Florida Constitutional Amendments - 2012

Amendment 1, Florida Health Care (2012) The measure aims to prevent penalties for not purchasing health care coverage in order to comply with federal health care reforms. Proposing an amendment to the State Constitution to prohibit laws or rules from compelling any person or employer to purchase, obtain, or otherwise provide for health care coverage; permit a person or an employer to purchase lawful health care services directly from a health care provider; permit a health care provider to accept direct payment from a person or an employer for lawful health care services; exempt persons, employers, and health care providers from penalties and taxes for paying directly or accepting direct payment for lawful health care services; and prohibit laws or rules from abolishing the private market for health care coverage of any lawful health care service. Support Supporters of the proposed measure argue that the federal health care law is an abuse of federal power, in part due to the requirements that people buy health insurance. Sponsor of the measure Rep. Scott Plakon said, I say keep your hands off my freedom. Opposition Opponents of the proposal argue that a constitutional amendment may not ensure that citizens can opt out of the individual mandate set forth by the federal reform. They argue that the Supremacy Clause in the United States Constitution would override the state laws, making the proposed amendment a moot point. Conservative Countdown recommends that you vote YES to this amendment. It will block Obama care and any future bills of that type. ____________________________________________ Amendment 2, Florida Veterans Property Tax (2012) The proposed measure would allow for property tax discounts for disabled veterans. This bill explicitly extends the the rights to ad valorem tax discounts, made available in 2010 to all veterans who were residents of Florida prior to their service, to all combatdisabled veterans currently living in Florida whether they were residents prior to their service or not. The joint resolution proposes an amendment to s. 6, Art. VII of the State Constitution to expand the eligibility of the combat-related disabled veterans homestead property tax discount to include those veterans who were not Florida residents when they entered the military. If the joint resolution is adopted, a disabled veteran age 65 or older applying for the discount will no longer be required to provide proof that he or she was a Florida resident at the time of entering the United States military, but would still need to prove that the disability was combat-related and that he or she was honorably discharged. A disabled veteran who qualies for this homestead property tax discount receives a discount equal to the veterans percentage of disability, as determined by the United States Department of Veterans Affairs. Section 32 is added to Art. XII of the State Constitution to provide that if adopted by the voters, the expanded eligibility for the combat-related disabled veterans homestead property tax exemption shall take effect January 1, 2013. Conservative Countdown recommends that you vote YES to this amendment. What It Does: Provides a homestead property tax exemption for qualifying disabled veterans that is equal to the veterans percentage of disability as determined by the U.S. Department of Veterans Affairs Background: This amendment expands a previous tax discount for wounded veterans who were residents of Florida when they entered the military to all veterans disabled as a result of combat. Budget Impact: About 74,000 veterans may qualify for the benet, according to the Florida Department of Veterans Affairs. The Revenue Estimating Conference estimates the proposal would reduce statewide receipts by about $15 million between 2013 and 2016, and $7.6 million annually after that. On the ip side, the tax break could help stimulate Floridas housing industry.

Florida Constitutional Amendments - 2012

____________________________________________ Amendment 3, Florida State Revenue Limitation (2012) The measure proposes replacing existing revenue limits with a new limitation based on ination and population change. Any funds that exceed the revenue limits would be placed in the states rainy day fund. Once the fund reaches 10% of the prior years total budget the Florida State Legislature would be required to vote to either provide tax relief or reduce property taxes Support Senate President Mike Haridopolos on February 24, 2011 he said, Floridas families are forced to spend their money responsibly and so should state government. Historically government has spent more when times are good and then been forced to make dramatic cuts when the economy takes a downturn. The Smart Cap amendment ensures the state budget doesnt grow beyond a familys ability to pay for it. Opposition Opponents include groups like the AARP and the League of Women Voters. Jack McRay of the AARP said the proposed revenue cap could prevent government services from keeping up with demand. On March 2, 2011 the League of Women Voters ofcially announced their opposition to SJR 958. The League has opposed this bill since it was rst introduced in Florida in 2008. TABOR has been brought up and defeated in more than twenty states; the only state to pass TABOR is Colorado, said the league. Conservative Countdown recommends that you vote YES to this amendment. What It Does: Would limit revenue collected by the state to the amount collected the previous year plus an annual adjustment based on a combination of population growth and the rate of ination. It would also require excess revenue to be deposited into the Budget Stabilization Fund, used to support public education, or returned to taxpayers. Background: Florida has had a revenue limitation based on personal income growth since 1994, but some, including Senate President Mike Haridopolos, say tougher limits on state spending are needed to force lawmakers to spend responsibly and curb their tendency to overspend during periods of growth. Colorado voters approved a measure similar to this one in 1992 but went back to the polls three years later and voted to suspend the law after it resulted in cuts to vital public services and increased the cost of issuing bonds. Since then, more than 20 state legislatures have rejected similar proposals. Budget Impact: The new state revenue limitations will restrict the ability of the state government to raise taxes, issue licenses, fees, nes or charge for services and limits the use of revenue received in excess of the constitutional limitation. ____________________________________________ Amendment 4, Florida Property Tax (2012) The proposed amendment would prohibit increases in the assessed value of homestead property if the fair market value of the property decreases; reduces the limitation on annual assessment increases to non-homestead property; and provides an additional homestead exemption. Specically, non-homestead or commercial property would have their assessment increases capped at 3 percent per year. The property tax rate would also be lowered to 10 percent for rental and 5 percent for commercial properties. According to reports, this will put non-homestead or commercial property owners in line with the benet received by homestead owners. Additionally, the measure would implement an additional homestead exemption for rst-time buyers equal to 50 percent of the median home price in the county. The additional exemption, however, would be gradually reduced until it expires within 5 years. Conservative Countdown recommends that you vote YES to this amendment.

Florida Constitutional Amendments - 2012

What It Does: Current law caps annual assessment increases on non-homesteaded property at 10% a year. Amendment 4 reduces the assessment cap to 5% and delays expiration of that cap to 2023; gives rst-time home buyers (those who have not purchased a home in Florida in the past three years) an additional homestead exemption up to $150,000 phased out over ve years; and allows the Legislature to repeal Floridas recapture rule, which causes some taxable values on homesteaded property to rise even when market values have dropped. Background: Dorworth, a real estate investor and developer, says Amendment 4 will make property taxes more manageable and stable. The proposal would reduce some of the inequities created by the 1992 Save Our Homes constitutional amendment but could reduce revenue to local governments and force them to raise millage rates. Budget Impact: Assuming millage rates remain the same, local governments stand to lose about $273 million in 2013, with revenue shrinking by $600 million by 2016. ____________________________________________ Amendment 5, Florida Supreme Court (2012) The proposed measure would modify the existing State Supreme Court. The proposed measure is also known as HJR 7111. The original proposal called for splitting the state Supreme Court, however that bill was modied in early April 2011. The current version of the bill abandons that proposal but does modify the relationship of power between the legislative and judicial branches. The amendment revises provisions relating to repeal of court rules, limits readoption of repealed court rule, and stipulates that all appointments to the Florida Supreme Court be subject to conrmation by the senate. The proposed legislation also grants the House access to investigative les of the Judicial Qualications Commission. The measure would abolish the current Florida Supreme Court and create a Supreme Court of Civil Appeals and Supreme Court of Criminal Appeals. Each of the new supreme courts would have ve appointed justices. Three of the most senior justices currently in the Florida Supreme Court would be transferred to the new Supreme Court of Criminal Appeals. The remaining four current justices would be transferred to the new Supreme court of Civil Appeals. The governor would be responsible for appointing three new justices to ll the remaining openings in the courts. Support The proposed measure, according to reports, is supported by the Florida Chamber of Commerce. Civil Justice Chairman Eric Eisnagle said dividing the Florida Supreme Court into two branches would speed the review of both criminal cases and civil litigation. He said, This bill is intended to bring more efciency to the high courts ability to address all types of cases. Other perspectives The original proposals splitting the court and requiring senate conrmation of appointed appellate judges drew opposition from judges across the state and the Florida Bar, the legal group that represents the states 90,000 lawyers. Communications with the state bar have, however, revealed that no ofcial stance has yet been taken on the current amendment. Conservative Countdown recommends that you vote YES to this amendment. What It Does: Main features include Senate conrmation of the governors appointed justices, gives the Legislature power to repeal court rules by a simple majority vote, limits the re-adoption of repealed court rules, requires the Judicial Qualications Commission to make all les available to the House Speaker and keep records condential until impeachment is initiated. Background: The measure is a scaled-back version of a failed effort by Cannon to split the state Supreme Court in two, add three justices and give the governor the authority to appoint the chief justice rather than rotating the post among the justices. Proponents claim theyre trying to make the courts more efcient; others see the measure as an effort to politicize the courts and a power grab by the Legislature. The Florida Bar is not taking a position on the amendment. Budget Impact: None ____________________________________________

Florida Constitutional Amendments - 2012

Amendment 6, Florida Abortion (2012) The proposed measure would prohibit the use of public funds for abortions except as required by federal law and to save the mothers life. Additionally, the measure stipulates that the state constitution cannot be interpreted to include broader rights to abortion than those contained in the United States Constitution. Support The group Citizens for Protecting Taxpayers and Parental Rights has come out in support of the amendment. Randy Armstrong, president of the group, says because abortion can have lasting effects, parents should have the right to be a part of the decision. Opposition The group Vote No on 6 has formed to oppose the amendment. Campaign manager Judith Selzer points out that if passed, Amendment 6 would allow politicians to interfere with a womans right to make decisions about her own reproductive health. Every woman deserves to make her own personal decisions based on her values and her doctors advice without politicians interfering, Selzer says. Conservative Countdown recommends that you vote YES to this amendment. What It Does: While federal and state law already prohibit public nancing of abortions, this amendment would enshrine that ban in the state Constitution: The amendment also prohibits spending public funds on health benets that include coverage of abortion, but it would not apply to expenditures required by federal law, which include an abortion to save the life of the mother or pregnancies resulting from rape and incest. It also exempts abortions from the privacy clause of the states constitution. Background: Florida and federal law already prohibit spending for abortions unless theyre needed to save the life of the woman or to end pregnancies caused by rape or incest, but putting it in the state constitution would make it much harder to repeal such a ban later. Exempting abortions from the privacy clause would clear the way for a parental consent law that the Florida Supreme Court has struck down twice. State Rep. Elaine Schwartz (D-Hollywood) has alleged that Republicans introduced the amendment as a political move to get out the vote in 2012. Budget Impact: None ____________________________________________ Amendment 8, Florida Religious Freedom (2012) The proposed measure would prevent individuals from being barred from participating in public programs if they choose to use public funds at a religious provider. Essentially, the measure moves to repeal the states ban of public dollars for religious funding, also known as the Blaine Amendment. Constitutional changes Text of Section 3: Religious Freedom There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace, or safety. No individual or entity may be discriminated against or barred from receiving funding on the basis of religious identity or belief. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution. Support The Yes on 8 Campaign is spearheading the drive to pass the amendment. Florida Representative Stephen Precourt is a spokesman for the campaign who says that religious should be treated the same as non-religious ones. He has described education as a marketplace and said, They shouldnt be telling a group that just because youre faith-based organization you shouldnt be participating in the market

Florida Constitutional Amendments - 2012

Opposition Opponents say: When tax dollars are spent, the organization using those funds becomes a quasi-government agent and thus opens itself up to government control. The government cannot allow the use of tax dollars in a way that will discriminate based upon criteria such as race, gender, religion, creed, etc. So if a religious organization accepts tax dollars for the performance of a service, the government must regulate that organizations activity and prevent discriminatory practices. The organization can no longer perform its service free to the dictates of their religious convictions, but must adhere to a non-discriminatory practice as regulated and dictated by the government. Conservative Countdown recommends that you vote NO to this amendment. Any religious group that takes money from the government will lose their religious freedom because of the guild lines to receive the funds from the government. This bill WILL raise tax rates so to supply funding to the churches. Our constitution recommends that to have religious freedom, the government must stay out of religion. What It Would Do: Would repeal the Florida Constitutions prohibition on state funding of religious organizations Budget Impact: Private religious institutions could benet from receiving more public funds ____________________________________________ Amendment 9, Florida Property Tax Exemption for Surviving Spouses (2012) If enacted this amendment would authorize the legislature to totally or partially exempt surviving spouses of military veterans or rst responders who died in the line of duty from paying property taxes. **NOTE** The law does not say if the exemption is still applicable if the surviving spouse remarries or moves from original address. Conservative Countdown recommends that you vote YES to this amendment. What It Does: Eliminates property taxes on the homes of surviving spouses of veterans or rst responders killed in the line of duty Budget Impact: Assuming current millage rates, the tax break will cost $600,000 annually $300,000 a year for schools and $300,000 a year for non-school local governments beginning in 2013-14 according to an analysis by the Florida House of Representatives. ____________________________________________ Amendment 10, Florida Tangible Personal Property Tax Exemption (2012) If enacted this amendment would provide an exemption from ad valorem taxes levied by local governments on tangible personal property thats value is greater than $25,000 but less than $50,000. ad valorem is dened as: A tax based on the assessed value of real estate or personal property. Ad valorem taxes can be property tax or even duty on imported items. Property ad valorem taxes are the major source of revenue for state and municipal governments. Conservative Countdown recommends that you vote YES to this amendment. What It Does: Creates an additional exemption on tangible personal property valued at more than $25,000 but less than $50,000. It also authorizes counties and municipalities to provide additional exemptions by ordinance. Background: In Florida, businesses are required to pay taxes on machinery, ofce furniture, computer equipment and other items of tangible personal property that they own. The measure would increase the existing tax exemption from $25,000 to $50,000. About 150,000 businesses would benet. Budget Impact: Beginning in scal year 2013-14, it will cost local governments $20.1 million ____________________________________________ Amendment 11, Florida Senior Homestead Tax Exemption (2012)

Florida Constitutional Amendments - 2012

If enacted this amendment would enable the state legislature to authorize counties and municipalities to offer additional tax exemptions on the homes of low-income seniors. Conservative Countdown recommends that you vote YES to this amendment. What It Does: Allows counties and municipalities to grant an additional homestead tax exemption equal to the assessed value of the homestead property for low-income senior citizens Background: Homeowners who are 65 years or older with an annual household income less than $27,030 who live in homes with a just market value of less than $250,000 would get the exemption. The owner must have the title to the property and must have maintained a permanent residency at that home for at least 25 years. Budget Impact: Will cost local governments an estimated $9.1 million in scal year 2014-15 and $9.4 million in 2015-16 ____________________________________________ Amendment 12, Florida Appointment Process for State University System Board of Governors Revision (2012) If enacted this amendment would replace the president of the Florida Student Association with the chair of the council of state university student body presidents as the student member of the Board of Governors of the State University System. Conservative Countdown recommends that you vote YES to this amendment. What It Does: Revises selection process for student member of Board of Governors of State University System. Replaces the president of the Florida Student Association with the chair of the council of state university student body presidents as the student member of the Board of Governors and requires the Board of Governors to organize the council of state university student body presidents. Background: Currently, the student representative on the BOG is the chairman of the Florida Student Association, which was established to serve as a council consisting of the student body presidents from the 11 state universities. Florida State University, which does not participate in the Florida Student Association, has been aggressively lobbying for years for a change in the selection process. Budget Impact: None