STATEMENT OF 2008 POSITIONS REGARDING

PROPOSED AMENDMENTS TO THE FLORIDA CONSTITUTION

AMENDMENT #1: RELATING TO PROPERTY RIGHTS/INELIGIBLE ALIENS

This amendment is proposed by the legislature.  It would remove a provision in the Florida Constitution that allows laws prohibiting “aliens ineligible for citizenship” from owning, inheriting, disposing of and possessing real property.

The League of Women Voters of Florida supports this amendment. Florida and New Mexico are the only two states that still maintain these racially biased provisions in their constitutions.  Both have amendments on the November ballot to remove these provisions.

AMENDMENT #2: FLORIDA MARRIAGE PROTECTION AMENDMENT

This amendment makes invalid any legal union that is treated as equivalent to marriage other than heterosexual marriage.

The League of Women Voters of Florida opposes this amendment.  The LWVF board took a position in opposition to this amendment at its March 2008 meeting.  The League believes that no person or group should suffer legal, economic or administrative discrimination and that there should be secure equal rights and equal opportunity for all.

AMENDMENT #3: CHANGES AND IMPROVEMENTS AFFECTING THE ASSESSED VALUE OF RESIDENTIAL PROPERTY

This amendment would allow the state legislature to grant an exemption to residential real property taxes in the amount of the cost of increasing the property’s wind resistance and of installing renewable energy devices.

The League of Women Voters of Florida supports this amendment.  The League supports action by appropriate levels of government to encourage the use of renewable resources and energy conservation through financial incentives.

AMENDMENT #4: PROPERTY TAX EXEMPTION OF PERPETUALLY PRESERVED LAND: CLASSIFICATION AND ASSESSMENT OF LAND USED FOR CONSERVATION

This amendment would require the state legislature to exempt real property dedicated in perpetuity for conservation purposes from ad valorem taxation, and would require such property to be assessed on the basis of its “character and use” instead of its “highest and best use.”

The League of Women Voters of Florida opposes this amendment. The League supports management of land as a finite resource and land-use planning that reflects conservation and wise management of resources.  This amendment does not link land-use planning to conservation and would further limit the ability of local governments to obtain revenue from real estate (their primary source of revenue).

  Amendment #5 has been taken off the ballot per a judicial decision.

 AMENDMENT #5: ELIMINATING STATE REQUIRED SCHOOL PROPERTY TAX AND REPLACING WITH EQUIVALENT STATE REVENUES TO FUND EDUCATION

Amendment 5 is the so-called “Tax Swap” provision.  It would eliminate the requirement that public school districts contribute local property taxes in order to qualify for state K-12 educational funding and would require the state legislature to replace the lost revenue by either repealing sales tax exemptions, increasing the sales tax, reducing other parts of the state budget, or raising additional revenues though other means.  Amendment 5 would also reduce the maximum allowable millage rate for public school districts from 10 mills to 5 mills, and would reduce the maximum annual change in assessments for non-homestead properties from 10 percent to 5 percent.

The League of Women Voters of Florida opposes this amendment.  While the League has long supported the review of state sales tax exemptions, this amendment does not require the legislature to do so.  The League supports the use of ad valorem taxes as the main source of local revenue for education and believes that each local school district should have the authority to tax itself to supplement the state program.  The amount of millage levied should be set by the district taxpayers through their vote.

AMENDMENT #6: ASSESSMENT OF WORKING WATERFRONT PROPERTY BASED UPON CURRENT USE

Amendment 6 is known as the “Working Waterfronts” amendment.  It would require that real property tax assessments of certain waterfront properties be based on current use rather than “highest and best use.”

The League of Women Voters of Florida supports this amendment.  The League believes that government should promote the conservation and development of natural resources in the public interest.  This amendment promotes the continued public access to Florida waterfronts, and helps to stem the loss of waterfront-dependent businesses and jobs.

  Amendment #7 had been taken off the ballot per a judicial decision.

AMENDMENT #7: RELIGIOUS FREEDOM

Amendment 7 is one of two “school voucher” amendments proposed by the TBRC.  It would remove the existing provision in the Florida constitution prohibiting the appropriation of state moneys to aid religious organizations, and would add a provision stating that religion cannot be used as a reason to deny participation in a public program.

The League of Women Voters of Florida opposes this amendment.  Passage of Amendment 7 would result in allowing state funds to be used to support religious institutions and weaken the public school system.

AMENDMENT #8: LOCAL OPTION COMMUNITY COLLEGE FUNDING

Amendment 8 would authorize counties with community colleges to levy a local option sales tax to supplement the college’s funding if authorized by county voters.

The League of Women Voters has not taken a position on this amendment.

  Amendment #9 has been taken off the ballot per a judicial decision.

AMENDMENT #9: REQUIRING 65% OF SCHOOL FUNDING FOR CLASSROOM INSTRUCTION; STATE’S DUTY FOR CHILDREN’S EDUCATION

The other school voucher proposal, Amendment 9, would specifically override the decision by the Florida Supreme Court in Bush v. Holmes, 919 So. 2d 392 ( Fla. 2006).  In that recent case, the court held that the Opportunity Scholarship [school voucher] program violated the requirement of the state constitution’s education clause that free education must be provided through a uniform system of free public schools.  Amendment 9 would change the constitutional language to allow funding of schools other than those in the public school system.  Amendment 9 would also require that school districts expend 65% of their funding on classroom instruction.

The League of Women Voters of Florida opposes this amendment.  The League has long supported a state-financed, free public school system with high standards for student achievement and equality of educational opportunity for all and joined the Bush v. Holmes et al. lawsuit in 2006.