Amendments

In addition to 35 constitutional measures that are still collecting signatures, including measures on renewable energy, prohibition of oil drilling, medical marijuana and even one attempting to recall the Governor, the legislature passed several measures during the 2011 Legislative Session that will head to the ballot in 2012 as constitutional amendments.

Here is an overview of the seven constitutional amendments passed during this year’s session that will appear on the November 2012 ballot for Florida’s voters:

Capping State Revenue (CS/SJR 958)

Proposes an amendment to replace the existing state revenue limitation with a new limitation based on inflation and population change. This would require any revenue collected above the state cap to first be deposited in the Budget Stabilization Fund, then used for public education, then to be given to the taxpayers if there is enough excess. It would authorize the legislature to increase the revenue limitation for a fiscal year by a supermajority vote or a 3/5 vote by the Florida electorate.

Property Taxes (CS/HJR 381)

Proposes an amendment to prohibit increases in assessed value of homestead and specified non-homestead property if the property’s value decreases. This would reduce limitations on annual assessment increases for non-homestead property, provide additional homestead exemption for owners who have not owned the property for a specific time and remove future repeal of provisions limiting annual assessment increases for specified non-homestead property.

Veterans Property Taxes (CS/SJR 592)

Proposes an amendment to expand the property tax discount to an increased number of veterans who became disabled as a result of combat injury. This would provide property tax discount benefits to veterans who were not Florida residents when they entered the military and those who were Floridians when they began their service.

Homestead Property Tax (HJR 93/HB 95)

Proposes amendment to State Constitution to allow Legislature by general law to provide ad valorem homestead property tax relief to surviving spouse of military veteran who died from service-connected causes while on active duty or surviving spouse of first responder who died in line of duty, provide definitions with respect thereto, & provide effective date. Effective Date: Not Specified

Health Insurance Mandates (CS/SJR 2)

Proposes a constitutional amendment to prohibit laws from compelling any Floridian/employer to purchase, obtain or provide health care coverage. This would allow a person/employer to purchase services directly from a health care provider and allow a health care provider to accept direct payment for services if a patient chooses to pay out of pocket.

Confirming Justices (CS/HJR 7111)

Proposes an amendment to address reforms to Florida’s court system structure and functions. This would revise provisions relating to the repeal of court rules, limit re-adoption of repealed court rules, allow Senate confirmation of Supreme Court justices, require the Judicial Qualifications Commission (JQC) to make all files available to the House Speaker and keep records provided confidential until impeachment is initiated.

Abortion (CS/HJR 1179)

Proposes an amendment to prohibit public dollars from funding abortions. This would prohibit the State Constitution from being interpreted to create broader rights than those contained in the U.S. Constitution. Exempts federal law requirements, physician-certified physical danger to the mother and instances of rape or incest.

Religious Funding (CS/HJR 1471)

Proposes an amendment to remove a prohibition on revenues from public treasury being used to aid any church, sect or religious denomination in aid of a sectarian institution. This would insure that no individual/entity can be denied any government benefit, funding or support based on religious identity or belief.

Needless to say, 2012 is going to be very challenging and exciting as we look toward the election season. The business community must stay focused on free enterprise and job creation and be willing to engage the opposition at every level.