From Ballotpedia
| Florida Amendment 5 | |
|---|---|
| Election date November 6, 2018 | |
| Topic State legislatures measures and Taxes | |
| Status | |
| Type Constitutional amendment | Origin State legislature |
Florida Amendment 5, the Two-Thirds Vote of Legislature to Increase Taxes or Fees Amendment, was on the ballot in Florida as a legislatively referred constitutional amendment on November 6, 2018.[3] It was approved.
| A "yes" vote supported requiring a two-thirds vote of each chamber of the Florida State Legislature to enact new taxes or fees or increase existing ones. |
| A "no" vote opposed the amendment, thus allowing the state legislature to continue to enact new taxes or fees or increase existing ones, except the corporate income tax, through a simple majority vote. |
A 60 percent supermajority vote was required for the approval of Amendment 5.
|
Florida Amendment 5 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 5,164,658 | 65.73% | |||
| No | 2,693,174 | 34.27% | ||
How did the amendment get on the ballot?
On January 9, 2018, Republican Gov. Rick Scott, in his last State of the State address, called on the state legislature to pass a constitutional amendment requiring a two-thirds vote to increase taxes.[4] The legislature passed the amendment, which was enrolled as Amendment 5. The Florida House of Representatives approved the amendment 80-29, with the support of 70 Republicans and 10 Democrats. The Florida State Senate approved the amendment 25-13. Republicans controlled 23 Senate seats; however, one Republican voted against the amendment. Three Democrats joined with Republicans to pass the amendment, sending Amendment 5 to the ballot.[5]
What did the amendment change?
Amendment 5 required a two-thirds vote of each chamber of the Florida State Legislature to enact new taxes or fees or increase existing ones. As of 2018, the state legislature was allowed to enact new taxes or fees or increase existing ones, except the corporate income tax, through a simple majority vote in each chamber. Voters approved an amendment for the corporate income tax, with a three-fifths vote requirement to increase the tax above 5.0 percent, in 1971.[3] The passage of Amendment 5 meant that a tax or fee could not be increased along a party-line vote, unless a single party controlled 27 seats in the state Senate and 80 seats in the state House. In 2018, Republicans controlled a majority of seats, but less than two-thirds of seats, in each chamber.
Amendment 5 also required that a bill enacting a new or increasing an existing tax or fee contain no other subject.[3]
Did other states have a similar requirement?
As of 2018, 15 states require a supermajority vote for at least some tax increases. Seven of the states requires a two-thirds (66.67 percent) vote to enact or increase taxes. Five states require a lower threshold of three-fifths (60.00 percent). Three states require a higher threshold of three-fourths (75.00 percent) to enact or increase taxes. The remaining states did not have a supermajority vote requirement to enact or increase taxes.
The ballot title was as follows:[3]
| “ | SUPERMAJORITY VOTE REQUIRED TO IMPOSE, AUTHORIZE, OR RAISE STATE TAXES OR FEES.[6] | ” |
The ballot summary was as follows:[3]
| “ |
Prohibits the legislature from imposing, authorizing, or raising a state tax or fee except through legislation approved by a two-thirds vote of each house of the legislature in a bill containing no other subject. This proposal does not authorize a state tax or fee otherwise prohibited by the Constitution and does not apply to fees or taxes imposed or authorized to be imposed by a county, municipality, school board, or special district.[6] |
” |
The measure added a Section 19 to Article VII of the Florida Constitution. The following text was added:[3]
Note: Use your mouse to scroll over the below text to see the full text.
(a) SUPERMAJORITY VOTE REQUIRED TO IMPOSE OR AUTHORIZE NEW STATE TAX OR FEE. No new state tax or fee may be imposed or authorized by the legislature except through legislation approved by two-thirds of the membership of each house of the legislature and presented to the Governor for approval pursuant to Article III, Section 8. (b) SUPERMAJORITY VOTE REQUIRED TO RAISE STATE TAXES OR FEES. No state tax or fee may be raised by the legislature except through legislation approved by two-thirds of the membership of each house of the legislature and presented to the Governor for approval pursuant to Article III, Section 8. (c) APPLICABILITY. This section does not authorize the imposition of any state tax or fee otherwise prohibited by this Constitution, and does not apply to any tax or fee imposed by, or authorized to be imposed by, a county, municipality, school board, or special district. (d) DEFINITIONS. As used in this section, the following terms shall have the following meanings:
(e) SINGLE-SUBJECT. A state tax or fee imposed, authorized, or raised under this section must be contained in a separate bill that contains no other subject.[6] |
| Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Florida State Legislature wrote the ballot language for this measure.
In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here. During the 10-year period from 1997 to 2007, political scientists Shauna Reilly and Sean Richey found that average Florida ballot title score was equivalent to 17 years of U.S. formal education. |
Officials
Organizations
Officials
Organizations
In addition to the above editorial endorsements, the following outlets have also endorsed a no vote on the measure:
| Total campaign contributions: | |
| Support: | $0.00 |
| Opposition: | $0.00 |
There were no ballot measure committees registered in support of the measure or in opposition to the measure.[33]
The following poll was conducted by Cherry Communications and commissioned by the Florida Chamber of Commerce to gauge voter support and opposition toward the amendments on Florida's 2018 ballot. A total of 605 likely voters were polled, including 237 Republicans, 249 Democrats, and 119 others.[34]
| Support and Opposition for Amendment 5 | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
| Florida Chamber of Commerce Poll 5/25/18 - 6/2/18 | 34% | 36% | 30% | +/-4.0 | 605 | ||||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. | |||||||||||||||||||
As of 2018, fifteen (15) states require a supermajority vote for at least some statewide tax increases, and one state (Colorado) requires voter approval for tax increases. This section is referring to tax increases at the state level and does not include requirements for local tax increases. The following map illustrates the vote requirement to increase taxes in the states:
Seven of the states requires a two-thirds (66.67 percent) vote to enact or increase taxes. Five states require a lower threshold of three-fifths (60.00 percent). Three states require a higher threshold of three-fourths (75.00 percent) to enact or increase taxes. In Colorado, state taxes cannot be increased without voter approval except in cases of emergency, when the legislature can increases taxes by a two-thirds vote. The following table illustrates these requirements:[35][36]
| State | Year | Vote | Application |
| Arizona | 1992 | 2/3 | All taxes |
| Arkansas | 1934 | 3/4 | All taxes except sales and alcohol |
| California | 1979 | 2/3 | All taxes |
| Colorado | 1992 | Voter approval[37] | All taxes |
| Delaware | 1980 | 3/5 | All taxes |
| Florida | 1971 | 3/5 | Corporate income tax |
| Kentucky | 2000 | 3/5 | All taxes |
| Louisiana | 1966 | 2/3 | All taxes |
| Michigan | 1994 | 3/4 | State property tax |
| Mississippi | 1970 | 3/5 | All taxes |
| Missouri | 1996 | 2/3 | All taxes |
| Nevada | 1996 | 2/3 | All taxes |
| Oklahoma | 1992 | 3/4 | All taxes |
| Oregon | 1996 | 3/5 | All taxes |
| South Dakota | 1996 | 2/3 | All taxes |
| Wisconsin | 2011 | 2/3 | Sales, income, and franchise taxes |
Ballotpedia has identified 15 ballot measures related to legislative supermajority requirements to enact or increase taxes. Of the 15 ballot measures, 13 were approved—although courts in Washington overturned three approved initiatives—and two were defeated at the ballot box.
| State | Year | Measure | Vote | Application | Status |
| Florida | 1971 | Amendment 1 | 3/5 | Corporate income tax | Approved |
| California | 1978 | Proposition 13 | 2/3 | All taxes | Approved |
| Ohio | 1983 | Amendment 2 | 3/5 | All taxes | Defeated |
| Arizona | 1992 | Proposition 108 | 2/3 | All taxes | Approved |
| Oklahoma | 1992 | Question 640 | 3/4 | All taxes | Approved |
| Michigan | 1994 | Proposal A | 3/4 | State property tax | Approved |
| Nevada | 1994 | Question 11 | 2/3 | All taxes | Approved |
| Oregon | 1996 | Measure 25 | 3/5 | All taxes | Approved |
| Nevada | 1996 | Question 11 | 2/3 | All taxes | Approved |
| South Dakota | 1996 | Amendment B | 2/3 | All taxes | Approved |
| Iowa | 1999 | Amendment 2 | 3/5 | Sales and income taxes | Defeated |
| Washington | 2007 | Initiative 960 | 2/3 | All taxes | Overturned |
| California | 2010 | Proposition 26 | 2/3 | All taxes | Approved |
| Washington | 2010 | Initiative 1053 | 2/3 | All taxes | Overturned |
| Washington | 2012 | Initiative 1185 | 2/3 | All taxes | Overturned |
As of 2018, the Florida State Legislature needed a three-fifths vote (60.00 percent) of each chamber to increase the corporate income tax above 5.0 percent. The vote requirement was passed in 1971, when voters approved a constitutional amendment to allow the state to enact a corporate income tax. As of 2018, the corporate income tax rate was 5.5 percent.[38] The state legislature increased the tax rate to 5.5 percent in 1984, requiring a three-fifths vote in each chamber.[39] In 1984, Democrats had a trifecta in state government, meaning Democrats controlled both chambers of the state legislature and governor's office.
In 1996, voters approved a constitutional amendment to require a two-thirds (66.67 percent) supermajority vote at the ballot to increase taxes through a legislative referral or citizen's initiative. The measure received the support of 69.3 percent of voters. As of 2018, there had been no constitutional amendments to increase taxes since before 1996.
In 2018, voters in six states considered ballot measures to cap, limit, or restrict types of taxes. In Oregon and Washington, voters decided ballot initiatives to prohibit governments from enacting taxes on groceries. Oregan voters rejected the grocery tax ban. In Washington, the measure was ahead by 5 percentage points with 64 percent of precincts reporting.
In Arizona, an initiative to prohibit new taxes or increased tax rates on services was approved. Voters in California defeated an initiated measure to require voter approval for the state legislature to impose, increase, or extend fuel taxes or vehicle fees in the future. It would have also repealed a gas tax increase passed in 2017.
Legislatures in Florida and North Carolina referred constitutional amendments capping taxes to the ballot and both were approved. Voters in Florida and Oregon also considered ballot measures to require supermajorities of the state legislature to increase taxes. In Florida, the measure was approved, and, in Oregon, it was defeated.
An additional initiative qualified for the ballot in California but was withdrawn after proponents agreed to a compromise bill with legislators to keep the initiative off the ballot. The initiative would have required a two-thirds vote of the electorate on all local taxes, including soda taxes. The compromise legislation prohibited local soda taxes until 2031.
| Measure | Origin | Description | Status |
|---|---|---|---|
| Arizona Proposition 126 | Initiative | Prohibits the state and local governments from enacting new taxes or increasing tax rates on services | |
| California Proposition 6 | Initiative | Requires voter approval for the state legislature to impose, increase, or extend fuel taxes or vehicle fees in the future | |
| Florida Amendment 2 | Legislature | Makes permanent the cap of 10 percent on annual nonhomestead parcel assessment increases set to expire | |
| Florida Amendment 5 | Legislature | Requires a two-thirds vote of each chamber of the state legislature to enact new taxes or fees or increase existing ones | |
| North Carolina Amendment | Legislature | Lowers the maximum allowable state income tax rate from 10 percent to 7 percent | |
| Oregon Measure 103 | Initiative | Prohibits state and local governments from enacting taxes on groceries | |
| Oregon Measure 104 | Initiative | Requires a three-fifths vote of each chamber of the state legislature to increase revenue, such as via increasing taxes and decreasing tax exemptions | |
| Washington Initiative 1634 | Initiative | Prohibits local governments from enacting taxes on groceries |
From 1996 through 2016, the Florida State Legislature referred 38 constitutional amendments to the ballot. Voters approved 25 and rejected 13 of the referred amendments. All of the amendments were referred to the ballot for elections during even-numbered election years. The average number of amendments appearing on even-year ballots was between three and four. In 2016, three referred amendments were on the ballot. The approval rate of referred amendments at the ballot box was 65.8 percent during the 20-year period from 1996 through 2016. The rejection rate was 34.2 percent.
| Legislatively-referred constitutional amendments, 1996-2016 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Annual average | Annual median | Annual minimum | Annual maximum | |
| 38 | 25 | 65.79% | 13 | 34.21% | 3.45 | 3.00 | 0 | 11 | |
In Florida, a constitutional amendment must be passed by a 60 percent vote in each house of the Florida State Legislature during one legislative session.
On January 9, 2018, Republican Gov. Rick Scott, in his last State of the State address, called on the state legislature to pass a constitutional amendment requiring a two-thirds vote to increase taxes. He said, "It is during times of economic downturn where this proposal is needed the most. It will force leaders to contemplate living within their means rather than taking the easy way out and just sticking it to the public by raising taxes on families and job creators."[4][40]
The measure was introduced into the state legislature as House Joint Resolution 7001 (HJR 7001) on November 8, 2017. The Florida House of Representatives approved the amendment 80 to 29 with seven members not voting and four vacancies on January 25, 2018. The minimum number of votes required to pass the amendment was 72.[5]
Senate President Joe Negron (R-25) said he expected the proposal to receive support in the state Senate. He said, "We know that’s a strong priority of the governor, and something that the speaker has also made a priority. So I think you’ll see that legislation move forward in plenty of time to get it in front of the Senate."[41]
On March 5, 2018, the Florida State Senate approved the amendment 25 to 13. The minimum number of votes needed was 23. Republicans controlled 23 seats; however, Sen. Tom Lee (R-20) voted against the amendment, meaning at least one Democrat needed to join Republicans to approve the measure. Three Democrats—Sens. Linda Stewart (D-13), Bobby Powell Jr. (D-30), and Lauren Book (D-32)—joined with Republicans to pass the amendment, sending the measure to the ballot.[5]
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In Florida, all polls are open from 7:00 a.m. to 7:00 p.m. An individual who is in line at the time polls close must be allowed to vote. Florida is split between Eastern and Central time zones.[42]
To vote in Florida, one must be at least 18 years of age, a citizen of the United States, and a legal resident of Florida and the county in which he or she intends to vote.[43][44]
Voters may retrieve registration applications at the following locations:[43]
A registration form is also available online. The form can be printed and submitted via mail.[44]
Florida does not practice automatic voter registration.
Florida has implemented an online voter registration system. Residents can register to vote by visiting this website.
Florida does not allow same-day voter registration.
To register to vote in Florida, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.
Florida does not require proof of citizenship for voter registration.
The page Voter Information Lookup, run by the Florida Department of State, allows residents to check their voter registration status online.
Florida requires voters to present photo identification with a signature while voting.[45][46]
The following list of accepted ID was current as of November 2019. Click here for the Florida Secretary of State's page on accepted ID to ensure you have the most current information.
A voter who presents an ID without a signature must show a second form of identification that includes the voter’s signature.
In 1977, the Florida Legislature required every voter to present an ID in order to vote. In 1998, the legislature required voters to present a photo ID.[46]
As of April 2021, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 21 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[47][48]
| Demographic data for Florida | ||
|---|---|---|
| Florida | U.S. | |
| Total population: | 20,244,914 | 316,515,021 |
| Land area (sq mi): | 53,625 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 76% | 73.6% |
| Black/African American: | 16.1% | 12.6% |
| Asian: | 2.6% | 5.1% |
| Native American: | 0.3% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 2.4% | 3% |
| Hispanic/Latino: | 23.7% | 17.1% |
| Education | ||
| High school graduation rate: | 86.9% | 86.7% |
| College graduation rate: | 27.3% | 29.8% |
| Income | ||
| Median household income: | $47,507 | $53,889 |
| Persons below poverty level: | 19.8% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Florida. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Florida voted Republican in three out of the five presidential elections between 2000 and 2016.
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in Florida, accounting for 1.94 percent of the total pivot counties.[49]
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Florida had three Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.66 and 4.00 percent of all Retained and Boomerang Pivot Counties, respsectively.
More Florida coverage on Ballotpedia
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