Posted on 29 October 2012.
A close friend asked me to post my thoughts on the proposed Amendments to the Florida Constitution.
The Republican Party of Florida has issued a statement that says that the Party supports all of the proposed Amendments to the Florida Constitution, but is neutral on Amendment 5.
Because several friends and colleagues have asked me how I intend to vote here are my thoughts. They are in no way intended to represent any official position of the Republican Party, just an overview of my thoughts in general. In actuality, I think there are entirely too many proposed constitutional amendments put on the ballot over the years. This year voters have to mull through a 4 page ballot and one doubts whether anyone really reads all of the language in the ballot summary.
Amendment # 1 Health Care Services – YES
This amendment is in reaction to the mandates contained in the Affordable Care Act (ACA) or Obamacare as it’s called. This provision is an attempt to prohibit the Federal government from mandating that one buy health insurance. I don’t know if it’s constitutional under the Supremacy Clause of the U.S. Constitution, but let’s see.
Amendment # 2 Extra Homestead for Combat Veterans with Disabilities – YES
I generally don’t favor granting a bunch of exemptions because pretty soon then everyone will want an exemption, but our country does not do enough for combat veterans. Politicians play word games and say they support helping veterans but these promises are usually not kept after election day. Providing an extra tax discount to this courageous group who defend us is the right thing to do.
Amendment # 3 State Government Revenue Limitation – NO
This will have my Tea Party friends all worked up, but if you have lived in Tallahassee as long as I have, you know any measure to “limit” revenue will just result in the politicians finding another what to get those tax dollars. This is a complex amendment, which means it’s susceptible to the law of unintended consequences. Rather than create a “sounds good” limitation on government revenue with no guarantee that government will abide by the limitation, the Florida Legislature should continue to balance the state budget and live within it’s means. That’s what we send them to Tallahassee to do anyway.
Amendment # 4 Property Tax Limitation – NO
Here’s another one that some of my friends, particularly realtors, will not like my position on. My law partner, Ben Phipps, who specializes in ad valorem taxation, recently wrote an op-ed piece for the Tallahassee Democrat in which he stated that Amendment # 4 should receive a NO vote because it is bad public policy. An additional homestead exemption for first time home buyers may seem nice, but this Amendment would shift the tax burden to those of us who already own homes. Same principle as above, giving breaks to some, will result in others getting the tax burden laid on them.
Amendment # 5 State Court Restructuring – NO
Let’s not mess with the Court system. Currently, the Governor appoints from a list submitted by the Judicial Nominating Council. This Amendment would require, among other things, that appointments made by the Governor to the State Supreme Court to be subject to Senate Confirmation. This would politicize the judiciary in my opinion.
Amendment # 6 Prohibition on Public Funding of Abortion – YES
I’m Pro-Life so this is my position anyway. Also it contains a limitation on state court judges’ ability to broaden abortion rights.
Amendment #8 Religious Freedom – YES
I have some trouble with the idea of religious organizations getting government funding. They do that in Red China too and it doesn’t work out well. On one side is the Florida Catholic Conference and I understand their arguments. Today, I learned that the Americans for Civil Liberties Union (ACLU) is against this amendment. That’s all I needed to know to be for it. All I’m saying is be careful taking government money, even if you are a religious organization. The Government always has strings attached to their money.
Amendment # 9 Homestead Exemption for Surviving Spouse of Veterans or First Responders—YES
My thoughts on this subject are the same as the earlier ones above regarding granting additional exemptions. Pretty soon we will have as many exemptions as license plate designs in Florida. But, alas, surviving spouses are another worthy cause. However, you can see where this will lead…next time “surviving spouses of….this …and that…..and surviving children…etc.”
Amendment # 10 Tangible Personal Property Tax Exemption—YES
If you are a small business owner like me you will be for this amendment. The tangible personal property tax is ridiculous anyway. I say repeal it!
Amendment # 11 Additional Homestead Exemption for Low Income Seniors—YES, but.
You can now see where this is all heading. Four of these amendments are granting exemptions to various “preferred” groups. Why not just exempt everyone from property taxes? I’m voting for this one out of pure self-interest. If I live in my house for the next 16 years I will get a big exemption! ( I won’t be mad at you if you vote against this one or all of the exemptions however, as this exemption stuff is getting out of hand)
Amendment # 12 Appointment of Student Body President to Board of Governors—YES or NO
Talk about special interest legislation. I don’t know what the policy arguments are for and against this proposal. I do know that the Florida Student Association has had some problems over the years.
