The Constitution Revision Commission, which meets every 20 years, is reviewing and will soon recommend proposed changes to Florida’s Constitution. These proposals will appear on the 2018 General Election ballot. The Florida Chamber of Commerce is reviewing each of the 103 commissioner proposals to let Floridians know the impacts on our state. The Florida Chamber opposes the the following proposals that are bad for business.
PROPOSAL 6010 (Formerly Proposal 29)
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ADOPTED: Commissioner Newsome Late Filed Amendment was Adopted on March 20, 2018 on the Second Reading Calendar
The Florida Chamber has consistently opposed state proposals that undermine the federal government’s duty to enforce immigration laws as well as those that could harm either Florida’s economy or reputation in the international community. Although well intentioned, the Florida Chamber believes that Proposal 29 places undue burdens on employers, relies on a historically inaccurate program, and improperly encroaches on the role of the federal government.
Click on the Links Below to Download Proposal 29 Resources
General Provisions, Natural Resources and Scenic Beauty
Proposal 23 creates a series of new and ambiguous rights, and creates a new cause of action for any person to sue any party, public or private, for violating these new undefined rights. It would contribute to Florida’s negative reputation as a “judicial hellhole” and further plummet the state’s bottom-five legal climate ranking. The Florida Chamber opposes Proposal 23, has communicated this opposition to the Constitution Revision Commission in a letter, and further supported its opposition in a staff analysis and a presentation to the CRC Judicial Committee.
Click on the Links Below to Download Proposal 23 Resources
- Florida Chamber Letter of Opposition
- Florida Chamber Staff Analysis
- Florida Justice Reform Institute White Paper
The Florida Chamber has consistently opposed constitutional proposals that could be accomplished through the legislative process. The intricacy of our state’s electric utility regulations require a thorough, open, and exhaustive process before significant, systemic changes are considered. Even then, any such proposal should be left to the legislative branch. Proposal 51 throws considerable constitutional uncertainty into a utility that each and every Floridian depends upon.
Click on the Links Below to Download Proposal 51 Resources
Limiting the Powers of Local Government
Proposal 61 seeks to limit the existing authority of the legislature to preempt local governments and creates a new set of criteria for preemption legislation. Local governments largely have “home rule” authority to carry out the functions of government, “except as otherwise provided by law.” The Florida Legislature has served as a check on local government’s power, preempting local regulations that conflict with the state’s interest. The proposal makes it harder for the legislature to preempt burdensome local government regulations.
The Florida Chamber has previously supported measures that would preempt local actions and set a statewide standard in order to avoid the furtherance of a patchwork regulatory environment. Therefore, the Florida Chamber opposes Proposal 61.
Click on the Links Below to Download Proposal 61 Resources
Finance and Taxation, creates. s. 19
Proposal 63 requires new and expanded tax exemptions in the constitution to be revisited 8 years after the exemption’s initial enactment on the general election ballot and be extended by a vote of the electorate. This proposal only applies to new tax exemptions or expansions of existing tax exemptions that take effect on or after January 8, 2019. If the voters fail to retain the tax exemption, the exemption is repealed on the January 1 following the election and the text of the constitution reverts back to the text in existence before the tax amendment. The proposal creates uncertainty surrounding Florida’s constitutionally granted tax exemptions.
While this proposal is well intended, the Florida Chamber of Commerce believes that taxpayers should have certainty and this places additional burdens on voters and taxpayers. Therefore, the Florida Chamber opposes Proposal 63.
Click on the Links Below to Download Proposal 63 Resources
Capping Private Salaries
Proposal 100 eliminates all ad valorem tax exemptions for corporations or nonprofits that pay any employee more than $300,000 a year. Annually, this salary limitation will be adjusted by inflation and published by the Florida Department of Revenue. The proposal excludes only medical professionals licensed by the state from the term “employee.”
The Florida Chamber believes in competitive and equitable tax policies, and that government should limit its intrusion into decisions surrounding the employer-employee contractual relationship. Additionally, the Florida Chamber believes in free enterprise and that competition is sufficient in determining factors such as compensation. Therefore, the Florida Chamber opposes Proposal 100.