FLORIDA -- There is a constitutional amendment on the November ballot that would add a new state agency and make another agency permanent.
Amendment 10 tackles four state and local government structure issues.
- It creates an Office of Domestic Security and Counter-Terrorism
- Makes permanent the Department of Veterans’ Affairs
- Requires elections for five county offices – sheriff, property appraiser, supervisor of elections, clerk of circuit court and tax collector
- Changes the date the state legislature convenes
- Link: Full text of proposed amendment
Creates an Office of Domestic Security and Counter-Terrorism
The office would be created with the Florida Department of Law Enforcement.
The agency would support "prosecutors and federal, state and local law enforcement agencies that investigate or analyze information relating to attempts or acts of terrorism or that prosecute terrorism, and shall perform any other duties that are provided by law."
There is no mention of the cost within the amendment.
Critics say a new agency is not needed.
"Why are we adding things that already exist?" said Hillsborough County League of Women Voters Idelia Phillips.
Citrus County Sheriff Mike Prendergast disagreed.
"We've got the third largest population in America in Florida," Prendergast said. "Shouldn't we be protecting those citizens with the best procedures that are out there?"
Makes permanent the Department of Veterans' affairs
The amendment strikes out the words "may provide for" and replaces it with "shall provide for" in the Florida constitution. The words mean the Department of Veterans' Affairs could not be cut without another constitutional amendment.
"The word 'shall' in the law is traditionally a statement of permanent," said Stetson Constitutional Law Professor Louis Virelli. "It's a command. So if you shall do something in the law, you don’t have any discretion, you just do it."
Opponents of the amendment call it a non-issue.
"Why would you get rid of an agency that serves our veterans?" asked Phillips.
"We want the Department of Veterans’ Affairs to be a permanent part of our state government," Prendergast said.
Requires the election for five county offices
The proposal to require elections for certain county officials has caused the most controversy. According to Amendment 10, the sheriff, tax collector, property appraiser, supervisor of elections and clerk of the circuit court would be elected in all counties in Florida. County charters would not be able to get rid of those offices, transfer the duties to another office, change the length of the term, or "establish any manner of selection other than by election by the electors of the county."
"It's a right to vote amendment," said Hillsborough Clerk of Circuit Courts Pat Frank.
"There's another principle or provision in the Florida Constitution that says counties have, what we call, home rule which means counties have the ability to make decisions about their own government structure, their local government and the argument is this would infringe on that," said Virelli.
Miami-Dade, Broward and Volusia counties would be directly impacted by that section of the amendment. Miami Dade appoints a law enforcement director instead of electing a sheriff. Volusia County's charter calls for appointing its county officers. And Broward County appoints its tax collector. A lawsuit, filed by Broward and Volusia counties, called the amendment misleading. The Florida Supreme Court upheld Amendment 10.
Changes the date the state legislature convenes
Amendment 10 would move up the date the legislature begins their session. During even-numbered years, state lawmakers would convene on the second Tuesday in January. The amendment would stop the legislature from changing that date. Currently lawmakers begin the session in March. The regular session would not be able to exceed 60 days and a special session would not be able to be longer than 20 consecutive days unless there’s a “three fifths vote of each house.”
Amendment 10 needs 60 percent of voter approval to become law. It was added to the ballot by the Florida Constitution Revision Commission.
The full text of the proposed amendment is available by clicking here.