Florida Amendment 10, State And Local Government Structure Amendment (2018)

Florida Amendment 10
Election date November 6, 2018
Topic Administration of government and County and municipal governance
Status a Approved
Type Commission-referral	Origin Legislative commission
List of Florida measuresFlorida Amendment 1Florida Amendment 2Florida Amendment 3Florida Amendment 4Florida Amendment 5Florida Amendment 6Florida Amendment 7Florida Amendment 9Florida Amendment 10Florida Amendment 11Florida Amendment 12Florida Amendment 13Submit

Florida Amendment 10, the Florida State and Local Government Structure Amendment, was on the ballot in Florida as a commission referral on November 6, 2018. It was approved.

Aftermath[edit]

Volusia County lawsuit[edit]

Volusia County, Florida filed a lawsuit challenging Amendment 10 on December 17, 2018. The county argued that amendment should not be interpreted to apply retroactively and that the county should not be required to reinstate constitutional offices that it had abolished.^[3][4]

Volusia County, Florida v. Governor Rick Scott (R) and Secretary of State Ken Detzner (R)

Ruling and appeal[edit]

In mid-March 2019, Leon County Circuit Judge John Cooper ruled against plaintiffs and dismissed the case.^[5]

The Volusia County Council voted 4-3 on March 19, 2019, to appeal the decision. On August 17, 2020, the First District Court of Appeal upheld Judge Cooper's ruling. On August 25, 2020, the Volusia County Council voted against appealing to the Florida Supreme Court.^[6][7][8]

Election results[edit]

Results are officially certified.

Source

Overview[edit]

How did this measure get on the ballot?

The Florida Constitution Revision Commission (CRC) voted 29-8 to place Amendment 10, which is composed of four constitutional amendments, on the ballot for the election. The 37-member commission, which meets every 20 years to propose changes to the Florida Constitution, is unique amongst the states. Florida is the only state with a commission empowered to refer constitutional amendments to the ballot. Republicans, including legislative leaders and Gov. Rick Scott, appointed 33 of the commissioners. Attorney General Pam Bondi (R) also served on the commission. Jorge Labarga, chief justice of the Florida Supreme Court, appointed the three remaining members.

As Amendment 10 was a package of four constitutional amendments. This meant voters could not approve or reject some, but not all, of the amendments. Voting “yes” on the ballot measure was a vote to pass the four constitutional amendments. Voting “no” on the ballot measure was a vote to reject the four constitutional amendments.

Text of measure[edit]

Ballot title[edit]

The ballot title was as follows:^[9]

Ballot summary[edit]

The ballot summary was as follows:^[9]

Constitutional changes[edit]

See also: Florida Constitution

Amendment 10 amended Section 3 of Article III, Sections 4 and 11 of Article IV, and Sections 1 and 6 of Article VIII of the Florida Constitution. The following underlined text was added and struck-through text was deleted:^[9]

Note: Use your mouse to scroll over the below text to see the full text.

Readability score[edit]

See also: Ballot measure readability scores, 2018

Support[edit]

Commissioners Carolyn Timmann, Belinda Keiser, and Jeanette Nuñez sponsored the proposals that were combined into Amendment 10.

Supporters[edit]

• Walt McNeil, Leon County Sheriff^[11]
• Doris Maloy, Leon County Tax Collector^[11]
• Gwen Marshall, Leon County Clerk^[11]
• Florida Family Policy Council^[12]

Arguments[edit]

• Walt McNeil, Doris Maloy and Gwen Marshall wrote:^[11]

Opposition[edit]

Opponents[edit]

• Libertarian Party of Florida^[13]
• League of Women Voters of Florida^[14]
• Democratic Progressive Caucus of Florida^[15]
• Save My Constitution opposed this measure, as well as every other measure placed on the November 2018 ballot by the Florida Constitution Revision Commission. The group consisted of former state and federal lawmakers including Jim Kallinger (R), Jeff Kottkamp (R), Jennifer Carroll (R), Sandy Adams (R), and Connie Mack (R). The group argued that the measures are confusing and misleading and were placed on the ballot in a deceptive way by bundling multiple subjects in a single proposal.^[16]

Arguments[edit]

• The League of Women Voters of Florida argued, "This limits the voters in local communities from deciding on the election of county officers. It adds an unnecessary provision as the Constitution already has the power to set dates during even-numbered years. FDLE is already the lead agency in coordinating efforts to prevent terrorism, and the Constitution already has authorized the Legislature to create a Department of Veteran Affairs. This amendment is clearly an effort to restrict the powers of local government."^[14]

Media editorials[edit]

See also: 2018 ballot measure media endorsements

Support[edit]

Ballotpedia has not identified any media editorials in support of Amendment 10. If you are aware of one, please email editor@ballotpedia.org.

Opposition[edit]

• The Sun-Sentinel said: "This piece of dirty work would prohibit any county’s voters from adopting a charter that changes the duties of certain constitutional officers or allows them to be appointed, rather than elected. It’s clearly intended to overturn parts of eight charters, including that of Miami-Dade, which has an appointed public safety director instead of an elected sheriff. It also would require Broward to begin electing a tax collector and build a separate bureaucracy. The commission tacked on irrelevant provisions to change the Legislature’s session dates, which the legislature has already changed, and create an office of counter-terrorism in the Department of Law Enforcement, which already has one. For all of this, Amendment 10 merits a resounding 'no.'"^[17]
• The News-Press said: "No on Amendment 10: Don't be deceived by this crowded amendment. It calls for all 67 counties to elect their sheriff, tax collector, elections supervisor and clerk of courts. Only one county, Miami-Dade, does not elect its sheriff, and only a handful do not elect the other constitutional officers. This is strictly a battle for those counties that don't elect those officers, not most of the state. The other two bundled items in this amendment are also weak attempts to muddy the system. It requires the Legislature to start its annual session in January instead of March during even-numbered election years. This is only an attempt to allow lawmakers to get out and campaign sooner. That's not good government. It also creates a counter-terrorism and security office within the Florida Department of Law Enforcement. Most law enforcement agencies already have versions of this. It also requires the state to have a Department of Veterans Affairs, which already exists."^[18]
• The Tampa Bay Times said: "This amendment would subvert local control by forcing every county to elect rather than appoint its sheriff, tax collector, property appraiser, supervisor of elections and clerk of courts — whether it wanted to or not. Those already are elected offices in most counties, but the choice should be theirs, not the state’s. Other parts of the amendment are uncontroversial but also unnecessary. It would establish a counterterrorism office within the Florida Department of Law Enforcement and add to the Constitution a state Department of Veterans’ Affairs. It would make permanent the Legislature’s recent practice of beginning sessions in even-numbered years in January, rather than March. All of those elements either already are or can be handled by state law and don’t need to be enshrined in the Constitution. On Amendment 10, the Tampa Bay Times recommends voting No."^[19]
• The Tallahassee Democrat said: "[Amendments 5, 7, 10, 12, and 13] are the detritus of the Constitution Revision Commission, with little or no impact on the lives of average Floridians, the kind of multi-tasking snowballing the CRC littered its amendments with — unrelated topics cobbled together in take-it-or-leave-it propositions. For most of them, we say leave it."^[20]
• Your Observer said: "While uniformity in the elected offices of Florida’s 67 counties makes sense, most people also know that government is best when decisions are made locally and not dictated by the state. The crux of this amendment would reduce voters’ freedom to govern themselves. We recommend: Vote no."^[21]
• The Treasure Coast Newspapers said: "The bundling of these unrelated proposals is ridiculous. Additionally, Amendment 10 infringes on the home rule of counties that choose to appoint their officials."^[22]

Additional editorial endorsements[edit]

In addition to the above editorial endorsements, the following outlets have also endorsed a no vote on the measure:

• The Florida Times-Union^[23]
• The Herald-Tribune^[24]
• The Daily Commercial^[25]
• Ocala Star-Banner^[26]
• The Independent Florida Alligator^[27]
• The Orlando Sentinel^[28]
• The Miami Herald^[29]

Campaign finance[edit]

See also: Campaign finance requirements for Florida ballot measures

Ballotpedia had not identified any ballot measure committees registered in support of the measure or in opposition to the measure.^[30]

Background[edit]

Department of Veterans Affairs[edit]

Section 6 of Article IV of the Florida Constitution limited the number of executive departments to 25. In 1988, the Florida State Legislature sought to establish a state Department of Veterans Affairs; however, the legislature determined that no additional departments could be created due to the 25-departments limit. The legislature referred a constitutional amendment to the ballot to authorize the legislature to create a Department of Veterans Affairs, exempt from the 25-departments limit. Voters approved the amendment on November 8, 1988.^[31]

Following the approval of the constitutional amendment by voters, the state legislature established a state Department of Veterans Affairs.^[31] The amendment, however, did not require the legislature to establish the department. It only authorized the legislature to establish the department. The 2018 ballot measure required the legislature to establish the department.

Status of constitutional local offices[edit]

The measure prohibited counties from abolishing certain local offices—sheriff, tax collector, property appraiser, supervisor of elections, and clerk of the circuit court—and requiring elections for these offices. In Florida, counties with charter counties were allowed to alter the duties of constitutional local offices or abolish the offices. The following map illustrated which counties, as of 2018, were charter counties with altered offices, charter counties without altered offices, and non-charter governments.^[32]

Path to the ballot[edit]

See also: Florida Constitution Revision Commission, 2018 proposals

The Florida Constitution Revision Commission referred the constitutional amendment to the ballot for the general election on November 6, 2018.^[33] The Florida CRC is a 37-member commission provided for in the state constitution that reviews and proposes changes to the Florida Constitution. The CRC refers constitutional amendments directly to the ballot for a public vote, which makes the commission unique amongst the states. Florida is the only state with a commission empowered to refer constitutional amendments to the ballot. The CRC convenes every 20 years.

Proposal 6005[edit]

In the CRC, the ballot measure was known as Proposal 6005. The measure needed to receive the vote of 22 commissions. On April 16, 2018, a total of 29 members (78.38 percent) voted "yes" on Proposal 6005. Eight members (21.62 percent) voted "no" on the proposal.^[33]

Proposal 9, Proposal 13, Proposal 26, and Proposal 103 were combined to create Proposal 6005.^[33]

The following table illustrates how individual commissioners voted on Proposal 6005:^[34]

Commissioner	Appointed by	Occupation	Vote
Anna Marie Hernandez Gamez	Senate president	Former President, Cuban American Bar Association; Attorney	d
Arthenia Joyner	Chief Justice	Former State Senator; Attorney	a
Belinda Keiser	Governor	Vice Chancellor, Keiser University	a
Bob Solari	Senate president	County Commissioner, Indian River County; Former President and Manager, RMS Financial Services; Former President and Director, International Citrus Corporation and Incitco Realty, Inc.	d
Brecht Heuchan	Governor	CEO, ContributionLink, LLC; Owner, The Labrador Company	a
Carlos Beruff (Chair)	Governor	CEO, Medallion Homes	a
Carolyn Timmann	Senate president	Clerk of the Circuit Court and Comptroller of Martin County	a
Chris Nocco	House speaker	Sheriff of Pasco County	a
Chris Smith	Senate president	Former State Senator; Attorney	d
Chris Sprowls	House speaker	State Representative	a
Darlene Jordan	Governor	Executive Director, Gerald R. Jordan Foundation; Former Assistant Attorney General of Massachusetts	a
Darryl Rouson	House speaker	State Senator	a
Don Gaetz	Senate president	Former State Senator; Retired Vice Chairman, VITAS Healthcare Corporation	a
Emery Gainey	Governor	Director of Law Enforcement, Victim Services & Criminal Justice, Florida Department of Legal Affairs	a
Erika Donalds	House speaker	Member, Collier County School Board; CFO, CCO, and Partner, Dalton, Greiner, Hartman, Maher & Co., LLC	a
Frank Kruppenbacher	Governor	Chairman, Greater Orlando Aviation Authority; Attorney	a
Fred Karlinsky	Governor	Co-Chair, Greenberg Traurig’s Insurance Regulatory and Transactions Practice Group	a
Gary Lester	Governor	Developer and VP, The Villages for Community Relations; President, The Villages Charter School	d
Hank Coxe	Chief Justice	Former President, The Florida Bar; Attorney	d
Jacqui Thurlow-Lippisch	Senate president	Former Mayor of Sewall's Point; Realtor	a
Jeanette Nuñez	House speaker	State Representative	a
John Stemberger	House speaker	President & General Counsel, Florida Family Policy Council	a
John Stargel[35]	Governor	Judge of the Tenth Judicial Circuit Court	a
Jose Felix Diaz	House speaker	State Representative	d
Lisa Carlton	Governor	Former State Senator; Co–Owner and Manager, Mabry Carlton Ranch	a
Marva Johnson	Governor	Chair, Florida State Board of Education; Regional VP of State Government Affairs, Charter Communications	a
Nicole Washington	Governor	State Policy Consultant, Lumina Foundation	a
Pam Bondi	Automatic	Attorney General	a
Pam Stewart	Governor	Commissioner, Department of Education	a
Patricia Levesque	Senate president	Executive Director, Foundation for Florida’s Future; CEO, Foundation for Excellence in Education	a
Rich Newsome	House speaker	Senior Partner, Newsome Melton	a
Roberto Martinez	Chief Justice	Former U.S. Attorney for South Florida; Attorney	d
Sherry Plymale	Senate president	Former Member, State Board of Community Colleges	a
Timothy Cerio	Governor	Former General Counsel to Governor Scott; Attorney	a
Tom Grady	Governor	Former State Representative; CEO, Continental Equities Group and GradyLaw	d
Tom Lee	House speaker	State Senator; VP and Director, Sabal Homes of Florida	a
William “Bill” Schifino, Jr.	Senate president	President, The Florida Bar; Attorney	a

Proposal 9[edit]

Commissioner Carolyn Timmann was the lead sponsor of Proposal 9. The proposal was designed to add the state Department of Veterans’ Affairs to the Florida Constitution. On March 20, 2018, Proposal 9 was approved 29 to four with four commissioners not voting.^[36] Proposal 9 needed to receive a simple majority vote of the commissioners to move forward.

Proposal 13[edit]

Commissioner Carolyn Timmann was the lead sponsor of Proposal 13. The proposal was designed to prohibit counties from abolishing certain local offices and requires elections for certain local offices. On March 19, 2018, Proposal 13 was approved 26 to seven with four commissioners not voting.^[37] Proposal 13 needed to receive a simple majority vote of the commissioners to move forward.

Proposal 26[edit]

Commissioner Belinda Keiser was the lead sponsor of Proposal 26. The proposal was designed to create a state Office of Domestic Security and Counter-Terrorism in the Florida Constitution. On March 20, 2018, Proposal 26 was approved 22 to 11 with four commissioners not voting.^[38] Proposal 26 needed to receive a simple majority vote of the commissioners to move forward.

Proposal 103[edit]

Commissioner Jeanette Nuñez was the lead sponsor of Proposal 103. The proposal was designed to require the legislature to convene the regular legislative session on the second Tuesday of January of even-numbered years. On March 19, 2018, Proposal 103 was approved 32 to one with four commissioners not voting.^[39] Proposal 103 needed to receive a simple majority vote of the commissioners to move forward.

Lawsuits[edit]

Miami-Dade County, Volusia County, and Broward County v. State Officials

Three separate lawsuits were filed by Miami-Dade, Broward, and Volusia counties in Leon County Circuit Court. Each suit seeks to have the amendment removed from the November 2018 ballot on the grounds that the amendment (1) has misleading ballot language, (2) combines three separate subjects, and (3) would remove the counties' rights to self-governance.

The amendment would prohibit counties from abolishing certain local offices— such as sheriff, tax collector, property appraiser, supervisor of elections, and clerk of the circuit court—and require elections for these offices. Requiring the election of such offices would mean that Miami-Dade County would have to elect people to serve in those offices, rather than appoint them as they do now. Dennis Moss, a Miami-Dade county commissioner, said, “I oppose our home rule power being usurped through the actions of the State of Florida. Our system of making appointments to the applicable positions work well for us in Miami-Dade County.”Cite error: Invalid <ref> tag; invalid names, e.g. too many

Lawyers for the Miami-Dade suit argue, "This ballot question illegally 'hides the ball' and 'flies under false colors', ... Amendment 10 would fundamentally impair the unique form of government that the electors of the state, through the Florida Constitution, exclusively granted to the County without providing fair notice to the voters of that change... it will gut home rule."^[40]

Lawyers for the Broward case wrote, "The ballot title and summary for Amendment 10 are misleading, inaccurate, and fail to fairly inform voters of the true effect and impact of the proposed amendment. Of the seventy-five words that comprise the summary, only thirty-four words buried in the middle advise voters that the proposed amendment materially negates home rule powers of counties. The ballot title and summary of Amendment 10 do not fairly inform the voters that the chief purpose of the amendment is to remove the electorate's right to engage in local self-governance and design the structure of their local government in a manner best suiting local needs and desires."^[41]

Lawyers for the Volusia lawsuit wrote, "The ballot title and summary for [Amendment 10] are ambiguous and unclear; and do not fairly inform the voter of the scope of the revision."^[41]

On August 10, 2018, circuit judge James Shelfer rejected the challenge, saying that an average Florida voter would easily be able to understand the purpose of the amendment.^[42]

On August 10, 2018, the counties of Volusia, Miami-Dade, and Broward filed notices of appeal at the 1st District Court of Appeal, which forwarded the case to the Florida Supreme Court.^[43]

On September 7, 2018, the Supreme Court ordered the amendment to appear on the ballot.^[44]

How to cast a vote[edit]

See also: Voting in Florida

Poll times[edit]

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.^[45]

Registration requirements[edit]

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.^[46][47]

Voters may retrieve registration applications at the following locations:^[46]

• Local elections offices
• Public assistance agencies
• Disability services agencies
• Independent living centers
• Military recruitment offices
• Public libraries
• Offices that issue driver's licenses
• Fishing and hunting license shops

A registration form is also available online. The form can be printed and submitted via mail.^[47]

Automatic registration[edit]

Florida does not practice automatic voter registration.

Online registration[edit]

See also: Online voter registration

Florida has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration[edit]

Florida does not allow same-day voter registration.

Residency requirements[edit]

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.

Verification of citizenship[edit]

See also: Laws permitting noncitizens to vote in the United States

Florida does not require proof of citizenship for voter registration.

Verifying your registration[edit]

The page Voter Information Lookup, run by the Florida Department of State, allows residents to check their voter registration status online.

Voter ID requirements[edit]

Florida requires voters to present photo identification with a signature while voting.^[48][49]

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.

• Florida driver’s license
• Florida identification card issued by the Department of Highway Safety and Motor Vehicles
• United States passport
• Debit or credit card
• Military identification
• Student identification
• Retirement center identification
• Neighborhood association identification
• Public assistance identification
• Veteran health identification card issued by the United States Department of Veterans Affairs
• License to carry a concealed weapon or firearm issued pursuant to s. 790.06
• Employee identification card issued by any branch, department, agency, or entity of the federal government, the state, a county, or a municipality

A voter who presents an ID without a signature must show a second form of identification that includes the voter’s signature.

Background[edit]

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.^[49]

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.^[50][51]

State profile[edit]

Presidential voting pattern[edit]

See also: Presidential voting trends in Florida

Florida voted Republican in three out of the five presidential elections between 2000 and 2016.

Pivot Counties (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.^[52]

Pivot Counties (2020)

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

• Elections in Florida
• United States congressional delegations from Florida
• Public policy in Florida
• Influencers in Florida
• Florida fact checks
• More...

See also[edit]

2018 measures 2018 ballot measures Administration of government on the ballot County and municipal governance on the ballot 2018 legislative sessions

Florida Florida ballot measures Florida ballot measure laws Florida Constitution Revision Commission Florida Constitution Revision Commission, 2018 proposals

News and analysis Ballot measure lawsuits Ballot measure readability Ballot measure polls

External links[edit]

• Proposal 6005

Footnotes[edit]

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