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2004 Amendments and Referenda

The items below are scheduled to appear on the November 2, 2004 General Election ballot. See the 2004 Candidates page for information on candidates.

State Constitutional Amendments

Amendment 1 | Amendment 2 | Amendment 3 | Amendment 4 | Amendment 5 | Amendment 6 | Amendment 7 | Amendment 8

County Referendum and Charter Amendments

County Referendum 1 | County Referendum 2 | County Charter Amendment 1 | County Charter Amendment 2 | County Charter Amendment 3

City/Town Referenda

Cape Canaveral Annexation Referendum
Cocoa Referendum 1 | Cocoa Referendum 2
Cocoa Beach Annexation Referendum
Melbourne Beach Charter Amendment 1 | Melbourne Beach Charter Amendment 2 | Melbourne Beach Charter Amendment 3 | Melbourne Beach Charter Amendment 4 | Melbourne Beach Charter Amendment 5 | Melbourne Beach Charter Amendment 6
Titusville Referendum 1 | Titusville Referendum 2
West Melbourne Charter Amendment 1 | West Melbourne Charter Amendment 2

STATE OF FLORIDA

(Voted on by all registered voters in Florida)

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

Full text of Amendment 1

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

Full text of Amendment 2

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

Full text of Amendment 3

Amendment 4

Ballot Summary:

CONSTITUTIONAL AMENDMENT
ARTICLE X, SECTION 19

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

Full text of Amendment 4

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

Full text of Amendment 5

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

Full text of Amendment 6

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

Full text of Amendment 7

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

Full text of Amendment 8

BREVARD COUNTY

(Voted on by all registered voters in Brevard County)

REFERENDUM 1
ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS FOR NEW BUSINESSES AND EXPANSIONS OF EXISTING BUSINESSES

Shall the Board of County Commissioners of Brevard County continue to be authorized to grant, pursuant to Section 3, Article VII of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses?

YES - FOR AUTHORITY TO GRANT EXEMPTIONS
NO - AGAINST AUTHORITY TO GRANT EXEMPTIONS

REFERENDUM 2
ENVIRONMENTALLY ENDANGERED LAND AND WATER AREAS BOND REFERENDUM

Shall Brevard County issue bonds to finance the acquisition, improvement and maintenance of environmentally endangered land and water areas for the protection of habitat, public open space, and water resources, and for providing passive recreational opportunities, provided the bonds do not exceed Sixty Million Dollars ($60,000,000) bearing interest not exceeding the maximum legal rate and maturing in twenty (20) years payable from the levy of ad valorem taxes not exceeding .2085 mills?

FOR THE BONDS
AGAINST THE BONDS

CHARTER AMENDMENT 1
ADEQUATE TIME FOR CHARTER REVIEW

Shall Section 7.4 of the Brevard County Charter be amended to increase the interval between appointment of regular Charter Review Commissions from six years to eight years, and to increase the time allowed for such review from one year to eighteen months?

YES FOR APPROVAL
NO FOR REJECTION

CHARTER AMENDMENT 2
AMENDMENT AND TRANSFER OF PREAMBLE

Shall the Preamble be revised and incorporated into Section 1.1 of the Charter of Brevard County so as to give legal effect to the provisions of the Preamble?

YES
NO

CHARTER AMENDMENT 3
TRUTH IN TAXATION

Shall the Brevard County Charter be amended to require publication of notice of disclosure of the percentage of tax increase in any year in which the Board of County Commissioners tentatively adopts a property tax millage rate in excess of the roll-back rate computed pursuant to Florida Statutes?

YES
NO

CITY OF CAPE CANAVERAL

(Voted on by all registered voters in the City of Cape Canaveral,  and the proposed Cape Canaveral annexation area)

CITY OF CAPE CANAVERAL ANNEXATION
WINSLOW BEACH AND PORTION OF AVON-BY-THE-SEA AREAS

Shall the City of Cape Canaveral annex the area of real property generally located from Grant Avenue to Young Avenue and State Road A1A to the Atlantic Ocean, as that property is legally described in Ordinance 14-2004 of the City of Cape Canaveral, Florida, effective upon approval by a majority vote of the registered electors of that property and by majority vote of the registered electors of the City of Cape Canaveral?

YES - FOR ANNEXATION OF PROPERTY DESCRIBED IN ORDINANCE NUMBER 14-2004 OF THE CITY OF CAPE CANAVERAL, FLORIDA
NO - AGAINST ANNEXATION OF PROPERTY DESCRIBED IN ORDINANCE NUMBER 14-2004 OF THE CITY OF CAPE CANAVERAL, FLORIDA

CITY OF COCOA

(Voted on by all registered voters in the City of Cocoa)

 

CITY OF COCOA REVISED CITY CHARTER

Per ordinance 27-2004, revise City Charter to provide, among other things, modified city council powers and limitations; council qualifications and forfeiture of office requirements; creating and abolishing city departments by council adopted ordinances; requiring council to establish appropriate municipal services in accordance with local needs; appointment of city manager solely on basis of executive and administrative qualifications and removal by vote of four councilmembers; modified requirements for city budget and appropriations, competitive bidding, and indebtedness?

YES, FOR THE REVISED CITY CHARTER
NO, AGAINST REVISED CITY CHARTER

NON-BINDING QUESTION
FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES

If the city council determined after public hearing that it could maintain or improve current fire protection and emergency medical services (including advanced life support) within the City and significantly reduce the cost of such services by contracting with Brevard County, shall the council approve a contract requiring Brevard County to provide such services to the City utilizing fire stations within the City, instead of the City providing such service in-house with City employees?

YES, APPROVE OF CONTRACT
NO, DISAPPROVE OF CONTRACT

COCOA BEACH ANNEXATION AREA

(Voted on by all registered voters in the proposed Cocoa Beach annexation area)

CITY OF COCOA BEACH ANNEXATION OF AREA SOUTH OF THE CITY

Shall the City of Cocoa Beach annex the area of real property generally known as the area South of the City and North of Patrick Air Force Base, as that property is described in Ordinance Number 1398 of the City of Cocoa Beach, Florida, effective upon approval by a majority vote of the registered electors of that property?

YES - FOR ANNEXATION OF PROPERTY DESCRIBED IN ORDINANCE NUMBER 1398 OF THE CITY OF COCOA BEACH, FLORIDA
NO - AGAINST ANNEXATION OF PROPERTY DESCRIBED IN ORDINANCE NUMBER 1398 OF THE CITY OF COCOA BEACH, FLORIDA

TOWN OF MELBOURNE BEACH

(Voted on by all registered voters in the Town of Melbourne Beach)

 

NO. 1
MELBOURNE BEACH CHARTER AMENDMENT
SECTIONS 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, AND 4.07, TOWN CHARTER

The Charter currently provides for a municipal court system which is inconsistent with the Florida Constitution. This amendment will repeal provisions setting up the court system, allowing the abolition of the system, providing for a clerk of the court, providing for the issuance of warrants, providing the duties of police officers, providing for arrest without a warrant, and providing for the disposition of monies collected by the municipal court system.

YES (for approval)
NO (for rejection)

NO. 2
MELBOURNE BEACH CHARTER AMENDMENT
SECTIONS 2.12 AND 2.17, TOWN CHARTER

Shall the Charter be revised by: deleting the provision that Commissioners can be compelled by other Commissioners to attend Commission meetings; and repealing the provision that the Commission may remove a Commissioner from office for failing to attend a majority of the Commission meetings in any calendar quarter without good reason?

YES (for approval)
NO (for rejection)

NO. 3
MELBOURNE BEACH CHARTER AMENDMENT
SECTIONS 8.03 AND 8.09, TOWN CHARTER

Section 8.03, Town Charter, currently provides when and how many public hearings shall be held prior to budget adoption. Florida law provides a totally different procedure for budget adoption prescribing when and how public hearings will be held. Section 8.03 of the Charter shall be repealed. The Charter also provides that two Commissioners shall sign all Town checks. It is proposed that one Commissioner and another Town officer designated by ordinance shall sign all checks.

YES (for approval)
NO (for rejection)

NO. 4
MELBOURNE BEACH CHARTER AMENDMENT
SECTIONS 2.08, 2.10, AND 2.11, TOWN CHARTER

The Charter shall be revised by: repealing the provision requiring the assignment of Commission responsibilities after an election; clarifying that a Vice-Mayor succeeding to the office of Mayor due to a vacancy in that office does so temporarily and returns to his position as a Commissioner upon election of the new Mayor; and providing that one, as opposed to two, Commissioners may call a special meeting.

YES (for approval)
NO (for rejection)

NO. 5
MELBOURNE BEACH CHARTER AMENDMENT
SECTION 3.11, TOWN CHARTER

Shall the Town Charter be amended to provide that the Town Commission may censure one of its members if he or she is found to have violated the Code of Ethics for Public Officers and Employees by the Florida Commission on Ethics or the Florida Election Code by the Florida Elections Commission, or implementing rules thereof, as set forth in Florida Statutes?

YES (for approval)
NO (for rejection)

NO. 6
MELBOURNE BEACH CHARTER AMENDMENT
SECTION 2.03, TOWN CHARTER

Shall the Town Charter be amended to provide that: The Mayor and all Commissioners shall be limited to serving two complete consecutive terms and the portion of an unexpired term occurring by reason of a vacancy starting with the terms resulting from the general election of November 2, 2004; and Town elected officials who resign within one year before the end of their second consecutive term may not seek re-election in the next regular election.

YES (for approval)
NO (for rejection)

CITY OF TITUSVILLE

(Voted on by all registered voters in the City of Titusville)

 

REFERENDUM 1
CITY OF TITUSVILLE ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION

Shall the City Council of the City of Titusville, Florida be authorized to continue to grant, pursuant to S. 3, Art. VII of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses?

YES - FOR AUTHORITY TO CONTINUE TO GRANT EXEMPTIONS
NO - AGAINST AUTHORITY TO GRANT EXEMPTIONS

REFERENDUM 2
ISSUANCE OF GENERAL OBLIGATION BONDS TO FINANCE THE PURCHASE OF PROPERTY ON THE INDIAN RIVER FOR PUBLIC USE

Shall the City of Titusville be authorized to issue general obligation bonds in a principal amount not to exceed ten million three hundred thirty-five thousand dollars, maturing in 20 years, bearing interest not exceeding the maximum legal rate and payable from a levy of ad valorem taxes on all taxable property at a rate not to exceed .5930 mills, for financing the purchase, acquisition and improvement of property including park and recreational uses on the Indian River within the City of Titusville for public use?

FOR BONDS
AGAINST BONDS

CITY OF WEST MELBOURNE

(Voted on by all registered voters in the City of West Melbourne)

 

QUESTION 1
AMENDMENT TO THE CITY CHARTER ESTABLISHING THE TERM FOR THE CITY COUNCIL

Shall the City of West Melbourne adopt an amendment to its Charter changing the terms of the office for the City Council from 2 years to 3 years.

YES
NO

QUESTION 2
AMENDMENT TO THE CITY CHARTER INCREASING THE COMPENSATION OF COUNCIL MEMBERS AND MAYOR

Shall the City of West Melbourne adopt an amendment to its Charter increasing the compensation of individual Council members to three hundred fifty dollars ($350.00) per month and increasing the compensation of the Mayor to four hundred fifty dollars ($450.00) per month.

YES
NO


321-290-VOTE (8683)
1-833-803-0613 (Spanish - Toll Free)

Titusville
400 South Street
Titusville, FL 32780

Viera
2725 Judge Fran
Jamieson Way
Viera, FL 32940

Melbourne
1515 Sarno Road
Melbourne, FL 32935

Palm Bay
450 Cogan Drive SE
Palm Bay, FL 32909