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

Elections in Florida, 2018

* General election: Nov. 6
* Voter registration deadline: Oct. 9
* Early voting: Oct. 27 - Nov. 3[2]
* Absentee voting deadline: Nov. 6

* Online registration: Yes
* Same-day registration: No
* Voter ID: Photo ID required
* Poll times: 7:00 a.m. to 7:00 p.m.

* * *

On the ballot: U.S. Senate • U.S. House • Governor • Attorney General • State executive offices • State Senate • State House • Special state legislative • Supreme court • Appellate courts • Local judges • State ballot measures • Local ballot measures • School boards • Municipal • Democratic primaries • Republican primaries

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.

|  A "yes" vote supported this amendment to:

* require, rather than authorize, the legislature to provide for a state Department of Veterans Affairs;
* create a state Office of Domestic Security and Counter-Terrorism;
* require the legislature to convene regular session on the second Tuesday of January of even-numbered years; and
* prohibit 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.

|

|  A "no" vote opposed this amendment to:

* require, rather than authorize, the legislature to provide for a state Department of Veterans Affairs;
* create a state Office of Domestic Security and Counter-Terrorism;
* require the legislature to convene regular session on the second Tuesday of January of even-numbered years; and
* prohibit 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, a constitutional amendment requires a 60 percent supermajority vote at the ballot for approval.

## Contents

* 1 Aftermath
* 1.1 Volusia County lawsuit
* 1.1.1 Ruling and appeal
* 2 Election results
* 3 Overview
* 4 Text of measure
* 4.1 Ballot title
* 4.2 Ballot summary
* 4.3 Constitutional changes
* 4.4 Readability score
* 5 Support
* 5.1 Supporters
* 5.2 Arguments
* 6 Opposition
* 6.1 Opponents
* 6.2 Arguments
* 7 Media editorials
* 7.1 Support
* 7.2 Opposition
* 7.2.1 Additional editorial endorsements
* 8 Campaign finance
* 9 Background
* 9.1 Department of Veterans Affairs
* 9.2 Status of constitutional local offices
* 10 Path to the ballot
* 10.1 Proposal 6005
* 10.2 Proposal 9
* 10.3 Proposal 13
* 10.4 Proposal 26
* 10.5 Proposal 103
* 10.6 Lawsuits
* 11 How to cast a vote
* 11.1 Poll times
* 11.2 Registration requirements
* 11.3 Automatic registration
* 11.4 Online registration
* 11.5 Same-day registration
* 11.6 Residency requirements
* 11.7 Verification of citizenship
* 11.8 Verifying your registration
* 11.9 Voter ID requirements
* 11.9.1 Background
* 12 State profile
* 12.1 Presidential voting pattern
* 12.1.1 Pivot Counties (2016)
* 12.1.2 Pivot Counties (2020)
* 13 See also
* 14 External links
* 15 Footnotes

## 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)

Lawsuit overview

Issue: Whether the amendment applies retroactively
Court: Filed in Leon County circuit court; appealed to First District Court of Appeal
Ruling: Ruled against plaintiffs; case dismissed; appeal failed
Plaintiff(s): Volusia County, Florida| Defendant(s): Governor Rick Scott (R) and Secretary of State Ken Detzner (R)
Plaintiff argument:
The amendment is misleading because it failed to make clear whether or not it applies retroactively or only prospectively. The amendment should be interpreted to only apply going forward. Volusia County should not have to restructure its government and restore constitutional offices that it had abolished. | Defendant argument:
Unknown
Source: Orlando Sentinel

#### 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]

Florida Amendment 10

Result | Votes | Percentage

Yes

| 4,847,740 | 63.15%
No | 2,828,607 | 36.85%

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]

“  | STATE AND LOCAL GOVERNMENT STRUCTURE AND OPERATION.[10] |  ”

|
|

### Ballot summary[edit]

The ballot summary was as follows:[9]

“  |

Requires legislature to retain department of veterans’ affairs. Ensures election of sheriffs, property appraisers, supervisors of elections, tax collectors, and clerks of court in all counties; removes county charters’ ability to abolish, change term, transfer duties, or eliminate election of these offices. Changes annual legislative session commencement date in even-numbered years from March to January; removes legislature’s authorization to fix another date. Creates office of domestic security and counterterrorism within department of law enforcement.[10]

|  ”

|
|

### 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.

Section 3 of Article III

Sessions of the Legislature.—(a) ORGANIZATION SESSIONS. On the fourteenth day following each general election the legislature shall convene for the exclusive purpose of organization and selection of officers.

(b) REGULAR SESSIONS. A regular session of the legislature shall convene on the ~~first~~ second Tuesday after the first Monday in March of each odd-numbered year, and on the first Tuesday after the first Monday in ~~March, or such other date as may be fixed by law,~~ January of each even-numbered year.

(c) SPECIAL SESSIONS.

(1) The governor, by proclamation stating the purpose, may convene the legislature in special session during which only such legislative business may be transacted as is within the purview of the proclamation, or of a communication from the governor, or is introduced by consent of two-thirds of the membership of each house.

(2) A special session of the legislature may be convened as provided by law.

(d) LENGTH OF SESSIONS. A regular session of the legislature shall not exceed sixty consecutive days, and a special session shall not exceed twenty consecutive days, unless extended beyond such limit by a three-fifths vote of each house. During such an extension no new business may be taken up in either house without the consent of two-thirds of its membership.

(e) ADJOURNMENT. Neither house shall adjourn for more than seventy-two consecutive hours except pursuant to concurrent resolution.

(f) ADJOURNMENT BY GOVERNOR. If, during any regular or special session, the two houses cannot agree upon a time for adjournment, the governor may adjourn the session sine die or to any date within the period authorized for such session; provided that, at least twenty-four hours before adjourning the session, and while neither house is in recess, each house shall be given formal written notice of the governor's intention to do so, and agreement reached within that period by both houses on a time for adjournment shall prevail.

Section 4 of Article IV

Cabinet.—(a) There shall be a cabinet composed of an attorney general, a chief financial officer, and a commissioner of agriculture. In addition to the powers and duties specified herein, they shall exercise such powers and perform such duties as may be prescribed by law. In the event of a tie vote of the governor and cabinet, the side on which the governor voted shall be deemed to prevail.

(b) The attorney general shall be the chief state legal officer. There is created in the office of the attorney general the position of statewide prosecutor. The statewide prosecutor shall have concurrent jurisdiction with the state attorneys to prosecute violations of criminal laws occurring or having occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is affecting or has affected two or more judicial circuits as provided by general law. The statewide prosecutor shall be appointed by the attorney general from not less than three persons nominated by the judicial nominating commission for the supreme court, or as otherwise provided by general law.

(c) The chief financial officer shall serve as the chief fiscal officer of the state, and shall settle and approve accounts against the state, and shall keep all state funds and securities.

(d) The commissioner of agriculture shall have supervision of matters pertaining to agriculture except as otherwise provided by law.

(e) The governor as chair, the chief financial officer, and the attorney general shall constitute the state board of administration, which shall succeed to all the power, control, and authority of the state board of administration established pursuant to Article IX, Section 16 of the Constitution of 1885, and which shall continue as a body at least for the life of Article XII, Section 9(c).

(f) The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture shall constitute the trustees of the internal improvement trust fund and the land acquisition trust fund as provided by law.

(g) The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture shall constitute the agency head of the Department of Law Enforcement. The Office of Domestic Security and Counterterrorism is created within the Department of Law Enforcement. The Office of Domestic Security and Counterterrorism shall provide support for prosecutors and federal, state, and local law enforcement agencies that investigate or analyze information relating to attempts or acts of terrorism or that prosecute terrorism, and shall perform any other duties that are provided by law.

Section 11 of Article IV

Department of Veterans Affairs.—The legislature, by general law, shall provide for a ~~may provide for the establishment of the~~ Department of ~~Veterans~~ Veterans’ Affairs and prescribe its duties. The head of the department is the governor and cabinet.

Section 1 of Article VIII

Counties.—(a) POLITICAL SUBDIVISIONS. The state shall be divided by law into political subdivisions called counties. Counties may be created, abolished or changed by law, with provision for payment or apportionment of the public debt.

(b) COUNTY FUNDS. The care, custody and method of disbursing county funds shall be provided by general law.

(c) GOVERNMENT. Pursuant to general or special law, a county government may be established by charter which shall be adopted, amended or repealed only upon vote of the electors of the county in a special election called for that purpose.

(d) COUNTY OFFICERS. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court ~~; except, when provided by county charter or special law approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are transferred to another office~~. ~~When not~~ Unless otherwise provided by ~~county charter or~~ special law approved by vote of the electors or pursuant to Article V, section 16, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds.  Notwithstanding subsection 6(e) of this article, a county charter may not abolish the office of a sheriff, a tax collector, a property appraiser, a supervisor of elections, or a clerk of the circuit court; transfer the duties of those officers to another officer or office; change the length of the four-year term of office; or establish any manner of selection other than by election by the electors of the county.

(e) COMMISSIONERS. Except when otherwise provided by county charter, the governing body of each county shall be a board of county commissioners composed of five or seven members serving staggered terms of four years. After each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each district shall be elected as provided by law.

(f) NON-CHARTER GOVERNMENT. Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict.

(g) CHARTER GOVERNMENT. Counties operating under county charters shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordinances.

(h) TAXES; LIMITATION. Property situate within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas.

(i) COUNTY ORDINANCES. Each county ordinance shall be filed with the custodian of state records and shall become effective at such time thereafter as is provided by general law.

(j) VIOLATION OF ORDINANCES. Persons violating county ordinances shall be prosecuted and punished as provided by law.

(k) COUNTY SEAT. In every county there shall be a county seat at which shall be located the principal offices and permanent records of all county officers. The county seat may not be moved except as provided by general law. Branch offices for the conduct of county business may be established elsewhere in the county by resolution of the governing body of the county in the manner prescribed by law. No instrument shall be deemed recorded until filed at the county seat, or a branch office designated by the governing body of the county for the recording of instruments, according to law.

Section 6 of Article VIII

Schedule to Article VIII.—(a) This article shall replace all of Article VIII of the Constitution of 1885, as amended, except those sections expressly retained and made a part of this article by reference.

(b) COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS. The status of the following items as they exist on the date this article becomes effective is recognized and shall be continued until changed in accordance with law: the counties of the state; their status with respect to the legality of the sale of intoxicating liquors, wines and beers; the method of selection of county officers; the performance of municipal functions by county officers; the county seats; and the municipalities and special districts of the state, their powers, jurisdiction and government.

(c) OFFICERS TO CONTINUE IN OFFICE. Every person holding office when this article becomes effective shall continue in office for the remainder of the term if that office is not abolished. If the office is abolished the incumbent shall be paid adequate compensation, to be fixed by law, for the loss of emoluments for the remainder of the term.

(d) ORDINANCES. Local laws relating only to unincorporated areas of a county on the effective date of this article may be amended or repealed by county ordinance.

(e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 19, 210, 311 and 424, of the Constitution of 1885, as amended, shall remain in full force and effect as to each county affected, as if this article had not been adopted, until that county shall expressly adopt a charter or home rule plan pursuant to this article. All provisions of the Metropolitan Dade County Home Rule Charter, heretofore or hereafter adopted by the electors of Dade County pursuant to 3Article VIII, Section 11, of the Constitution of 1885, as amended, shall be valid, and any amendments to such charter shall be valid; provided that the said provisions of such charter and the said amendments thereto are authorized under said 3Article VIII, Section 11, of the Constitution of 1885, as amended.

(f) DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To the extent not inconsistent with the powers of existing municipalities or general law, the Metropolitan Government of Dade County may exercise all the powers conferred now or hereafter by general law upon municipalities.

(g)(1) SELECTION AND DUTIES OF COUNTY OFFICERS.—Except as provided in this subsection, the amendment to Section 1 of this article, relating to the selection and duties of county officers, shall take effect January 5, 2021, but shall govern with respect to the qualifying for and the holding of the primary and general elections for county constitutional officers in 2020.

(2) For Miami-Dade County and Broward County, the amendment to Section 1 of this article, relating to the selection and duties of county officers, shall take effect January 2, 2025, but shall govern with respect to the qualifying for and the holding of the primary and general elections for county constitutional officers in 2024.

~~(g)~~ (h) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature shall have power, by joint resolution, to delete from this article any subsection of this Section 6, including this subsection, when all events to which the subsection to be deleted is or could become applicable have occurred. A legislative determination of fact made as a basis for application of this subsection shall be subject to judicial review.[10]

|

### Readability score[edit]

See also: Ballot measure readability scores, 2018
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 Constitution Revision Commission wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 10.7, and the FRE is 30.5. The word count for the ballot title is 7, and the estimated reading time is One second. The FKGL for the ballot summary is grade level 16.9, and the FRE is 7.3. The word count for the ballot summary is 75, and the estimated reading time is 20 seconds.

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.

## 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]

“  |

Amendment 10 protects the right to vote from being stripped from Floridians in all 67 counties by mandating that the five constitutionally appointed offices — sheriff, property appraiser, tax collector, supervisor of elections and clerks of the court — are independent and voted on by the people of their county.

This keeps the power in the hands of the people to select who they want in the positions that directly impact their lives.

Amendment 10 protects citizens by preventing counties from abolishing any of the constitutional offices, letting the Department of Veterans’ Affairs support Florida veterans, creating the Office of Domestic Security and Counterterrorism within the Florida Department of Law Enforcement, and improving state budgeting to save the taxpayers money. Amendment 10 accomplishes all this without growing the size of government and without increasing your taxes.

The most important thing to do this election season is make your voice heard by heading to vote. This year, we have the ability to amend the Florida Constitution to fix this critical issue. Forever secure your right to vote by voting “yes” on Amendment 10.[10]

|  ”

|
|

## 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]

Total campaign contributions:

Support: |  $0.00
Opposition: |  $0.00

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

Lawsuit overview

Issue: Whether the ballot language is misleading
Court: Filed in Leon County Circuit Court, rejected by circuit judge James Shelfer, appealed by plaintiffs and forwarded to Florida Supreme Court
Ruling: Florida Supreme Court ruled in favor of defendants and ordered the amendment to appear on the 2018 ballot
Plaintiff(s): The counties of Miami-Dade, Volusia, and Broward| Defendant(s): State officials
Plaintiff argument:
The ballot language is misleading, the amendment combines more than a single subject, it would interfere with the counties' rights of self-government and control of local government structure | Defendant argument:
The amendment should appear on the ballot
Source: Miami Herald

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]

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.

### 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]

1. ↑ Counties could add additional early voting days from October 22 through October 26 and/or November 4.
2. ↑ Counties could add additional early voting days from October 22 through October 26 and/or November 4.
3. ↑ News Journal Online, "Volusia County challenges Amendment 10 to preserve charter," accessed December 20, 2018
4. ↑ Orlando Sentinel, "Volusia County sues to get exempted from Amendment 10," accessed December 20, 2018
5. ↑ Daytona Beach News-Journal, "Volusia loses Amendment 10 challenge; could appeal to higher court," March 12, 2019
6. ↑ Daytona Beach News-Journal, "Split Volusia Council votes to appeal Amendment 10 fate," March 19, 2019
7. ↑ The Daytona Bean News-Journal, "Volusia officials: 1st DCA rules against county in Amendment 10 appeal," August 17, 2020
8. ↑ Ormond Bean Observer, "Volusia County's Amendment 10 legal battle comes to an end," August 25, 2020
9. ↑ 9.0 9.1 9.2 Florida Constitution Revision Commission, "Proposal 6005," accessed April 16, 2018
10. ↑ 10.0 10.1 10.2 10.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid `<ref>` tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid `<ref>` tag; name "quotedisclaimer" defined multiple times with different content
11. ↑ 11.0 11.1 11.2 11.3 Tallahassee Democrat, "Vote yes on Amendment 10 and protect your right to vote," October 5, 2018
12. ↑ Florida Family Action, "2018 Ballot Amendment Voter Guide," accessed October 19, 2018
13. ↑ Libertarian Party of Florida, "LPF Voting Recommendations for the 2018 FL Ballot," accessed October 19, 2018
14. ↑ 14.0 14.1 League of Women Voters of Florida, "Amendments," accessed September 13, 2018
15. ↑ Democratic Progressive Caucus of Florida, "2018 Ballot Amendments Recommendations," accessed October 14, 2018
16. ↑ The Ledger, "Former elected officials fight ballot proposals," accessed August 23, 2018
17. ↑ Sun Sentinel, "Five good — seven bad — amendments for Florida’s Constitution | Editorial," accessed October 8, 2018
18. ↑ News-Press, "Editorial: Proposed amendments too much of a gamble; vote 'no' on 11 of them," accessed October 8, 2018
19. ↑ Tampa Bay Times, "Times recommends: Vote yes on Amendment 4, no on all of the rest," accessed October 8, 2018
20. ↑ Tallahassee Democrat, "Florida's constitutional amendments: Vote 'yes' on 4 and 11, 'no' on rest | Our opinion," accessed October 12, 2018
21. ↑ Your Observer, "A look at the rest of the questions on the ballot," accessed October 13, 2018
22. ↑ Treasure Coast Palm, "How to vote on 12 constitutional amendments on Nov. 6 ballot | Our view," accessed October 13, 2018
23. ↑ Jacksonville, "Editorial: Sorting out confusing amendments for the voters," accessed October 15, 2018
24. ↑ Herald Tribune, "Editorial: Amendments 10, 11, 12, 13," accessed October 18, 2018
25. ↑ Daily Commercial, "Our Opinion: Our recommendations on the amendments," accessed October 23, 2018
26. ↑ Ocala Star-Banner, "Editorial: No on 10, but yes on 11, 12," accessed October 24, 2018
27. ↑ The Independent Florida Alligator, "The Alligator's endorsements for Constitutional amendments and referenda," accessed October 31, 2018
28. ↑ The Orlando Sentinel, "Editorial: Florida's Election 2018: Our endorsements for governor, U.S. Senate, U.S. House and the amendments," accessed October 31, 2018
29. ↑ Miami Herald, "Learn how 12 Florida amendments affect your life, and your wallet, before you vote," accessed November 4, 2018
30. ↑ Florida Division of Elections, "Campaign Finance Database," accessed November 3, 2018
31. ↑ 31.0 31.1 Florida Constitution Revision Commission, "Proposal 9 Analysis," accessed May 14, 2018
32. ↑ Florida Constitution Revision Commission, "Proposal 13 Analysis," accessed May 14, 2018
33. ↑ 33.0 33.1 33.2 Florida Constitution Revision Commission, "Proposal 6005 Overview," accessed April 16, 2018
34. ↑ Florida Constitution Revision Commission, "Proposal 6006 Vote," April 16, 2018
35. ↑ Stargel was a subsititute commissioner for Jose “Pepe” Armas
36. ↑ Florida Constitution Revision Commission, "Proposal 9," accessed April 16, 2018
37. ↑ Florida Constitution Revision Commission, "Proposal 13," accessed April 16, 2018
38. ↑ Florida Constitution Revision Commission, "Proposal 26," accessed April 16, 2018
39. ↑ Florida Constitution Revision Commission, "Proposal 103," accessed April 16, 2018
40. ↑ Miami Herald, "Miami-Dade sues to block amendment that would force it to have an elected sheriff," accessed July 24, 2018
41. ↑ 41.0 41.1 Tampa Bay Times, "Counties sue to remove amendments from Florida’s November ballot," accessed July 24, 2018
42. ↑ Miami Herald, "This Florida constitutional amendment survives its first legal challenge," accessed August 13, 2018
43. ↑ News 4 Jax, "Justices agree to decide ballot fight on county offices," accessed August 15, 2018
44. ↑ Florida Watchdog, "Amendment 8 struck, three others stay on ballot," accessed September 8, 2018
45. ↑ Florida Secretary of State, "FAQ - Voting," accessed October 17, 2019
46. ↑ 46.0 46.1 Florida Division of Elections, "National Voter Registration Act (NVRA)," accessed October 6, 2019
47. ↑ 47.0 47.1 Florida Division of Elections, "Register to Vote or Update your Information," accessed October 6, 2019
48. ↑ Florida Division of Elections, "Election Day Voting," accessed September 29, 2019
49. ↑ 49.0 49.1 Florida Division of Elections, "Florida History: Voter ID at the Polls," accessed September 29, 2019
50. ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," June 5, 2017
51. ↑ The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
52. ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.

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