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The Amendments


[Photo: Roberto Schmidt, Getty Images]

Amendment 1
Public Campaign Financing

Sponsor: Florida Legislature
Title: Repeal of Public Campaign Financing Requirement

What It Does: Would do away with public financing of statewide election campaigns for governor and three Florida Cabinet positions. It would not take effect until after the 2010 elections.

Background: The public financing system for elections was voted into the Florida Constitution in 1998. Under current law, candidates running for governor or a Cabinet position who agree to limit their spending are entitled to state matching funds of up to $250 for every individual donation they receive. If a candidate's opponent exceeds the state's spending caps — currently $24.9 million for the governor's race and $12.45 million for a Cabinet position — the candidate is entitled to a dollar-for-dollar match on everything his or her opponent spends above the cap. While 64% of voters supported public financing in 1998, the current era of tight budgeting could cause many to rethink the issue.

Proponents: More than three-fifths of state lawmakers support abolishing what many say amounts to little more than 'welfare for politicians." Rep. Alan Hays (R-Umatilla), sponsor of the House resolution to repeal the system, told the Miami Herald that the state has 'no business using taxpayer dollars" for such purposes and says the money would be better put to use for education, rehabilitating prisoners or providing foster care for children.

Opponents: Groups such as Common Cause, the League of Women Voters and Florida PIRG oppose scrapping public financing. They say Amendment 1 would increase the influence of special interests on elections and reduce the number of candidates who can afford to run for office.

Financial Impact: The state dispensed more than $11 million to candidates in 2006, $5.2 million in 2002, $914,885 in 2000 and $4.6 million in 1998.

Amendment 2
Military Break

Sponsor: The Florida Legislature
Title: Homestead Ad Valorem Tax Credit for Deployed Military Personnel

What It Does: Reduces property tax rates for military personnel deployed outside the U.S. on active duty in the previous year. The exempt amount depends on the number of days the soldier is deployed. If approved, the amendment will take effect Jan. 1.

Background: More than 25,000 Floridians are deployed in support of Operation Iraqi Freedom and Operation Enduring Freedom. The tax break was the brainchild of Michael Waldrop, a former U.S. Army Reserve infantry captain from Orlando, who began lobbying state lawmakers for tax relief while he was stationed in Afghanistan in 2006-07. Rep. Mike Horner (R-Kissimmee) sponsored the House Resolution that placed the constitutional amendment on the ballot. Horner served in the U.S. Army Florida National Guard from 1992-96. Sen. Andy Gardiner (R-Orlando) sponsored a companion measure in the Senate.

Proponents: The House and Senate unanimously supported placing Amendment 2 on the ballot, and Gov. Charlie Crist has lauded the measure.

Opponents: The amendment has drawn no vocal opposition; the Miami-Dade County Commission, went so far as to pass a resolution urging state lawmakers to pass it.

Financial Impact: According to the Revenue Estimating Conference, this proposal would have reduced statewide receipts by $13 million if it had been in effect over the past fiscal year, assuming current millage rates.

Amendment 4
Hometown Democracy

Sponsor: Florida Hometown Democracy PAC
Title: Referenda Required for Adoption and Amendment of Local Government Comprehensive Land Use Plans


Environmental and land-use attorney Ross Burnaman founded the Hometown Democracy committee with Lesley Blackner.
What It Does: Would require citizens to vote directly on changes in local 'comprehensive" land-use plans.

Background: Lesley Blackner, a Palm Beach lawyer who specializes in environmental law, says she conceived the Hometown Democracy amendment to give citizens more control over growth management, which she believes has run amok and contributed to sprawl throughout the Sunshine State. Both sides have spent millions on the contentious issue.

Proponents: Palm Beach lawyer Lesley Blackner; Tallahassee lawyer Ross Burnaman; Sierra Club of Florida; Save the Manatee Club; other smaller groups focused on the environment, neighborhood protection or population control

Opponents: Florida Chamber of Commerce; Realtor and home builder groups; Associated Industries of Florida; Florida TaxWatch; prominent landholding family businesses such as Duda and Lykes, unions, municipal and county elected officials and administrators and school boards. Opponents call the amendment 'Vote on Everything" and say it will lead to wasted tax dollars, fewer jobs and endless litigation. 'Under this measure, it would not be uncommon for voters to decide 200 to 300 technical land-use planning amendments every year at the ballot box," says Citizens for Lower Taxes and a Stronger Economy, an umbrella group organized by the Florida Chamber of Commerce to fight the amendment.


Blackner
Financial Impact: Opponents cite a study by the Washington Economics Group that estimates Amendment 4 would reduce Florida's annual economic output by $34 billion annually. Local governments will incur additional costs to conduct referendums in order to adopt comprehensive plans and amendments. According to state economists, at a minimum, general election costs will be increased by the additional expenditures for printing ballots and noticing and advertising the ballot information. If special elections are required, and every Florida voter is impacted by a special election, costs could range between $10 million to $20 million.

Amendment 5
Legislative Redistricting

Sponsor: FairDistrictsFlorida.org
Title: Standards for the Legislature to Follow in Legislative Redistricting

Ellen Freiden
Miami attorney Ellen Freiden
What It Does: Would change the way the Legislature draws legislative district boundaries to reflect population shifts. Currently, the party in power draws those lines, with the only requirements being that the districts are roughly equal in population and that they consist of contiguous territory. New rules in this amendment would prohibit lawmakers from drawing districts that favor an incumbent or a political party. The districts would still be required to be contiguous and equal in population where possible, but they would have to be compact and make use of existing city, county and geographical boundaries where possible. Additionally, the districts would have to be drawn in a way that wouldn't deny minorities an equal opportunity to elect representatives of their choice.

Background: The group Fair Districts Florida — founded by Miami attorney Ellen Freiden and backed by a bipartisan group that includes former Democratic Gov. Bob Graham and Republican attorney Thom Rumberger — says the current method of redistricting allows politicians to rig districts that 'unfairly perpetuate their own political power." The group collected more the 1.65 million signatures to get this amendment and a companion amendment regarding congressional redistricting (Amendment 6) on the ballot. The new criteria for redistricting would go into effect in 2012.

Mario Diaz-Balart
Diaz-Balart
Proponents: Fair Districts Florida's effort enjoys wide support among Democratic lawmakers at the state and federal level, many editorial boards and groups such as the NAACP, the League of Women Voters, Common Cause, the AFL-CIO, the Florida Education Association and the Service Employees International Union.
Opponents: State Republican leaders; former legislative Black Caucus Chairman Gary Siplin (D-Tallahassee); Minority Leader Sen. Al Lawson (D-Orlando); U.S. Rep. Mario Diaz-Balart (R-Miami); U.S. Rep. Corrine Brown (D-Jacksonville); Florida Chamber of Commerce; Associated Industries of Florida. Arguing that the proposal could undermine minority-controlled districts, Republican state leaders tried to push through Amendment 7, which would have allowed other factors to be considered when drawing district boundaries. The Supreme Court struck their amendment from the ballot ('Removed")

Financial Impact: State government and state courts may incur legal expenses because the amendment increases the number of factors that could be litigated and will likely result in more legal challenges.

Amendment 6
Congressional Redistricting

Sponsor: FairDistrictsFlorida.org
Title: Standards for the Legislature to Follow in Congressional Redistricting

What It Does: Similar to Amendment 5, this amendment would change the way the Legislature redraws congressional district boundaries to reflect population shifts.

Amendment 8
Relaxation of Class-Size Requirements

Sponsor: The Florida Legislature
Title: Revision of the Class Size Requirements for Public Schools

What It Does: Would relax class size requirements for public schools by allowing schools to calculate as a school-wide average, rather than on a per class basis. That said, the maximum number of students allowed in each class would be: 21 students for pre-kindergarten through third grade; 27 students for the fourth through eighth grades; and 30 students in the nine through 12th grades. The limits would not apply to virtual classes and would take place retroactively, beginning with the 2010-2011 school year, which is already underway.

Background: In 2002, Florida voters approved a Constitutional amendment requiring Florida public schools to limit class sizes to: 18 students in pre-kindergarten through third grade classes; 22 students in the fourth through eighth grade classes; and 25 students in ninth through 12th grade classes. Thus far, schools have been able to use school-wide class size averages to satisfy the class size requirements, but this fall, each individual classroom much meet the strict size limits and those that aren’t meeting the limits will face stiff fines.

To date, the state has spent more than $18 billion to implement the Class Size amendment — but some school officials and state lawmakers say the class size rules are simply too onerous and too expensive, especially in the current economic environment. Amendment 8, which was proposed by Sen. Don Gaetz and Rep. Will Weatherford, would give schools more flexibility and allow them to continue to use a school’s average class size to meet the requirements. This amendment would allow schools to base their count on school-wide averages, so long as each individual class does not exceed the aforementioned class maximums.

The Florida Education Association is leading the opposition to this amendment with its “Vote NO on 8” campaign. The teachers union says it would result in crowded classrooms and less funding for public schools and the group is suing to try and have the amendment removed from the November ballot on the basis that it is confusing and misleading to voters.

Proponents: Sen. Don Gaetz; Rep. Will Weatherford (R-Wesley Chapel); Florida TaxWatch; many local school board and school superintendents; Associated Industries of Florida

Opponents: Florida Education Association; U.S. Senate candidate Kendrick Meek; Vote NO on 8 Committee, chaired by Sen. Alex Villalobos (R-Miami); Florida PTA; 50th No More; Fund Education Now

Financial Impact: Florida TaxWatch estimates that Amendment 8 would significantly reduce class size implementation costs and could save Florida taxpayers $350 million to $1 billion annually. School districts, which could face stiff penalties for non-compliance under the more stringent class-size amendments, also stand to gain.

Removed

Three amendment proposals — all sponsored by the Legislature — were removed from the November ballot by the Florida Supreme Court:

» Amendment 3 would have given a homestead break to first-time home buyers and limited how fast assessed values on non-homestead property
could increase.

» Amendment 7 would have allowed state lawmakers to take into account the 'ability of racial and language minorities to participate in the political process and elected candidates of their choice" and consider 'communities of common interest" when drawing congressional and legislative district boundaries. It could have effectively negated the redistricting standards laid out in Amendments 5 and 6.

» Amendment 9 would have prohibited the state from passing any laws that require a person to participate in a healthcare system. It was proposed by conservative lawmakers in response to the new federal healthcare reform law.