Ponte Vedra residents were given a crash course in Florida’s constitutional amendment process last Monday, Sept. 10 at a meeting of the Ponte Vedra Beaches Coalition. With a presentation outlining this year’s proposed amendments and their various “Pathways to the Ballot,” Flagler College Director of Foundation and Government Relations Beth Sweeny was on hand to walk voters through the potential ramifications of each one.
Noting that there are a total of 12 constitutional amendments to consider at the ballot box on Nov. 6, Sweeny encouraged attendees to be prepared, warning, “It’s going to be a long ballot this year.”
One of the more controversial amendments on the ballot this year is Amendment 6, which, if passed, would establish additional constitutional rights — known collectively as Marsy’s Law — for the victims of crime, as well as increase the retirement age for judges to 75 and require them to independently interpret statutes, rather than deferring to administrative agencies. Placed on the ballot by the Florida Constitution Revision Commission, the amendment faced two legal challenges (eventually combined into one) over concerns regarding both the ballot summary’s language and subject matter.
“There are those who believe that the amendment places too much emphasis on the rights of the victim, as opposed to the rights of the (accused) — that it swings too far towards the rights of the victim,” Sweeny explained.
Although the amendment was previously ordered removed from the ballot by Leon County Circuit Judge Karen Gievers, however, that decision was later reversed by the Florida Supreme Court.
Also on this year’s ballot are two items that were placed there via citizen initiative — a method that, according to Sweeny, has a high rate of success.
“From its inception in 1976, there have been 34 amendments on the ballot initiated by citizens and only seven of them were rejected by voters,” she said. “Usually something that’s placed on the ballot by citizens … usually these have a higher percentage passing rate than other amendments.”
The first of those two items, Amendment 3, would give Floridians the exclusive right to authorize casino gambling within the state — a power that currently rests with the legislature. The second item, Amendment 4, would restore the voting rights of convicted felons following the completion of all terms of their sentence, with the exclusion of those convicted of murder or sexual offenses (unless expressly approved by a vote of the governor and cabinet).
Other proposed constitutional changes include: increasing the maximum homestead property tax exemption to $75,000 for homes valued between $100,000 and $125,000; the requirement of a supermajority vote of each house of the legislature in order to impose, authorize or raise state taxes or fees; granting death benefits to qualifying survivors of certain first responders and military members who die in the course of duty; the prohibition of offshore oil and gas drilling, as well as vaping in enclosed indoor workplaces; and more.
While 12 amendments have been approved for the 2018 general election ballot, an additional amendment was originally slated to appear there as well: Amendment 8. The amendment, which proposed the imposition of an eight-year term limit for school board members and the requirement of the legislature to provide for the promotion of civic literacy in public schools, also would have authorized state control over the creation of charter schools, rather than school boards. Following a legal challenge from the League of Women Voters of Florida, however, Amendment 8 was ordered stricken from the ballot by Leon County Circuit Judge John Cooper in August, and after being appealed by the state, that decision was eventually upheld by the Florida Supreme Court on Sept. 7.
To view the full list of this year’s proposed constitutional amendments, visit the Florida Department of State website at https://dos.myflorida.com/elections/laws-rules/constitutional-amendments/.
