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A New Perspective: Amendment: when in doubt, vote it down


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You should have received your sample ballot in the mail, this past weekend. Comments were heard such as, “What were all of those amendments about?” or “I was more confused after reading them.”

As a general rule, constitutional amendments are a terrible method to get legislation passed. A constitutional amendment is added into our Constitution, rather than passed as a law. The Constitution should represent nuts and bolts type matters, not trivial items.

Amendments are designed as a method for citizens to get something done, when legislators won’t do their job, or if the majority of the population feels strongly enough about an amendment to add it to the constitution.

Florida has a bad history of voting in amendments that have come back to haunt us as a State. The best rule is -- if you don’t know the answer, don’t vote it in. It has proven to be a method used by special interests when legislators won’t pass their initiatives.

Some past amendments include the Bullet Rail system, special treatment of pregnant pigs, classroom size amendments and the list goes on. We have suffered because of these and we shouldn’t have to suffer.

There are six amendments that made it through to this year’s ballot. I’ll try to share a little background on each of them, and identify their main proponents and opponents. That information generally can guide you as to an agenda that might not be apparent at first glance.

• Amendment 1 is the Repeal of Alien Land Law. In 1926, Florida voters amended the state Constitution to ban Asian immigrants from owning or inheriting property. A dozen or so states added similar items to their constitutions between 1862 and 1965. It was intended to stop Japanese farmers from leasing or owning property. Florida, New Mexico, and Wyoming still have the law in affect -- none enforce it Proponents include 83 state representatives and 39 state senators, as well as the Organization of Chinese Americans, other minority rights groups as well as Florida Tax Watch. Thirty-one members of the Florida House of Representatives opposed striking down the law in May of 2007.

• Amendment 2 is the Gay Marriage Ban. Florida Law prohibits same-sex marriage and defines marriage as the legal union between one man and one woman. Backers want it in the state Constitution to protect against a legal challenge. Proponents include the Florida Baptist Convention, Florida Catholic Conference, Florida Christian Coalition, Liberty Counsel, Florida Family Action and Exodus International, Yes2Marriage.org. Opponents include the Human Rights Campaign, Florida Red and Blue Committee, and Florida AFL-CIO.

• Amendment 3 is the Hurricane and Energy Tax Break. The Florida Constitution requires that all property be taxed at fair market value for ad valorem taxation. This would give breaks for storm hardening improvements and renewable energy sources like solar water heaters. State Senator Gwen Margolis (D) was term limited and was the backer of this amendment. She is now running for property appraiser of Miami-Dade County.

• Amendment 4 is the Conservation Land Tax Break This would give tax breaks for land set aside for conservation by private property owners. Proponents include Florida Fish and Wildlife Conservation Commission, the Nature Conservancy, the Florida Wildlife Federation, Audubon of Florida, Trust for Public Lands and other environmental groups, the Florida Chamber of Commerce, and Florida Tax Watch. There are no organized opponents.

• Amendment 6 is the Working Waterfront Tax Break. Property values have escalated tremendously over the past 10 years, and waterfront land must be taxed at its highest and best use, rather than what it is being used for. This has caused tremendous tax pressure for marinas, fish houses and boatyards, that don’t generate the revenues to support the increased taxes. The intent is to keep these businesses in business by taxing them for their working use, versus the highest and best use. Proponents include Marine Industries Association of Florida, marina owners, fish house owners, boatyard owners, Florida Chamber of Commerce and Florida Tax Watch. There are no organized opponents.

• Amendment 8 is the New Sales Tax for Community College Districts. This would allow voters to impose a local option sales tax to supplement community college funding. Proponents include Florida Education Association, Associated Industries of Florida, Greater Miami Chamber of Commerce, United Faculty of Florida, Florida Tax Watch.

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