© St. Petersburg Times, published October 31, 2002
Floridians will be asked Tuesday to consider constitutional amendments on subjects ranging from class size to smoking and from pregnant pigs to prekindergarten.
Voters must make decisions on 10 amendments. Some have been controversial and received lots of attention, while others are more arcane or affect only one county.
Studying the amendments ahead of time and knowing how you plan to vote will cut down your time in the voting booth. Many elections supervisors already are worried about the long ballot and the length of time it will take some people to vote.
You can read about each amendment on these pages. You can use the chart on the next page to note how you plan to vote, and take it with you to the polls.
Although there are 10 amendments to vote on, they will be numbered 1 through 11. Confused? A court ordered that Amendment 5, which dealt with creating a legislative committee to review tax exemptions, be removed from the ballot. Elections officials decided that the amendments would simply skip from No. 4 to No. 6.
Changes to the state Constitution regarding the death penalty
The first thing most voters will notice about this amendment dealing with the death penalty is its length: a whopping 714 words. Fifteen elections supervisors filed a suit trying to get it off the ballot because it's so long and confusing, but they lost in court.
If the amendment looks familiar, that's because nearly 73 percent of voters approved it in 1998 under a different ballot title: "Preservation of the Death Penalty."
But a court challenge quickly followed, and in September 2000, the state Supreme Court voted to remove the amendment from the state Constitution. In a 4-3 ruling, the justices ruled that state lawmakers had written a misleading description of the amendment that didn't give voters the true picture of what the measure would do.
Now, the state Legislature wants voters to restore the amendment to the state Constitution. This time, it is called "Excessive Punishments" and has a new ballot summary.
Basically, the amendment puts the death penalty into the state Constitution and guarantees that legal problems with the method of execution will not overturn a killer's death sentence. It also narrows the constitutional protection against "cruel or unusual punishment" to match the U.S. Constitution's terminology of "cruel and unusual punishment."
Some observers think it also could allow Florida to execute 16-year-olds. Others interpret the law differently.
The whole thing stems from political wrangling in 1998, when Florida lawmakers were worried that the U.S. Supreme Court would overturn Florida's death penalty and rule that the electric chair was too cruel a method of execution. When the U.S. Supreme Court agreed to hear arguments on the matter, lawmakers quickly changed the state's execution method to lethal injection in 1999.
-- JULIE HAUSERMAN
Requiring economic impact statements to accompany measures to amend the state Constitution.
Voters won't see the costs of proposed constitutional amendments on Tuesday's ballot. But they will get to decide whether they want to see price tags on ballots in the future.
Amendment 2 asks voters to approve a change to the Florida Constitution that will force the state to start adding the economic impact next to amendments proposed by citizens that appear on ballots from this point forward.
If approved, the Legislature would be charged next spring with determining what method should be used to develop the price tag.
"It's not trying to tell the people what they should or shouldn't do," said Rep. Randy Johnson, a Celebration Republican who proposed adding the amendment to the ballot. "We've got to offer them information. When we make decisions in family budgets, we don't ignore how much things cost."
The Legislature voted in 2001 to add the amendment to the ballot next month.
Rep. Paula Dockery, a Lakeland Republican who was one of the few who voted against the proposal, said she opposed it because she worried that inaccurate price tags could be used, and that amendment supporters who disagree with estimates would have no recourse to dispute the number.
The idea of putting price tags on the ballot came under fire this year when the Legislature voted to add it to this year's ballot. The proposal was seen as a way for Gov. Jeb Bush to oppose a costly citizen initiative to reduce classes in Florida's public schools.
But last month, the Florida Supreme Court blocked the proposal. The justices said price tags could not be imposed by statute.
-- ANITA KUMAR
Authorizing amendments to the Miami-Dade County charter if approved by referendum
It may seem odd, but every voter in the state will be asked to make a political decision for Miami-Dade County in the November general election.
Miami-Dade is a charter county, in which voters essentially have a local constitution to guide government operations. It's an anomaly in Florida politics because its charter is part of the state Constitution.
Outgoing State Rep. Carlos A. Lacasa, R-Miami, is pushing the statewide amendment as a way to add more checks and balances to the Miami-Dade government, which has been plagued by scandals. Among other things, Lacasa wants a "strong mayor" government and term limits for county commissioners. The County Commission opposes the measure because commissioners see it as a power grab by the state.
-- JULIE HAUSERMAN
Requiring a two-thirds vote of the Legislature for exemptions to open government laws
A decade ago, Florida voters overwhelmingly approved open government and records for legislators.
This year, a proposed constitutional amendment would require a two-thirds vote by legislators before new exemptions to the state's public records law could be approved.
Amendment 4 was proposed by Rep. John Carassas, R-Belleair, because of the number of public records exemptions being filed in the Legislature each year.
"Florida's long history of open public records is unique in America, allowing our citizens to see what their elected officials and state employees are doing on their behalf," Carassas said. "Every year, the Legislature approves exemptions . . . chipping away at our open form of government."
Carassas said he thinks some exemptions are necessary, but they should be limited and carefully considered by lawmakers before being adopted.
Sen. Jack Latvala, R-Palm Harbor, sponsored the amendment in the Senate and helped push it through the Legislature.
The Florida Constitution guarantees public access to inspect or copy any public record made in connection with the official business of any public agency or employee. Only the Legislature can create exemptions to the law.
"I think it is critically important," said Barbara Petersen, executive director of the First Amendment Foundation.
Two exemptions approved by legislators earlier this year would not have passed if a two-thirds vote had been required. One exempts the records of corporations seeking tax refunds and another allows the state Department of Insurance to withhold access to "work papers."
-- LUCY MORGAN
This amendment would have established a review panel to consider sales tax exemptions and make recommendations to the Legislature before any exemption could be removed. An appeals court removed it from consideration, and it will not appear on your ballot.
Prohibiting smoking in enclosed indoor workplaces
Restaurant smoking sections will be outlawed if Florida voters approve Amendment 6 in the November general election.
That prohibition promises to be the major impact of the proposed constitutional amendment, which would outlaw most indoor workplace smoking.
Ralph DeVitto, chief operating officer for the Florida branch of the American Cancer Society, said secondhand smoke is a significant public health issue, so he is convinced that voters will approve the measure.
"This is a historic opportunity for Florida to speak," DeVitto said. "We are a big southern state, and we're going to send a signal that's going to echo across the country."
The American Cancer Society joined forces with the American Lung Association of Florida and the Florida/Puerto Rico affiliate of the American Heart Association to collect the signatures necessary to get the amendment question on the ballot. The joint committee, Smoke Free for Health, had raised $5.5-million by mid September.
Their efforts are backed by a wide-ranging coalition of more than 120 other groups, including the AARP of Florida, the Florida Medical Association and the Florida State Conference of NAACP Branches.
Opponents include the Florida Restaurant Association and tobacco company Philip Morris.
Lea Crusberg, communications director for the restaurant association, said her group does not think that the workplace smoking ban is something that should be handled through a constitutional amendment. It should be taken up with the state Legislature, she said, which has declined to enact the sorts of restrictions being sought by Smoke Free for Health.
If the measure prevails, it would outlaw smoking sections in restaurants and preclude smoking in attached bars. Stand-alone bars that serve virtually no food and are not connected to restaurants would not be affected.
Smoker Keith Loper dreads what he sees as the inevitable approval of the measure. Loper, a kitchen manager at El Cap restaurant in St. Petersburg, said he enjoys going to restaurants with smoking sections so he can light up after dinner.
"I'd rather be able to sit and enjoy an after-dinner cigarette rather than have to go outside and feel like an outcast or a criminal," he said.
-- ALICIA CALDWELL
Property tax break for those who renovate their homes to take in the elderly.
Florida has about 80,000 residents living in nursing homes -- most of them on Medicaid. If they could stay home instead, many might be happier and taxpayers could benefit.
This amendment creates a new county-option tax exemption designed to keep people at home.
Under the amendment, people who renovate their homes to take care of elderly parents or grandparents would not have to pay property taxes on their homes' increased value caused by the renovations.
The elderly relative would have to be at least 62 years old. The tax break could not exceed 20 percent of the total home value after the renovations. Once the elderly relative dies or moves out, the full value of the renovations would go back on the tax rolls.
If the amendment passes, the exemption would go into effect only after individual county commissions approved it in a separate vote. The savings would apply only to homestead property and only to renovations begun after the exemption takes effect. Property owners would have to reapply for the exemption each year and fraud would be punishable by a fine, plus repayment of lost taxes.
The exemption would reduce all ad valorem taxes, including county, school board, city and special taxing districts.
If all Florida counties implemented the exemption, local governments would lose a total of $4.5-million a year in property tax revenue, legislative aides estimated. But legislators, who passed this "granny flat" proposal unanimously, figure that state government would more than recoup that loss by reducing Florida's nursing home bill.
-- STEVE NOHLGREN
Requiring the state to provide prekindergarten for 4-year-olds by 2005.
If Amendment 8 passes, Florida will become the second state in the nation to offer prekindergarten to all 4-year-olds.
Perhaps the most striking thing about the amendment is the widespread support it enjoys.
The amendment has the backing of both business leaders and educators. It might be one of the few issues on which the two candidates for governor agree. And recent polls show that 66 percent of voters are ready to vote yes on Amendment 8.
There appears to be no organized opposition against the amendment.
"I'm not surprised; this is not a partisan issue," said Miami-Dade Mayor Alex Penelas, spokesman for the initiative. "Four-year-olds are not Democrats or Republicans or independents."
The amendment would require that the state offer "a high-quality prekindergarten learning opportunity" to all 4-year-olds by 2005. The program would be strictly voluntary. The amendment also would require the state to pay for it without taking money from other areas.
It is unclear exactly what "high quality" means, whether it would require accreditation, certain facilities or staffing ratios.
Also, it is unclear how the state would pay for the initiative. But given the mountain of research that points to the wisdom of getting children off to a good start academically and developmentally, supporters seem to think the initiative is worth the cost.
"We're talking quality preschool, not some warehousing of children," Penelas said. "We can't do this on the cheap. "There is a cost -- we know that -- and I think it's worth it."
There is some disagreement over the cost. Early estimates had it at less than $300-million. The state came up with an official estimate of between $425-million and $650-million. Amendment backers say they estimate it will be in the $300-million to $350-million range.
Months ago, lawmakers and Gov. Jeb Bush sought to put the state's official price tag on the ballot to warn people of the amendment's cost. Although the strategy would have affected the prekindergarten amendment, it was aimed largely at the more costly class size reduction amendment. The courts ruled that the price tags may not appear on the ballot.
Georgia is the only other state that provides prekindergarten to all 4-year-olds. About 70 percent of the state's eligible children participate.
-- STEPHEN HEGARTY
Reducing the class size in public schools
Other than the governor's race, few issues on Tuesday's ballot have drawn as much attention as the class size reduction initiative. And for good reason.
If passed, the amendment would either decimate the budget or revitalize classroom instruction, depending on who is talking. Critics and proponents disagree on even the basics -- whether smaller classes would help, how much the initiative would cost, and whether lawmakers could be trusted to reduce class size themselves.
One thing is certain: If Amendment 9 passes, it will be the biggest class size reduction initiative in the nation.
The amendment would require no more than 18 students in prekindergarten through third grade classes. From fourth through eighth grade, the cap would be 22 students, and 25 students in high school classes.
The smaller classes would be phased in over eight years. So by the year 2010, Florida could shake its status as one of the states with the largest class sizes in the nation. Last year, national rankings showed Florida with the seventh largest teacher-pupil ratio in the nation.
The amendment language also states that it would be up to the state to pay for the reduced classes, not local school districts. Still, it is unclear exactly how the state would pay for smaller classes.
The potential cost is the issue generating the most opposition.
"The class size amendment is massive in its scope; it will block out the sun," Gov. Jeb Bush said recently.
The governor and several education leaders have been speaking out against the initiative, taking issue with the price tag. State economists have estimated the cost to be roughly $27.5-billion over the eight-year phase-in period, but other cost estimates have been as low as $8-billion or $12-billion. That would include the costs of hiring and continuing to pay more teachers, and the cost of building more classrooms.
Proponents, led by Sen. Kendrick Meek, see the cost estimates as inflated attempts at scaring voters.
"The public is smart enough to see through it when they hear that the sky is going to fall if we reduce class size in our schools," Meek said. "We'll invite parents to visit classrooms to see for themselves. They know there is a need."
The amendment grew out of frustration -- on the part of Meek and others -- at lawmakers' inaction on reducing class size.
The governor and other opponents say they, too, would like to reduce class size, but they say putting the class-size caps in the Florida Constitution is the wrong way to go.
For years, Bush contended that reducing class size was not the best way to improve classroom performance. But last month, the governor proposed a plan for building 12,000 more classrooms, a $2.8-billion initiative he says will help reduce class sizes.
-- STEPHEN HEGARTY
Banning the practice of confining pregnant pigs
On some large hog farms, pregnant pigs are placed in gestation crates -- pens so small the sows cannot turn around. That's cruel to the pigs, says a group called Floridians for Humane Farms.
So the group, supported by individual donors, the Humane Society of the United States and other organizations, wants a constitutional amendment to ban the practice.
"Thousands of pigs may be crowded on factory farms -- creating misery for the pigs while putrefying the air, contaminating groundwater and threatening human health," the organization says on a Web site.
But others call the amendment unneeded and based on a false premise.
Only two Florida hog farms with a total of about 600 sows use gestation crates, said Frankie Hall, assistant director of agricultural policy for the Florida Farm Bureau.
Besides, the crates don't hurt pigs, he said. Farmers need their sows to produce large litters of healthy pigs, so "the one thing that they're not going to do is mistreat their animals, because that would mean that they're losing money," Hall said.
The American Veterinary Medical Association has endorsed the use of gestation crates, Hall said.
-- CURTIS KRUEGER
Changing how Florida's university system is managed
Florida's higher education system recently went through a massive overhaul, but some want to see it revamped once again.
The question is: Who should oversee Florida's 11 public universities?
Amendment 11 asks voters to create a new two-tier governing system modeled after the one in North Carolina. It would include a statewide board, called the Board of Governors, but retain separate boards of trustees for individual universities.
U.S. Sen. Bob Graham is spearheading the citizen-driven proposal because he said the new system created a year ago under Gov. Jeb Bush has led to greater political fighting among universities and a costly duplication of programs.
"That's not the way we need to make decisions about state universities," said Graham, who heads the group, Education Excellence for Florida. "We need to get politics out of the universities."
The new proposal would create a 17-member Board of Governors that would be responsible for the entire university system. That includes creating new programs, such as new law and medical schools, and allocating money to each of the universities -- a job now done by the state Legislature.
Members would include 14 citizens appointed by the governor, along with the commissioner of education and leaders of the statewide faculty senate and student association organizations.
The Board of Governors would assign duties to 13-member boards of trustees composed of six members appointed by the governor, five members appointed by the board and the leaders of the school's faculty senate and student body.
Bush and the Republican-led Legislature last year abolished the group that oversaw the universities, the Board of Regents, which had been in place for 36 years. Oversight was given to the new Florida Board of Education, which now has responsibility for all education -- from kindergarten to postgraduate studies.
Graham, a former governor and the state's senior elected Democrat, was critical of that change and said the state is fostering a poor education system that threatens Florida's economic future.
"So much of the future of our state depends on this constitutional amendment," he said.
Bush, along with the Board of Education, Education Secretary Jim Horne and the university presidents, opposes the amendment.
"We've been in existence for one year," said Carolyn Roberts, a Florida Board of Education member who heads the group opposing the proposal, Floridians for Education Reform. "We don't know if this is the answer. Neither do they."
-- ANITA KUMAR