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Florida Amendment 6, Education of Children Amendment (1998)

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Florida Amendment 6

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Election date

November 3, 1998

Topic
Education
Status

ApprovedApproved

Type
Commission-referred constitutional amendment
Origin

State commission



Florida Amendment 6 was on the ballot as a commission-referred constitutional amendment in Florida on November 3, 1998. It was approved.

A “yes” vote supported establishing the education of children as a fundamental value of the people of Florida and requiring the state to provide an efficient, safe, secure, and high quality education system.

A “no” vote opposed establishing the education of children as a fundamental value of the people of Florida and requiring the state to provide an efficient, safe, secure, and high quality education system.


Election results

Florida Amendment 6

Result Votes Percentage

Approved Yes

2,623,889 71.04%
No 1,069,406 28.96%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Amendment 6 was as follows:

Delcares the education of children to be a fundamental value of the people of Florida; establishes adequate provision for education as a paramount duty of the state; expands constitutional mandate requiring the state to make adequate provision for a uniform system of free public schools by also requiring the state to make adequate provision for an efficient, safe, secure, and high quality system.

Full Text

The full text of this measure is available here.


Constitutional changes

The measure amended Article IX of the Florida Constitution. The following underlined text was added and struck-through text was deleted:[1]

SECTION 1. System of Public education.--The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require.[2]

Aftermath

Citizens for Strong Schools v. Board of Education

The Citizens for Strong Schools v. Board of Education lawsuit was filed on November 18, 2009, in the Leon County Circuit Court by Attorneys Jon Mills, Thom Rumberger, and Neil Chonin and Jodie Seigel of nonprofit law firm Southern Legal Counsel. The lawsuit alleged that the state failed to "make adequate provision for a uniform, efficient, safe, secure, and high-quality system of free public schools that allows students to obtain a high-quality education" as mandated by Amendment 6 of 1998.[3][1][4]

On January 4, 2019, the Florida Supreme Court rejected the lawsuit. Chief Justice Charles Canady, Justice Alan Lawson and Associate Justice Edward LaRose said plaintiffs failed “to present any manageable standard by which to avoid judicial intrusion into the powers of the other branches of government.” Chief Justice Charles Canady said, "The judiciary is very good at making certain types of decisions — that is, judicial decisions— but it lacks the institutional competence — or the constitutional authority — to make the monumental funding and policy decisions that [the plaintiffs] seek to shift to the judicial branch."[4]

Lawsuit timeline

Following is a timeline of the lawsuit from its 2009 filing to the 2019 state supreme court ruling:[4][5][6]

  • January 4, 2019: Florida Supreme Court rejected the lawsuit on the grounds that the judicial branch lacks the competence or authority to make funding and policy decisions[4]
  • November 8, 2018: Florida Supreme Court agreed to hear the case after asked by attorneys for Citizens for Strong Schools
  • March 2016: Trial held at the Leon County circuit court, where presiding judge George S. Reynolds, III dismissed the case, ruling that plaintiffs failed to prove that the state failed to meet their obligations mandated by Amendment 6 under Article IX
  • September 11, 2012: The Florida Supreme Court declined to accept jurisdiction and sent the case back to the Leon County circuit court
  • November 2011: The First District Court of Appeals panel of 15 judges voted 8 to 7 to deny the Writ of Prohibition and certify the suit as a “question of public importance,” which sent the case to the Florida Supreme Court
  • June 30, 2011: Hearing took place after the state appealed the denied Motion to Dismiss by filing an Extraordinary Writ of Prohibition, arguing that the courts have no authority to rule on the actions of the legislature
  • August 27, 2010: Circuit Judge Jackie Fulford denied the State of Florida’s Motion to Dismiss and ruled that the plaintiffs in the case had standing
  • November 18, 2009: Lawsuit filed in Leon County circuit court

Path to the ballot

The Florida Constitution Revision Commission referred the measure to the ballot.

See also


External links

Footnotes