Naples Florida Weekly
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UNDERSTANDING YOUR VOTE

With early voting starting next week and Election Day Nov. 6, we explain the 12 constitutional amendments on the ballot for the midterm election

 

 

WITH THE ELECTIONS COMING UP Nov. 6, Florida voters have 12 constitutional amendments to consider — the most on the ballot in 20 years — that could enshrine in the state constitution everything from how much tax homeowners pay to where you are allowed to vape.

Once an amendment is ratified, which requires 60 percent of the vote, it’s hard to remove (that takes another amendment), and this year there is much at stake: how we are taxed, who controls casino gambling, the future (or not) of offshore oil and gas drilling, of greyhound dog racing, the right of felons to vote, and more.

Instead of walking into the ballot box cold, check out Florida Weekly’s quick guide to the amendments. Inside you’ll find the official title and ballot summary for all amendments 1 – 13 (No. 8 was removed by the Florida Supreme Court).

Along with the official summary you’ll see some analysis and a declaration either for, against, or a neutral stance by two nonpartisan nonprofits: The Florida League of Women Voters, a group that grew out of women’s suffrage, and the business-minded Florida Chamber of Commerce. In addition, Reason Foundation helped provide some analysis of the financial impact of certain amendments.

 

 

Notably, the chamber often takes a “neutral” stance on amendments, such as those regarding social issues, because one of its core values is that rules should be changed through the Legislature instead of at the ballot box whenever possible.

“We have a long-standing position of opposing constitutional amendments that can instead be resolved through the legislative process,” said the chamber’s vice president of public affairs, Edie Ousley. “Since 1970, Florida’s Constitution has been amended more than 120 times — far more times than the U.S. Constitution.”

For example, the chamber takes a neutral position on Amendment 4, which would restore felons’ right to vote — excluding murderers and sex offenders — after they’ve served their time. The League of Women Voters of Florida, on the other hand, was one of the key groups that fought to put 4 on the ballot as a citizens’ initiative.

 

 

“We believe in equity and an even playing field,” said league president Patricia Brigham. “… We advocate for policies we reach consensus on and certainly we have strong principles about equality. The league came out of the women’s right to vote.”

How an amendment gets on the ballot

There are three sources responsible for putting amendments on the ballot, as the James Madison Institute describes it.

One is through the Legislature, with a 60 percent vote of the Florida House and Senate. The Legislature put 1, 2 and 5 on the ballot this year.

A second is a citizen initiative, which requires 766,200 signatures from at least 14 of the state’s 27 congressional districts (or 8 percent of the votes cast in the last presidential election). This is the case with amendments 3 and 4.

The third is through the Constitution Commission Revision, which is the reason why there are so many amendments this year. It is responsible for 6 – 13.

Approved by voters in 1968, the CRC convenes only once every 20 years to examine the state’s constitution and propose changes. The 37-member group is picked by the governor and heads of the state House, Senate and judicial branches, and includes the attorney general.

Unlike the two other sources of amendments, the CRC is allowed to bundle completely different issues into one amendment in a somewhat controversial practice known as “logrolling.” Hence, you have, for example, Amendment 9, which includes the issue of offshore oil and gas drilling along with vaping in indoor workspaces.

“You’re forcing a vote from the voter who will have to decide which of those issues he or she agrees with or doesn’t, so they may have to pick and choose and make a choice that’s not 100 percent in line with what they would like,” Ms. Brigham said. “That’s not the way a democracy should work.”

The first CRC convened in 1978. Miami attorney Ellen Freidin sat on the second one in 1998.

“The first two were relatively nonpolitical and really run with the intent to really make things better in Florida,” said Ms. Freidin, who identifies as a Democrat. “Because as you know when a constitution is drafted, it’s drafted at one point in time and as history progresses, as time progresses, the needs of the state and the citizens for constitutional protections change. So, the idea behind the CRC is that it should be an examination the entire constitution in order to determine if something has changed that would require amending (it).

“Unfortunately, in the 2018 CRC, Gov. Rick Scott, and the speaker of the House at the time, Richard Corcoran, saw the CRC as an opportunity to push through their own personal political agendas.”

Ms. Freidin points to the CRC’s now defunct Amendment 8, which was removed by the Florida Supreme Court because of how it bundled popular ideas such as term limits with what she described as a “total boondoggle for charter school profiteers.”

She also is opposed to the Florida Legislature’s Amendment 5, which would require a two-thirds or “supermajority” vote in both houses of the Legislature to raise taxes.

“And a two-thirds majority is virtually impossible to get, it would never happen,” she argues. “Which means tax breaks that exist for the wealthy would never be taken away.”

The chamber supports 5, along with 2 (Limitations on Property Tax Assessments) and 3 (Voter Control of Gambling in Florida).

“Each of these amendments, if passed, work in the best interests of Florida’s job creators and businesses,” Ms. Ousley wrote in an email. “They position Florida as the best place to live, work, learn and grow.” ¦

Collier voters will face a vote regarding a one percent sales surtax in the upcoming general election. The 1-cent sales surtax would begin Jan. 1, 2019, and automatically end Dec. 31, 2025.

What restrictions are there on a one-cent sales surtax?

The tax applies to the first $5,000 of the sales amount of items of tangible personal property. This excludes groceries and medicine. Tangible personal property is personal property that you can see, weigh, measure, or touch or is in any manner perceptible to the senses, including power or energy.

The $5,000 limit does not apply to the following:

Sales of admissions

Sales and uses of services (janitorial services and security officers)

Sales of service warranties

Charges for prepaid calling arrangements

Leases, rentals and licenses to use real property or transient accommodations

Leases or rentals of parking or storage space for motor vehicles in parking lots or garages

Docking or storage space in boat docks and marinas

Tie-down or storage space for aircraft.

How will the money raised from the proposed sales tax be used?

$420 million would go to Collier County to fund 18 projects

$191 million allotted to transportation projects, including improvements to sidewalks, bridges and roadways

$139 million for facilities and other capital projects

$90 million for “community priorities,” including a career and technical center, mental health and addiction treatment facility and a workforce housing land trust fund

The cities of Naples, Marco Island and Everglades city would split the remaining $70 million over seven years to use for city projects

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