2018 September

BRYCE ON POLITICS

– Do we really need all of this?

As part of the 2018 midterm elections, Floridians will be asked to vote on thirteen amendments to the state’s constitution. Thirteen seems a lot, but it is understandable as many of them are proposed by the Constitution Revision Commission, a state commission that meets every 20 years to recommend changes, and, Yes, this is the year when they met, hence the substantial number of changes.

A copy of the amendments can be obtained from the state (click HERE), and I encourage voters to become familiar with them prior to November 6th.

The purpose of a constitution is to define the basic mechanisms of the government. For example, the U.S. Constitution defines the duties and responsibilities of the three branches of government, including voting and how to enact changes. The Bill of Rights is a separate document related to the Constitution detailing our rights. In Florida though, the state constitution is a bloated document where everything is thrown into, thereby requiring it to be updated frequently. Many of the Amendments here should be placed in a separate document or simply handled by the state assembly.

I endeavored to find out how the Democrats and Republicans feel about each issue. This was difficult as I could find no party specific recommendations. Along the way though, I discovered how many of the party officials felt and deduced their answer. Naturally, the two parties were black and white on every issue (no surprise there). The one group who was unafraid to state their position was the Florida Chamber of Commerce. Consequently, I have included their response herein.

With this said, here are the thirteen amendments, along with their sponsors and pertinent comments:

NO. 1 – BALLOT TITLE: Increased Homestead Property Tax Exemption CONSTITUTIONAL AMENDMENT, ARTICLE VII, SECTION 6, ARTICLE XII, SECTION 37

Sponsor: The Florida Legislature/House (HJR7105)

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 all levies other than school district levies. The amendment shall take effect January 1, 2019.

COMMENT:
Democrats will likely vote NO, Republicans YES, and the Florida Chamber of Commerce is Neutral. Conceptually, the legislation gives homeowners a tax reduction, and by doing so will result in less money for municipalities, counties and special districts.

NO. 2 – BALLOT TITLE: Limitations on Property Tax Assessments CONSTITUTIONAL AMENDMENT, ARTICLE XII, SECTION 27

Sponsor: The Florida Legislature/House (CS/HJR 21)

BALLOT SUMMARY:
Proposing an amendment to the State Constitution to permanently retain provisions currently in effect, which limit property tax assessment increases on specified nonhomestead real property, 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.

COMMENT:
Democrats will likely vote NO, Republicans YES, and the Florida Chamber of Commerce is a YES.

NO. 3 – BALLOT TITLE: Voter Control of Gambling in Florida CONSTITUTIONAL AMENDMENT, ARTICLE X, SECTION 29

Sponsor: Voters In Charge

BALLOT SUMMARY:
This amendment ensures that Florida voters shall have the exclusive right to decide whether to authorize casino gambling by requiring 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.

COMMENT:
Democrats will likely vote YES, Republicans NO, and the Florida Chamber of Commerce is a YES. If passed, 60% of Florida voters will be needed to regulate it in the future. Is this something that really belongs in our constitution?

NO. 4 – BALLOT TITLE: Voting Restoration Amendment CONSTITUTIONAL AMENDMENT, ARTICLE VI, SECTION 4

Sponsor: Floridians for a Fair Democracy, Inc.

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 be permanently barred from voting unless the Governor and Cabinet vote to restore their voting rights on a case by case basis.

COMMENT:
Democrats will likely vote YES, Republicans NO, and the Florida Chamber of Commerce is Neutral.

NO. 5 – BALLOT TITLE: Supermajority Vote Required to Impose, Authorize, or Raise State Taxes or Fees CONSTITUTIONAL AMENDMENT, ARTICLE VII, SECTION 19

Sponsor: The Florida Legislature/House (HJR7001)

BALLOT SUMMARY:
Prohibits the legislature from imposing, authorizing, or raising a state tax or fee except through legislation approved by a twothirds 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.

COMMENT:
Democrats will likely vote NO, Republicans YES, and the Florida Chamber of Commerce is a YES. A YES vote means tax increases require a 2/3 approval in both the state senate and house; a NO vote means a simple majority is needed for passage.

NO. 6 – BALLOT TITLE: Rights of Crime Victims; Judges CONSTITUTIONAL REVISION, ARTICLE I, SECTION 16, ARTICLE V, SECTIONS 8 AND 21, ARTICLE XII, NEW SECTION