Florida 2004 Amendments and Referenda

Amendment 1

Ballot Summary:


CONSTITUTIONAL AMENDMENT

ARTICLE X, SECTION 22


ARTICLE X

MISCELLANEOUS



Section 22. Parental notification of termination of a minor’s pregnancy. The legislature shall not limit or deny the privacy right guaranteed to a minor under the United States Constitution as interpreted by the United States Supreme Court. Notwithstanding a minor’s right of privacy provided in Section 23 of Article I, the Legislature is authorized to require by general law for notification to a parent or guardian of a minor before the termination of the minor’s pregnancy. The Legislature shall provide exceptions to such requirement for notification and shall create a process for judicial waiver of the notification.


YES

NO


Information on Amendment 1:

Pro: www.frtl.org/LifeLink/2004/09-04%20LifeLink-ParNot2FRTL.pdf

Con: www.ppswcf.org/issuesActions.cfm

Amendment 2



Ballot Summary:


CONSTITUTIONAL AMENDMENT

ARTICLE IV, SECTION 10

ARTICLE XI, SECTION 5


CONSTITUTIONAL AMENDMENTS PROPOSED BY INITIATIVE



Proposing amendments to the State Constitution to require the sponsor of a constitutional amendment proposed by citizen initiative to file the initiative petition with the Secretary of State by February 1 of the year of a general election in order to have the measure submitted to the electors for approval or rejection at the following November’s general election, and to require the Florida Supreme Court to render an advisory opinion addressing the validity of an initiative petition by April 1 of the year in which the amendment is to be submitted to the electors.


YES

NO


Information on Amendment 2:

Pro: www.votesmartflorida.org/no_surprises.asp

Con: www.handsoffflorida.com

Amendment 3



Ballot Summary:


CONSTITUTIONAL AMENDMENT

ARTICLE I, SECTION 26


THE MEDICAL LIABILITY CLAIMANT’S COMPENSATION AMENDMENT



Proposes to amend the State Constitution to provide that an injured claimant who enters into a contingency fee agreement with an attorney in a claim for medical liability is entitled to no less than 70% of the first $250,000.00 in all damages received by the claimant, and 90% of damages in excess of $250,000.00, exclusive of reasonable and customary costs and regardless of the number of defendants. This amendment is intended to be self-executing.


The direct financial impact this amendment will have on state and local government revenues and

expenditures cannot be determined.


YES

NO


Click here for complete Amendment 3 financial impact statement


Information on Amendment 3:

Pro: www.citizensforafairshare.org

Con: www.factsonthree.com

Amendment 4



Ballot Summary:


CONSTITUTIONAL AMENDMENT

ARTICLE X, SECTION 19


AUTHORIZES MIAMI-DADE AND BROWARD COUNTY VOTERS TO APPROVE SLOT MACHINES IN PARAMUTUEL FACILITIES



Authorizes Miami-Dade and Broward Counties to hold referenda on whether to authorize slot machines in existing, licensed parimutuel facilities (thoroughbred and harness racing, greyhound racing, and jai alai) that have conducted live racing or games in that county during each of the last two calendar years before effective date of this amendment. The Legislature may tax slot machine revenues, and any such taxes must supplement public education funding statewide. Requires implementing legislation.


This amendment alone has no fiscal impact on government. If slot machines are authorized in

Miami-Dade or Broward counties, governmental costs associated with additional gambling will

increase by an unknown amount and local sales tax-related revenues will be reduced by $5 million to $8 million annually. If the Legislature also chooses to tax slot machine revenues, state tax revenues from Miami-Dade and Broward counties combined would range from $200 million to $500 million annually.


YES

NO


Click here for complete Amendment 4 financial impact statement


Information on Amendment 4:

Pro: www.yesforlocalcontrol.com

Con: www.nocasinosfl.com

Amendment 5



Ballot Summary:


CONSTITUTIONAL AMENDMENT

ARTICLE X


FLORIDA MINIMUM WAGE AMENDMENT



This amendment creates a Florida minimum wage covering all employees in the state covered by the federal minimum wage. The state minimum wage will start at $6.15 per hour six months after enactment, and thereafter be indexed to inflation each year. It provides for enforcement, including double damages for unpaid wages, attorney’s fees, and fines by the state. It forbids retaliation against employees for exercising this right.


The impact of this amendment on costs and revenues of state and local governments is expected to

be minimal.


YES

NO


Click here for complete Amendment 5 financial impact statement


Information on Amendment 5:

Pro: www.floridiansforall.org

Con: www.savefloridajobs.com

Amendment 6



Ballot Summary:


CONSTITUTIONAL AMENDMENT

ARTICLE X, SECTION 19


REPEAL OF HIGH SPEED RAIL AMENDMENT



This amendment repeals an amendment in the Florida Constitution that requires the Legislature, the Cabinet and the Governor to proceed with the development and operation of a high speed ground transportation system by the state and/or by a private entity.


The probable financial impact of passage of this amendment is a state cost savings ranging from $20 billion to $25 billion over the next 30 years. This estimate assumes the repeal of associated laws, the use of state bonds to finance construction, and could be reduced by federal or private sector funding.


YES

NO


Click here for complete Amendment 6 financial impact statement


Information on Amendment 6:

Pro: www.derailthebullettrain.com

Con: www.therailtruth.com

Amendment 7



Ballot Summary:


CONSTITUTIONAL AMENDMENT

ARTICLE X, SECTION 22


PATIENTS’ RIGHT TO KNOW ABOUT ADVERSE MEDICAL INCIDENTS



Current Florida law restricts information available to patients related to investigations of adverse medical incidents, such as medical malpractice. This amendment would give patients the right to review, upon request, records of health care facilities’ or providers’ adverse medical incidents, including those which could cause injury or death. Provides that patients’ identities should not be disclosed.


The direct financial impact this amendment will have on state and local government revenues and

expenditures cannot be determined, but is expected to be minimal. State agencies will incur some

additional costs to comply with public records requirements of the amendment, but these costs will be generally offset by fees charged to the persons requesting the information.


YES

NO


Click here for complete Amendment 7 financial impact statement


Information on Amendment 7:

Pro: www.floridiansforpatientprotection.org/voteYes.html

Con: www.fmaonline.org/amend78.html

Amendment 8



Ballot Summary:


CONSTITUTIONAL AMENDMENT

ARTICLE X, SECTION 20


PUBLIC PROTECTION FROM REPEATED MEDICAL MALPRACTICE



Current law allows medical doctors who have committed repeated malpractice to be licensed to practice medicine in Florida. This amendment prohibits medical doctors who have been found to have committed three or more incidents of medical malpractice from being licensed to practice medicine in Florida.


The direct financial impact on state and local governments resulting from the proposed initiative would be minimal. There will likely be additional costs to the state of less than $1 million per year, but these costs will be offset by licensure fees.


YES

NO


Click here for complete Amendment 8 financial impact statement


Information on Amendment 8:

Pro: www.floridiansforpatientprotection.org/voteYes.html

Con: www.fmaonline.org/amend78.html