Florida Property Rights and Illegal Aliens Act, Amendment 1 (2008)

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Florida Amendment 1, also known as the Property Rights and Illegal Aliens Act, was a legislatively-referred constitutional amendment on the November 4, 2008 election ballot in Florida, where it was defeated.

  • The amendment modified Article I, Section 2 of the Florida Constitution to delete a provision allowing the legislature to regulate property rights of aliens not eligible for citizenship.[1]
  • The amendment was largely described as a clean-up measure for the Florida Constitution, deleting regressive and outdated language.

Election results

Florida Amendment 1 (2008)
ResultVotesPercentage
Defeatedd No3,871,70452.07%
Yes 3,564,090 47.93%

Election Results via: Florida Department of State Division of Elections

Text of measure

The ballot title read:

DECLARATION OF RIGHTS[1][2]

The ballot summary read:

Proposing an amendment to the State Constitution to delete provisions authorizing the Legislature to regulate or prohibit the ownership, inheritance, disposition, and possession of real property by aliens ineligible for citizenship.[1][2]

Constitutional changes

The text of the amendment read:

ARTICLE I
DECLARATION OF RIGHTS

SECTION 2. Basic rights. -- All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability.[1]

Support

Supporter

  • The Organization of Chinese Americans, a non-profit group and minority rights advocate[3]
  • Florida League of Women Voters[4]

Arguments

  • The measure would removed an outdated and discriminatory passage from Florida's constitution.[5]

Opposition

Arguments

  • There is no present Florida statute prohibiting ownership of property by aliens ineligible for citizenship.[5]

Media editorial positions

Support

  • Gainesville Sun[4]

Path to the ballot

  • Article 1, Sec. 2 of Florida’s constitution contains regressive language that authorizes the Legislature "to regulate or prohibit the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship."[4] This measure was to remove that language.
  • It was placed on the ballot on May 18, 2007.

See also

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References