2002 Proposed Constitutional Amendments

You will have a chance to vote for all of these on November 5.

1. Excessive Punishments (Sponsored by the Florida Legislature).
This one is a “preservation of the death penalty” amendment. It is identical to an amendment that voters overwhelmingly adopted in 1998, with some clarified summary language. The Supreme Court of Florida struck down the 1998 amendment in a split decision based on the lack of clarity in ballot summary. If you support Florida’s use of the death penalty for criminals convicted of capital crimes, vote “yes” on this amendment. If you oppose the death penalty, vote “no.”

2. Economic Impact Statements for Proposed Constitutional Amendments or Revisions. (Sponsored by the Florida Legislature)
This amendment requires that all constitutional amendments include a fiscal impact note in the ballot summary. In short, the ballot summary should inform the voters how much the amendment will cost the taxpayers of Florida should it pass. If you support being informed about the cost to implement an amendment before you vote on it, vote “yes” on this amendment. If you oppose it, vote “no.”

3. Authorizing Amendments to Miami-Dade County Home Rule Charter by Special Law Approved by Referendum. (Sponsored by the Florida Legislature)
This amendment makes some technical changes to Section 6 of Article VIII of the Constitution related to the Miami-Dade County Home Rule Charter. It allows for an additional method to amend their Charter by a vote of the area voters. If you support modifying the Miami-Dade County Home Rule Charter, vote “yes.” If you oppose it, vote “no.”

4. Laws Providing Public Records or Meeting Exemptions; Two-Thirds Vote Required. (Sponsored by the Florida Legislature)
This amendment requires that laws providing exemptions from public records or public meetings be passed by a two-thirds vote of each house of the Florida Legislature. Currently, public records laws “make public” all records in the possession of a public agency and certain public meetings, unless those records or meetings are exempted by law. An exemption to the public records law functionally “makes private” certain records and waives open door requirements for certain official meetings. Some examples of current “exemptions” are the home address of a law-enforcement officer, your Social Security number on a public document, and the deliberations of the Grand Jury. If you support making it more difficult for the Legislature to pass exemptions to the public records law, vote “yes” on this amendment. If you oppose making it more difficult, vote “no.”

5. Exemption for Construction of Living Quarters for Parents or Grandparents. (Sponsored by the Florida Legislature)
This amendment proposes that the State Constitution allow counties to exempt from taxation an increase in the assessed value of homestead property resulting from constructing living quarters for a parent or grandparent of the property owner or the property owner's spouse who is 62 years old or older. It limits the amount of such exemption to the increase in assessed value resulting from such construction or 20 percent of the total assessed value of the property as improved, whichever is less. If you support modifying the assessed value homestead exemption law for this purpose , vote “yes.” If you oppose it, vote “no.”

6. Protect People from the Health Hazards of Second-Hand Tobacco Smoke by Prohibiting Workplace Smoking. (Sponsored by Smoke- Free for Health, Inc. and placed on ballot via citizen initiative).
This amendment proposes to protect people from the health hazards of second-hand tobacco smoke by prohibiting tobacco smoking in enclosed indoor workplaces. It allows exceptions for private residences except when they are being used to provide commercial childcare, adult care or healthcare. Also allows exceptions for retail tobacco shops, designated smoking guest rooms at hotels and other public lodging establishments, and stand-alone bars. Provides definitions, and requires the legislature to promptly implement this amendment. If you support a constitutional ban on smoking in certain public places, vote “yes.” If you oppose a constitutional ban on smoking in certain public places, vote “no.”

7. Animal Cruelty Amendment: Limiting Cruel and Inhumane Confinement of Pigs During Pregnancy. (Sponsored by Floridians for Humane Farms and to be placed on ballot via citizen initiative.)
This amendment proposes that no person shall confine or tether a pig during pregnancy. “Animal rights” groups have targeted Florida because there are only two pig farmers in Florida—resulting in little industry opposition, and because we have the easiest state Constitution to amend. These-animal rights activists plan to use political momentum gained in Florida to target big pork-producing states like North Carolina and Iowa for passage of similar amendments. If you support pigs having the constitutional right to not be confined during pregnancy, vote “yes.” If you oppose pigs having constitutional rights in Florida, vote “no.”

8. Florida’s Amendment to Reduce Class Size. (Sponsored by Coalition to Reduce Class Size and to be placed on ballot via citizen initiative.)
This amendment requires the Legislature to fund sufficient additional classrooms to reduce classroom sizes of students in public school classes for various grade levels by the 2010 school year, and prohibits passing the cost on to local school districts. Official estimates have put the cost of this amendment between $20 and $27.5 billion over the next eight years plus an additional $2.5 billion annually thereafter. If this amendment passes, the Florida Legislature will be forced to either significantly raise taxes or radically cut education, transportation, social service “safety net,” parks, recreation, and other “quality-of-life” programs. Each penny of Florida sales tax raises about $2.6 billion in revenue. If this amendment passes, the 2003 Florida Legislature faces a $5 billion deficit out of only $21 billion in discretionary funding dollars for the 2003-04 year. If you support constitutionally mandated classroom size, vote “yes.” If you oppose constitutionally mandated classroom size, vote “no.”

9. Voluntary Universal Pre-Kindergarten Education. (Sponsored by Pre-K Committee of Parents for Readiness Education for our Kids and to be placed on ballot via citizen initiative)
This amendment provides that every four-year-old child in Florida shall, by constitutional mandate, be offered “a high-quality pre-kindergarten learning opportunity by the state” no later than the 2005 school year. This amendment also mandates that it shall be free for all Florida four-year-olds without taking away funds used for existing education, health and development programs. According to the various studies and estimates, the plan will cost around $625 million the first year, and will rise in annual cost to over $760 million by 2015. Some groups have estimated cost to be much higher. Because this amendment prohibits local funding or diversion of other education spending, it requires the Florida Legislature to look to the taxpayers for additional funding. If you support the constitutionally mandated offering of “pre-K” programs, vote “yes.” If you oppose constitutionally mandated offering of “pre-K” programs, vote “no.”

10. Local Trustees and Statewide Governing Board to Manage Florida’s University System. (Sponsored by Education Excellence Initiative and to be placed on ballot via citizen initiative.)
This initiative proposes that a local board of trustees shall administer each state university. Each board shall have 13 members dedicated to excellence in teaching, research, and service to community. A statewide governing board of 17 members shall be responsible for the coordinated and accountable operation of the whole university system. Wasteful duplication of facilities or programs is to be avoided. Provides procedures for selection and confirmation of board members, including one student and one faculty representative per board. If you support this constitutionally mandated structure for our higher education system, vote “yes.” If you oppose this constitutionally mandated structure for our higher education system, vote “no.”