2008 Amendments and Referenda
General Election Issues
Primary Election Issues
Presidential Preference Primary Issues
See the 2008 Candidates page for information on candidates.
General Election Ballot
The items below appeared on the November 4, 2008 General Election ballot. State amendments 5, 7 and 9 were removed from the ballot by State Supreme Court ruling on 9/3/08.
State Constitutional Amendments
Amendment 1 | Amendment 2 | Amendment 3 | Amendment 4 | Amendment 6 | Amendment 8
County and City Charter Amendments/Referenda
County Charter Amendment
Cocoa Charter Amendment 1 | Cocoa Charter Amendment 2
Cocoa Beach Charter Amendment 1 | Cocoa Beach Charter Amendment 2 | Cocoa Beach Charter Amendment 3 | Cocoa Beach Charter Amendment 4 | Cocoa Beach Charter Amendment 5
Grant-Valkaria Question 1 | Grant-Valkaria Question 2
Indialantic Charter Amendment
Malabar Referendum
Melbourne Beach Bond Referendum
Special District Referendum
Barefoot Bay Question
STATE OF FLORIDA
(Voted on by all registered voters in Florida)
Amendment 1
Ballot Summary:
NO. 1
CONSTITUTIONAL AMENDMENT
ARTICLE I, SECTION 2
DECLARATION OF RIGHTS
Proposing an amendment to the State Constitution to delete provisions authorizing the Legislature to regulate or prohibit the ownership, inheritance, disposition, and possession of real property by aliens ineligible for citizenship.
YES
NO
Full text of Amendment 1
Amendment 2
Ballot Summary:
NO. 2
CONSTITUTIONAL AMENDMENT
ARTICLE I, NEW SECTION
FLORIDA MARRIAGE PROTECTION AMENDMENT
This amendment protects marriage as the legal union of only one man and one woman as husband and wife and provides that no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.
The direct financial impact this amendment will have on state and local government revenues and expenditures cannot be determined, but is expected to be minor.
YES
NO
Full text of Amendment 2
Amendment 3
Ballot Summary:
NO. 3
CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTIONS 3 AND 4; ARTICLE XII, NEW SECTION
CHANGES AND IMPROVEMENTS NOT AFFECTING THE ASSESSED VALUE OF RESIDENTIAL REAL PROPERTY
Authorizes the Legislature, by general law, to prohibit consideration of changes or improvements to residential real property which increase resistance to wind damage and installation of renewable energy source devices as factors in assessing the property's value for ad valorem taxation purposes. Effective upon adoption, repeals the existing renewable energy source device exemption no longer in effect.
YES
NO
Full text of Amendment 3
Amendment 4
Ballot Summary:
NO. 4
CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTIONS 3 AND 4; ARTICLE XII, SECTION 28
PROPERTY TAX EXEMPTION OF PERPETUALLY CONSERVED LAND; CLASSIFICATION AND ASSESSMENT OF LAND USED FOR CONSERVATION
Requires Legislature to provide a property tax exemption for real property encumbered by perpetual conservation easements or other perpetual conservation protections, defined by general law. Requires Legislature to provide for classification and assessment of land used for conservation purposes, and not perpetually encumbered, solely on the basis of character or use. Subjects assessment benefit to conditions, limitations, and reasonable definitions established by general law. Applies to property taxes beginning in 2010.
YES
NO
Full text of Amendment 4
Amendment 6
Ballot Summary:
NO. 6
CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTION 4; ARTICLE XII, NEW SECTION
ASSESSMENT OF WORKING WATERFRONT PROPERTY BASED UPON CURRENT USE
Provides for assessment based upon use of land used predominantly for commercial fishing purposes; land used for vessel launches into waters that are navigable and accessible to the public; marinas and drystacks that are open to the public; and water-dependent marine manufacturing facilities, commercial fishing facilities, and marine vessel construction and repair facilities and their support activities, subject to conditions, limitations, and reasonable definitions specified by general law.
YES
NO
Full text of Amendment 6
Amendment 8
Ballot Summary:
NO. 8
CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTION 9
LOCAL OPTION COMMUNITY COLLEGE FUNDING
Proposing an amendment to the State Constitution to require that the Legislature authorize counties to levy a local option sales tax to supplement community college funding; requiring voter approval to levy the tax; providing that approved taxes will sunset after 5 years and may be reauthorized by the voters.
YES
NO
Full text of Amendment 8
BREVARD COUNTY
(Voted on by all registered voters in Brevard County)
County Charter Amendment
Ballot Summary:
CAP ON ANNUAL INCREASES IN COUNTY AD VALOREM TAX REVENUES
Shall the County Charter be amended to limit increases from the previous year in ad valorem tax revenues from tax rates imposed by the Board of County Commissioners, to three per cent or the increase in cost of living index, whichever is less; providing exceptions for voter approved taxes, or when a supermajority of the Board finds that an emergency or critical need exists; excluding certain revenue changes from the computation of revenue increases?
YES
NO
CITY OF COCOA
(Voted on by all registered voters in the City of Cocoa, which includes precincts 21, 55, 56, 57, 116, 128, 160, 161, 164, 167, 168, 185, 186, 187, 202, 203, 211 and 217)
Cocoa Charter Amendment 1
Ballot Summary:
CITY CHARTER AMENDMENT NO. 1
ALLOWING CHIEF OF POLICE TO RESIDE OUTSIDE CITY LIMITS
The current City Charter requires the Chief of Police to reside within the City limits within sixty (60) days of appointment. Shall the City Charter be amended to require the Chief of Police to either reside in the City or within fifteen (15) miles of the City limits within sixty (60) days of appointment?
YES - For Amending the City Charter
NO - Against Amending the City Charter
Cocoa Charter Amendment 2
Ballot Summary:
CITY CHARTER AMENDMENT NO. 2
ALLOWING THE FIRE CHIEF TO RESIDE OUTSIDE CITY LIMITS
The current City Charter requires the Fire Chief to reside within the City limits within sixty (60) days of appointment. Shall the City Charter be amended to require the Fire Chief to either reside in the City or within fifteen (15) miles of the City limits within sixty (60) days of appointment?
YES - For Amending the City Charter
NO - Against Amending the City Charter
CITY OF COCOA BEACH
(Voted on by all registered voters in the City of Cocoa Beach, which includes precincts 22, 60, 87, 88 and 197)
Cocoa Beach Charter Amendment 1
Ballot Summary:
CITY CHARTER AMENDMENT #1
ELIMINATION OF SPECIAL ELECTIONS FOR CANDIDATES
A Charter amendment is proposed, which will remove the option to hold special elections to elect City Commission members in case of a vacancy on the Commission, and require for such vacancies to be filled by a vote at the next regular election that occurs at least ninety (90) days after the vacancy.
Should the above-described Charter amendment be adopted?
YES, FOR AMENDMENT
NO, AGAINST AMENDMENT
Cocoa Beach Charter Amendment 2
Ballot Summary:
CITY CHARTER AMENDMENT #2
ACTING CITY MANAGER
A Charter amendment is proposed to set a thirty (30) day limit to the City Manager’s appointment of an Acting City Manager, and allow the City Commission to appoint any qualified person, or another employee of the City, as acting City Manager, if the position remains vacant for a period of more than thirty (30) days.
Should the above-described Charter amendment be adopted?
YES, FOR AMENDMENT
NO, AGAINST AMENDMENT
Cocoa Beach Charter Amendment 3
Ballot Summary:
CITY CHARTER AMENDMENT #3
DEPARTMENTS OF THE CITY
A Charter amendment is proposed, which will remove references to specific city departments and allow the City Commission to establish, subdivide, consolidate, rename or abolish departments of the City by a majority vote, rather than by unanimous vote.
Should the above-described Charter amendment be adopted?
YES, FOR AMENDMENT
NO, AGAINST AMENDMENT
Cocoa Beach Charter Amendment 4
Ballot Summary:
CITY CHARTER AMENDMENT #4 REFERENDUMS AND PETITIONS
A charter amendment is proposed to remove the option of holding special elections for petition-generated requests for ordinances, or charter provisions, requiring a ninety-day notice to place referendums on a regular election ballot, and by removing the one hundred twenty (120) day limit on when such matters are submitted to voters.
Should the above-described Charter amendment be adopted?
YES, FOR AMENDMENT
NO, AGAINST AMENDMENT
Cocoa Beach Charter Amendment 5
Ballot Summary:
CITY OF COCOA BEACH CITY CHARTER REVISION
TECHNICAL, CORRECTIVE AND CONFORMING CHANGES
A charter amendment is proposed that would make certain technical, corrective and conforming changes to the Charter and that would reorganize and renumber some sections, correct scrivener’s errors, remove duplicative and unnecessary language, and add clarifications in order to make the Charter easier to read and understand.
Should the above-described Charter amendment be adopted?
YES, FOR AMENDMENT
NO, AGAINST AMENDMENT
TOWN OF GRANT-VALKARIA
(Voted on by all registered voters in the Town of Grant-Valkaria, which includes precinct 8)
Grant-Valkaria Question 1
Ballot Summary:
QUESTION 1. EFFECTIVE DATE FOR ORDINANCES ADOPTED BY THE TOWN COUNCIL
Shall Article II, section 2.11(c) of the Charter be amended to change the effective date of ordinances adopted by the Council from 30 days after adoption to a date as specified in the ordinance?
YES
NO
Grant-Valkaria Question 2
Ballot Summary:
QUESTION 2. EMERGENCY APPROPRIATIONS
Shall Article V, section 5.09 of the Charter be amended to change the renewal and refinancing options for emergency appropriations to eliminate annual refinancing requirements and refinancing costs?
YES
NO
TOWN OF INDIALANTIC
(Voted on by all registered voters in the Town of Indialantic, which includes precincts 50 and 215)
Indialantic Charter Amendment
Ballot Summary:
INDIALANTIC TOWN CHARTER AMENDMENT
SECTION 5.09, TOWN CHARTER
Currently monies can only be placed in a bank and disbursed by check. The amendment will allow monies, except pension funds, to be placed or invested as approved by the Town Council; provided, Florida law is also complied with. Money will be permitted to be disbursed by check, wire transfer, and by other means provided records are kept and directives of the Auditor General and generally accepted accounting rules are followed.
YES (for approval)
NO (for rejection)
TOWN OF MALABAR
(Voted on by all registered voters in the Town of Malabar, which includes precinct 7)
Malabar Referendum
Ballot Summary:
QUESTION 1. CONTINUED PARTICIPATION IN THE BREVARD COUNTY LAW ENFORCEMENT MSTU
Shall the Town continue to participate in the Brevard County Law Enforcement MSTU?
YES
NO
TOWN OF MELBOURNE BEACH
(Voted on by all registered voters in the Town of Melbourne Beach, which includes precinct 25)
Melbourne Beach Bond Referendum
Ballot Summary:
BONDS FOR REHABILITATION AND IMPROVEMENT OF TOWN STORMWATER MANAGEMENT SYSTEM AND CERTAIN STREETS
Shall the Town issue bonds in the maximum principal amount of $3,500,000.00 to finance, in part, the cost of rehabilitating and improving the Town's stormwater management system and certain streets, with interest not exceeding 5.25% maturing prior to 2029, payable from real property ad valorem tax assessed at an annual millage rate on all property within the Town for 20 years?
FOR BONDS
AGAINST BONDS
BAREFOOT BAY RECREATION DISTRICT
(Voted on by all registered voters in the Barefoot Bay Recreation District, which includes precinct 18)
Barefoot Bay Question
Ballot Summary:
QUESTION 1. AUTHORIZATION FOR THE BOARD OF TRUSTEES TO EXPEND IN EXCESS OF $25,000.00, BUT NOT TO EXCEED $150,000.00, TO REPLACE BUILDING "F" WITH A STRUCTURE TO HOUSE ADMINISTRATIVE PERSONNEL OF THE BAREFOOT BAY RECREATION DISTRICT
Shall the Board of Trustees of the Barefoot Bay Recreation District be authorized to expend in excess of $25,000.00, but not to exceed $150,000.00, to replace Building "F" with a structure to house administrative personnel of the Barefoot Bay Recreation District?
YES
NO
Primary Election Ballot
This item appeared on the August 26, 2008 Primary Election ballot.
CITY OF PALM BAY
(Voted on by all registered voters in the City of Palm Bay.)
Ballot Summary:
REFERENDUM NO. 1: ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS
Shall the City of Palm Bay, Florida, be authorized to continue to grant, pursuant to Section 3, Article VII, of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses for the purpose of encouraging job creation?
YES - FOR AUTHORITY TO GRANT EXEMPTIONS
NO - AGAINST AUTHORITY TO GRANT EXEMPTIONS
Presidential Preference Primary Election Ballot
The items below appeared on the January 29, 2008 Presidential Preference Primary Election ballot.
State Amendment | County Referendum | Cocoa Beach Referendum
STATE OF FLORIDA
(Voted on by all registered voters in Florida)
Amendment 1
Ballot Summary:
NO. 1
CONSTITUTIONAL REVISION
ARTICLE VII, SECTIONS 3, 4, AND 6
ARTICLE XII, SECTION 27 (Legislative)
PROPERTY TAX EXEMPTIONS; LIMITATIONS ON PROPERTY TAX ASSESSMENTS
This revision proposes changes to the State Constitution relating to property taxation. With respect to homestead property, this revision: (1) increases the homestead exemption except for school district taxes and (2) allows homestead property owners to transfer up to $500,000 of their Save-Our-Homes benefits to their next homestead. With respect to nonhomestead property, this revision (3) provides a $25,000 exemption for tangible personal property and (4) limits assessment increases for specified nonhomestead real property except for school district taxes.
In more detail, this revision:
(1) Increases the homestead exemption by exempting the assessed value between $50,000 and $75,000. This exemption does not apply to school district taxes.
(2) Provides for the transfer of accumulated Save-Our-Homes benefits. Homestead property owners will be able to transfer their Save-Our-Homes benefit to a new homestead within 1 year and not more than 2 years after relinquishing their previous homestead; except, if this revision is approved by the electors in January of 2008 and if the new homestead is established on January 1, 2008, the previous homestead must have been relinquished in 2007. If the new homestead has a higher just value than the previous one, the accumulated benefit can be transferred; if the new homestead has a lower just value, the amount of benefit transferred will be reduced. The transferred benefit may not exceed $500,000. This provision applies to all taxes.
(3) Authorizes an exemption from property taxes of $25,000 of assessed value of tangible personal property. This provision applies to all taxes.
(4) Limits the assessment increases for specified nonhomestead real property to 10 percent each year. Property will be assessed at just value following an improvement, as defined by general law, and may be assessed at just value following a change of ownership or control if provided by general law. This limitation does not apply to school district taxes. This limitation is repealed effective January 1, 2019, unless renewed by a vote of the electors in the general election held in 2018.
Further, this revision:
a. Repeals obsolete language on the homestead exemption when it was less than $25,000 and did not apply uniformly to property taxes levied by all local governments.
b. Provides for homestead exemptions to be repealed if a future constitutional amendment provides for assessment of homesteads "at less than just value" rather than as currently provided "at a specified percentage" of just value.
c. Schedules the changes to take effect upon approval by the electors and operate retroactively to January 1, 2008, if approved in a special election held on January 29, 2008, or to take effect January 1, 2009, if approved in the general election held in November of 2008. The limitation on annual assessment increases for specified real property shall first apply to the 2009 tax roll if this revision is approved in a special election held on January 29, 2008, or shall first apply to the 2010 tax roll if this revision is approved in the general election held in November of 2008.
YES
NO
Full text of Amendment 1
BREVARD COUNTY
(Voted on by all registered voters in Brevard County)
Ballot Summary:
REFERENDUM
Shall Brevard County be authorized to cap, through a provision in its charter, the annual growth in ad valorem tax revenue?
YES
NO
Full text of County Referendum
CITY OF COCOA BEACH
(Voted on by all registered voters in the City of Cocoa Beach, which includes precincts 22, 60, 87, 88 and 197)
SHOULD THE CITY OF COCOA BEACH SEEK TO ESTABLISH A DOWNTOWN AREA COMMUNITY REDEVELOPMENT AGENCY?
Should the City Commission be authorized to establish and be the Community Redevelopment Agency for the downtown area, generally from Cocoa Isles Boulevard to 4th Street South, for the purpose of focusing funding to improve pedestrian and vehicular mobility, installing landscaping and street improvements, and to enhance, promote and preserve the area in accordance with Florida Statutes?
YES FOR APPROVAL
NO FOR REJECTION