The unique process of Florida’s Constitutional Revision Commission (CRC) continues. The CRC members began their work last year and formally convened a “CRC Session” in the Florida Senate Chamber on March 19th. During that week, the 37 Commissioners presented, debated, and amended numerous proposals which were brought before the CRC either via an individual Commissioner or from public input. Following that week, only 25 proposals remain viable and were then sent to the CRC Style and Drafting Committee.
The Style and Drafting Committee is tasked with clarifying, codifying, and arranging the proposals adopted by the Commission; including the potential grouping of proposals; and drafting the ballot summaries. The Committee met following the full CRC Session and discussed preliminary steps for their work, which will lead to the remaining proposals, and organizational groupings of proposals, being sent back to the full Commission for formal votes during the final floor session of the 2018 CRC.
The Style and Drafting Committee is scheduled to next meet beginning tomorrow, April 3, 2018, and will discuss each of the remaining proposal (Agenda here). In order for a proposal to be placed on the 2018 General Election Ballet, the proposal will require 22 votes from the full 37-member Commission. This work must be done and filed with the Secretary of State by May 10, 2018.
Remaining Proposals
The remaining 25 proposals run the gamut – from a repeal of the Alien Land Law included in Section 2, Article 1 of the Florida Constitution to repealing the Certificate of Need process for certain health care institutions. Below you will find a quick summary of the remaining proposals, grouped by subject, that propose to include or remove language from the Florida Constitution.
Issues Related to Ethics, Florida Legislature, and Elected Officials:
Proposal 11 – This proposal, filed by Commissioner Sherry Plymale, will create an open primary system for Florida elections, thus allowing all qualified electors to vote if there is no opposition or only a write-in candidate following the primary election.
Proposal 13 – This proposal, filed by Commissioner Carolyn Timmann, revises Sections 1 and 6 of Article 8, Florida Constitution to mandate that all constitutionally prescribed county officers (Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections, and Clerk of Circuit Court) be elected by the electors of that county.
Proposal 37 – This proposal, filed by Commissioner John Stemberger, would prohibits state and local governments from naming government buildings, facilities, land or a government administered program after an elected state or local official, until after that official has vacated office.
Proposal 39 – This proposal, filed by Commissioner Don Gaetz, would prohibit government officials from lobbying in front of state or local governmental entities for 6 years following their elected service. This would also place additional ethics standards in the Florida Constitution relating to any representation, except for the practice of law before a judicial tribunal.
Proposal 43 – This proposal, filed by Commissioner Erika Donalds, would place term limits on elected school board members and prohibit serving more than 8 years, similar to the term limits placed on Florida Senators.
Proposal 103 – This proposal, filed by Commissioner Jeanette Nuñez, would amend Section 3 of Article III of the State Constitution to provide that the Legislature convene for regular session on the second Tuesday after the first Monday in January of each even-numbered year, moving to what the Florida Legislature has been statutorily doing for the last 4 terms.
Issues Related to Florida’s K-12 and Higher Education System:
Proposal 10 – This proposal, filed by Commissioner Don Gaetz, creates a new Section, Article IX, in the Florida Constitution, which requires the Legislature to provide for the promotion of civic literacy in public education.
Proposal 43 – This proposal, filed by Commissioner Erika Donalds, would place term limits on elected school board members and prohibit serving more than 8 years, similar to the term limits placed on Florida Senators.
Proposal 44 – This proposal, filed by Commissioner Nicole Washington, amends Article IX, section 7 of the Florida Constitution to add a new subsection requiring any change in fees for a state university to be approved by an affirmative vote of at least nine members of the university board of trustees and an affirmative vote of at least twelve members of the Board of Governors before the change could become effective.
Proposal 71 – This proposal, filed by Commissioner Erika Donalds, amends Article IX, section 4(b) to provide that nothing in the constitution may be construed to limit the legislature from creating alternative processes to authorize the establishment of public schools within the state by general law.
Proposal 83 – This proposal, filed by Commissioner Nicole Washington, creates a new section 8 of article IX to specify the purposes of the State College System and provide for the governance structure.
Proposal 93 – The proposal, filed by Commissioner Roberto Martinez, amends Section 4, Article IX of the Florida Constitution to authorize high-performing school districts to become charter districts.
Issues Related to Health and Environment:
Proposal 9 – This proposal, filed by Commissioner Carolyn Timmann, would require, rather than authorize, the Florida Department of Veterans Affairs and specify that the head of the department is the Governor and Cabinet.
Proposal 54 – This proposal, filed by Commissioner Frank Kruppenbacher, eliminates the limitations on the number of facilities that may be opened through the granting of certificates of need.
Proposal 65 – This proposal, filed by Commissioner Lisa Carlton, establishes a general prohibition on the use of vapor-generating electronic devices in enclosed indoor workplaces.
Proposal 67 – This proposal, filed by Commissioner Tom Lee, would prohibit the racing of and wagering on greyhounds and other dogs.
Proposal 91 – This proposal, filed by Commissioner Jacqui Thurlow-Lippisch, would place a prohibition on drilling for oil or natural gas in offshore waters. This proposal is co-sponsored by 20 of the 37-member Commission.
Issues Related to the Judiciary and Criminal and Civil Justice Systems:
Proposal 6 – This proposal, filed by Commissioner Roberto Martinez, requires any state court or administrative law judge to interpret a state statute or rule de novo (anew, without reference to any previous legal conclusion), independent of an agency’s interpretation, in any litigation proceedings between a private party and an administrative agency.
Proposal 20 – This proposal, filed by Commissioner Darryl Rouson, amends section 9 of Article X to provide that the repeal of a criminal statute shall not affect the prosecution of any crime committed before such repeal.
Proposal 41 – This proposal, filed by Commissioner William “Bill” Schifino, Jr., amends Section 8 of Article V of the State Constitution to increase the mandatory judicial retirement age to seventy-five, without the possibility of completing a term
Proposal 96 – This proposal, filed by Commissioner Timothy Cerio, more commonly known as Marsy’s Law, expands the constitutional rights of crime victims in the criminal justice and juvenile justice systems, and the categories of persons entitled to such rights.
Miscellaneous Issues:
Proposal 3 – This proposal, filed by Commissioner Roberto Martinez, repeals the Florida Alien Land Law found in Article 1, Section 2 of the Florida Constitution. A similar proposal was put before voters in the 2008 General Election and received 47.9% of the vote for approval.
Proposal 12 – This proposal, filed by Commissioner Carolyn Timmann, deletes section 19 of Article X of the Florida Constitution, regarding the development of a high speed ground transportation system. The section was repealed in 2004 and is no longer in effect.
Proposal 26 – The proposal, filed by Commissioner Belinda Keiser, creates the Office of Domestic Security and Counter-Terrorism (Office) within the Department of Law Enforcement. The Office is required to provide support for prosecutors and federal, state, and local law enforcement agencies that investigate or analyze information relating to attempted acts of terrorism or terrorism, or agencies that prosecute terrorism
Proposal 29 – This proposal, filed by Commissioner Rich Newsome, creates a new section in Article X of the State Constitution that establishes requirements for all employers who hold, or have applied for, any type of license to operate a business in the State of Florida to verify the employment eligibility of new employees using the E-Verify system, beginning on July 1, 2020.
Proposal 49 – This proposal, filed by Commissioner Emery Gainey, creates a new Section within Article X of the Florida Constitution to create additional survivor benefits for family members and specified beneficiaries of firefighters, law enforcement officers, correctional officers, correctional probation officers, and Florida National Guard Members whom are killed in the line of duty.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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