearing
state's 27 congressional districts must be collected. each year, out of 6,000 applications. About 10,000
applications remain perpetually backlogged.
The measure would consider card games, casino games,
and slot machines to be casino gambling. The measure
would not consider pari-mutuel wagering on horse racing,
dog racing, or jai alai exhibitions to be casino gambling.
The measure would not impact casino gambling on
Native American tribal lands established through state-
tribe compacts.
Amendment 5 Amendment 6
Supermajority Vote Required to Impose, Rights of Crime Victims; Judges
Authorize, or Raise State Taxes or Fees

Reference: Article I, Section 16; Article V, Sections 8 and 21; Article XII, New

Section

Reference: Article VII, Section 19

Sponsor: Constitution Revision Commission


Sponsor: The Florida Legislature

Ballot Summary Ballot Summary

Prohibits the legislature from imposing, authorizing, or Creates constitutional rights for victims of crime; requires
raising a state tax or fee except through legislation courts to facilitate victims’ rights; authorizes victims to
approved by a two-thirds vote of each house of the enforce their rights throughout criminal and juvenile
legislature in a bill containing no other subject. This justice processes. Requires judges and hearing officers
proposal does not authorize a state tax or fee otherwise to independently interpret statutes and rules rather than
prohibited by the Constitution and does not apply to fees deferring to government agency’s interpretation. Raises
or taxes imposed or authorized to be imposed by a mandatory retirement age of state judges from seventy to
county, municipality, school board, or special district. seventy-five years; deletes authorization for judges to
complete term if one-half of term has been served by
retirement age.

Explanation Explanation

Amendment 5 would require a two-thirds vote of each Amendment 6 would establish a series of rights for crime victims,
chamber of the Florida State Legislature to enact new known as Marsy's Law. In the United States, the U.S. Constitution
and every state constitution has enumerated rights for individuals
taxes or fees or increase existing ones. Currently, the
accused of a crime and those convicted of a crime, ensuring
state legislature has broad power to enact and modify the individuals accused of a crime have the right to due process. The
state’s tax policy through legislation, subject to state and U.S. Constitution and 15 state constitutions do not extend
federal constitutional constraints through a simple enumerated rights to victims of crime. Amendment 6 would
majority vote in each chamber. The passage of provide crime victims, their families, and their lawful
Amendment 5 would mean that tax or fee could not be representatives with specific rights, including a right to due
process and to be treated with fairness and respect; a right to be
increased without two-thirds approval of each chamber, free from intimidation, harassment, and abuse; a right to have the
meaning it would take 80 of 120 House members and 27 victim's welfare considered when setting bail; a right to
of 40 Senators voting in support of the tax or fee proceedings free from unreasonable delay, rights of victims to
increase. Also, as a side note, currently any constitutional receive information and provide input during criminal cases and
amendment placed on the ballot imposing a new state would ensure victims have the right to talk with prosecutors about
issues such as plea agreements, restitution and sentencing.
tax or fee must be approved by 2/3 of those the voters in
the state voting in the election in which such an Amendment 6 would prohibit state courts from deferring to an
amendment is considered. administrative agency’s interpretation of a state statute or rule in
lawsuits. Currently, when someone is involved in litigation with a
state agency, the courts defer to administrative agencies’
interpretations of ambiguous statutes over which an agency is
delegated rulemaking authority. This means judges announces
ahead of time a rule under which judges defer to the interpretation
of one of the parties in their cases, let alone the most powerful of
parties, the government. Amendment 6 would prohibit judges from
deferring to an agency’s interpretation of a state statute or rule in
lawsuits and require courts to conduct “de novo” review of “all
relevant questions of law, including the interpretation of
constitutional and statutory provisions and rules. Under the “de
novo” standard, the court reviews the evidence as though
considering the matter for the first time.

Amendment 6 would increase the age at which judges are


required to retire from 70 to 75. As of 2018, Florida is one of 18
states with a required retirement age of 70. Seven states have a
judicial retirement age of 75. The highest retirement age in the
U.S. was 90 in Vermont. However, 19 states do not have a
required retirement age for judges.
Amendment 7 Amendment 8
First Responder and Military Member Survivor School Board Term Limits and Duties; Public
Benefits; Public Colleges and Universities Schools

Reference: Article IX, Sections 7 and 8; Article X, New Section


Reference: Article IX, Section 4, New Section; Article XII, New Section

Sponsor: Constitution Revision Commission Sponsor: Constitution Revision Commission

Ballot Summary Ballot Summary

Creates mandatory payment of education and Creates a term limit of eight consecutive years for school
compensation benefits to qualifying survivors of certain board members and requires the legislature to provide
first responders and military members who die for the promotion of civic literacy in public schools.
performing official duties. Requires supermajority votes Currently, district school boards have a constitutional
by university trustees and state university system board duty to operate, control, and supervise all public schools.
of governors to raise or impose all legislatively authorized The amendment maintains a school board’s duties to
fees if law requires approval by those bodies. Establishes public schools it establishes, but permits the state to
existing state college system as constitutional entity; operate, control, and supervise public schools not
provides governance structure. established by the school board.

Explanation Explanation

Amendment 7 would require employers to provide death benefits, as Amendment 8 would establish term limits of two
the state legislature defines, to the surviving spouses of first consecutive four-year terms for school board members.
responders while engaged in official duties. The measure would
The measure would prohibit an individual's name from
require the state to provide death benefits, as the state legislature
defines, to the surviving spouses of active-duty U.S. Armed Forces appearing on the ballot if the person had already served
members who are accidentally killed or unlawfully and intentionally on the school board for eight years. Currently, there is no
killed. The measure would also require the state to waive certain state law limiting how long a person could serve on a
educational expenses, as defined in statute, for the surviving children school board.
or spouse of the deceased first responder or military member in order
to obtain a career certificate, an undergraduate education, or a
postgraduate education.
Amendment 8 would add language to the Florida
Constitution stating that "education is essential to the
Currently there is no provision within the Florida Constitution that preservation of the rights and liberties of the people." The
guarantees death benefits to first responders. There are existing laws measure would require the Florida State Legislature to
that guarantee a death benefit for law enforcement, correctional, and pass laws to, according to the text, "ensure that students
correctional probation officers as well as Firefighters. Amendment 7
enrolled in public education understand and are prepared
would define first responders to include (a) firefighters; (b)
paramedics; (c) emergency medical technicians (EMTs); (d) law to exercise their rights and responsibilities as citizens of
enforcement officers; (e) correctional officers; (f) correctional a constitutional republic." Currently, there is no provision
probation officers; and (g) members of the Florida National Guard. within the Florida Constitution that addresses civic
literacy or civic education and the subject of civic literacy
Amendment 7 would require a nine-member vote of a university's 13- would be the only K-12 education subject specified in the
member board of trustees (69.23 percent) and 12-member vote of the
17-member state board of governors (70.59 percent) to increase a
state constitution.
college fee. Currently, a simple majority vote of a university's board of
trustees and the state board of governors is needed to increase a Amendment 8 would change the way the state governs
college fee. charter schools. Under current law, school boards
approve and monitor all public schools within their
Amendment 7 would place the current structure of the state's system
counties, including privately-run charter schools that
of higher education in the Florida Constitution. The system that would
be added to the state constitution requires that: operate as public schools. Under Amendment 8, the
· There be a single state college system comprised of all public legislature could create a state-created entity to also
community and state colleges: control and approve charter schools, allowing charter
· A local board of trustees shall govern each institution; schools to bypass potential local opposition. Currently,
· Members of a board of trustees must be a resident of the college's the state constitution authorizes school boards to
service delivery area;
· Members of a board of trustees are appointed by the governor,
approve, operate, control, and supervise all free public
subject to confirmation by the state Senate, to four-year terms; and schools within their jurisdictions.
· The state board of education shall supervise the state college
system;
Amendment 9 Amendment 10
Prohibits Offshore Oil and Gas Drilling; Prohibits State and Local Government Structure and
Vaping in Enclosed Indoor Workplaces Operation

Reference: Article III, Section 3; Article IV, Sections 4 and 11; Article VIII,
Sections 1 and 6

Reference: Article II, Section 7; Article X, Section 20

Sponsor: Constitution Revision Commission


Sponsor: Constitution Revision Commission

Ballot Summary Ballot Summary

Prohibits drilling for the exploration or extraction of oil Requires legislature to retain department of veterans’
and natural gas beneath all state-owned waters between affairs. Ensures election of sheriffs, property appraisers,
the mean high water line and the state’s outermost supervisors of elections, tax collectors, and clerks of court in
territorial boundaries. Adds use of vapor-generating all counties; removes county charters’ ability to abolish,
electronic devices to current prohibition of tobacco change term, transfer duties, or eliminate election of these
smoking in enclosed indoor workplaces with exceptions; offices. Changes annual legislative session commencement
date in even-numbered years from March to January;
permits more restrictive local ordinances.
removes legislature’s authorization to fix another date.
Creates office of domestic security and counterterrorism
within department of law enforcement.

Explanation Explanation
Amendment 10 requires, rather than authorize, the legislature to
Amendment 9 would prohibit drilling, either for provide for a state Department of Veterans Affairs. In 1988, the voters
approved a constitutional amendment creating the Department of
exploration or extraction, of oil or natural gas in state
Veteran Affairs. Following the approval of the constitutional
waters. This prohibition would include the ocean from the amendment by voters, the state legislature established a state
Florida shoreline to the outermost boundaries of the Department of Veterans Affairs. The amendment, however, did not
state’s territorial seas. require the legislature to establish the department. It only authorized
the legislature to establish the department. Amendment 10 would
Amendment 9 would prohibit the use of vapor-generating require the legislature to establish the department.
electronic devices in enclosed indoor workplaces. The Amendment 10 would prohibit counties from abolishing state
measure would make exceptions for the use of vapor- constitutional local offices—sheriff, tax collector, property appraiser,
generating electronic devices in (1) private residences supervisor of elections, and clerk of the circuit court—and requiring
that are not being used for commercial childcare, adult elections for these offices. In Florida, counties with charter counties
care, or healthcare; (2) in retail tobacco and vapor- are allowed to alter the duties of constitutional local offices or abolish
the offices. The Florida Constitution contains five specific county
generating electronic device shops; (3) designed
constitutional officers: Sheriff, Tax Collector, Property Appraiser,
smoking guest rooms in hotels; and (4) stand-alone bars. Supervisor of Elections, and Clerk of the Circuit Court.
The measure would define vapor-generating electronic
devices as “any product that employs an electronic, a Amendment 10 would require the Florida Legislature to convene the
chemical, or a mechanical means capable of producing 60 day regular session on the second Tuesday after the first Monday
vapor or aerosol from a nicotine product or any other in January of each even-numbered year. The time to convene the 60-
day Regular Session of the Legislature is prescribed in subsection (b)
substance. of Section 3 of Article III of the State Constitution. “A regular session
of the legislature shall convene on the first Tuesday after the first
Monday in March of each odd-numbered year, and on the first
Tuesday after the first Monday in March, or such other date as may be
fixed by law, of each even-numbered year.”
Currently, there is no law fixing the date for the Regular Session to
convene in even numbered years. Chapter 2016-218, Laws of Florida,
set January 9, 2018, as the date to convene the 2018 Regular
Session. That law applies only to the 2018 Regular Session.

Amendment 10 would create the Office of Domestic Security and


Counter-Terrorism (Office) within the Department of Law Enforcement.
The Office is required to provide support for prosecutors and federal,
state, and local law enforcement agencies that investigate or analyze
information relating to attempted acts of terrorism or terrorism, or
agencies that prosecute terrorism. The Office must perform other
duties as provided by general law.
Amendment 11 Amendment 12
Property Rights; Removal of Obsolete Provision;
Criminal Statutes Lobbying and Abuse of Office by Public Officers

Reference: Article I, Section 2; Article X, Sections 9 and 19


Reference: Article II, Section 8; Article V, Section 13; Article XII, New Section

Sponsor: Constitution Revision Commission Sponsor: Constitution Revision Commission

Ballot Summary Ballot Summary

Removes discriminatory language related to real property Expands current restrictions on lobbying for
rights. Removes obsolete language repealed by voters. compensation by former public officers; creates
Deletes provision that amendment of a criminal statute restrictions on lobbying for compensation by currently
will not affect prosecution or penalties for a crime serving public officers; provides exceptions; prohibits
committed before the amendment; retains current certain abuses of public office for personal benefit.
provision allowing prosecution of a crime committed
before the repeal of a criminal statute.

Explanation Explanation
Amendment 11 would remove language that prohibits “aliens ineligible Amendment 12 would impose a six-year lobbying ban on
for citizenship” from owning property. Section 2 of Article I of the
former state elected officials, state agencies heads and
Florida Constitution provides that "all natural persons, female and
male alike, are equal before the law and have inalienable rights, local elected officials. Currently, there is a 2-year
among which are the right ... to acquire, possess and protect lobbying ban
property."
Amendment 12 would also create a new ethics standard
Currently, Section 2 makes an exception for aliens ineligible for that prohibits public officers and public employees from
citizenship. The exception was designed to allow the Florida State
Legislature to determine whether persons ineligible for citizenship
abusing their public position to obtain a disproportionate
could acquire and possess property. The exception is known as the benefit for themselves, specified family members, an
Alien Land Law was considered and attempt to prohibit illegal employer, or business entities associated with the public
immigrants from owning land. As of 2018, the state legislature has not officer or public employee.
adopted a statute to prevent persons ineligible for citizenship from
possessing property in Florida. Although the courts have not ruled on
the Florida Alien Land Law as of 2018, courts had struck down similar
provisions in other states. In 2008, the state legislature referred a
ballot measure to repeal the Florida Alien Land Law. On the ballot as
Amendment 1, voters rejected the change in a vote of 52 percent to
48 percent.

Amendment 11 would remove obsolete language in the state


constitution that authorizes a high-speed rail system. In 2000, 53
percent of Florida voters approved a ballot initiative, titled Amendment
1, to provide for development of a high- speed monorail in the state
between major urban areas. In 2004, a different ballot initiative was
certified for the ballot to repeal Amendment. Voters approved the
initiative to repeal Amendment 1 in a vote of 64 percent to 36 percent.
Although Amendment 1 had been repealed in 2004, the inoperative
language remained in the state constitution.

Amendment 11 would revise language to make clear that the repeal of


a criminal statute does not affect the prosecution of any crime
committed before the repeal. Section 9 of Article X of the Florida
Constitution provides that the repeal or amendment of a criminal
statute would not be retroactive and does not affect prosecution or
punishment for a crime previously committed.
Amendment 13

Ends Dog Racing


Reference: Article X, New Section; Article XII, New Section

Sponsor: Constitution Revision Commission

Ballot Summary Explanation

Beginning on January 1, 2021, Amendment 13 would


Phases out commercial dog racing in connection with prohibit pari-mutuel (a type of betting pool) operations
wagering by 2020. Other gaming activities are not from racing greyhounds or any other dogs for wagering.
affected. The measure would also prohibit persons in the state
from wagering on the outcome of live dog races
occurring in the state. The measure would authorize the
Florida State Legislature to specify civil or criminal
penalties for violating the constitutional amendment.

Você também pode gostar