Changing the Constitution: Aiming at 2010

Ballot lineup so far
These proposals have made the cut

Amendment 1: Repeal of public financing requirement

Amendment 2: Tax break for deployed military personnel

Amendment 3: Property tax limit for non-homestead property; added exemption for new homestead owners

Amendment 4: Florida Hometown Democracy



The latest news

June 22, 2009
Hometown Democracy wins a place on the ballot
The Hometown Democracy amendment will go before the voters on Nov.  November 2010. Secretary of State Kurt Browning's office certified the constitutional amendment Monday. Its backers have gathered more than the required number of signed petitions, and the state Supreme Court has thrown out a law that would have allowed revocation of some of its signatures,. The high court approved the amendment itself  in 2006, ruling that it deals with a single subject and its ballot language is accurate. The amendment would require a referendum to change a local comprehensive land-use plan.

June 21, 2009
Drilling: hell no, or hell yes
For years Florida has stood firm in its opposition to oil drilling off its beautiful beaches. That may be changing. As oil prices increase and the state's financial situation deteriorates, a move is afoot to allow drilling closer to shore. Some advocates are receptive to drilling platforms within site of the shore. One lawmaker, Sen. Mike Bennett, R-Bradenton, says the Legislature may place the matter on the 2019 ballot as a proposed constitutional amendment. It would be controversial. Half the public "says 'not only no, but hell no' and the other half is saying 'not only yes, but hell yes," he said. More in the Sarasota Herald-Tribune.
June 17, 2009
Hometown Democracy wins big at high court
The Florida Supreme Court has struck down a law that would have placed a heavy burden on backers of the Hometown Democracy constitutional amendment. The court, which ruled on a 7-2 vote, did not explain its reasoning. The justices said they would issue a full opinion later, explaining their ruling. The decision is important to Hometown Democracy because business and development interests had collected 13,000 names of people who said they wanted to revoke their signatures. The rest of the story is on the Miami Herald Web site.

June 11, 2009
Hometown Democracy may have the signatures it needs
It's not yet time for a celebration, but the state Elections Division has verified more than enough signatures to meet a requirement to get the Hometown Democracy amendment proposal on the 2010 ballot. The Division verified 691,896  signatures. Only 676,811 are required, but the Legislature passed a law last year allowing signers to take it all back. If the courts don't strike it down, some of the signatures may disappear. See the St. Petersburg Times for more.

June 8, 2009
Law threatens Hometown Democracy
Backers of the proposed Hometown Democracy amendment to the Florida Constitution have asked the state Supreme Court to expedite its ruling on a law that could wreak havoc on their cause. The law, passed in 2007, allows signers of petitions to take back their signatures. That, along with a Constitutional mandate that such signatures are good for only four years, adds up to a case of subtraction for Hometown Democracy. Its oldest signatures will begin to expire on June 22, and the 2007 law would allow the removal of thousands more. The Miami Herald has more.

June 4, 2009
Group seeks vote on oil drilling
Floridaoil.org hasn't collected enough cash for a long weekend in Tallahassee, but the tiny pro-drilling group has taken the first step toward a constitutional amendment to put oil rigs in Florida waters.  "Whatever it takes to start drilling and pumping," said founder Don Baldauf of Bradenton. Read more in the
Tampa Tribune.

 May 5, 2009
Measure refuels tax debate
A proposed amendment to the Florida Constitution would give tax breaks to first-time homeowners and non-homestead property owners. It would also cut tax collections for the state's strapped local governments. A debate is raging. The St. Petersburg Times explains.

May 2, 2009
Lawmakers OK 3 amendments
Finishing up its 2009 session, the Florida Legislature placed three amendments on the 2010 ballot. Besides the property tax breaks outlined below, voters will decide whether to continue using state funds to pay for political campaigns for the governor and the cabinet. The Legislature rejected many more proposed amendments, including a weakening of the Class Size Amendment passed by voters in 2002. The House approved that measure, but the Senate did not vote on it. A move to add four years to the existing eight-year limit on legislative terms also failed to clear the Legislature. The Miami Herald has more.

 May 1, 2009

Tax break to be on ballot
Florida voters will be presented a ballot proposal next year that offers tax breaks for some home buyers and non-homestead properties. The proposed amendment passed the Legislature Friday. It would cap property taxes on businesses, second homes and other non-homestead properties at 5 percent. First-time homebuyers would not pay taxes on the first 25 percent of their homes' value. Those savings, to be phased out over five years, are meant to help the state's stagnant housing market. More from the Orlando Sentinel.

May 1, 2009
Overseas military relief
A proposed amendment to give a property tax break to military members serving overseas will be on the 2010 ballot. The state Legislature approved the change unanimously on Friday. It would be available to members of the Army, Navy, Marine Corps, Air Force, Coast Guard, National Guard and military reserve units. Like all proposed amendments it would need a 60 percent vote to become law.

April 27, 2009
Property tax caps get new life
Two property tax relief proposals are on their way to the Florida Senate after passage in the House. One would cap annual taxes at 1.35 percent of the highest taxable value of a home, business or other real estate. It passed unanimously. The other would reduce the existing 10 percent cap on non-homestead property to five percent. It passed 79-37. More at the Miami Herald.

April 27, 2009
House
easily passes union ballot bill
The Florida House easily passed a bill that would place an amendment on the 2010 ballot to head off a federal bill designed to make unionization easier. The Florida measure was approved along partisan lines, with the majority Republicans in support. The Associated Press has details.

April 26, 2009

Unions, business square off

It's called the federal Employee Free Choice Act, but Florida's labor and business leaders disagree on whether the name is fair and accurate. Would the bill make it easier for employees to join unions and get better benefits? Unions say so. Or would it smooth the way for unions to pressure employees to join against their own interests? Business says so. The measure has taken on particular interest to Floridians because the state Legislature is considering an amendment to the state Constitution meant to pre-empt it. The Fort Myers News-Press has an explanation.

 

April 24, 2009

Military tax cuts move forward

The Florida House unanimously passed HJR 833 Friday, a constitutional amendment that would give military personnel overseas a tax break. If the state Senate also approves, the amendment will go to the voters in November 2010. More at News4jax.com


April 18, 2009
Bill would tighten rules on petition signatures

The Florida Senate's Ethics and Elections Committee passed a bill Thursday that would make it more difficult to gather signatures for initiatives. SB 956 would also make numerous other changes in state election law. Read more in the Fort Myers News-Press.

April 16, 2009
House OKs new class-size amendment
Three Democrats joined 75 House Republicans Friday in passing a bill aimed at relaxing limits on Florida's public school class sizes. The amendment passed in 2002 is inflexible and needs to be changed, the majority said. A committee of the state Senate is to hear that chamber's version of the bill Monday. Read more in the 
Tampa Tribune.

April 15, 2009

Dems try, fail to thwart class-size relaxation

Republicans in the Florida House turned back a Democratic attempt to stop a Republican-sponsored bill that would loosen the requirements for class sizes in the state's public schools. The Miami Herald has the story.

April 14, 2009

Backer lobbies to save Class Size Amendment

The Florida Legislature is considering a constitutional amendment that would relax some of the requirements of the Class Size Amendment, but the man who guided the petition drive for the 2002 amendment is fighting back. U.S. Rep. Kendrick Meek was in Tallahassee Tuesday, lobbying lawmakers to leave the amendment alone. The state House is expected to vote soon on a proposal that would, depending on your point of view, improperly weaken the amendment or properly imbue it with some needed flexibility. The proposal would allow some classes to exceed the 2002 limits as long as the district average meets them. More at the St. Petersburg Times.


April 8, 2009

Medical 'pot' supporters to collect signatures

The state Division of Elections has approved a petition submitted by supporters of legalizing marijuana for medical purposes. People United for Medical Marijuana is now free to begin collecting signatures. To get a proposed amendment on the 2010 ballot, the group will be required to turn in 676,811 signatures. Its proposal must also pass review by the Florida Supreme Court.

March 25, 2009


Amendments all over

Ideas for changes to the Florida Constitution are popping up all over the state, especially in Tallahassee. Cut Property Taxes Now wants to cap the tax at 1.35 percent. Florida Hometown Democracy would submit every comp plan change to a public vote, and  some Republicans in the Legislature want to add four years to the present eight-year limit on legislative terms.
Those ideas may all find a place on the 2010 election ballot, but there is almost a guarantee that some of the state's proposed amendments won’t make the cut. The Legislature might not pass the bill that contains the term-limit changes. (It takes a three-fifths vote.) Cut Property Taxes Now and Florida Hometown Democracy might not collect enough signatures. (They need 676,811.) All three of the proposals could die at the state Supreme Court, which decides whether they’ve met the rules spelled out in the Florida Constitution.

In theory, of course, all three of those proposals, plus any number of others, old and new, could make the cut and be on the 2010 ballot. Fortunately for Florida voters, most of them won’t.

The state Division of Elections lists 41 “active” amendment proposals. Did you think “Single Payer Health Care” was a new idea this year? It’s the oldest initiative on the division’s list, dating back to 1995.

Children’s Right Not To Be Abused came along in 1996, followed a year later by Children’s Right Not To Be Molested.

The sponsors of Single Payer Health Care have collected 1,023 signatures on their petitions, but they have 675,688 to go. Children’s Right Not to Be Abused has no signatures at all. It once had 55, but they’ve expired. Such dismal performance is not unusual, however. Citizens of Florida Ensuring and Enforcing Authority, Trust and Justice in State and Local Governments has no valid signatures. Same for End Corporate Welfare and Right to Intimate Privacy.

The fact is, most of the initiatives on the division’s list have few or no signatures. Even Save Our Florida, which “Protects the quality of life of Floridians by preserving the environment, a positive business climate, efficient education system, individual rights, lower taxes and limiting spending on Non Floridians along with a growth management policy,” has no current signatures. It dates from 1998.

For the complete list, including J.A.I.L. 4  Judges, Right to Marijuana Treatment for Certain Medical Diseases and Conditions and Physician Shall Charge the Same Fee for the Same Health Care Service to Every Patient, click here.


Wednesday, March 25, 2009

Expansion of term limits may come before voters

In 1992, Florida voters said eight was enough and adopted a constitutional amendment to limit legislators to that many years in office. It's been 17 years, and at least some legislators believe it's time to change eight to twelve. The Senate Community Affairs Committee approved a bill that would place the expansion on the 2010 ballot. In a controversial move, Chairman Mike Bennett combined the measure with a bill meant to help the state's disabled veterans. The veterans' bill lost some votes as a result.

Tuesday, March 24, 2009


Amendment would toughen standards for signature gatherers

The Associated Press reports that the state House is considering a constitutional amendment that would make it more difficult to collect enough signatures to place a proposed amendment on the Florida ballot. The proposal passed the House Civil Justice and Courts Policy Committee Tuesday by a vote of 5-3, with Republicans voting in favor and Democrats against. A spokesman for the Florida Chamber of Commerce spoke for the bill, and a representative of the state League of Women Voters spoke against it. The measure is opposed by the League, Common Cause and labor unions.

Saturday, March 21, 2009


Unions, busineses square off

One proposed amendment to the Florida Constitution has labor unions and businesses battling each other over familiar territory. Though both sides are couching their arguments in other terms, the fight is over union organizing. Republicans in the state Legislature are rallying behind a measure that could reasonably be expected to make it more difficult to unionize workers. Democrats, who mostly oppose the fledgling amendment, have their own measure in the U.S. Congress. It, not surprisingly, would be a boon to the unions.

Thursday, March 19, 2009

Senate committee OKs move to cut public campaign funds

A Florida Senate committee approved legislation Thursday that would ask voters to reverse a 1998 constitutional amendment to allow use of public funds for some statewide political campaigns.

If the proposed amendment is placed on the 2010 ballot, Florida's voters could stop the flow of public money for governor and three other statewide campaigns.

The measure must still be approved by a three-fifth vote of the full Senate if it is to go on the ballot. Republicans generally support the amendment, but many Democrats are opposed.


Wednesday, March 18, 2009
Amendment pits unions, employers

The Florida Legislature is moving quickly to pass a constitutional amendment that would either preserve the right to a secret ballot or reduce employees’ right to join unions, depending on which side of the issue is explaining it.

The amendment would require secret ballot elections among workers who are deciding whether to form a union. Existing law gives employers the right to decide whether to hold such elections or to use a method preferred by unions wherein an employee checks his preference on a card.

Unions say open elections result in intimidation, harassment and in some cases, the firing of workers who campaign in favor of organizing. Businesses argue that unions use the check card process to harass and intimidate workers into signing.

The amendment proposal comes as the Democratic-controlled U.S. Congress considers the Employee Free Choice Act, which would allow the formation of unions without elections if a majority of employees submit the check cards.



Monday, March 16, 2009

Hometown democracy or total chaos?

The town of Surfside, pop. 4,909, in Miami-Dade County, likes the Florida Hometown Democracy Amendment and has passed a resolution supporting it. Florida Hometown Democracy, Inc., the Sierra Club and the Save the Manatee Club like it too.

The Florida League of Cities, the Florida Association of Counties, the Florida School Boards Association and the Florida Chamber of Commerce don’t care for the proposed constitutional amendment at all.
So what is it?


It’s a proposed amendment to the Florida Constitution that calls for referendums on changes in the “comprehensive plans” that are supposed to guide how the state is developed.
So-called “comp plans” lay out a county or city’s plans for the use of its land. They’re supposed to be relatively hard to change, but the amendment’s supporters say too many city councils and county commissions find it hard to say no when developers come calling.

The amendment’s supporters, most notably Florida Hometown Democracy Inc., which wrote it, say the measure is a necessity if the people of Florida are going to have a say in how the state is developed.

The amendment’s opponents, on the other hand, say it would brew up an unworkable mess, with voters asked to decide on hundreds of changes each election.

Floridians for Smarter Growth Inc., a political action committee financed heavily by developers, homebuilders and real estate agents, is pushing its own amendment, Florida Growth Management Initiative Giving Citizens the Right to Decide Local Growth Management Plan Changes.

It would also allow for a citizens’ vote, but make it a lot less likely. The Smarter Growth amendment calls for 10 percent of the affected citizens to sign a petition -- at the Supervisor of Elections Office.

Floridians for Smarter Growth raised $3,742,697.92 from April 1, 2007, to Dec. 31, 2008, according to the Florida Division of Elections. Its largest donor is the National Association of Home Builders in Washington, D.C.
Florida Hometown Democracy Inc., raised $1,305,075.93 from April 1, 2003, until Dec. 31. Its largest donor is Steven Rosen, a Fort Lauderdale businessman.


Thursday, March 12, 2009

Taxpayer's Bill of Rights

The Taxpayer's Bill of Rights or TABOR, appears to be gaining some momentum toward becoming an amendment to the Florida Constitution, but it's by no means a slam dunk. Here's how the state's chief financial officer sees it:

“TABOR’s near-sighted proposals will hurt Florida’s bond rating, something we can’t afford in these uncertain economic times,” said CFO Alex Sink in a letter to the Legislature March 11. “We need to ensure our state and local governments have more flexibility, not less, to provide essential services and safeguard Florida’s citizens.”

The TABOR amendment, proposed by Sen. Mike Haridopolos, who represents District 26, would cap revenue at the 2010-2011 levels. Any new tax, fee or assessment would have to be voted on in a referendum.

Haridopolos' amendment, SJR1906, passed the Senate's Community Affairs Committee on March 11 by a partyline vote, Republicans supporting it. It drew substantial opposition, however.

Wayne Blanton, lobbyist for the Florida Association of District School Superintendents,  said "It's as close to creating governmental paralysis as anything I've ever seen."

""It's really a taxpayer bill of goods," said AARP lobbyist Jack McRay.

But Trey Price, a lobbyist for the Florida Association of Realtors, liked the idea:

"What's more reasonable than allowing citizens to approve excess-spending growth?" Price said. "This proposal brings the voters back into the local government arena."


Wednesday,  March 11, 2009 
A way to move some of those stalled houses

TALLAHASSEE - With more than 300,000 Florida homes on the market and few interested buyers, the state Legislature is moving toward offering a tax break to first-time homebuyers.

The House Military & Local Affairs Committee approved a measure that would offer a 50 percent property-value exemption to homebuyers who have never claimed a homestead exemption.

The idea is to get the housing market moving, but it won't happen this year. What the committee passed -- and will now go to the entire House -- is a proposed constitutional amendment. If the House OKs it, the constitutional change will need a majority vote of the state Senate, have to pass muster before the Florida Supreme Court and must garner a 60 percent vote of the voters in the 2010 election.

If all of that comes to pass,  the buyer of a $200,000 house will save about $2,000. The exemption would be phased out over five years. For more information, read the entire story in the South Florida Sun Sentinel.
 


Opinion

Serious fight begins on Amendment 4


Have some faith in voters

Amendment 4 is anti-jobs

Sides get ready for growth battle

Want to Stop 4? Get better arguments

A formula for gridlock

Growth measures cause concern

Good name, bad plan

Beware ballot trickery

Taking 'Smart' out of growth

Column: Floridaoil.org

Petition process rescued

Take back democracy

 Stop gerrymandering

The Strangulation of Florida

Unwise growth laws could be boon to Hometown Democracy