south florida voter's guide - league of women's voters

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LEAGUE OF WOMEN VOTERS OF FLORIDA EDUCATION FUND WWW.BEREADYTOVOTE.ORG BE PREPARED, BE INFORMED, BE A VOTER 2012 FLORIDA ELECTION & VOTER GUIDE Patriotism: More than Just Saying the Pledge of Allegiance Barack Obama (D) Age: 51 | Hometown: Chicago, Illinois | Education: Columbia University, B.A., 1983; Harvard Law School, J.D., 1991 | Website: www.FL.BarackObama.com Vision Statement: Putting Americans back to work is job one. But we have to do more. I am taking aggressive steps to put Americans back to work and create an economy where hard work pays and responsibility is rewarded. For years before the economic crisis, middle-class security had been slipping away. Wages stagnated while health care costs soared. We have to reclaim the security the middle class has lost by restoring the basic values that made our country great. America prospers when we’re all in it together — when hard work pays off and responsibility is rewarded. We need an economy built to last — that creates jobs of the future and makes things the rest of the world buys — not one built on outsourcing, loop- holes and risky financial deals that jeopardize our entire economy. When I took office, my administration both addressed the immediate economic crisis and laid the foundation for an economy that’s built to last. We’ve added back more than 4.5 million private sector jobs and seen 29 straight months of job growth, but there’s more work to do. PRESIDENT PRESIDENT PRESIDENT PRESIDENT Mitt Romney (R) Age: 65 | Education: Brigham Young University, B.A., 1971; Harvard University, M.B.A., J.D., 1975 | Hometown: Boston, Massachusetts | Website: www.MittRomney.com Vision Statement: I am running for president because I believe in America and know that our best days are still ahead. I believe that the principles that made America the leader of the world today — freedom, opportunity, and free enterprise to name just a few — are the very principles that will keep America the leader of the world tomorrow. These last few years have not been the best of times. But, while we’ve lost a few years, we have not lost our way. INSIDE THIS NONPARTISAN VOTER GUIDE U.S. Senate Candidates p. 2 Florida Constitutional Amendments p. 3 Florida Supreme Court Merit Retention p. 9 By Deirdre Macnab, President League of Women Voters of Florida Have you ever had anyone say to you, “What difference does my vote make?” The history of our country is marked by the importance of one vote. Women got the right to vote....by one vote. America decided to go to war with Mexico...by one vote. President Rutherford B. Hayes was elected...by one vote. And of course, the 2000 presidential election was decided by only 537 votes…in Florida. Some people say, “I don’t know enough about the candidates or the issues to vote knowledgeably.” This Voter Guide will give you nonpartisan information on the statewide candidates and the 11 constitutional amendments on the Florida ballot. Do the research you have time for and simply make the best choice you can. Otherwise, you will allow others to make the decision for you. And it is a decision that affects the future of Florida’s economy, jobs, housing, health care, education, natural resources and families. America is the land of opportunity and relies on you, as a citizen, to help pick our leaders. We, as fellow citizens, have volunteered our time to bring this Voter Guide to you, to help encourage you and arm you with the information necessary to perform the most important job of all: picking our future leadership. Is it worth your investment of a few minutes? You bet it is!

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Page 1: South Florida Voter's Guide - League of Women's Voters

LEAGUE OF WOMEN VOTERS OF FLORIDA EDUCATION FUND WWW.BEREADYTOVOTE.ORG BE PREPARED, BE INFORMED, BE A VOTER

2012 FLORIDA ELECTION & VOTER GUIDE

Patriotism: More than Just Saying the Pledge of Allegiance

Barack Obama (D)Age: 51 | Hometown: Chicago, Illinois | Education: Columbia University, B.A., 1983; Harvard Law School, J.D., 1991 | Website: www.FL.BarackObama.com

Vision Statement: Putting Americans back to work is job one. But we have to do more. I am taking aggressive steps to put Americans back to work and create an economy where hard work pays and responsibility is rewarded. For years before the economic crisis, middle-class security had been slipping away. Wages stagnated while health care costs soared. We have to reclaim the security the middle class has lost by restoring the basic values that made our country great. America prospers when we’re all in it together — when hard work pays off and responsibility is rewarded. We need an economy built to last — that creates jobs of the future and makes things the rest of the world buys — not one built on outsourcing, loop-holes and risky financial deals that jeopardize our entire economy. When I took office, my administration both addressed the immediate economic crisis and laid the foundation for an economy that’s built to last. We’ve added back more than 4.5 million private sector jobs and seen 29 straight months of job growth, but there’s more work to do.

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Mitt Romney (R) Age: 65 | Education: Brigham Young University, B.A., 1971; Harvard University, M.B.A., J.D., 1975 | Hometown: Boston, Massachusetts | Website: www.MittRomney.com Vision Statement: I am running for president because I believe in America and know that our best days are still ahead. I believe that the principles that made America the leader of the world today — freedom, opportunity, and free enterprise to name just a few — are the very principles that will keep America the leader of the world tomorrow. These last few years have not been the best of times. But, while we’ve lost a few years, we have not lost our way.

INSIDE THIS NONPARTISAN VOTER GUIDE U.S. Senate Candidates p. 2 Florida Constitutional Amendments p. 3 Florida Supreme Court Merit Retention p. 9

By Deirdre Macnab, President League of Women Voters of Florida

Have you ever had anyone say to you, “What difference does my vote make?”

The history of our country is marked by the importance of one vote. Women

got the right to vote....by one vote. America decided to go to war with Mexico...by one vote. President Rutherford B. Hayes was elected...by one vote. And of course, the 2000

presidential election was decided by only 537 votes…in Florida.

Some people say, “I don’t know enough about the candidates or the issues to vote knowledgeably.”

This Voter Guide will give you nonpartisan information on the statewide candidates and the 11 constitutional amendments on the Florida ballot. Do the research you have time for and simply make the best choice you can. Otherwise, you will allow others to make the decision for you. And it is a decision

that affects the future of Florida’s economy, jobs, housing, health care, education, natural resources and families.

America is the land of opportunity and relies on you, as a citizen, to help pick our leaders. We, as fellow citizens, have volunteered our time to bring this Voter Guide to you, to help encourage you and arm you with the information necessary to perform the most important job of all: picking our future leadership.

Is it worth your investment of a few minutes? You bet it is!

Page 2: South Florida Voter's Guide - League of Women's Voters

Bill Nelson (D)Occupation: United States Senator from Florida | Age: 69 | Residence: Orlando, Florida | Birthplace: Miami, Florida | Education: Yale University, B.A., 1965; University of Virginia Law School, J.D., 1968 | Campaign Website: www.nelsonforsenate.com

Question #1: To really get our nation’s deficit under control, I believe we need to look at more than blindly slashing programs. We need to make reforms across the whole budget — tax code

reform by reducing tax preferences — and use that revenue to lower rates, simplify the tax code and lower the deficit. If we make government more effective and efficient, along with spending cuts, we can provide a higher quality of service and drastically reduce our deficit. Question #2: I oppose the sequester from being implemented. It was never intended to take effect. I believe we need a common-sense solution that controls spending effectively throughout government that doesn’t put our national security at risk. Comprehensive tax reform, which will close tax loopholes and lower rates and the deficit, is the bipartisan answer. Clearly, there are areas that should be seriously looked at to save the Pentagon money. For example, I don’t think we still need all the troops that we have in Europe, and in other theaters we now rely on unmanned aerial vehicles. I think there are savings that can be achieved by rethinking things. But in the end, when you get right down to it, we must have a very robust and healthy national security budget for a simple reason — our national defense.

Question #3: I support the Disclose Act to stop a few billionaires and big corporations that are funneling money in secret to fake social welfare groups and Super PACs. These groups then use the money to pay for negative and usually false TV attack ads. The result is that democracy and the truth are being hijacked. The Disclose Act would help put a stop to this by requiring corporations and other organizations to report their political spending. Question #4: Implement the health care bill, the Affordable Care Act. We should fix what needs to be fixed. The law provides protection for people from insurance companies that want to drop or deny coverage, lowers prescription drug costs for seniors, lowers the deficit, and financially saves Medicare and Medicare Advantage through significant reforms. Question #5: The warming trend of the planet is evident. For the cause of sea-level rise, I’ve sponsored and voted for bills seeking to address climate change and clean energy. I’ve authored legislation that’s pending in the Senate to bolster research into the causes and intensity of big storms, as well as ways to mitigate against loss of life and property damage.

How Candidate Information Was GatheredIn this Voter Guide, you will find information on all three branches of government: executive (U.S. President), legislative (U.S. Senate) and judicial (Florida Supreme Court).

Candidates were asked to submit either a vision statement (U.S. President) or responses to the League’s questionnaire (U.S. Senate). Questions for the candidates were developed by League members using knowledge of recent events and issues that are important to Florida voters.

Candidate’s submissions were published without substantive changes.

U.S. Senate Question #1: The fiscal health of the country will be in your hands. What changes to current economic policies would you sup-port to reduce deficits, stimulate job creation, protect the most vulnerable among us and provide a secure future for the next generation?

U.S. Senate Question #2: The United States spends more on defense than any other country in the world. With the changes in the nature of combat we have observed in Iraq and Afghanistan, what changes, if any, would you support in defense funding or procurement?

U.S. Senate Question #3: Experts predict that the 2012 election will be the most money-driven in our history. What steps would you support to protect the integrity of the elections process such that ordinary voters continue to have faith that democracy can work for them?

U.S. Senate Question #4: Florida now has the second-highest percentage of uninsured citizens in the United States. What policy changes would you support to ensure access to quality health care for all citizens while managing costs?

U.S. Senate Question #5: Florida is repeatedly identified as the most vulnerable state in the country to the effects of sea-level rise and increased hurricane activity. What policies would you propose or support to address this urgent issue?

UNITED STATES SENATE UN ITED STATES SENATE UN ITED STATES SENATE UN ITED STATES SENATE

League of Women Voters of Florida Education Fund 2012 Special Edition Voter Guide2

Connie Mack (R)Occupation: United States Representative, 14th District of Florida | Age: 45 | Residence: Fort Myers, Florida | Birthplace: Fort Myers, Florida | Education: University of Florida, B.A., 1993 | Campaign Website: www.conniemack.com

Candidate elected not to respond to the League’s questionnaire.

FAST FLORIDA FACTS• FloridaisthefourthlargeststateintheU.S.(behindCalifornia,TexasandNewYork)with

a population of more than 19 million (2011).1

• Compared to Florida, 46 other states have higher taxes as a percentage of personal income (sales tax: 6%; corporate tax: 5.5%; income tax: none).2

• Florida has a lower corporate tax rate than 38 other states.3

• On average, states spend $10,499 per K-12 student annually while Florida spends $8,760. Florida ranks 38th in the nation for K-12 education funding.1

• Florida’s government workforce has shrunk over the past decade and is now the smallest and cheapest in the country on a per capita basis.4

• Florida’s state budget for the 2010-2011 fiscal year was $70.5 billion.

• Florida’s median household income for 2006-2010 was $47,661 compared to $51,914 nationwide.1

1 U.S. Census Bureau 2 Federation of Tax Administrators 3 Tax Foundation 4 The Florida Current

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These explana-tions of the constitutional amendments on the ballot include the amendment number, its title on the ballot, a synopsis of its purpose, what a YES vote would mean, and what a NO vote would mean.

Here is a key to help you identify and organize the amendments by issue or topic area:

Amendment 1Health Care Services

Synopsis: Amendment 1 is more of a political referendum than a meaningful change to our Constitution. Since the Supreme Court has upheld the federal government’s right to impose the individual mandate, the legal standing of Amendment 1 is precarious. The passage or defeat of Amendment 1 may have no practical implications other than to send a message that a majority of Florida’s voters are either for or against the individual mandate.

A vote YES on Amendment 1 would:•RepresentanattempttooptFloridaoutoffederal health care reform requirements•AddlanguagetotheFloridaConstitutionthatcould be found unconstitutional under the Supremacy Clause of the U.S. Constitution if determined by the courts to be in conflict with federal law•PreventtheFloridaLegislaturefrompassinghealth care coverage mandates independent of federal law

A vote NO on Amendment 1 would:•MeanthatFloridashouldcomplywithfederalhealth care reform requirements•EnsurethattheFloridaConstitutiondoesnotconflict with the U.S. Constitution with regard to health care coverage•NotprohibitFloridalawmakersfrompassingstate laws requiring health care coverage

Amendment 2Veterans Disabled Due to Combat Injury; Homestead Property Tax Discount

Synopsis: Amendment 2 relaxes the eligibility requirements for an existing property tax discount offered to disabled veterans. Currently, disabled veterans who meet the following four requirements are eligible for a property tax discount commensurate with the

degree of their disability: 1) current Florida resident; 2) 65 or older; 3) disabled in combat; 4) Florida resident when they entered the military. If passed, Amendment 2 would eliminate that fourth eligibility requirement. As an example of how it works, a veteran eligible for the discount with a 50 percent disability can claim 50 percent off the assessed value of his home. Roughly 1,200 veterans received that discount in 2010, allowing them to subtract, on average, $24,000 from their home’s value before property taxes were calculated. This proposed amendment would give that same tax break to veterans, age 65 and older, who were disabled in combat but living in another state when they entered the military so long as they now claim Florida residency. The state estimates that if Amendment 2 passes, school districts and local governments would lose a total of $15 million over the first three years.

A vote YES on Amendment 2 would:•Givetheexistinghomesteadtaxexemptiontodisabled veterans who were not Florida residents at the time they entered military service

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How and Why We Amend Florida’s ConstitutionThe amendments that you will see on this year’s ballot are proposed changes to the Florida Constitution. Like the U.S. Constitution, our Florida Constitution establishes rules and basic rights. The Constitution consists of 12 articles, including a Declaration of Rights. It covers freedoms such as religion, speech, press, assemblage, work and bearing of arms.

How do we amend the Florida Constitution?

1. Proposal by Legislature: An amendment of the Florida Constitution may be proposed by joint resolution and passed by three-fifths of each house of the Legislature. This is the most common method.

2. Constitutional Revision Commission: Every 20 years, a commission is appointed by the Governor, Speaker of the House, President of the Senate, Chief Justice of the Supreme Court and Attorney General to convene and propose amendments to the

Constitution, which are then voted on by citizens.

3. Citizen Initiative: Citizens may place an amendment on the ballot. After filing a copy of the amendment that has been signed by 8% of the number of voters in the previous

presidential election (which must be signed by voters in at least half of the congressional districts in the state), it goes through a number of steps including a review of the

language by the Florida Supreme Court. Citizens have two years to gather signatures.

4. Other methods: The Taxation and Budget Reform Commission meets every 10 years. Additionally, a Constitutional Convention may be

called for by citizens.

The proposed amendments must pass with 60% of the vote to become law. This year, all 11 constitutional amendments were proposed by members of the Florida Legislature. Amendment 7 was removed from the ballot by a Leon County Circuit Court judge for having language misleading to voters. The measure was rewritten by the Florida Attorney General’s office and reappears as Amendment 8.

The analyses of the ballot amendments in this Voter Guide were drafted by League members in cooperation with the Collins Center for Public Policy after thorough research.

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How to Read this Section

Tax Code

Government Spending

Government Structure

Housing

Military Service

Court System/Judicial Branch

Education

Health Care

Social Policy

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2012 Special Edition Voter Guide

Page 4: South Florida Voter's Guide - League of Women's Voters

•Reducepropertytaxrevenueforschoolsandlocalgovernment services by an estimated total of $15 million over the first three years•Expandthepropertytaxexemptionforsomedisabled veterans who are not currently eligible for a similar property tax exemption

A vote NO on Amendment 2 would:•Notexpandthepropertytaxexemptiontodisabledveterans who were not Florida residents at the time they entered military service•Notreducepropertytaxrevenueforschoolsandlocal government services by an estimated $15 million over three years•NotplacealimitationonstaterevenueintheFloridaConstitution where it would be difficult to modify or remove

Amendment 3State Government Revenue Limitation

Synopsis: Since 1995, Florida has set a cap for the amount of revenue it can spend every year from taxes and fees imposed on everything from gasoline and tobacco sales to business licenses and auto titles. Any excess revenue above the cap is to be deposited in the state’s rainy day fund or returned to taxpayers rather than be spent by the government. The cap is considered by its backers to be a self-imposed restraint on government growth. The current cap is set using a formula based on changes in Florida personal income (a cumulative total of all personal earnings such as wages, dividends, rent or interest income received in a given year by Florida residents). To date, state revenue collections have never exceeded the cap (largely due to rising personal income and falling tax rates). If passed, Amendment 3 would impose a stricter formula for calculating the revenue limit and, as a result, increase the likelihood it would affect government spending. The new formula would be based on annual population growth and inflation, instead of personal income. Those indicators are considered less volatile than personal income growth and more

likely to constrain growth in state revenues. Critics fear the strict revenue limits would affect spending on necessary services like schools and public safety. According to one opposition group, the Center on Budget and Policy Priorities, the proposed amendment would result in allowable revenues 26 percent below pre-recession levels (2006-07) by 2025, potentially resulting in major cuts to all government services. Supporters say the cap is needed to limit government spending.

A vote YES on Amendment 3 would:•Replacetheexistingstaterevenuelimitationbased on personal income growth with a new, more restrictive limitation based on changes in population and inflation•Restrictgovernmentrevenue(taxes,licenses, fees, fines or charges for services) in good and poor economic times•LimittheLegislature’sabilitytoincrease revenue beyond what the formula allows

A vote NO on Amendment 3 would:•Maintaintheexistingstaterevenuelimitation based on personal income growth•Protectthestate’sabilitytoprovidethe current level of government services•PreservetheLegislature’scurrentflexibility in responding to budgetary concerns and changing economic conditions

Amendment 4Property Tax Limitation; Property Value Decline; Reduction for Non-Homestead Assessment Increases; Delay of Scheduled Repeal

Synopsis: This proposal would extend tax breaks to property owners and to first-time homebuyers.

If passed, it would: 1) prevent the assessed value of homesteaded and specified non-homesteaded properties from increasing if the market value of that property decreases compared to the previous year. This would allow the Legislature to eliminate a provision in the current law known as “recapture,” which can cause the taxable value of a property to rise even if its market value drops; 2) reduce from 10 percent to 5 percent the cap on annual increases in the assessments of specified non-homesteaded properties such as residential rental property, seasonal homes and commercial property; 3) authorize a homestead exemption to first-time homebuyers or to buyers who have not owned property during the previous three years or longer.

The exemption would phase out over five years and be equal to 50 percent of the market value of the property but not greater than the median market value of all homesteaded properties in the county where the property is located; 4) delay until 2013 the scheduled repeal of assessment caps on certain types of non-homesteaded properties. Proponents say the tax breaks will stimulate the housing and commercial real estate markets. They also say it will help property owners in a down economy. Critics say the proposal will hurt cash-strapped school districts, cities and counties already forced to cut services. Total tax revenue losses to local governments and schools over a three-year period have been estimated at nearly $1 billion.

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A vote YES on Amendment 4 would:•Reducelocalgovernmentrevenuebycuttinginhalfthe taxable rate on non-homestead property, such as commercial income properties and second homes•Reducelocalgovernmentrevenuebyprohibitingincreases in the assessed value of homestead property and certain non-homestead property in any year where the market value of the property decreases•Reducelocalgovernmentrevenuebyextendinganadditional homestead tax exemption to some first-time homeowners

A vote NO on Amendment 4 would:•Maintainexistingpropertytaxexemptions•Preventschoolsandlocalgovernmentsfromlosingan estimated $1 billion in property tax revenue over three years•Notplacealimitationonlocalgovernmentrevenuein the Florida Constitution where it would be difficult to modify or remove

Amendment 5State Courts

Synopsis: This proposed amendment would alter the balance of power among the judicial, legislative and executive branches of government. Its most meaningful provision is the one granting the state Senate confirmation power over appointees to the Florida Supreme Court. Currently, the governor fills openings on the court by appointing a nominee from a list presented by a judicial nominating commission. If passed, this amendment would allow the Senate to reject or approve nominees. It would also give members of the state House of Representatives expanded access to confidential files involving judges accused of misconduct, and would give lawmakers the right to repeal procedural court rules, such as speedy trial time limits or deadlines for filing court documents, with a simple majority vote rather than a two-thirds majority vote, as currently required. Supporters of Amendment 5 say it would bring much needed change to a court system that gives the governor too much power in appointing judges. Opponents say the measure is a dangerous attempt to exert political influence over the judicial branch by giving legislators more authority.

A vote YES on Amendment 5 would:•RequiretheFloridaSenatetovotetoconfirmor reject a gubernatorial appointment to the state Supreme Court•AllowtheLegislaturetorepealstatewidejudicialrulesadopted by the Supreme Court by a simple majority vote instead of a two-thirds vote•ExpandtheabilityofthestateHouseofRepresentatives to review confidential files about judges, even if they are not being considered for impeachment

A vote NO on Amendment 5 would:•Maintainthecurrentmethodofselectingjusticesforthe Florida Supreme Court by allowing the governor to make appointments without legislative approval•Continuetorequireatwo-thirdsvotetorepealstatewide judicial rules adopted by the Supreme Court•Continuetorequirethatfilesonjudgesremainconfidential unless needed for use in consideration of impeachment

Amendment 6Prohibition on Public Funding of Abortions; Construction of Abortion Rights

Synopsis: Federal law prohibits the expenditure of federal funds for most abortions (exceptions include rape, incest and threats to a mother’s life). If passed, Amendment 6 would enshrine those prohibitions in the state constitution. Because Florida law already prohibits public funds from being spent on abortion, this would not change current abortion funding practices. Rather, passage would show a majority of the state’s voters support existing federal restrictions. There is another provision in the amendment, however, that would affect abortion law in Florida. That provision concerns a privacy right in the state Constitution that is sometimes used to thwart anti-abortion measures in Florida. In 1980, Florida voters passed an amendment that says, in part: “Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life…” This privacy clause has been cited when defending abortion rights in Florida. If passed, Amendment 6 would prevent courts from concluding in abortion cases that the right to privacy in Florida is broader in scope than the right to privacy afforded in the U.S. Constitution. Supporters say this amendment puts the state on even footing with the federal government. Opponents say it is a pre-emptive strike on a woman’s right to make her own health care choices.

— continued on page 6 —

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A vote YES on Amendment 6 would:•MeanthatFlorida’sconstitutionalrighttoprivacyisnot applicable to abortion-related issues•Allowmorerestrictiveabortionlawstobefoundconstitutional by Florida courts•RestateintheFloridaConstitutionfederalandstatelaw that prohibits public funds from being used for abortion or health insurance coverage of abortion

A vote NO on Amendment 6 would:•ContinuetoallowFlorida’sconstitutionalrighttoprivacy to include abortion-related issues•ContinuetoextendFlorida’sconstitutionalrighttoprivacy to any future attempts to restrict abortion•NotplacelanguageintheFloridaConstitutionthatprohibits public funding of abortion where it would be difficult to modify or remove

Amendment 7(removed from ballot)

Amendment 8Religious Freedom

Synopsis: Amendment 8 revives long-standing debates over the separation of church and state. It would repeal a 126-year-old provision in the state Constitution that prohibits taxpayer funding of religious institutions. The provision – commonly known as the “no aid” provision – states more unequivocally than the U.S. Constitution that state funds not be spent “directly or indirectly” in support of any entity that promotes religion. If passed, the amendment would remove that prohibition. An important aspect of Amendment 8 concerns its impact on future school voucher programs. Past programs that included religiously affiliated schools have been deemed unconstitutional partly due to the “no aid” provision. Amendment 8 would remove that obstacle to restarting these programs, which allow parents to remove students from failing public schools and send them to private

schools at taxpayers’ expense. Supporters say the “no aid” provision discriminates against religious organizations. They argue this proposal offers support to groups with religious affiliations that provide valuable community services, like prison ministries or church-run after-school programs. Opponents say Amendment 8 will divert money from public schools and other public funding recipients and that it blurs the separation of church and state. Opponents point out that many religious groups, such as Catholic Charities, can receive public funding under the current law provided they do not promote their religion.

A vote YES on Amendment 8 would:•Repealthe“noaid”provisionintheFloridaConstitution and allow public money to go to private religious institutions•AllowtheexpansionofFlorida’sschoolvoucherprogram to religious institutions and could result in money being directed to private religious schools at the expense of public schools•Allowforagreaternumberofreligiousprogramsto be supported by taxpayer funding

A vote NO on Amendment 8 would:•Maintainthe“noaid”provisioninthestateConstitution that prohibits the government from funding religious institutions and groups that promote religion•Maintaintheconstitutionalprovisionthecourtshavecited when rejecting school voucher programs that fund religiously affiliated schools•Maintaintheseparationofchurchandstateasprovided by the state Constitution since 1885

Amendment 9Homestead Property Tax Exemption for Surviving Spouse of Military Veteran or First Responder

Synopsis: Amendment 9 grants full homestead property tax relief to the surviving spouses of military veterans who die from service-connected causes while on active duty, and to the surviving spouses

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of police, firefighters and other first responders who die in the line of duty. In short, the surviving spouses deemed eligible will not pay any property taxes. For a spouse to be eligible, the deceased veteran or first responder must have been a permanent resident of Florida as of Jan. 1 of the year he or she died. That same residency requirement applies to the surviving spouses of first responders. First responders are defined as law enforcement officers, correctional officers, firefighters, emergency medical technicians and paramedics. The proposed amendment covers full-time, part-time or volunteer first responders. State law has granted full homestead property tax relief to surviving military spouses since 1997. This proposed amendment enshrines that exemption in the state Constitution while adding eligibility to the spouses of first responders. Surviving spouses of veterans or first responders who died years ago can apply for eligibility retroactively if Amendment 9 passes, although the tax relief is for future taxes only; they will not receive refunds for any past taxes paid. The state estimates that this amendment, if passed, would reduce local school and government tax revenues by about $600,000 statewide in the first year it is in effect.

A vote YES for Amendment 9 would:•Grantfullhomesteadpropertytaxrelieftothesurviving spouses of first responders who die in the line of duty•EnshrineinthestateConstitutionalawthatcurrently offers full property tax relief to surviving spouses of veterans who die while on active duty•Allowspouseswhosepartnersdiedbeforethepassage of the Amendment to be eligible for the tax exemption

A vote NO for Amendment 9 would:•Maintainexistingpropertytaxexemptions•Preventlocalgovernmentsfromlosingacombined$600,000 in estimated property tax revenues over the course of a year•Notplacealimitationonlocalgovernmentrevenuein the Florida Constitution where it would be difficult to modify or remove

Amendment 10Tangible Personal Property Tax Exemption

Synopsis: Most taxpayers are familiar with paying property taxes on a home. This proposed amendment is about taxes assessed on tangible personal property used in a business or to earn income. Furniture, fixtures, machinery, tools, shelving, signs and equipment are examples of property that is subject to the state’s tangible personal property tax. By April 1 of each year, anyone owning tangible personal property that is used in a business or to earn income must file a return with the local property appraiser. Under current law, the first $25,000 of tangible personal property is exempt from taxation. If passed, Amendment 10 would boost that exemption to $50,000. It would also allow cities and counties to grant additional tangible personal tax exemptions

beyond the $50,000 exemption. The state estimates that tangible personal property taxes represented an estimated 7.6 percent of the total county property taxes levied in Florida in fiscal year 2011-12. The corresponding amount for cities was 6.1 percent. Statewide, if Amendment 10 passes, the added exemption amount proposed would reduce property tax collections by $61 million over the first three years combined, according to state estimates. Supporters say it will help small businesses. Opponents question whether it will benefit the economy and warn it will further erode the local tax base.

A vote YES for Amendment 10 would:•Doublethetaxexemptionontangiblepersonalproperty•Allowcitiesandcountiestograntadditionaltangible personal property tax exemptions•Reducelocalpropertytaxrevenuesacrossthestate by an estimated $61 million combined over the first three years it is implemented

A vote NO for Amendment 10 would:•Leavethetaxexemptionontangiblepersonalproperty at its current rate•Notreducelocalpropertytaxrevenuesacrossthestate by an estimated $61 million combined over three years•Notplacealimitationonlocalgovernmentrevenuein the Florida Constitution where it would be difficult to modify or remove

— continued on page 8 —

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Amendment 11Additional Homestead Exemption; Low-Income Seniors Who Maintain Long-Term Residency on Property; Equal to Assessed Value

Synopsis: Amendment 11 authorizes cities and counties to grant full homestead property tax relief to low-income seniors who have lived in their home for at least 25 years. In short, it would eliminate the entire property tax bill for qualifying seniors. Homeowners who meet the following requirements would be eligible: 1) aged 65 and older; 2) have a household income of less than $27,030; 3) own a home with a market value of less than $250,000; 4) have lived in the home for at least 25 years. City councils and county commissions must pass the exemption by a supermajority vote before the full exemption can be offered. The state estimates that the tax revenues local governments would lose if Amendment 11 passes, and if every city and county in the state were to approve the exemption, would be a combined $18.5 million over the first two years it was offered.

A vote YES on Amendment 11 would:•Authorizecitiesandcountiestograntafullhomestead exemption to certain low-income seniors•Requireasuper-majorityvotebylocalgovernmentsto grant the exemption•Reducetaxrevenuestolocalgovernmentsacrossthe state by an estimated $18.5 million combined over the first two years it is implemented

A vote NO on Amendment 11 would:•Retaincurrentpropertytaxexemptionsforseniors•Preventlocalgovernmentsfromgrantinganexemption that could cost an estimated $18.5 million in tax revenues combined over the first two years of implementation•Notplaceapotentiallimitationonlocalgovernmentrevenue in the Florida Constitution where it would be difficult to modify or remove

Amendment 12Appointment of Student Body President to Board of Governors of the State University System

Synopsis: The state’s 11 public universities are part of the State University System, which is governed by a 17-member Board of Governors. Under current law, the president of the Florida Student Association is, by virtue of the position, a member of the Board of Governors. Not every university is an active FSA member, however. Currently, 10 of the 11 universities take an active role. Florida State University prefers not to pay the FSA dues, feeling its interests are better represented in other ways. Under the current system, student council presidents from schools that are non-FSA participants, like FSU, can never be the student representative on the Board of Governors. If passed, Amendment 12 would instruct the Board of Governors to create a new

council consisting of the student body presidents of all 11 universities. Presumably, all 11 universities would participate. The chair of that new council would replace the chair of the FSA as the student representative to the Board of Governors.

A vote YES on Amendment 12 would:•Createanewcouncilofstudentbodypresidentsfrom which the student representative to the Board of Governors would be selected•RemovetheFloridaStudentAssociationpresidentfrom the Board of Governors•Requireallstateuniversitystudentbodypresidentsto participate in the newly created council

A vote NO on Amendment 12 would:•Notauthorizethecreationofanewcouncilofstudent body presidents•RetaintheFloridaStudentAssociation’scurrentrole on the Board of Governors•Requirethatstateuniversitiesparticipateinthe Florida Student Association in order to be represented by the student member of the Board of Governors

8

CONSTITUTIONAL AMENDMENTS CONSTITUTIONAL AMENDMENTS CONSTITUTIONAL AMENDMENTS

League of Women Voters of Florida Education Fund 2012 Special Edition Voter Guide

ADDITIONAL RESOURCES FOR VOTERSTo view local candidate questionnaires, as well as voter registration and election information, please visit www.BeReadyToVote.org, a voter service website provided by the League of Women Voters of Florida Education Fund.

For voting information including voter registration, election dates, early voting, precincts and Supervisors of Elections, please visit the Florida Division of Elections online at: election.dos.state.fl.us.

The state of Florida also offers a toll-free Voter Assistance Hotline in English and Spanish: 1-866-308-6739.*

To learn more about the League of Women Voters of Florida, or to find your local League, check out: www.TheFloridaVoter.org.

The Collins Center for Public Policy offers detailed analysis of the constitutional amendments at: www.CollinsCenter.org.

The Florida Bar provides a number of resources aimed at helping voters learn more about merit retention and the judicial candidates who will appear on the ballot: www.FloridaBar.org/TheVotesInYourCourt.

*Those who are hearing impaired and using TTY should call: 1-800-955-8771.

Page 9: South Florida Voter's Guide - League of Women's Voters

Why are appeals court judges and Supreme Court justices on the ballot this year?

Florida appeals court judges and Supreme Court justices are on the ballot in nonpartisan elections every six years so voters can determine whether they should stay in office. This regular vote is called “merit retention.” This year, three Supreme Court justices (out of seven) and 15 appeals court judges (out of 61) have merit retention elections.

What do “Yes” and “No” votes mean?

A “Yes” vote means you want the judge or justice to stay in office. A “No” vote means you want the judge or justice to be removed from office. The majority of voters decides.

Do appeals court judges and Supreme Court justices have opponents?

No. Your vote will determine whether each judge listed should stay in office. They are not running against opponents or each other. Merit retention elections are nonpartisan.

How do appeals court judges and Supreme Court justices get into office?

The governor appoints them from lists submitted by Judicial Nominating Commissions, which screen candidates and make recommendations based on the merits of applicants. Newly appointed judges go before voters for the first time within two years after appointment. If the voters retain them, they then go on the ballot again every six years.

Which courts are subject to merit retention elections?

The Florida Supreme Court and the five District Courts of Appeal are subject to merit retention elections.

Can judges who commit unethical acts be removed from office?

Yes. This can result after an investigation by the Judicial Qualifications Commission, which is an independent agency created by the Florida Constitution solely to investigate alleged misconduct by Florida state judges. Through this system, judges have been

removed from office for ethical violations. For more information, visit www.floridajqc.com.

How have the appeals court judges and justices voted in cases?

Complete records of their votes can be found on the Opinions pages of the websites for the District Courts of Appeal and the Supreme Court. Those websites can be reached through www.FloridaBar.org/TheVotesInYourCourt.

Can I watch videos of the justices and appeals court judges at work?

Yes. Court arguments are webcast live and archived on court websites, which are accessible via www.FloridaBar.org/TheVotesInYourCourt. For the Second District Court of Appeal, video can be requested to be mailed.

What are the appeals court judges’ and justices’ stands on particular issues?

Canon 7 of the Code of Judicial Conduct forbids the judges and justices from saying how they will decide future cases because they must remain truly impartial. However, their votes in prior cases are available on the Opinions pages.

How can I learn more about the judges’ and justices’ backgrounds?

Biographies of the judges and justices are available on their courts’ websites accessible through www.FloridaBar.org/TheVotesInYourCourt.

How did Florida decide to use the merit retention election system?

In the mid-1970s, Florida voters overwhelmingly approved a constitutional amendment requiring that the merit retention system be used for all appellate judges. This vote came after the public became concerned about abuses that occurred because of the earlier system of contested elections.

Where can I find results from prior merit retention elections?

The Florida Division of Elections maintains a searchable database of election results since 1978. Merit retention elections occur only during General Elections in even-numbered years if any appeals court judges or justices are nearing the end of their terms. The Division of Elections website is accessible through www.FloridaBar.org/TheVotesInYourCourt.

FREQUENTLY ASKED QUESTIONS ABOUT MERIT RETENTIONFL

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League of Women Voters of FloridaEducation Fund

2012 Special Edition Voter Guide 9Source: This information was collected from The Florida Bar.

Page 10: South Florida Voter's Guide - League of Women's Voters

10League of Women Voters of Florida Education Fund 2012 Special Edition Voter Guide

Justice R. Fred LewisJustice R. Fred Lewis was appointed to the Supreme Court of Florida on December 7, 1998, by Gov. Lawton Chiles. While serving as Chief Justice from 2006 to 2008, he founded Justice Teaching, an organization that places volunteer lawyers and judges in Florida public schools to enhance civic and law-related education. As Chief Justice, he also convened the

first commission and statewide all-branch mental health summit, which developed and proposed a unified and comprehensive plan to address the increasing needs with the intersection of mental illness and the justice system.

Selected as Florida’s Citizen of the Year in 2001 by the Florida Council, Justice Lewis has been heavily involved in children’s issues, serving as a member of the Board of Directors of Miami Children’s Hospital. While in private practice, he provided counseling to families with children with disabilities and provided pro bono legal services and counseling for cancer patients seeking proper treatment for multiple conditions.

As a member of the Florida Supreme Court, Justice Lewis currently serves as liaison to the Florida Board of Bar Examiners and the Judicial Management Council. He has served on the Committee on the Rules of Civil Procedure, the Committee on Standard Civil Jury Instructions and the Code and Rules of Evidence Committee.

Born in 1947 in Beckley, West Virginia, Justice Lewis came to Florida in 1965 to attend Florida Southern College in Lakeland, where he graduated in 1969. He then attended the University of Miami School of Law, graduating in 1972.

Upon graduation from law school, Justice Lewis attended and graduated from the United States Army A.G. School after acting as Commander of the Corps of cadets for the University of Miami ROTC program. Upon discharge from the military, Lewis entered private practice in Miami, specializing in civil trial and appellate litigation. He left practice upon his appointment to the Florida Supreme Court effective January 1, 1999.

Justice Lewis and his wife were married in 1969 and have two children.

Justice Barbara J. ParienteJustice Barbara J. Pariente was appointed to the Supreme Court of Florida on December 10, 1997, by Gov. Lawton Chiles, serving as Chief Justice from 2004 to 2006. During her time on the Supreme Court, she has worked to improve methods for handling cases involving families and children in the courts. Since 2010, she has served as the Chief Justice’s

designee to the Florida Children and Youth Cabinet and was appointed in 2011 to the Department of Children and Families’ Child Protection Transformation Advisory Board.

Justice Pariente is currently the Chair of the Supreme Court’s Steering Committee on Families and Children in the Courts, which works collaboratively to improve methods for handling cases involving children and families so that the interests and needs of the child are paramount. Over the past decade, she has met with family court judges and staffs throughout Florida’s judicial circuits, promoted judicial education on the unified family court and advocated for improved case management, case coordination and non-adversarial methods of resolving these disputes.

Born in New York City in 1948, Justice Pariente graduated from Boston University and then attended George Washington University Law School, where she graduated in 1973. She moved to Fort Lauderdale in 1973 for a two-year judicial clerkship with United States District Court Judge Norman C. Roettger, Jr., of the Southern District of Florida.

After her judicial clerkship, Justice Pariente settled in West Palm Beach, where she joined the law firm of Cone, Wagner and Nugent in 1975 and became a partner in 1977. In 1983, she formed the law firm of Pariente & Silber, P.A. In both firms, she specialized in civil trial litigation. In September 1993, Justice Pariente was appointed to the Fourth District Court of Appeal, where she served until her appointment to the Florida Supreme Court.

Justice Pariente and her husband have three children and eight grandchildren. In 2003, Justice Pariente shared with the public her successful treatment for breast cancer in hopes of promoting greater awareness of the disease.

Justice Peggy A. QuinceJustice Peggy A. Quince was jointly appointed by Gov. Lawton Chiles and Gov.-elect Jeb Bush to the Florida Supreme Court on December 8, 1998. In 1993, Justice Quince became the first African-American woman to be appointed to one of the district courts of appeal with her appointment by Gov. Lawton Chiles to the Second District Court of Appeal.

Presently, Justice Quince is on the executive counsel of the Appellate Section of The Florida Bar and is the Supreme Court liaison to the Workers’ Compensation Committee, the Judicial Ethics Advisory Committee and the Supreme Court’s Family Court Steering Committee. She has lectured at a number of Continuing Legal Education programs on issues involving search and seizure, probation and parole, use of peremptory challenges, postconviction relief, professionalism and ethics and the independence of the judiciary.

Born in 1948 in Norfolk, Virginia, Justice Quince graduated in 1970 from Howard University and received her J.D. from the Catholic University of America in 1975. Justice Quince began her legal career in Washington, D.C. as a hearing officer with the Rental Accommodations Office administering that city’s new rent control law. In 1977, she entered private practice in Norfolk, Virginia, with special emphasis in real estate and domestic relations.

Justice Quince moved to Florida in 1978 and opened a law office in Bradenton, where she practiced general civil law until 1980. In February 1980, Justice Quince began her tenure with the Attorney General’s Office, Criminal Division. As an assistant attorney general, she handled numerous appeals in the Second District Court of Appeal, the Florida Supreme Court, the Eleventh Circuit Court of Appeals and the United States Supreme Court. Her tenure at that office included five years as the Tampa Bureau Chief. Additionally, three years were spent handling death penalty cases exclusively, on direct appeal and in postconviction proceedings.

Justice Quince and her husband have two daughters.

FLORIDA SUPREME COURT JUSTICES ON THE BALLOTFLORIDA SUPREME COURT MERIT RETENTION FLORIDA SUPREME COURT MERIT RETENTION

Source: This information was collected from the Florida Supreme Court’s website at www.FloridaSupremeCourt.org and edited for length.

Page 11: South Florida Voter's Guide - League of Women's Voters

PARTIAL SAMPLE BALLOT - DOES NOT INCLUDE LOCAL RACES OR REFERENDAFLORIDA GENERAL ELECTION - NOVEMBER 6, 2012

This partial sample ballot is a convenient tool for you to use as you read this Voter Guide. Mark your selections on this page, and then take it into the polling place with you on Election Day for reference while you vote. This Voter Guide is just a starting point. The League encourages voters to educate themselves about all of the local races and referenda that will appear on their general election ballot as well.

PRESIDENT & VICE PRESIDENT(Vote for One)

Barack Obama DEMJoe Biden

Mitt Romney REPPaul Ryan

PRESIDENT & VICE PRESIDENT

UNITED STATES SENATOR(Vote for One)

Connie Mack REP

Bill Nelson DEM

CONGRESSIONAL

JUSTICE OF THE SUPREME COURT

Shall Justice R. Fred Lewis of the Supreme Court be retained in office?

YESNO

NONPARTISAN/JUDICIAL

NO. 1Health Care Services

YESNO

PROPOSED CONSTITUTIONAL AMENDMENTS

NO. 2Veterans Disabled Due to Combat Injury; Homestead

Property Tax Discount

YESNO

NO. 3State Government Revenue Limitation

YESNO

NO. 4Property Tax Limitation; Property Value Decline;

Reduction for Non-Homestead Assessment Increases; Delay of Scheduled Repeal

YESNO

Shall Justice Barbara J. Pariente of the Supreme Court be retained in office?

YESNO

Shall Justice Peggy A. Quince of the Supreme Court be retained in office?

YESNO

NO. 5State Courts

YESNO

NO. 6Prohibition on Public Funding of Abortions;

Construction of Abortion Rights

YESNO

NO. 8Religious Freedom

YESNO

NO. 9Homestead Property Tax Exemption for Surviving Spouse of Military Veteran or

First Responder

YESNO

NO. 10Tangible Personal Property Tax Exemption

YESNO

NO. 11Additional Homestead Exemption; Low-

Income Seniors Who Maintain Long-Term Residency On Property; Equal to

Assessed Value

YESNO

NO. 12Appointment of Student Body President

To Board of Governors of the State University System

YESNO

Select your membership type:

$100 Susan B. Anthony Membership (Individual membership + $40 contribution)

$85 Household Membership

$60 Individual Membership

$25 Student Membership

I would like to join my local League in

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Remit payment to: LWVF540 Beverly CourtTallahassee, FL 32301

or join online at www.TheFloridaVoter.org.Membership dues are not tax-deductible.

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REMINDER: Make your voice heard in every race. Don’t forget to vote the whole ballot!

Page 12: South Florida Voter's Guide - League of Women's Voters

The 2012 Florida Voter Guide was made possible through the generosity of these corporations,

organizations and individuals.

Elayne Goodman

Harriett Lake