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2010 Amendments and Referenda

The items below are scheduled to appear on the November 2, 2010 General Election ballot, except for the West Melbourne referendum, which will appear on the August 24, 2010 Primary Election ballot. See the 2010 Candidates page for information on candidates.

State Constitutional Amendments and Referendum

Amendment 1 | Amendment 2 | Amendment 3 | Amendment 4 | Amendment 5Amendment 6 | Amendment 7Amendment 8 | Amendment 9 | Referendum

County Referenda

County Charter Amendment 1 | County Charter Amendment 2 | County Charter Amendment 3 | County Charter Amendment 4 | School Board Referendum 

City and Town Referenda

Cape Canaveral Charter Amendment 1 | Cape Canaveral Charter Amendment 2

Cocoa Question 1 | Cocoa Question 2 | Cocoa Question 3 | Cocoa Question 4 | Cocoa Question 5 | Cocoa Question 6 | Cocoa Question 7

Cocoa Beach Charter Amendment

Grant-Valkaria Question 1 | Grant-Valkaria Question 2 | Grant-Valkaria Question 3 | Grant-Valkaria Question 4 | Grant-Valkaria Question 5 | Grant-Valkaria Question 6 | Grant-Valkaria Question 7

Malabar Question 1 | Malabar Question 2 | Malabar Question 3 | Malabar Question 4 | Malabar Question 5

Melbourne Referendum | Melbourne Charter Amendment

Melbourne Beach Charter Amendment

August 24: West Melbourne Referendum
November 2: West Melbourne Question A | West Melbourne Question B | West Melbourne Question C

 

STATE OF FLORIDA

(Voted on by all registered voters in Florida)

Amendment 1

Ballot Summary:

 NO. 1
CONSTITUTIONAL AMENDMENT
ARTICLE VI, SECTION 7

REPEAL OF CAMPAIGN FINANCING REQUIREMENT

Proposing the repeal of the provision in the State Constitution that requires public financing of campaigns of candidates for elective statewide office who agree to campaign spending limits.

YES
NO

Click here for full text of Amendment 1

Amendment 2

Ballot Summary:

NO. 2
CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTION 3
ARTICLE XII, SECTION 31

HOMESTEAD AD VALOREM TAX CREDIT FOR DEPLOYED MILITARY PERSONNEL

Proposing an amendment to the State Constitution to require the Legislature to provide an additional homestead property tax exemption by law for members of the United States military or military reserves, the United States Coast Guard or its reserves, or the Florida National Guard who receive a homestead exemption and were deployed in the previous year on active duty outside the continental United States, Alaska, or Hawaii in support of military operations designated by the Legislature. The exempt amount will be based upon the number of days in the previous calendar year that the person was deployed on active duty outside the continental United States, Alaska, or Hawaii in support of military operations designated by the Legislature. The amendment is scheduled to take effect January 1, 2011.

YES
NO

Click here for full text of Amendment 2

Amendment 3

Removed by the Florida Supreme Court 8/31/10 

Amendment 4

Ballot Summary:

NO. 4
CONSTITUTIONAL AMENDMENT
ARTICLE II, SECTION 7

REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS

Establishes that before a local government may adopt a new comprehensive land use plan, or amend a comprehensive land use plan, the proposed plan or amendment shall be subject to vote of the electors of the local government by referendum, following preparation by the local planning agency, consideration by the governing body and notice. Provides definitions.

The amendment’s impact on local government expenditures cannot be estimated precisely. Local governments will incur additional costs due to the requirement to conduct referenda in order to adopt comprehensive plans or amendments thereto. The amount of such costs depends upon the frequency, timing and method of the referenda, and includes the costs of ballot preparation, election administration, and associated expenses. The impact on state government expenditures
will be insignificant.

YES
NO

Click here for full text of Amendment 4

Amendment 5

Ballot Summary:

NO. 5
CONSTITUTIONAL AMENDMENT
ARTICLE III, SECTION 21

STANDARDS FOR LEGISLATURE TO FOLLOW IN LEGISLATIVE REDISTRICTING

Legislative districts or districting plans may not be drawn to favor or disfavor an incumbent or political party. Districts shall not be drawn to deny racial or language minorities the equal opportunity to participate in the political process and elect representatives of their choice. Districts must be contiguous. Unless otherwise required, districts must be compact, as equal in population as feasible, and where feasible must make use of existing city, county and geographical boundaries.

The fiscal impact cannot be determined precisely. State government and state courts may incur additional costs if litigation increases beyond the number or complexity of cases which would have occurred in the amendment’s absence.

YES
NO

Click here for full text of Amendment 5

Amendment 6

Ballot Summary:

NO. 6
CONSTITUTIONAL AMENDMENT
ARTICLE III, SECTION 20

STANDARDS FOR LEGISLATURE TO FOLLOW IN CONGRESSIONAL REDISTRICTING

Congressional districts or districting plans may not be drawn to favor or disfavor an incumbent or political party. Districts shall not be drawn to deny racial or language minorities the equal opportunity to participate in the political process and elect representatives of their choice. Districts must be contiguous. Unless otherwise required, districts must be compact, as equal in population as feasible, and where feasible must make use of existing city, county and geographical boundaries.

The fiscal impact cannot be determined precisely. State government and state courts may incur additional costs if litigation increases beyond the number or complexity of cases which would have occurred in the amendment’s absence.

YES
NO

Click here for full text of Amendment 6

Amendment 7

Removed by the Florida Supreme Court 8/31/10

Amendment 8

Ballot Summary:

NO. 8
CONSTITUTIONAL AMENDMENT
ARTICLE XI, SECTION 1
ARTICLE XII, SECTION 31

REVISION OF THE CLASS SIZE REQUIREMENTS FOR PUBLIC SCHOOLS

The Florida Constitution currently limits the maximum number of students assigned to each teacher in public school classrooms in the following grade groupings: for prekindergarten through grade 3, 18 students; for grades 4 through 8, 22 students; and for grades 9 through 12, 25 students. Under this amendment, the current limits on the maximum number of students assigned to each teacher in public school classrooms would become limits on the average number of students assigned per class to each teacher, by specified grade grouping, in each public school. This amendment also adopts new limits on the maximum number of students assigned to each teacher in an individual classroom as follows: for prekindergarten through grade 3, 21 students; for grades 4 through 8, 27 students; and for grades 9 through 12, 30 students. This amendment specifies that class size limits do not apply to virtual classes, requires the Legislature to provide sufficient funds to maintain the average number of students required by this amendment, and schedules these revisions to take effect upon approval by the electors of this state and to operate retroactively to the beginning of the 2010-2011 school year.

YES
NO

Click here for full text of Amendment 8

Amendment 9

Removed by the Florida Supreme Court 8/31/10

State Referendum

BALANCING THE FEDERAL BUDGET
A NONBINDING REFERENDUM CALLING FOR AN AMENDMENT TO THE UNITED STATES CONSTITUTION

In order to stop the uncontrolled growth of our national debt and prevent excessive borrowing by the Federal Government, which threatens our economy and national security, should the United States Constitution be amended to require a balanced federal budget without raising taxes?

YES
NO

BREVARD COUNTY

(Voted on by all registered voters in Brevard County)

REQUIRES ANALYSIS OF FISCAL IMPACT OF A PROPOSED CHARTER AMENDMENT BY THE CHARTER REVIEW COMMISSION

Shall the Brevard County Charter be amended to require that the Brevard County Charter Review Commission obtain an analysis of the fiscal impact of a proposed charter amendment prior to transmittal of the proposed charter amendment to the Brevard County Commission for placement on the ballot for consideration by the electors of Brevard County?

YES FOR APPROVAL
NO FOR REJECTION

REQUIRES MUNICIPAL VOTER APPROVAL OF COUNTY CHARTER AMENDMENTS AFFECTING MUNICIPAL SERVICE, FUNCTION, POWER OR AUTHORITY

Shall the Brevard County Charter be amended to require that county charter amendments approved after December 1, 2010, that conflict with, transfer or limit a municipality's service, power, or authority apply to that municipality only if the amendment is approved or consented to by a majority of voters in that municipality voting in the referendum?

YES FOR APPROVAL
NO FOR REJECTION

CREATION OF NEW CHARTER SECTION "CITIZENS PROCESS FOR MAKING RECOMMENDATIONS TO THE COUNTY COMMISSION"

Shall the Brevard County Charter be amended to provide for a section entitled "Citizens Process for making Recommendations to the County Commission" to provide process which allows for citizens or organized groups to make recommendations to the County Commission with respect to the enhancement of County Government's effectiveness and efficiency, and require the County Commission to review and either accept, accept with modifications, or reject the recommendations within a specified time frame?

YES FOR APPROVAL
NO FOR REJECTION

CREATION OF PREAMBLE FOR THE BREVARD COUNTY CHARTER

Currently the Charter commences with Article 1, entitled "Creation, Powers and Ordinances of Home Rule Charter Government".  Shall the Charter be amended to create an introductory Preamble by moving language from the existing Section 1.1 of the Brevard County Charter into the new Preamble?

YES FOR APPROVAL
NO FOR REJECTION

AUTHORITY OF THE SCHOOL BOARD TO CONTINUE TO LEVY 0.25 MILLS FOR CRITICAL OPERATING NEEDS

Shall the School Board have the authority, by an annual super majority vote for the 2011-2012 and 2012-2013 fiscal years, to continue to levy 0.25 mills for critical operating needs pursuant to Section 1011.71(3)(b), Florida Statutes?

YES
NO

CITY OF CAPE CANAVERAL

(Voted on by all registered voters in the City of Cape Canaveral, which includes precincts 13 and 115)

CAPE CANAVERAL CHARTER AMENDMENT 1
NEW CITY CHARTER

Shall the current City Charter be repealed and replaced in its entirety with an updated and reorganized City Charter, based substantially on the latest edition of the National Civic League's Model City Charter, and updated in accordance with State law?

YES, FOR CHARTER AMENDMENT
NO, AGAINST CHARTER AMENDMENT

CAPE CANAVERAL CHARTER AMENDMENT 2
MAYOR AND COUNCILMEMBER TERM LIMITS

This amendment imposes term limits on the Mayor and Councilmembers by prohibiting persons from serving more than two consecutive elected terms as Mayor or Councilmember with the exception that persons having served two consecutive elected terms as Councilmember may then qualify and be elected for two additional consecutive terms as Mayor.  Other than the consecutive term limitations, there shall be no limit on the total number of terms persons may serve as Mayor or Councilmember.

YES, FOR CHARTER AMENDMENT
NO, AGAINST CHARTER AMENDMENT

CITY OF COCOA

(Voted on by all registered voters in the City of Cocoa, which includes precincts 21, 55, 56, 57, 116, 160, 161, 164, 185, 186, 187, 202, 203, 211, 217 and 227)

QUESTION #1
ARTICLE III, SECTION 2
MAYOR AND COUNCILMEMBER TERM LIMITS

The current City Charter prohibits a person from serving more than two consecutive full terms on the City Council whether those terms are served as a councilmember who is elected by single-member district or the mayor who is elected at-large.  Shall the City Charter be amended to allow a person who has served two consecutive full terms as a district councilmember to then serve as mayor for two full additional consecutive terms?

YES - For Amending the City Charter
NO - Against Amending the City Charter

QUESTION #2
ARTICLE III, SECTION 3(b)
CITY COUNCIL AND MAYOR
GENERAL POWERS AND DUTIES
INVESTIGATIONS

Article III, Section 3 of the current City Charter sets forth the general powers of the City Council and Mayor.  Shall Article III, Section 3(b) be amended to clarify that the investigation power enumerated in this subsection only applies to investigations initiated by the City Council, and this subsection does not prohibit the city manager from exercising any power vested in the city manager under Article IV, City Manager, of the current City Charter?

YES - For Amending the City Charter
NO - Against Amending the City Charter

QUESTION #3
ARTICLE III, SECTION 8
PROHIBITIONS AGAINST COUNCILMEMBERS HOLDING OTHER CITY OFFICE OR EMPLOYMENT

The current City Charter prohibits councilmembers from holding any other office or employment with the City of Cocoa but allows councilmembers to participate in and be compensated for activities connected with a City volunteer organization.  Shall the provision allowing councilmembers to participate in, and be compensated for, activities connected with City volunteer organizations be deleted to clarify that councilmembers are prohibited from holding all other City offices and employment except where authorized by law?

YES - For Amending the City Charter
NO - Against Amending the City Charter

QUESTION #4
ADOPTION OF SPECIFICATIONS AND PROCEDURES FOR ADJUSTMENT OF CITY COUNCIL VOTING DISTRICT BOUNDARIES

Shall the City Charter contain specifications and procedures to be used by the City Council when establishing or adjusting city council district boundaries and require the City Council to appoint a districting commission consisting of five city electors after every decennial census who shall file a report with the City Council recommending the establishment or adjustment of city council district boundaries based on specifications and procedures contained in the City Charter?

YES - For Amending the City Charter
NO - Against Amending the City Charter

QUESTION #5
ARTICLE XII, SECTION 6
TERMS OF CITY CONTRACTS EXCEEDING BUDGET YEAR

Shall the City Charter be amended to clarify that approval by the City Council is required for contracts with terms that exceed the budget year in which such contract is made?

YES - For Amending the City Charter
NO - Against Amending the City Charter

QUESTION #6
ARTICLE XVII, SECTION 2
MUNICIPAL ELECTIONS

The current City Charter provides that regular elections of councilmembers and the mayor shall coincide with Florida gubernatorial and United States presidential election years.  Since such elections only occur in even-numbered years, shall Article XVII, Section 2 of the City Charter be amended to clarify that regular municipal elections will also be held in even-numbered years?

YES - For Amending the City Charter
NO - Against Amending the City Charter

QUESTION #7
ARTICLE XVII, SECTION 8
ORDINANCES INITIATED BY CITIZENS

Shall the City Charter be amended to decrease the number of registered city voters required to commence the citizen-initiated ordinance process, increase the amount of time for filing of initiative petitions with the City Clerk, provide a process for the City Clerk to certify signatures for initiative ordinances, and delete the ballot form language currently required by the City Charter so as to conform with general law?

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)

AMENDING THE CHARTER TO HOLD EVEN-YEAR ELECTIONS OF COMMISSIONERS EXCEPT FOR PETITIONS AND COMMISSION VACANCIES

Shall Cocoa Beach amend its charter to hold even-year elections for Mayor and Commissioners while allowing voting on Commission vacancies or petitions in odd-numbered years; increasing the Commissioners' and Mayor's terms from 3 years to 4 years, staggered as follows:  Mayor Seat 1 expires in 2012 - instead of 2011, Seat 2 expires in 2012 - no change, Seat 3 expires in 2012 - no change, Seat 4 expires in 2010 and Seat 5 expires in 2010?

YES (for approval)
NO (for rejection)

TOWN OF GRANT-VALKARIA

(Voted on by all registered voters in Town of Grant-Valkaria, which includes precinct 8)

QUESTION 1. AUTHORITY OF THE TOWN ADMINISTRATOR

Shall sections 2.01, 2.02 and 3.04 of the Charter be amended to authorize the Town Administrator, when authorized by the Town Council, to sign certain legal documents on behalf of the Town?

YES FOR APPROVAL
NO FOR REJECTION

QUESTION 2. PURCHASE, SALE AND LEASE OF REAL PROPERTY

Shall section 5.06 of the Charter be amended to provide that public notice of the purchase, sale and lease of real property by the Town shall be provided in the same manner as required by general law for the adoption of ordinances?

YES FOR APPROVAL
NO FOR REJECTION

QUESTION 3. PRESERVING THE RURAL CHARACTER OF THE TOWN; REFERENDUM VOTE; EXEMPTION

Shall section 9.01 of the Charter be amended to require a referendum vote for any comprehensive plan amendment or land use change which proposes to increase the density of real property in the Town and to exempt the adoption of the Town's first comprehensive plan and land use map from requiring a referendum vote?

YES FOR APPROVAL
NO FOR REJECTION

QUESTION 4. REQUIREMENT THAT ALL LOW DENSITY LAND USE DESIGNATION BE AT LEAST 1 1/4 ACRE IN SIZE

Shall section 9.01 of the Charter be amended to specify that any lot with a low density land use designation must be at least 1 1/4 acre in size?

YES FOR APPROVAL
NO FOR REJECTION

QUESTION 5. VACANCIES ON TOWN COUNCIL

Shall section 2.04 of the Charter be amended to provide for an expanded definition of "Vacancy" in the office of the Town Council?

YES FOR APPROVAL
NO FOR REJECTION

QUESTION 6. TERM OF TOWN COUNCIL

Shall section 2.01 of the Charter be amended to clarify that the term of Town Council members is 4 years?

YES FOR APPROVAL
NO FOR REJECTION

QUESTION 7. TERM OF MAYOR

Shall section 2.02 of the Charter be amended to clarify that the term of the Mayor is 4 years?

YES FOR APPROVAL
NO FOR REJECTION

TOWN OF MALABAR

(Voted on by all registered voters in Town of Malabar, which includes precinct 7)

QUESTION 1. BINDING: AMENDMENT TO SECTION 2.07 OF THE CHARTER RELATING TO THE ELECTION AND TERM OF APPOINTED OFFICIALS IN THE OFFICE OF TOWN COUNCIL AND MAYOR

Proposes a Charter Amendment that if a vacancy on Council or in the office of Mayor is filled by Council appointment pursuant to section 2.09 of the Charter then such appointive term shall not be used as part of the calculation for term limits.

YES
NO

QUESTION 2. BINDING: AMENDMENT TO THE CHARTER RELATING TO THE FILLING OF VACANCIES ON THE TOWN COUNCIL AND IN THE OFFICE OF MAYOR

Shall the charter be amended to require the council to schedule a special election to fill a vacancy on Town Council or in the office of Mayor when one (1) year or more remains in the vacant term?

YES
NO

QUESTION 3. BINDING: CONTINUED PARTICIPATION IN THE BREVARD COUNTY LAW ENFORCEMENT MSTU

Shall the Town continue to participate in the Brevard County Law Enforcement MSTU?

YES
NO

QUESTION 4. NON-BINDING: SUPPORT FOR THE FUTURE PURCHASES OF COMMERCIAL LAND IN THE TOWN BY EELS

Should the Town of Malabar support future purchases of commercial land in the Town by the Environmentally Endangered Lands Program for Brevard County (EELS)?

YES
NO

QUESTION 5. NON-BINDING: SUPPORT FOR FUTURE PURCHASES OF RESIDENTIAL LAND IN THE TOWN BY EELS

Should the Town of Malabar support future purchases of residential land in the Town by the Environmentally Endangered Lands Program for Brevard County (EELS)?

YES
NO

CITY OF MELBOURNE

(Voted on by all registered voters in City of Melbourne, which includes precincts 5, 6, 26, 28, 30, 33, 38, 39, 40, 41, 49, 52, 80, 81, 103, 104, 113, 121, 137, 143, 145, 152, 169, 180, 206 and 218)

ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION

Shall the City Council of the City of Melbourne be authorized 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 GRANT EXEMPTIONS
NO - AGAINST AUTHORITY TO GRANT EXEMPTIONS

MELBOURNE CITY CHARTER AMENDMENT
SECTION 2.02(1)(b), CITY CHARTER
TERM LIMITS

Currently, no person serving as mayor or council member may serve more than two (2) consecutive terms of four years each in said position.  The proposed amendment would allow a person serving as mayor or council member to serve not more than three (3) consecutive terms of four years each in said position.

YES - for approval
NO - for rejection

TOWN OF MELBOURNE BEACH

(Voted on by all registered voters in Town of Melbourne Beach, which includes precinct 25)

NO. 1
MELBOURNE BEACH TOWN CHARTER AMENDMENT
SECTIONS 2.03, 2.07, AND 2.09, TOWN CHARTER

The Mayor and Commissioners are currently elected to office for three year terms.  For the November, 2012 Town election, candidates for the office of Commissioner-at-Large shall be elected to two year terms ending in November, 2014.  Commencing with the November, 2014 election, except for individuals filling a vacancy or succeeding a recalled official, the Mayor and Town Commissioners shall be elected for four year terms.

YES (for approval)
NO (for rejection)

CITY OF WEST MELBOURNE

(Voted on by all registered voters in City of West Melbourne, which includes precincts 42, 48, 171, 181, 188 and 219)

FOR AUGUST 24 PRIMARY ELECTION BALLOT 

ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION

Shall the City Council of the City of West Melbourne 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

FOR NOVEMBER 2 GENERAL ELECTION BALLOT

QUESTION A: AMENDMENT TO THE WEST MELBOURNE CITY CHARTER ALLOWING SPECIAL AND EMERGENCY MEETINGS TO BE CALLED BY THE MAYOR OR ANY OTHER COUNCIL MEMBER THROUGH THE CITY MANAGER

Shall Charter Article III, Section 12, paragraphs (b) and (c) be amended to allow special and emergency meetings to be called by the Mayor or any other Council Member through the City Manager?

YES
NO

QUESTION B: AMENDMENT TO THE WEST MELBOURNE CITY CHARTER TO PROVIDE FOR COUNCIL MEMBERS AND THE MAYOR TO SERVE FOUR (4) YEAR TERMS AND STAGGERING TERMS TO COINCIDE WITH GUBERNATORIAL AND PRESIDENTIAL ELECTIONS TO ELIMINATE COSTS TO THE CITY ASSOCIATED WITH OFF-YEAR ELECTIONS

Shall Charter Article III, Section 6 be amended to provide that the Mayor and council members be elected for a term of four (4) years commencing November 2016 with terms for such officials revised to allow that Council seats 4, 5 and 6 be elected to three year terms in November 2011, Council Seats 1, 2 and 3 be elected in November 2012, and the Mayor be elected in November 2016, to eliminate the costs to the city associated with off-year elections?

YES
NO

QUESTION C: AMENDMENT TO THE WEST MELBOURNE CITY CHARTER ESTABLISHING SEATING OF NEWLY ELECTED COUNCIL MEMBERS ACCORDING TO CERTIFICATION OF ELECTION BY THE BREVARD COUNTY SUPERVISOR OF ELECTIONS

Shall Charter Article III, Section 6 and Article IV, Section 3 be amended, in accordance with state law, to establish certification of the election as criterion for seating newly elected Council Members?

YES
NO