From offshore drilling to casino gambling, Florida voters
have the option to vote on 12 amendments to the Constitution of the State of
Florida on Nov. 6, 2018. That’s a lot of amendments, and the language can get
confusing and misleading, so here’s my attempt to provide some clarity. Please
note, I’m an Independent with Libertarian leanings. Intrinsically, I resist
changing the Constitution, so getting me to vote “yes” means the amendment has
to clear a rather high threshold. You certainly don’t have to agree with my
analysis, but I hope at the very least it encourages you to do your own
research before you enter the voting booth.
Increase the homestead exemption on homes valued at greater than
$100,000 without impacting school district levies.
Vote: NO
Increase a tax exemption? I like the idea and no, I’m not
going down the “taxation is theft” rabbit hole. My issue is that the amendment
only benefits some Florida homeowners, far from a majority. I’d be one of those
homeowners, but something tells me my “savings” would somehow disappear with a
subsequent increase in my property taxes. I’ll pass.
Amendment 2
Limit property tax assessment increases to 10 percent each
year (except school district taxes), making a temporary cap permanent.
Vote: YES
I’m not a fan of property tax in the first place, so an
amendment that caps increases is fine by me, though I’d prefer an even more
aggressive (read: lower) cap. Florida Tax Watch likes this one.
Amendment 3
Give Florida voters the right to decide whether to authorize
casino gambling.
Vote: NO
Do you really want to rely on voters in Brandon to authorize
the opening of a casino four hours away in Pembroke Pines? Thanks, but I’d
rather make the legislators do their jobs.
Amendment 4
Restore voting rights to former felons, except those
convicted of murder and sexual offenses.
Vote: NO
FloridaVotingRights.org presents the argument better than I
can in a sentence or two. Look, you can argue the current clemency process is
clunky (it is) and in need of reform, but this is bad policy. It excludes some
violent felonies but not all violent felonies. That’s inconsistent, and I’d like
to avoid inconsistency in the Constitution when possible.
Amendment 5
Requires a supermajority (2/3 in the Florida House and
Senate) instead of a simple majority to raise taxes.
Vote: YES
Make it harder for our state government to raise taxes? You
betcha. Also, the amendment requires the tax or fee to be “in a separate bill
that contains no other subject,” so legislators can’t slip increases into other
bills. Florida Tax Watch likes this one, too.
Amendment 6
Creates constitutional rights for crime victims (Marsy’s
Law), requires judges to independently interpret statutes and rules, rather than
deferring to interpretations by government agencies, and raises the mandatory
retirement age for judges and state justices to 75 years (currently 70).
Vote: NO
There’s a lot packed into this one. Let’s start with the big
one. To me, Amendment 6 seems like a good idea that’s poorly conceived. Victims
already have rights in the Florida Constitution, including the “right to be
informed, to be present, and to be heard when relevant, at all crucial stages
of criminal proceedings, to the extent that these rights do not interfere with
the constitutional rights of the accused.” Marsy’s Law would eliminate this
sentence, seemingly giving preferential treatment to the victim and putting due
process in serious jeopardy. If you don’t mind, I’d like to preserve my
constitutional rights and that whole innocent until proven guilty concept. As
far as judicial interpretation of statues and rules, I’m not sure I like the
idea of ignoring precedent, even if it is an interpretation from an administrative
agency. Finally, with regard to judges, full retirement age to receive Social Security
is 67 for folks born after 1960, and you can delay retirement until age 70 and
get extra benefits. I don’t see why judges need to work past 70 if the federal
government has established 70 as retirement age.
Amendment 7
Establish mandatory payment of death benefits and waive
specific educational expenses to qualifying survivors of military members and
first responders who die in the line of duty. Also requires a supermajority of
votes by university trustees and state university system board of governors to
raise fees or impose legislatively authorized fees if the law requires those
fees to be approved by those bodies. And it establishes the Florida College
System (what we used to call community colleges) as a constitutional entity and
provides governance structure.
Vote: NO
This amendment is a mess, grouping three unrelated issues
into an all-or-nothing proposal. All of these items can be addressed by state
laws. Do we really need to address university fee requirements in a
constitutional amendment? Many groups of first responders are already provided
death benefits by law, so paramedics and emergency medical technicians can be
added to the list. Fine, the Florida College System should be added to the
Florida Constitution at some point, but it should be addressed separately.
Amendment 9
Prohibits offshore drilling for oil and natural gas between
the mean high water line and Florida’s outermost territorial boundaries, and
prohibits the use of e-cigarettes and vaping devices (matching the restrictions
of tobacco smoking established in a 2002 constitutional amendment) in enclosed
indoor workspaces.
Vote: YES
Another stupid bundling. Seriously, stick to one issue,
people! That said, it’s important to protect our state’s environment by
limiting drilling and protect our health by eliminating secondhand inhalation.
Amendment 10
Requires the Legislature to start its annual session in
January instead of March during election (even) years. Requires all Florida counties to elect
sheriff, tax collector, elections supervisor, and clerk of courts. Also requires
the state to have a department of veterans’ affairs (which already exists), and
create an office of domestic security and counterterrorism within the Florida
Department of Law Enforcement.
Vote: YES
It’s a bundle of housekeeping issues! That said, it’s a good
bundle. Currently, the Florida Constitution says the legislature “may”
establish a department of veterans’ affairs – this makes it a requirement.
Establishing an office within the Florida Department of Law Enforcement specifically
tasked with counterterrorism seems like a smart move to me. And as someone who
likes consistency, I like the idea that every county in the state has to elect
(rather than appoint) its top officers.
Amendment 11
Deletes language so the Legislature cannot prevent
non-citizens from buying, selling, owning or inheriting property, deletes the “Savings
Clause” from 1885 that forbids reducing a criminal sentence if subsequent sentencing
laws reduce or eliminate the crime, and deletes “obsolete language” regarding
the high-speed rail project that Floridians rejected in 2004.
Vote: YES
This is a bundle of garbage – obsolete garbage that needs to
be removed from our Constitution.
Amendment 12
Expands restrictions on lobbying by former public officers
and creates lobbying restrictions for current public officers, and prohibits
public officers and employees from using their position for personal gain.
Vote: YES
I’m all for ethics, and I like the idea that state
officials, judges, and local officials can’t be paid lobbyists while employed. Currently,
state legislators and statewide elected officers must wait two years before becoming
paid lobbyists; this amendment would extend that waiting period to six years
and expand the list of “public officers” to include judges and other officials
at the state, county, and local level. Basically, this amendment is meant to
dissuade folks from using public service as a springboard to a lobbying career.
It’s a controversial amendment, and I’ll grant you six years is a bit steep, but
I like the idea of people running for public office because they want to be in
the business of public service.
Amendment 13
Bans dog racing in connection with wagering by 2020.
Vote: NO
Even if you love dogs as much as I do, this does not belong
in the Florida Constitution. Dog racing is already a dying industry, with less
than a dozen tracks in the state and significant declines in attendance and
wagering. Amendment or no, its days are numbered. Plus, this amendment does not
prevent wagering on out-of-state races, so it doesn’t actually ban dog racing. More important than all this, though, is the
actual wording of the amendment. It contains a troublesome phrase that is not
on the ballot: “The humane treatment of animals is a fundamental value of the
people of the State of Florida.” What is humane treatment? Is it inhumane to
train working dogs like police dogs or seeing-eye dogs? Is it inhumane to fish,
keep animals in a zoo, or even have a pet in your home? Are you sure? Leon
County Circuit Judge Karen Gievers, who blocked the amendment in August (it was
put back on the ballot by the Florida Supreme Court in September), felt the amendment
was misleading and “outright trickeration.” I’m inclined to agree.
No comments:
Post a Comment