Florida Amendment 7, First Responder and Military Member Survivor Benefits, Supermajority Board Votes for College Fees, and State College System Amendment (2018)

Elections in Florida, 2018

• General election: Nov. 6
• Voter registration deadline: Oct. 9
• Early voting: Oct. 27 - Nov. 3
• 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.

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Florida Amendment 7
Election date November 6, 2018
Topic Education and Insurance
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 7, the First Responder and Military Member Survivor Benefits, Supermajority Board Votes for College Fees, and State College System 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 employers to provide death benefits, as the state legislature defines, to the surviving spouses of first responders while engaged in official duties; require the state to provide death benefits, as the state legislature defines, to the surviving spouses of active-duty U.S. Armed Forces members who are accidentally killed or unlawfully and intentionally killed; require a nine-member vote of the board of trustees and 12-member vote of the board of governors to increase a college fee; and place the current structure of the state's system of higher education in the Florida Constitution.

A "no" vote opposed this amendment to: require employers to provide death benefits, as the state legislature defines, to the surviving spouses of first responders while engaged in official duties; require the state to provide death benefits, as the state legislature defines, to the surviving spouses of active-duty U.S. Armed Forces members who are accidentally killed or unlawfully and intentionally killed; require a nine-member vote of the board of trustees and 12-member vote of the board of governors to increase a college fee; and place the current structure of the state's system of higher education in the Florida Constitution.

In Florida, a constitutional amendment requires a 60 percent supermajority vote at the ballot for approval.

Election results

Florida Amendment 7
Result		Votes	Percentage
Yes		5,148,300	65.76%
No		2,680,942	34.24%

Results are officially certified.

Source

Overview

How did this measure get on the ballot?

The Florida Constitution Revision Commission (CRC) voted 30-7 to place Amendment 7, which is composed of three 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 7 was a package of three constitutional amendments, 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 three constitutional amendments. Voting “no” on the ballot measure was a vote to reject the three constitutional amendments.

What changes to state law did the measure make?

Amendment 7 made changes to the state’s law regarding death benefits for survivors of first responders and military members, the vote requirements to increase college fees, and the state college system.

Establishing death benefits for survivors of first responders and military members

Amendment 7 required employers to provide death benefits, as the state legislature defines, to the surviving spouses of first responders while engaged in official duties. The measure required the state to provide death benefits, as the state legislature defines, to the surviving spouses of active-duty U.S. Armed Forces members who are accidentally killed or unlawfully and intentionally killed. The measure also required the state to waive certain educational expenses, as defined in statute, for the surviving children or spouse of the deceased first responder or military member in order to obtain a career certificate, an undergraduate education, or a postgraduate education.

Amendment 7 defined first responders to include (a) firefighters; (b) paramedics; (c) emergency medical technicians (EMTs); (d) law enforcement officers; (e) correctional officers; (f) correctional probation officers; and (g) members of the Florida National Guard.

As of 2018, state statutes provided for death benefits for law enforcement, correctional, and correctional probation officers, firefighters, and members of the Florida National Guard. The statutes required that the employer of the first responder pay the death benefit to survivors. The death benefits ranged from $50,000 to $150,000, depending on the circumstances of death.

Requiring a supermajority vote to increase college fees

Amendment 7 also required a nine-member vote of a university's 13-member board of trustees (69.23 percent) and 12-member vote of the 17-member state board of governors (70.59 percent) to increase a college fee. As of 2018, a simple majority vote of a university's board of trustees and the state board of governors was needed to increase a college fee.

Adding structure of state college system to constitution

Amendment 7 placed the existing structure of the state's system of higher education in the Florida Constitution. The measure also stated that the purpose of the state's system of higher education was "to achieve excellence and to provide access to undergraduate education to the students of this state;" "to originate articulated pathways to a baccalaureate degree;" "to ensure superior commitment to teaching and learning;" and "to respond quickly and efficiently to meet the demand of communities by aligning certificate and degree programs with local and regional workforce needs."

The system added to the state constitution required that:

• there be a single state college system comprised of all public community and state colleges:
• a local board of trustees shall govern each institution;
• members of a board of trustees must be a resident of the college's service delivery area;
• members of a board of trustees are appointed by the governor, subject to confirmation by the state Senate, to four-year terms; and
• the state board of education shall supervise the state college system;

Text of measure

Ballot title

The ballot title was as follows:

“

FIRST RESPONDER AND MILITARY MEMBER SURVIVOR BENEFITS; PUBLIC COLLEGES AND UNIVERSITIES.

”

Ballot summary

The ballot summary was as follows:

“

Creates mandatory payment of education and compensation benefits to qualifying survivors of certain first responders and military members who die performing official duties. Requires supermajority votes by university trustees and state university system board of governors to raise or impose all legislatively authorized fees if law requires approval by those bodies. Establishes existing state college system as constitutional entity; provides governance structure.

”

Constitutional changes

See also: Florida Constitution

Amendment 7 amended Sections 7 and 8 of Article IX of the Florida Constitution and added a new section to Article X of the state constitution. The following underlined text was added and struck-through text was deleted:

Note: Hover over the text and scroll to see the full text.

Section 7 of Article IX

State University System.—(a) PURPOSES. In order to achieve excellence through teaching students, advancing research and providing public service for the benefit of Florida's citizens, their communities and economies, the people hereby establish a system of governance for the state university system of Florida.

(b) STATE UNIVERSITY SYSTEM. There shall be a single state university system comprised of all public universities. A board of trustees shall administer each public university and a board of governors shall govern the state university system.

(c) LOCAL BOARDS OF TRUSTEES. Each local constituent university shall be administered by a board of trustees consisting of thirteen members dedicated to the purposes of the state university system. The board of governors shall establish the powers and duties of the boards of trustees. Each board of trustees shall consist of six citizen members appointed by the governor and five citizen members appointed by the board of governors. The appointed members shall be confirmed by the senate and serve staggered terms of five years as provided by law. The chair of the faculty senate, or the equivalent, and the president of the student body of the university shall also be members.

(d) STATEWIDE BOARD OF GOVERNORS. The board of governors shall be a body corporate consisting of seventeen members. The board shall operate, regulate, control, and be fully responsible for the management of the whole university system. These responsibilities shall include, but not be limited to, defining the distinctive mission of each constituent university and its articulation with free public schools and community colleges, ensuring the well-planned coordination and operation of the system, and avoiding wasteful duplication of facilities or programs. The board's management shall be subject to the powers of the legislature to appropriate for the expenditure of funds, and the board shall account for such expenditures as provided by law. The governor shall appoint to the board fourteen citizens dedicated to the purposes of the state university system. The appointed members shall be confirmed by the senate and serve staggered terms of seven years as provided by law. The commissioner of education, the chair of the advisory council of faculty senates, or the equivalent, and the president of the Florida student association, or the equivalent, shall also be members of the board.

(e) FEES. Any proposal or action of a constituent university to raise, impose, or authorize any fee, as authorized by law, must be approved by at least nine affirmative votes of the members of the board of trustees of the constituent university, if approval by the board of trustees is required by general law, and at least twelve affirmative votes of the members of the board of governors, if approval by the board of governors is required by general law, in order to take effect. A fee under this subsection shall not include tuition.

Section 8 of Article IX

State College System.—(a) PURPOSES. In order to achieve excellence and to provide access to undergraduate education to the students of this state; to originate articulated pathways to a baccalaureate degree; to ensure superior commitment to teaching and learning; and to respond quickly and efficiently to meet the demand of communities by aligning certificate and degree programs with local and regional workforce needs, the people hereby establish a system of governance for the state college system of Florida.

(b) STATE COLLEGE SYSTEM. There shall be a single state college system comprised of all public community and state colleges. A local board of trustees shall govern each state college system institution and the state board of education shall supervise the state college system.

(c) LOCAL BOARDS OF TRUSTEES. Each state college system institution shall be governed by a local board of trustees dedicated to the purposes of the state college system. A member of a board of trustees must be a resident of the service delivery area of the college. The powers and duties of the boards of trustees shall be provided by law. Each member shall be appointed by the governor to staggered 4-year terms, subject to confirmation by the senate.

(d) ROLE OF THE STATE BOARD OF EDUCATION. The state board of education shall supervise the state college system as provided by law.

New Section of Article X

Death benefits for survivors of first responders and military members.—(a) A death benefit shall be paid by the employing agency when a firefighter; a paramedic; an emergency medical technician; a law enforcement, correctional, or correctional probation officer; or a member of the Florida National Guard, while engaged in the performance of their official duties, is:

(1) Accidentally killed or receives accidental bodily injury which results in the loss of the individual’s life, provided that such killing is not the result of suicide and that such bodily injury is not intentionally self-inflicted; or

(2) Unlawfully and intentionally killed or dies as a result of such unlawful and intentional act or is killed during active duty.

(b) A death benefit shall be paid by funds from general revenue when an active duty member of the United States Armed Forces is:

(1) Accidentally killed or receives accidental bodily injury which results in the loss of the individual’s life, provided that such killing is not the result of suicide and that such bodily injury is not intentionally self-inflicted; or

(2) Unlawfully and intentionally killed or dies as a result of such unlawful and intentional act or is killed during active duty.

(c) If a firefighter; a paramedic; an emergency medical technician; a law enforcement, correctional, or correctional probation officer; or an active duty member of the Florida National Guard or United States Armed Forces is accidentally killed as specified in paragraphs (a)(1) and (b)(1), or unlawfully and intentionally killed as specified in paragraphs (a)(2) and (b)(2), the state shall waive certain educational expenses that the child or spouse of the deceased first responder or military member incurs while obtaining a career certificate, an undergraduate education, or a postgraduate education.

(d) The legislature shall implement this section by general law.

(e) This section shall take effect on July 1, 2019.

Readability score

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 19, and the FRE is -20. The word count for the ballot title is 11, and the estimated reading time is two seconds. The FKGL for the ballot summary is grade level 18.5, and the FRE is -1. The word count for the ballot summary is 62, and the estimated reading time is 16 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

Commissioners Nicole Washington and Emery Gainey sponsored the proposals that became this amendment in the Florida Constitution Revision Commission.

Supporters

• Association of Florida Colleges
• Republican Party of Palm Beach County

Opposition

Opponents

• League of Women Voters of Florida
• Florida Education Association
• Democratic Progressive Caucus of Florida
• 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.
• Libertarian Party of Florida
• Tampa Bay Young Republicans

Arguments

The League of Women Voters of Florida argued, "We oppose a supermajority vote to increase fees or taxes. Family members of the military who die in the line of service are already compensated through the federal government."

Media editorials

See also: 2018 ballot measure media endorsements

Support

• The Herald-Tribune said: "Amendment 7 would heighten the criteria for increasing student fees at universities, enhance the constitution’s recognition of state colleges and mandate certain benefits for first responders who die in the line of duty. Limits on university fees would be better addressed in law; the first-responder benefits are already covered by state laws. Although it is thus tempting to recommend against this bundle of provisions, the value of the amendment to the Florida College System warrants approval. State College of Florida, which effectively serves Manatee and Sarasota counties, strongly supports the amendment because the state colleges are the only education system not recognized in the constitution. We defer to SCF’s position and recommend voting YES, for Amendment 7."
• Orlando Sentinel said: "In this case, the supermajority requirement is less burdensome than the one found in Amendment 5 because boards of trustees often are on the same page and have fewer political motivations than legislators. The proposals to expand death benefits to families of all first responders bring more fairness to the system, while enshrining the State College System in the constitution strikes us as a good housekeeping measure."

Opposition

• The Sun-Sentinel said: "A hearty NO. Another example of logrolling, it mixes restraints on college and university fees — governing boards would need supermajorities to raise them — with entirely unrelated death benefits to families of first responders and military personnel killed in action (the law already provides for some), and gives constitutional status to the boards that govern higher education. With state support lagging, the colleges need fee flexibility. The commission had no business meddling with them."

• The News-Press said: "No on Amendment 7: This amendment runs the gamut of the absurd. A part of it expands the protection of benefits and educational expenses for survivors of certain first responders and military members who die performing official duties. Then the amendment goes off the rails. It also includes requiring supermajority votes by university trustees and state university system board of governors to raise or impose legislatively authorized fees if law requires approval by those bodies. It also calls for a minor change in the Constitution, recognizing colleges in the state college system, which are no referred to as community colleges in the Constitution."

• The Tampa Bay Times said: "This is another amendment that jumbles together three issues. The fee issue is the major stumbling block here, as universities are already strapped for cash, and this would make it far harder — requiring much more than a majority — to raise them. On Amendment 7, the Tampa Bay Times recommends voting No."

• 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."

• Your Observer said: "What if one day it makes sense for all of Florida’s public universities and colleges to be governed by one set of trustees and a board of governors? If this amendment passes, that option is virtually eliminated. The governance of state colleges can be addressed through statutes; it doesn’t need to be in the constitution. This amendment is a mish-mash of good intentions, vaguely worded. We recommend: Vote no."

• The Treasure Coast Newspapers said: "Our recommendation: NO. Again, the Constitution Revision Commission bundled three different proposals. We are philosophically opposed to asking voters to cast a single vote for multiple changes to the state constitution. "

• The Palm Beach Post said: "Amendment 7 is ... flawed. While it ensures death benefits for survivors of first-responders or military members, it also mandates a two-thirds vote by university overseers to raise student fees. Not smart. Who knows what schools’ needs will be?"

Additional editorial endorsements

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

• The Florida Times-Union
• Ocala.com
• The Daily Commercial
• The Independent Florida Alligator
• The Miami Herald

Campaign finance

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

See also: Campaign finance requirements for Florida ballot measures

There were no ballot measure committees registered in support of the measure or in opposition to the measure.

Polls

See also: Ballotpedia's approach to covering polls

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.

Support and Opposition for Amendment 7
Poll	Support	Oppose	Undecided	Margin of error	Sample size
Florida Chamber of Commerce Poll 5/25/18 - 6/2/18	80%	7%	13%	+/-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.

Background

University fees

The Florida State Legislature, as of 2018, established in-state undergraduate tuition for state universities. However, the state board of governors and each university’s board of trustees were responsible for setting different college fees. The 17-member state board of governors established out-of-state fees for all programs. Each of the 13 public universities in Florida had a 13-member board of trustees, which was responsible for establishing fees related to:

• services, activities, and health;
• financial aid;
• technology;
• equipment;
• applications, orientation, ID cards, and transcripts;
• traffic violations;
• childcare services; and
• the Capital Improvement Trust Fund.

As of 2018, the state board of governors and each university’s board of trustees could increase fees through a simple majority vote—nine of 17 members of the Board of Governors and seven of 13 members of a board of trustees.

Path to the ballot

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. 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 6002

In the CRC, the ballot measure was known as Proposal 6002. The measure needed to receive the vote of 22 commissions. On April 16, 2018, a total of 27 members (72.97 percent) voted "yes" on Proposal 6002. Ten members (27.03 percent) voted "no" on the proposal.

Proposal 44, Proposal 49, and Proposal 83 were combined to create Proposal 6002.

The following table illustrates how individual commissioners voted on Proposal 6002:

Commissioner	Appointed by	Occupation	Vote
Anna Marie Hernandez Gamez	Senate president	Former President, Cuban American Bar Association; Attorney	a
Arthenia Joyner	Chief Justice	Former State Senator; Attorney	d
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	a
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	d
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	d
John Stargel	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	a
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	a
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 44

Commissioner Nicole Washington was the lead sponsor of Proposal 44. The proposal was designed to require a nine-member vote of the board of trustees and 12-member vote of the board of governors to increase a college fee. On March 21, 2018, Proposal 44 was approved 29 to four with four commissioners not voting. Proposal 44 needed to receive a simple majority vote of the commissioners to move forward.

Proposal 49

Commissioner Emery Gainey was the lead sponsor of Proposal 49. The proposal was designed to require death benefits for the survivors of specified first responders and military members. On March 19, 2018, Proposal 49 was approved 25 to seven with five commissioners not voting. Proposal 49 needed to receive a simple majority vote of the commissioners to move forward.

Proposal 83

Commissioner Nicole Washington was the lead sponsor of Proposal 83. The proposal was designed to add to the state constitution that there is a state college system for all public community and state colleges and that each college has a local board of trustees. On March 21, 2018, Proposal 83 was approved 26 to eight with three commissioners not voting. Proposal 83 needed to receive a simple majority vote of the commissioners to move forward.

Lawsuit

  

Lawsuit overview
Issue: Whether amendments put on the ballot by the Florida Constitution Revision Commission combine independent and unrelated subjects into one amendment, whether the structure of the amendments violate voters' First Amendment rights not to be required to pay a price for the right to vote for or against the proposed amendments
Court: Filed in Florida Supreme Court. Supreme Court transferred the case down to Leon County Circuit Court. Appealed to the First District Court of Appeals. Case taken up by Supreme Court on September 12, 2018.
Ruling: Ruled in favor of plaintiffs. Defendant appealed to the First District Court of Appeals, case moved to Supreme Court. On October 17, 2018, the Supreme Court overturned the lower court's ruling, instead ordering Amendments 7, 9, and 11 to remain on the ballot and votes on the measures to be counted.
Plaintiff(s): Retired Florida chief justice Harry Lee Anstead and former Florida Elections commissioner Robert J. Barnas	Defendant(s): Florida Secretary of State Ken Detzner
Plaintiff argument: Amendment numbers 6, 7, 8, 9, 10, and 11, put on the ballot by the Florida Constitution Revision Commission combine independent and unrelated subjects into one amendment, voters cannot accurately vote on the issues bundled within each amendment, they should be removed from the ballot. Also, the ballot language for Amendment 8 is misleading.	Defendant argument: Amendments proposed by the constitution revision commission do not need to abide by the single subject rule, only initiatives proposed by the public are bound by the single-subject rule. Detzner did not violate Florida law by certifying the measures for the ballot.

  Source: Florida Supreme Court filings

Harry Lee Anstead and Robert J. Barnas v. Florida Secretary of State Ken Detzner

On August 14, 2018, Retired Florida chief justice Harry Lee Anstead and former Florida Elections commissioner Robert J. Barnas filed a lawsuit against Florida Secretary of State Ken Detzner in the Florida Supreme Court alleging that six measures placed on the ballot by the Florida Constitution Revision Commission should be removed from the ballot because they combine independent and unrelated subjects into one amendment. Additionally, the lawsuit alleged that the ballot language for Amendment 8 failed to clearly specify its intent, and was deceptive and misleading. The plaintiffs wanted the court to order the secretary of state to justify why the measures are allowed to be on the ballot or remove them from the ballot.

Involved in different lawsuits, the Florida Supreme Court ordered Amendments 6 and 10 to appear on the ballot while Amendment 8 was removed from the ballot. On October 17, 2018, the Supreme Court overturned a lower court's ruling and ordered Amendments 7, 9, and 11 to remain on the ballot also.

The amendments that were challenged in the lawsuit are listed below:

Type	Title	Subject	Description
CR	Amendment 6	Judiciary	Adds a Marsy's Law to state constitution, increases judicial retirement age to 75, and prohibits judges from deferring to administrative agencies in interpreting law
CR	Amendment 7	Education	Requires death benefits for first responders and military members, a supermajority vote for college fees, and adds state college system structure to constitution
CR	Amendment 8	Education	Establishes school board term limits, allows state to operate non-board established schools, and requires civic literacy in public education
CR	Amendment 9	Environment	Bans offshore oil and gas drilling and vaping in enclosed indoor workplaces
CR	Amendment 10	Admin of Gov't	Prohibits counties from abolishing certain local offices, changes start date of legislative sessions, and adds an executive office and executive department to constitution
CR	Amendment 11	Admin of Gov't	Repeals the following: (a) a prohibition against aliens owning property, (b) a requirement for a high-speed ground transportation system, and (c) a provision saying that changes to a criminal statute are not retroactive

Timeline

• On October 17, 2018, the Supreme Court overturned the lower court's ruling, instead ordering Amendments 7, 9, and 11 to remain on the ballot and votes on the measures to be counted.

• On September 12, 2018, the Florida Supreme Court accepted the case. By September 24, 2018, briefs had been filed by both parties.

• On September 7, 2018, Leon County Circuit Court Judge Karen Gievers ruled that Amendments 7, 9, and 11 must be removed from the ballot. Gievers said Amendments 7 and 9 combined independent and unrelated provisions in a single amendment, preventing voters from making a single decision on what provisions of the amendment to support. She also ruled that Amendment 11 was misleading. Secretary of State Ken Detzner appealed the case to the First District Court of Appeals. Gievers' ruling did not concern Amendments 6, 8, or 10 because they were involved in other lawsuits. Amendments 6 and 10 were ordered to appear on the ballot while Amendment 8 was removed from the ballot by the Supreme Court.

• On August 29, 2018, the Florida Supreme Court transferred the case down to a lower court, the Leon County Circuit Court. The justices wrote, "The transfer of this case should not be construed as an adjudication or comment on the merits of the petition nor that the petition has been properly denominated as a petition for writ of quo warranto. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition."

• Florida Attorney General Pam Bondi responded to the suit on behalf of Secretary of State Ken Detzner. Bondi argued that only initiatives proposed by the public are subject to the single-subject rule and that amendments placed on the ballot by the Constitution Revision Commission are not bound to abide by the single-subject rule. According to documents filed by Bondi, the state also argued that Detzner did not violate Florida law by placing the amendments on the ballot.

How to cast a vote

See also: Voting in Florida

Poll times

In Florida, all polls are open from 7:00 a.m. to 7:00 p.m. local time. Florida is divided between the Eastern and Central time zones. An individual who is in line at the time polls close must be allowed to vote.

Registration requirements

Check your voter registration status here.

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. Pre-registration is available beginning at 16 years of age.

Voters may retrieve registration applications at the following locations:

• Local elections offices
• Public assistance agencies
• Disability services agencies
• Independent living centers
• Military recruitment offices
• Public libraries
• Drivers license office
• Tax collector's office
• The office of any entity authorized by the Florida Fish and Wildlife Conservation Commission to issue fishing, hunting, or trapping permits

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

Click here to find your county Supervisor of Elections.

Automatic registration

Florida does not practice automatic voter registration.

Online registration

See also: Online voter registration

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

Voters may also apply for or modify their voter registration status while renewing their driver's license through the Florida Department of Highway Safety and Motor Vehicles’ online renewal system here.

Same-day registration

Florida does not allow same-day voter registration.

Residency requirements

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

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

Florida does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, "it is a 3rd degree felony to submit false information."

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

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

Voter ID requirements

Florida requires voters to present photo identification with a signature while voting.

The following list of accepted ID was current as of July 2024. 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.

State profile

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

See also: Presidential voting trends in Florida

Florida voted Republican in five out of the seven presidential elections between 2000 and 2024.

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.

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
• Endorsers in Florida
• Florida fact checks
• More...

See also

2018 measures

• 2018 ballot measures
• State judiciary on the ballot
• Law enforcement on the ballot

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

• Proposal 6002