The fate of several proposed constitutional amendments lies with the Florida Supreme Court after six of nine proposals set for the November ballot wound up facing legal challenges.
Property taxes, health care, legislative redistricting and class size requirements have all become the subject of challenges in the past two months. And it seems likely that the Supreme Court will be tasked with resolving them all before the November election.
Two amendments, one to repeal the campaign finance law providing public funding to state candidates and another that provides an extra property tax exemption to active duty military members who served outside of the United States, have not faced opposition.
A third proposal, Amendment 4, has been the target of complaints filed with the Florida Elections Commission. But the growth management initiative remains on the ballot after surviving a series of legal challenges over the past several years.
The remaining proposals, however, now find themselves before the states highest court.
- Amendment 3 would allow buyers who have not owned a home for eight years the chance to gather an additional homestead exemption on property purchased in Florida after Jan. 1, 2010. The Florida AFL-CIO and a Jacksonville homeowner challenged the amendment, which Tallahassee Circuit Judge John Cooper ordered off the ballot. Cooper ruled the proposed amendment's ballot title and summary do not mention the effective date, which could lead voters to incorrectly assume they were eligible for additional homestead exemption benefits, which are limited to buyers of homes purchased after Jan. 1, 2010. The court is slated to hear arguments on the issue Aug. 18.
- Amendments 5, 6 and 7 all deal with drawing of Florida's legislative and congressional districts. Amendments 5 and 6 are the products of FairDistricts.org, a grass-roots organization that was attempting to remove politics from the process by spelling out boundary drawing rules, including prohibitions against favoring incumbents or political parties when drawing districts. Amendment 7 is the Legislature's counterproposal toFairDistricts.org. The legislative proposal would create certain requirements for how to draw the lines, even if those requirements conflict with the FairDistrict amendments. Leon County Circuit Judge James Shelfer tossed the amendment. Saying he couldn't understand it, Shelfer ruled he could not expect voters to, either. The Supreme Court will hear arguments on Amendment 7 and has ordered a stay on Amendments 5 and 6, pending their review.
- Amendment 8 would revise the restrictions on class sizes in Florida schools put into the Florida Constitution in 2002. Currently, individual classrooms are capped at certain levels. School administrators say the requirement is too stringent and could cause problems if a student moves into a school mid-year and classrooms are at maximum capacity. The Florida Education Association has filed suit alleging the proposal is misleading by failing to inform voters that it relaxes restrictions placed on class sizes by voters in 2002. FEA lawyer Ron Meyer said lawyers have a status conference set for Thursday that will likely yield a hearing date.
- Amendment 9, proposed by the Florida Legislature, would try to exempt Floridians from the health care overhaul pushed for by President Barack Obama. Shelfer struck the proposal from the ballot July 29, calling it manifestly misleading to voters. The Florida attorney general has filed an appeal with the Florida Supreme Court, but a date for oral arguments has not yet been set. Sen. Carey Baker, R-Eustis, who sponsored the amendment in the Senate, released a statement Tuesday saying Floridians should have the right to vote on health care choices. The Supreme Court should do everything in its power to ensure that the people of Florida have the opportunity to vote on Amendment 9, instead of robbing them of their right to vote like the lower courts did, he said.
