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2006 Amendments and Referenda

The items below are scheduled to appear on the November 7, 2006 General Election ballot. See the 2006 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 Referenda

North Brevard Recreation Special District Referendum 1 | North Brevard Recreation Special District Referendum 2
Merritt Island Recreation Municipal Service Taxing Unit Referendum
South Brevard Recreation Special District Referendum
Port St. John Referendum

City Charter Amendments and Referenda

Cape Canaveral Charter Amendment
Cocoa Charter Amendment 1 | Cocoa Charter Amendment 2
Cocoa Beach Referendum
Malabar Question 1 | Malabar Question 2 | Malabar Question 3
Melbourne Beach Charter Amendment
Satellite Beach Referendum
Titusville Charter Amendment
West Melbourne Question 1 | West Melbourne Question 2 | West Melbourne Question 3 | West Melbourne Question 4 | West Melbourne Question 5 | West Melbourne Question 6 | West Melbourne Question 7 | West Melbourne Question 8 | West Melbourne Question 9 | West Melbourne Question 10 | West Melbourne Question 11 | West Melbourne Question 12 | West Melbourne Question 13 | West Melbourne Question 14 | West Melbourne Question 15 | West Melbourne Question 16

STATE OF FLORIDA

(Voted on by all registered voters in Florida)

Amendment 1

Ballot Summary:

NO. 1
CONSTITUTIONAL AMENDMENT
ARTICLE III, SECTION 19

STATE PLANNING AND BUDGETING PROCESS

Proposing amendments to the State Constitution to limit the amount of nonrecurring general revenue which may be appropriated for recurring purposes in any fiscal year to 3 percent of the total general revenue funds estimated to be available, unless otherwise approved by a three-fifths vote of the Legislature; to establish a Joint Legislative Budget Commission, which shall issue long-range financial outlooks; to provide for limited adjustments in the state budget without the concurrence of the full Legislature, as provided by general law; to reduce the number of times trust funds are automatically terminated; to require the preparation and biennial revision of a long-range state planning document; and to establish a Government Efficiency Task Force and specify its duties.

YES
NO

Full text of Amendment 1

Amendment 2

Removed by Florida Legislature

Amendment 3

Ballot Summary:

NO. 3
CONSTITUTIONAL AMENDMENT
ARTICLE IX, SECTION 5

REQUIRING BROADER PUBLIC SUPPORT FOR CONSTITUTIONAL AMENDMENTS OR REVISIONS

Proposes an amendment to Section 5 of Article XI of the State Constitution to require that any proposed amendment to or revision of the State Constitution, whether proposed by the Legislature, by initiative, or by any other method, must be approved by at least 60 percent of the voters of the state voting on the measure, rather than by a simple majority. This proposed amendment would not change the current requirement that a proposed constitutional amendment imposing a new state tax or fee be approved by at least 2/3 of the voters of the state voting in the election in which such an amendment is considered.

YES
NO

Full text of Amendment 3

Amendment 4

Ballot Summary:

NO. 4
CONSTITUTIONAL AMENDMENT
ARTICLE X, SECTION 27

PROTECT PEOPLE, ESPECIALLY YOUTH, FROM ADDICTION, DISEASE, AND OTHER HEALTH HAZARDS OF USING TOBACCO

To protect people, especially youth, from addiction, disease, and other health hazards of using tobacco, the Legislature shall use some Tobacco Settlement money annually for a comprehensive statewide tobacco education and prevention program using Centers for Disease Control best practices. Specifies some program components, emphasizing youth, requiring one-third of total annual funding for advertising. Annual funding is 15% of 2005 Tobacco Settlement payments to Florida, adjusted annually for inflation. Provides definitions. Effective immediately.

This amendment requires state government to appropriate approximately $57 million in 2007 for the Comprehensive Statewide Tobacco Education and Prevention Program. Thereafter, this amount will increase annually with inflation. This spending is expected to reduce tobacco consumption. As a result, some long-term savings to state and local government health and insurance programs are probable, but indeterminate. Also, minor revenue loss to state government is probable, but indeterminate.

YES
NO

Full text of Amendment 4

Amendment 5

Removed by ruling of Florida Supreme Court

Amendment 6

Ballot Summary:

NO. 6
CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTION 6; ARTICLE XII, SECTION 26

INCREASED HOMESTEAD EXEMPTION

Proposing amendment of the State Constitution to increase the maximum additional homestead exemption for low-income seniors from $25,000 to $50,000 and to schedule the amendment to take effect January 1, 2007, if adopted.

YES
NO

Full text of Amendment 6

Amendment 7

Ballot Summary:

NO. 7
CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTION 6

PERMANENTLY DISABLED VETERANS' DISCOUNT ON HOMESTEAD AD VALOREM TAX

Proposing an amendment to the State Constitution to provide a discount from the amount of ad valorem tax on the homestead of a partially or totally permanently disabled veteran who is age 65 or older who was a Florida resident at the time of entering military service, whose disability was combat-related, and who was honorably discharged; to specify the percentage of the discount as equal to the percentage of the veteran's permanent service-connected disability; to specify qualification requirements for the discount; to authorize the Legislature to waive the annual application requirement in subsequent years by general law; and to specify that the provision takes effect December 7, 2006, is self-executing, and does not require implementing legislation.

YES
NO

Full text of Amendment 7

Amendment 8

Ballot Summary:

NO. 8
CONSTITUTIONAL AMENDMENT
ARTICLE X, SECTION 6

EMINENT DOMAIN

Proposing an amendment to the State Constitution to prohibit the transfer of private property taken by eminent domain to a natural person or private entity; providing that the Legislature may by general law passed by a three-fifths vote of the membership of each house of the Legislature permit exceptions allowing the transfer of such private property; and providing that this prohibition on the transfer of private property taken by eminent domain is applicable if the petition of taking that initiated the condemnation proceeding was filed on or after January 2, 2007.

YES
NO

Full text of Amendment 8

NORTH BREVARD RECREATION SPECIAL DISTRICT

(Voted on by all registered voters in the North Brevard Recreation Special District)

NORTH BREVARD RECREATION SPECIAL DISTRICT BOND REFERENDUM/WATERFRONT, RECREATIONAL, HISTORICAL, CULTURAL PROJECTS

Shall the North Brevard Recreation Special District finance the acquisition, improvement, operation and maintenance of waterfront, recreational, historical and cultural projects within the North Brevard Recreation Special District by levying a .52523 mill ad valorem tax on all taxable property within the special district in order to issue and repay bonds in an amount not to exceed $40,000,000, at a rate of interest not exceeding the maximum permitted by law?

FOR BONDS
AGAINST BONDS

NORTH BREVARD RECREATION SPECIAL DISTRICT BOND REFERENDUM/RECREATIONAL FACILITIES

To expedite the construction of previously approved recreational projects, as well as to operate and maintain projects, shall the North Brevard Recreation Special District use funds available from the previously approved .8 mill ad valorem tax levy on all taxable property within the District to issue and repay additional bonds in a principal amount not exceeding $12,000,000 bearing interest at a rate not exceeding the maximum rate permitted by law?

FOR BONDS
AGAINST BONDS

MERRITT ISLAND RECREATION MUNICIPAL SERVICE TAXING UNIT

(Voted on by all registered voters in the Merritt Island Recreation Municipal Service Taxing Unit)

MERRITT ISLAND RECREATION MUNICIPAL SERVICE TAXING UNIT BOND REFERENDUM/RECREATIONAL FACILITIES

To expedite and complete the construction of recreational projects, as well as to operate and maintain projects, shall the Merritt Island Recreation Municipal Service Taxing Unit use funds available from the previously approved .8 mill ad valorem tax levy on all taxable property within the Unit to issue and repay additional bonds in a principal amount not exceeding $13,410,000 bearing interest at a rate not exceeding the maximum rate permitted by law?

FOR BONDS
AGAINST BONDS

SOUTH BREVARD RECREATION SPECIAL DISTRICT

(Voted on by all registered voters in the South Brevard Recreation Special District)

SOUTH BREVARD RECREATION SPECIAL DISTRICT BOND REFERENDUM/RECREATIONAL FACILITIES

To expedite and complete construction of recreational projects, as well as to operate and maintain projects, shall the South Brevard Recreation Special District use funds available from the previously approved .6 mill ad valorem tax levy on all taxable property within the District to issue and repay additional bonds in a principal amount not exceeding $60,270,000 bearing interest at a rate not exceeding the maximum rate permitted by law?

FOR BONDS
AGAINST BONDS

PORT ST. JOHN DEPENDENT SPECIAL DISTRICT

(Voted on by all registered voters in the Port St. John Dependent Special District)

ABOLITION OR RETENTION OF THE PORT ST. JOHN ADVISORY BOARD

Shall the Port St. John Advisory Board, the function of which is to provide the County Commission with recommendations on Port St. John zoning issues, be abolished?

YES
NO

CITY OF CAPE CANAVERAL

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

CITY OF CAPE CANAVERAL CHARTER AMENDMENT
ARTICLE XIV, SECTION 4, FIRE PROTECTION SERVICES

This proposed charter amendment is related to building or acquiring a fire station. The charter amendment proposes to delete the charter provision that prohibits the City from building or acquiring a fire station and proposes to add a charter provision that requires a duly noticed public hearing before the city council can formally commit the City to build or acquire a fire station.

YES, FOR AMENDING CITY CHARTER
NO, AGAINST AMENDING CITY CHARTER

CITY OF COCOA

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

MUNICIPAL SERVICES AND CITY DEPARTMENTS
PROPOSED CITY CHARTER AMENDMENT

This proposed charter amendment provides the city council with the ability to provide police, fire, utilities, public works, and other municipal services in accordance with local needs and in a manner deemed appropriate by the city council. This proposed charter amendment also deletes from the city charter specific mention of the finance director, utilities and public works departments, police department, fire department and their respective duties and functions.

YES, FOR CHARTER AMENDMENT
NO, AGAINST CHARTER AMENDMENT

PROPOSED CITY CHARTER AMENDMENTS

Provides clarification regarding city council's power to investigate business affairs of the city; council forfeiture of office for intentional and willful violations of the city charter; appointment of city manager solely on basis of executive and administrative qualifications and removal by council adopting a final resolution by vote of four councilmembers; amending requirements for appointment of acting city manager; modified requirements for city budget and appropriations, competitive bidding, and indebtedness; other technical charter amendments.

YES, FOR CHARTER AMENDMENT
NO, AGAINST CHARTER AMENDMENT

CITY OF COCOA BEACH

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

REFERENDUM

Do the residents of the City of Cocoa Beach support a smoking ban on the beaches and parks?

YES FOR APPROVAL
NO FOR REJECTION

TOWN OF MALABAR

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

QUESTION NO. 1
AMENDMENT TO THE TOWN CHARTER CONCERNING THE FILLING OF VACANT COUNCIL SEATS

Shall the Town of Malabar adopt an amendment to its Charter changing the way vacancies on the Town council are filled?

YES
NO

QUESTION NO. 2
AMENDMENT TO THE TOWN CHARTER LIMITING THE DISPOSITION OF REAL PROPERTY ACQUIRED BY EMINENT DOMAIN

Shall the Town of Malabar adopt an amendment to its Charter limiting the Town's disposition of real property acquired by eminent domain?

YES
NO

QUESTION NO. 3
NON-BINDING, STRAW BALLOT QUESTION

Will you choose A or B?

A - MALABAR FUNDS ITS OWN POLICE DEPARTMENT
B - PAY THE MSTU

TOWN OF MELBOURNE BEACH

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

MELBOURNE BEACH CHARTER AMENDMENT SECTION 6.06, TOWN CHARTER

Shall the Town adopt a Charter Amendment providing that building height may not exceed the limits as provided by the Town Code as of September 1, 2006, unless approved by the Town's electors at a referendum paid for by the proponent of the height increase?

YES FOR APPROVAL
NO FOR REJECTION

CITY OF SATELLITE BEACH

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

REFERENDUM 1
REQUIRING REFERENDUM FOR DENSITY INCREASES AND REGULATIONS ALLOWING HEIGHT INCREASES AND BREEZEWAY DECREASES; NONCONFORMITY PROVISIONS

Shall Satellite Beach amend its charter to include new Sec. 8.04 requiring referendum approval before following can become effective: (a) residential density increases above densities allowed on date of referendum; (b) amendments to City's land development regulations (i) increasing residential density or height above that allowed on date of referendum, or (ii) decreasing breezeway percentages below that required on date of referendum. The charter provision shall allow nonconforming structures to be rebuilt in event of casualty or other catastrophe.

YES (for approval)
NO (for rejection)

CITY OF TITUSVILLE

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

HEIGHT AMENDMENT TO MUNICIPAL CHARTER OF TITUSVILLE, FLORIDA, PROHIBITING BUILDING HEIGHTS EXCEEDING 35 FEET

Shall the Municipal Charter of the City of Titusville be amended to prohibit construction of new buildings that exceed 35 feet in height? Provides definitions; exempts hospitals and aerospace buildings; provides that buildings presently exceeding 35 feet in height may be repaired or rebuilt to existing height; prohibits alterations that would cause a building height to exceed 35 feet; and provides for a property owner's vested rights.

YES
NO

CITY OF WEST MELBOURNE

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

QUESTION 1. AMENDMENT TO THE CHARTER CREATING A PREAMBLE AND CHANGING THE CHARTER CREATION LANGUAGE

Shall the Charter be amended to add a Preamble and to change the Creation Language by removing the old legal description for the City and requiring the legal description be on file with the City Clerk?

YES
NO

QUESTION 2. AMENDMENT TO THE CHARTER RELATING TO THE COUNCIL AND MAYOR

Shall the Charter be amended concerning the investigative powers and duties of the Council?

YES
NO

QUESTION 3. AMENDMENT TO THE CHARTER RELATING TO TAXATION AND ALCOHOL SALES

Shall the Charter be amended to eliminate references to taxation and the hours of sale of alcoholic beverages?

YES
NO

QUESTION 4. AMENDMENT TO THE CHARTER RELATING TO THE COMPOSITION AND QUALIFICATIONS OF THE CITY COUNCIL

Shall the Charter be amended to require Council Members to reside in the City for their entire term of office?

YES
NO

QUESTION 5. AMENDMENT TO THE CHARTER RELATING TO WHEN COUNCIL MEMBERS ARE TO TAKE OFFICE AFTER AN ELECTION AND THE TERMS OF COUNCIL MEMBERS AND THE MAYOR

Shall the Charter be amended to define when Council members are to take office and the term of office for Council members and the Mayor?

YES
NO

QUESTION 6. AMENDMENT TO THE CHARTER RELATING TO THE COMPENSATION OF THE COUNCIL AND THE MAYOR

Shall the Charter be amended to remove references to a fixed dollar salary for the Council and Mayor and to provide for the salary and expenses of the Council and Mayor to be adopted by ordinance?

YES
NO

QUESTION 7. AMENDMENT TO THE CHARTER RELATING TO FORFEITURE OF OFFICE

Shall the Charter be amended to define the grounds by which a Council member may forfeit their office?

YES
NO

QUESTION 8. AMENDMENT TO THE CHARTER RELATING TO THE FILLING OF A VACANCY IN THE MAYOR'S SEAT

Shall the Charter be amended to require a Council who is appointed Mayor to resign their Council seat and serve for the unexpired Mayoral term?

YES
NO

QUESTION 9. AMENDMENT TO THE CHARTER RELATING TO THE JUDGING OF THE QUALIFICATIONS OF COUNCIL MEMBERS

Shall the Charter be amended to provide that the Council shall be the sole judge of elections and qualifications for Council members?

YES
NO

QUESTION 10. AMENDMENT TO THE CHARTER RELATING TO NOTICE REQUIREMENTS FOR SPECIAL MEETINGS

Shall the Charter be amended to require at least (48) forty-eight hours notice to Council members of a special meeting?

YES
NO

QUESTION 11. AMENDMENT TO THE CHARTER RELATING TO QUALIFICATIONS OF CANDIDATES AND ELECTION OF COUNCIL

Shall the Charter be amended to require seventy-five (75) signatures of qualified voters to appear on a candidates qualifying statement and to have candidates run at large?

YES
NO

QUESTION 12. AMENDMENT TO THE CHARTER RELATING TO THE CITY MANAGER

Shall the Charter be amended concerning the appointment, qualifications and compensation of the City Manager as well as the removal of the City Manager, appointment of acting city manager and powers and duties of the City Manager?

YES
NO

QUESTION 13. AMENDMENT TO THE CHARTER RELATING TO PLANNING AND ZONING

Shall the Charter be amended concerning the appointment of the chairperson to the Planning and Zoning Board; deleting references to other officers and their terms; the appointment of the Board of Adjustments; appointment of the Chairperson to the Board; appeals; qualifications of Board members; deleting references to other officers of the Board; and changing voting requirements for Board action from five (5) to four (4)?

YES
NO

QUESTION 14. AMENDMENT TO THE CHARTER RELATING TO INDEPENDENT ANNUAL AUDIT; THE CITY BUDGET; AND CONTRACTS AND COMPETITIVE BIDDING

Shall the Charter be amended to require an Annual Audit be conducted by a certified public accountant; requiring the budget contain a summary of the City's debt position including factors affecting the ability to raise resources through debt service; deleting a budget format; deleting penalties; and requiring the Council to adopt a competitive bidding ordinance?

YES
NO

QUESTION 15. AMENDMENT TO ARTICLE XV RELATING TO GENERAL AND MISCELLANEOUS PROVISIONS

Shall the Charter be amended by ratifying acts, resolutions and ordinances not in conflict with the Charter; deleting section 11; requiring the Charter to be reviewed every ten years; and adding a new section concerning Initiative and Referendum procedures?

YES
NO

QUESTION 16. AMENDMENT TO THE CHARTER RELATING TO EFFECTIVE DATES OF CHARTER AMENDMENTS

Shall Article XVI, section 3 be amended to reflect the effective date of amendments to the Charter?

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