8 of 11 Constitutional Amendments Rejected by Florida Voters

Posted on 07 November 2012

REJECTED: Amendment 1 (HEALTH CARE SERVICES) Proposed to preserve the freedom of Florida residents to provide for their own health care by: 1) ensuring that any person, employer, or health care provider is not compelled to participate in any health care system; 2) authorizing a person or employer to pay directly, without using a third party, such as an insurer or employer, for health care services without incurring penalties or fines; and 3) authorizing a health care provider to accept direct payment for health care services without incurring penalties or fines.

Among other things, it would have prevented passage of a health care law similar to the one signed by Mitt Romney while he was Governor of Massachusetts—legislation that in turn was compared to ObamaCare.

APPROVED: Amendment 2 (VETERANS DISABLED DUE TO COMBAT INJURY; HOMESTEAD PROPERTY TAX DISCOUNT) Expands the availability of the property tax discount on the homesteads of veterans who became disabled as the result of a combat injury, to include those who were not Florida residents when they entered the military.

REJECTED: Amendment 3 (STATE GOVERNMENT REVENUE LIMITATION) Would have replaced existing state government revenue limits based on personal income growth with new limits based on inflations and population changes. Similar to a law passed in Colorado, it would have capped revenue growth to match population and cost of living jumps.

REJECTED: Amendment 4 (PROPERTY TAX LIMITATIONS; PROPERTY VALUE DECLINE; REDUCTION FOR NONHOMESTEAD ASSESSMENT INCREASES; DELAY OF SCHEDULED REPEAL) Proposed changes to the non-homestead assessment limitation; prohibited increases in assessed value where market value had declined.

Amendment 4 was supported by developers. It was opposed by municipalities, which said the amendment would cut services and raise taxes on those who stood least to benefit from the proposal.

REJECTED: Amendment 5 (STATE COURTS) The Republican-supported measure would have permitted the Legislature to more easily repeal rules adopted by the Supreme Court and other judicial bodies, and would have  provided for state Senate confirmation of appointed Supreme Court justices.

The amendment would have made it easier for lawmakers to veto court policies and practices. It was overwhelmingly opposed by members of the legal community as a threat to an independent judiciary.

REJECTED: Amendment 6 (PROHIBITION ON PUBLIC FUNDING OF ABORTIONS; CONSTRUCTION OF ABORTION RIGHTS) Proposed to prohibit the expenditure of public funds may for any abortion or health-benefits coverage that includes coverage of abortion. It would have prohibited amendments to the state constitution that would create broader abortion rights than those in the U.S. Constitution.

The Republican-controlled Legislature placed the measure on the ballot to prohibit taxpayer funding of abortions (which the state already doesn’t provide). Privacy rights under the Florida Constitution—which are more extensive than those found in the U.S. Constitution—would have been retooled to longer include reproductive freedoms. Both sides viewed the measure as a likely step towards a parental-consent law.

REJECTED: Amendment 8 (RELIGIOUS FREEDOM) Proposed that no individual or entity could be denied, on the basis of religious identity or belief, governmental benefits, funding or other support, except as required by the First Amendment to the U.S. Constitution.

Voters refused to repeal the state ban on public funding for religious organizations, including church-supported parochial schools. The amendment would also have prohibited the state and municipal governments from preventing people from receiving public benefits that are facilitated through religious organizations. The measure might have paved the way for taxpayer-supported vouchers for private schools.

APPROVED: Amendment 9 (HOMESTEAD PROPERTY TAX EXEMPTION FOR SURVIVING SPOUSE OF MILITARY VETERAN OR FIRST RESPONDER) Expands the ad valorem homestead property tax relief to the surviving spouse of a military veteran who died from service–connected causes while on active duty, or a first responder (law enforcement, correctional officer, firefighter, emergency medical technician, or a paramedic) who died in the line of duty. The Amendment authorizes the Legislature to totally exempt or partially exempt such surviving spouse’s homestead property from ad valorem taxes.

REJECTED:  Amendment 10 (TANGIBLE PERSONAL PROPERTY TAX EXEMPTION) Proposed an exemption from ad valorem taxes on tangible personal property (furniture, equipment and other property EXCEPT real estate), if the assessed value is greater than $25,000 but less than $50,000. Also authorized municipalities to provide tangible personal property tax exemptions by ordinance. This was in addition to other statewide tangible personal property tax exemptions provided by the Florida Constitution.

The Republican-controlled Legislature offered the measure as a means to stimulate the state economy. The exemption has been increased already since 2010 as a way to cut corporate taxes. Opponents of the amendment said it forced municipalities to choose between raising taxes and decreasing public services.

APPROVED: Amendment 11 (ADDITIONAL HOMESTEAD EXEMPTION; LOW-INCOME SENIORS WHO MAINTAIN LONG-TERM RESIDENCY ON PROPERTY; EQUAL TO ASSESSED VALUE) Allows municipalities to grant a property tax exemption for low-income home owners age 65+ on their primary residence if they have lived in the home for at least 25 years, and if the home has a market value less than $250,000.

REJECTED: Amendment 12 (APPOINTMENT OF STUDENT BODY PRESIDENT TO BOARD OF GOVERNORS OF THE STATE UNIVERSITY SYSTEM) Proposed to replace the President of the Florida Student Association on the Board of Governors with the Chair of the Council of State University Student Body Presidents.

Lawmakers offered the measure after representatives of Florida State University (FSU) decided to boycott the Florida Student Association (FSA)—which is comprised of Student Government presidents for each of Florida’s institutions of higher learning—following a disagreement over payment of membership dues. (That disputation was later resolved.)

The measure proposed to create a new body of student government presidents, with the chair to serve as the student board member, but the Florida Student Association president will now remain on the Board of Governors.

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