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Amendments on the 2014 Ballot
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What is a constitution?
• Similar to a rule book for government
– Outlines structure and function of government
– Limits the powers of government
– Lists some of our rights
– Reflects principles and values
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What should be in a state
constitution?
Organization of the
state government?
Powers of each branch
of government?
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What should be in a state
constitution?
Establishing English as the official state
language?
Class size requirements in public schools?
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What should be in a state
constitution?
Usage of medical marijuana?
Definition of marriage?
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What should be in a state
constitution?
Rights of the accused?
Water conservation?
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Federal v. State Constitutions
 Should there be different
expectations for what is
included in the U.S.
Constitution v. the State
constitutions?
 How should a federal
constitution differ from a state
constitution?
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Provisions of the Florida
Constitution
 Preamble
 Article VII: Finance
and Taxation
 Article I: Declaration
of Rights
 Article VIII: Local
Government
 Article II: General
Provisions
 Article IX: Education
 Article III: Legislature
 Article X:
Miscellaneous
 Article IV: Executive
 Article XI:
 Article V: Judiciary
Amendments
 Article VI: Suffrage
 Article XII: Schedule
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Constitutions v. Statutes
• What is the difference between a
constitution and a statute?
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Defining the Florida
Constitution
• The official Internet site for the Florida
Legislature defines the Florida Constitution
as an organized system of fundamental
principles for the government of the state.
It is of a permanent and general nature
and originates from the people rather than
from the Legislature.
http://www.leg.state.fl.us/Statutes/index.cfm?Tab=statutes&su
bmenu=-1&CFID=18253849&CFTOKEN=34919474
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How often should we
change a Constitution?
• Federal – 27 amendments ratified
– Over 10,000 amendments have been
proposed
– The U.S. Constitution has been amended
only 17 times since the first 10—which make
up the Bill of Rights—were ratified in 1791.
• State - Over 100 amendments since 1968
– Florida has more ways to amend the
constitution than any other state
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Levels of Law
U.S. Constitution
Article VI of the U.S. Constitution
The U.S. Constitution is the “Supreme Law of the Land.”
Local
State
State
Constitutions
State Statutes
Federal
Acts of Congress
Federal Laws
City and County
Ordinances
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AMENDING THE FLORIDA
CONSTITUTION
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Amendment Processes
• Florida has more ways to amend its
Constitution than any other state.
• 5 ways to amend the Florida Constitution
(Article XI):
1.
2.
3.
4.
5.
Proposal by Legislature
Revision Commission every 20 years (2017)
Initiative
Constitutional convention (never used)
Taxation and Budget Reform Commission every
20 years (2027)
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I. Florida Legislature may propose
amendments to the Constitution
 Article XI, Section 1 Florida Constitution
 The only way the Florida Legislature can propose an
amendment to the Florida Constitution is through a
Joint Resolution
 A joint resolution does not require executive approval and
cannot be vetoed by the Governor
 Need 3/5 votes of the membership of both houses for
the proposed amendment to pass.
 Goes directly on the ballot for voter
review unless challenged in the
courts.
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II. Initiative
• Also called Citizen Initiative or Ballot Initiative
• Article XI, Section 3 Florida Constitution
• Florida Constitution grants the people the power
to propose amendments to the Constitution
– Specific signature and petition format requirements
– Attorney General petitions the Supreme Court for
advisory opinion regarding the compliance of the text
of the proposed amendment with Article XI, Section 3
of the Florida Constitution and Section 101.161 F.S.
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Cost of the citizen
initiatives
• Can cost millions of dollars
– People are hired to secure petition signatures to get the proposed
initiative on the ballot.
– Funding to check validity of signatures.
– Campaign costs and other expenses.
Florida4Marriage.
org
Floridians for
Humane Farms
Floridians For
Youth Tobacco
Education, Inc.
Committee for
Fair Elections
Expenditures
$903,207.52
$1,592,686.55
$5,316,539.90
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$3,268,013.68
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For all types of
amendment proposals
• The voters ultimately vote to decide if the
proposal is added to the Florida
Constitution. Requires 60% of voters to
approve the proposal (Article XI, Section 5(e)
Florida Constitution).
• The courts may or may not have a role in
reviewing the initiative PRIOR to its
placement on the ballot.
• Once passed by the voters, it is
included in the Florida
Constitution.
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What amendments will you see on the 2014
ballot?
2014 AMENDMENT
PROPOSALS
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Water and Land Conservation
Dedicates funds to acquire and restore
Florida conservation and recreation lands
Summary
Funds the Land Acquisition Trust Fund to acquire,
restore, improve, and manage conservation lands
including wetlands and forests; fish and wildlife habitat;
lands protecting water resources and drinking water
sources, including the Everglades, and the water quality
of rivers, lakes, and streams; beaches and shores;
outdoor recreational lands; working farms and ranches;
and historic or geologic sites, by dedicating 33 percent
of net revenues from the existing excise tax on
documents for 20 years.
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Use of Marijuana for
Certain Medical Conditions
Summary
Allows the medical use of marijuana for individuals with
debilitating diseases as determined by a licensed Florida
physician. Allows caregivers to assist patients’ medical
use of marijuana. The Department of Health shall
register and regulate centers that produce and distribute
marijuana for medical purposes and shall issue
identification cards to patients and caregivers. Applies
only to Florida law. Does not authorize violations of
federal law or any non-medical use, possession or
production of marijuana.
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PROSPECTIVE APPOINTMENT OF
CERTAIN JUDICIAL VACANCIES
Summary
Proposing an amendment to the State Constitution
requiring the Governor to prospectively fill vacancies in a
judicial office to which election for retention applies
resulting from the justice’s or judge’s reaching the
mandatory retirement age or failure to qualify for a
retention election; and allowing prospective
appointments if a justice or judge is not retained at an
election. Currently, the Governor may not fill an expected
vacancy until the current justice’s or judge’s term expires.
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Analyzing Amendments
• You will receive:
– Proposed amendment and corresponding
documents;
– An analyzing amendment tool chart.
• Using the tool chart, evaluate the
amendment.
• As time permits, discuss the amendment as a
full group.
• Determine how you would vote on the
amendment.
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Does it belong in the
Florida Constitution?
• On the top of a sticky note, have
individuals write “yes” or “no” as to
whether the amendment should be
included in the Florida Constitution.
• The sticky notes will then be collected and
posted on chart paper at the front of the
room.
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Resources for Research
• Division of Elections website
– http://election.dos.state.fl.us/initiatives/
• The Florida Constitution
• Article: CITIZEN INITIATIVE IN FLORIDA:
AN ANALYSIS OF FLORIDA'S
CONSTITUTIONAL INITIATIVE
PROCESS, ISSUES, AND STATUTORY
INITIATIVE ALTERNATIVES
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Citations
 http://election.dos.state.fl.us/constitutional-amendments/initpeti-process.shtml
 http://en.wikipedia.org/wiki/Florida_Constitution
 http://www.law.fsu.edu/journals/lawreview/downloads/251/mart
in.pdf
 http://www.sagepub.com/lippmanstudy/state/fl/Ch01_Florida.p
df
 http://www.tampabay.com/news/business/corporate/floridalegislatures-proposed-constitutional-amendments-keepgetting/1112920
 http://www.law.fsu.edu/journals/lawreview/issues/232/jameson.
html#FNR138
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