Florida Amendment 9, Ban Offshore Oil and Gas Drilling and Ban Vaping in Enclosed Indoor Workplaces Amendment (2018)

Florida Amendment 9
Election date November 6, 2018
Topic Environment and Business regulation
Status a Approved
Type Commission-referral	Origin Legislative commission
List of Florida measuresFlorida Amendment 1Florida Amendment 2Florida Amendment 3Florida Amendment 4Florida Amendment 5Florida Amendment 6Florida Amendment 7Florida Amendment 9Florida Amendment 10Florida Amendment 11Florida Amendment 12Florida Amendment 13Submit

Florida Amendment 9, the Ban Offshore Oil and Gas Drilling and Ban Vaping in Enclosed Indoor Workplaces Amendment, was on the ballot in Florida as a commission referral on November 6, 2018. It was approved.^[3]

A "yes" vote supported this amendment to: ban offshore drilling for oil and natural gas on lands beneath all state waters and ban the use of vapor-generating electronic devices, such as electronic cigarettes, in enclosed indoor workplaces.

A "no" vote opposed this amendment to: ban offshore drilling for oil and natural gas on lands beneath all state waters and ban the use of vapor-generating electronic devices, such as electronic cigarettes, in enclosed indoor workplaces.

In Florida, a constitutional amendment requires a 60 percent supermajority vote at the ballot for approval.

Election results

Florida Amendment 9
Result		Votes	Percentage
Yes		5,415,308	68.92%
No		2,442,410	31.08%

Results are officially certified.

Source

Overview

How did this measure get on the ballot?

The Florida Constitution Revision Commission (CRC) voted 33-3 to place Amendment 9, which is composed of two constitutional amendments, on the ballot for the election. The 37-member commission, which meets every 20 years to propose changes to the Florida Constitution, is unique amongst the states. Florida is the only state with a commission empowered to refer constitutional amendments to the ballot. Republicans, including legislative leaders and Gov. Rick Scott, appointed 33 of the commissioners. Attorney General Pam Bondi (R) also served on the commission. Jorge Labarga, chief justice of the Florida Supreme Court, appointed the three remaining members.

As Amendment 9 was a package of two constitutional amendments, voters could not approve one and reject the other. Voting “yes” on the ballot measure was a vote to pass the two constitutional amendments. Voting “no” on the ballot measure was a vote to reject the two constitutional amendments.

Measure design

The Florida Constitution Revision Commission (CRC) bundled two proposed constitutional amendments as one ballot measure.

Ban Offshore Oil and Gas Drilling Amendment

Amendment 9 prohibited drilling, either for exploration or extraction, of oil or natural gas in state waters. This prohibition included the ocean from shoreline to the outermost boundaries of the state’s territorial seas. The measure did not affect the transportation of oil and natural gas products that were produced outside the state’s waters.^[3]

Ban Vaping in Enclosed Indoor Workplaces Amendment

Amendment 9 prohibited the use of vapor-generating electronic devices in enclosed indoor workplaces. The measure made exceptions for the use of vapor-generating electronic devices in (1) private residences that are not being used for commercial childcare, adult care, or healthcare; (2) in retail tobacco and vapor-generating electronic device shops; (3) designed smoking guest rooms in hotels; and (4) stand-alone bars.^[3]

Amendment 9 defined vapor-generating electronic devices as “any product that employs an electronic, a chemical, or a mechanical means capable of producing vapor or aerosol from a nicotine product or any other substance.” The definition included electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, and other similar devices or products, replacement cartridge for such devices, and other containers of a solution or other substance intended to be used with or within the devices.^[3]

Text of measure

Ballot title

The ballot title was as follows:^[3]

“

PROHIBITS OFFSHORE OIL AND GAS DRILLING; PROHIBITS VAPING IN ENCLOSED INDOOR WORKPLACES.[4]

”

Ballot summary

The ballot summary was as follows:^[3]

“

Prohibits drilling for the exploration or extraction of oil and natural gas beneath all state-owned waters between the mean high water line and the state’s outermost territorial boundaries. Adds use of vapor-generating electronic devices to current prohibition of tobacco smoking in enclosed indoor workplaces with exceptions; permits more restrictive local ordinances.[4]

”

Constitutional changes

See also: Florida Constitution

Amendment 9 amended Section 7 of Article II and Section 20 of Article X of the Florida Constitution. The following underlined text was added and struck-through text was deleted:^[3]

Note: Use your mouse to scroll over the below text to see the full text.

Section 7 of Article II Natural Resources and Scenic Beauty.—(a) It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources. (b) Those in the Everglades Agricultural Area who cause water pollution within the Everglades Protection Area or the Everglades Agricultural Area shall be primarily responsible for paying the costs of the abatement of that pollution. For the purposes of this subsection, the terms “Everglades Protection Area” and “Everglades Agricultural Area” shall have the meanings as defined in statutes in effect on January 1, 1996. (c) To protect the people of Florida and their environment, drilling for exploration or extraction of oil or natural gas is prohibited on lands beneath all state waters which have not been alienated and that lie between the mean high water line and the outermost boundaries of the state’s territorial seas. This prohibition does not apply to the transportation of oil and gas products produced outside of such waters. This subsection is self-executing. Section 20 of Article X Workplaces without Tobacco Smoke or Vapor.—(a) PROHIBITION. As a Florida health initiative to protect people from the health hazards of second-hand tobacco smoke and vapor, tobacco smoking is and the use of vapor-generating electronic devices are prohibited in enclosed indoor workplaces. This section does not preclude the adoption of ordinances that impose more restrictive regulation on the use of vapor-generating electronic devices than is provided in this section. (b) EXCEPTIONS. As further explained in the definitions below, tobacco smoking and the use of vapor-generating electronic devices may be permitted in private residences whenever they are not being used commercially to provide child care, adult care, or health care, or any combination thereof; and further may be permitted in retail tobacco shops, vapor-generating electronic device retailers, designated smoking guest rooms at hotels and other public lodging establishments; and stand-alone bars. However, nothing in this section or in its implementing legislation or regulations shall prohibit the owner, lessee, or other person in control of the use of an enclosed indoor workplace from further prohibiting or limiting smoking or the use of vapor-generating electronic devices therein. (c) DEFINITIONS. For purposes of this section, the following words and terms shall have the stated meanings: (1) "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product. (2) "Second-hand smoke," also known as environmental tobacco smoke (ETS), means smoke emitted from lighted, smoldering, or burning tobacco when the smoker is not inhaling; smoke emitted at the mouthpiece during puff drawing; and smoke exhaled by the smoker. (3) "Work" means any person's providing any employment or employment-type service for or at the request of another individual or individuals or any public or private entity, whether for compensation or not, whether full or part-time, whether legally or not. "Work" includes, without limitation, any such service performed by an employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant, volunteer, and the like. (4) "Enclosed indoor workplace" means any place where one or more persons engages in work, and which place is predominantly or totally bounded on all sides and above by physical barriers, regardless of whether such barriers consist of or include uncovered openings, screened or otherwise partially covered openings; or open or closed windows, jalousies, doors, or the like. This section applies to all such enclosed indoor workplaces without regard to whether work is occurring at any given time. (5) "Commercial" use of a private residence means any time during which the owner, lessee, or other person occupying or controlling the use of the private residence is furnishing in the private residence, or causing or allowing to be furnished in the private residence, child care, adult care, or health care, or any combination thereof, and receiving or expecting to receive compensation therefore. (6) "Retail tobacco shop" means any enclosed indoor workplace dedicated to or predominantly for the retail sale of tobacco, tobacco products, and accessories for such products, in which the sale of other products or services is merely incidental. (7) "Designated smoking guest rooms at public lodging establishments" means the sleeping rooms and directly associated private areas, such as bathrooms, living rooms, and kitchen areas, if any, rented to guests for their exclusive transient occupancy in public lodging establishments including hotels, motels, resort condominiums, transient apartments, transient lodging establishments, rooming houses, boarding houses, resort dwellings, bed and breakfast inns, and the like; and designated by the person or persons having management authority over such public lodging establishment as rooms in which smoking may be permitted. (8) "Stand-alone bar" means any place of business devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for consumption on the licensed premises; in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue. (9) “Vapor-generating electronic device” means any product that employs an electronic, a chemical, or a mechanical means capable of producing vapor or aerosol from a nicotine product or any other substance, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of a solution or other substance intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product. (10) “Vapor-generating electronic device retailer” means any enclosed indoor workplace dedicated to or predominantly for the retail sale of vapor-generating electronic devices and components, parts, and accessories for such products, in which the sale of other products or services is merely incidental. (d) LEGISLATION. In the next regular legislative session occurring after voter approval of this amendment section or any amendment to this section, the Florida Legislature shall adopt legislation to implement this amendment section and any amendment to this in a manner consistent with its broad purpose and stated terms, and having an effective date no later than July 1 of the year following voter approval. Such legislation shall include, without limitation, civil penalties for violations of this section; provisions for administrative enforcement; and the requirement and authorization of agency rules for implementation and enforcement. Nothing herein shall This section does not preclude the Legislature from enacting any law constituting or allowing a more restrictive regulation of tobacco smoking or the use of vapor-generating electronic devices than is provided in this section.[4]

Readability score

See also: Ballot measure readability scores, 2018

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Florida Constitution Revision Commission wrote the ballot language for this measure. The FKGL for the ballot title is grade level 13, and the FRE is 25.5. The word count for the ballot title is 12, and the estimated reading time is three seconds. The FKGL for the ballot summary is grade level 18, and the FRE is 11. The word count for the ballot summary is 53, and the estimated reading time is 14 seconds. In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Vote Yes on 9 led the campaign in support of Amendment 9.^[5]

Supporters

• Commissioners Jacqui Thurlow-Lippisch and Lisa Carlton were the lead sponsors of the proposals in the Florida Constitution Revision Commission that became this amendment.
• League of Women Voters of Florida^[6]
• Democratic Progressive Caucus of Florida^[7]

The Vote Yes on 9 campaign website listed the following endorsements for Amendment 9:^[8]

Organizations 350 Pensacola American Cancer Society Cancer Action Network[6] Apalachicola Riverkeeper Bullsugar Alliance Calusa Waterkeeper Center for Biological Diversity Collier County Waterkeeper Defenders of Wildlife Democratic Environmental Caucus of Florida Everglades Coalition Florida Conservation Voters Florida Wildlife Federation Food and Water Action Florida Policy Institute[6] Gulf Restoration Network Hands Across the Sand Lake Worth Waterkeeper ManaSota-88, Inc. Matanzas Riverkeeper Miami Waterkeeper National Wildlife Federation Oceana Progress Florida ReThink Energy Florida Save the Manatee Club Sea Turtle Conservancy Sierra Club of Florida South Florida Wildlands Association Southern Alliance for Clean Energy Suncoast Waterkeeper Suwannee Riverkeeper Surfrider Foundation Tampa Bay Waterkeeper Business Groups Dragonfly Boatworks Florida Gulf Coast Business Coalition Florida Restaurant and Lodging Association Tampa Bay Beaches Chamber of Commerce Public Health Groups Physicians for Social Responsibility

Arguments

The League of Women Voters of Florida argued, "Our concern for the environment overrides our concern about putting vaping in the Constitution. We also believe that if this amendment doesn’t pass, it sends a signal to the federal government that Florida does not care about off-shore drilling."^[6]

Opposition

Opponents

• Libertarian Party of Florida^[9]
• Florida Petroleum Council^[6]
• Associated Industries of Florida^[6]
• Consumer Advocates for Smoke-Free Alternatives Association^[6]
• Florida Chamber of Commerce^[6]
• Save My Constitution opposed this measure, as well as every other measure placed on the November 2018 ballot by the Florida Constitution Revision Commission. The group consisted of former state and federal lawmakers including Jim Kallinger (R), Jeff Kottkamp (R), Jennifer Carroll (R), Sandy Adams (R), and Connie Mack (R). The group argued that the measures are confusing and misleading and were placed on the ballot in a deceptive way by bundling multiple subjects in a single proposal.^[10]
• Tampa Bay Young Republicans^[11]

Media editorials

See also: 2018 ballot measure media endorsements

Support

• The Sun-Sentinel said: "We recommend YES. More logrolling by the Constitution Revision Commission, but with no apparent harmful effects. It bars offshore oil and gas drilling in Florida waters — but not pipelines or surface transport through those waters — and extends the existing ban on smoking in workplaces to vaping devices."^[12]

• The Palm Beach Post said: "Amendment 9 is one bundle that deserves support. It prohibits oil drilling in state waters off the Florida coast, which would protect waters about nine miles out, but not federally controlled waters beyond the state boundaries. For some reason, it’s coupled with a ban on vaping similar to that on smoking tobacco in indoor workplaces."^[13]

• The Herald-Tribune said: "The bundling of two unrelated provisions in this amendment has drawn criticism. Nevertheless, both components are important and worthy of approval. The vaping proposal is consistent with a constitutional amendment approved by voters in 2002, banning tobacco smoking in public workplaces, restaurants and indoor areas. Extending that prohibition to vaping, in light of the deleterious health effects of secondhand inhalation, is justified. The proposed ban on oil and gas drilling in state waters, 10 miles off Florida’s Gulf coast and three miles off the Atlantic coast, offers crucial protections to the state’s environment and economy. Florida has had longstanding, bipartisan opposition to drilling in both state and federal waters, especially off the Gulf Coast. Don’t let concerns about bundling prevent passage of this measure. We vigorously recommend voting YES, for Amendment 9."^[14]

• Ocala.com said: "Amendment 9 would ban oil and gas drilling beneath state waters and prohibit electronic vaping devices in indoor workplaces. The bundling of two unrelated provisions in this amendment has drawn criticism... both components are important and worthy of approval.The vaping proposal is consistent with a constitutional amendment approved by voters in 2002, banning tobacco smoking in public workplaces, restaurants and indoor areas. Extending that prohibition to vaping, in light of the deleterious health effects of secondhand inhalation, is justified. The proposed ban on oil and gas drilling in state waters, 10 miles off Florida’s Gulf coast and three miles off the Atlantic coast, offers crucial protections to the state’s environment and economy."^[15]

• Miami Herald said: "This is an easy one for most Floridians, especially those in South Florida. The amendment prohibits oil drilling beneath waters controlled by Florida, and in another example of amendment bundling, it also bans the use of e-cigarettes, also known as vaping, at indoor workplaces. That works, too."^[16]

• Florida Today said: "While we disagree with bundling different proposals together, Florida's economy relies on keeping our coastal waters healthy. Smoking indoors is already banned, so it makes sense ban to e-cigarettes as well."^[17]

• The Independent Florida Alligator said: "Vote YES - Amendment 9 bans offshore drilling that poses an environmental hazard for Florida. It is bundled with a ban on vaping inside workplaces, which is a benign side effect to increased environmental protection."^[18]

• The Orlando Sentinel said: "The proposal would ban drilling and exploration about nine miles off the western and southern coastlines and at least three miles off the eastern coastline. It includes bays, estuaries and other waterways. Good. Florida’s been fighting this battle for too long. Make it part of the constitution and be done with it. The ban on e-cigarettes inside restaurants and other workplaces just updates an existing ban on smoking that was passed before vaping came along."^[19]

• The Miami Herald said: "This is an easy one for most Floridians, especially those in South Florida. The amendment prohibits oil drilling beneath waters controlled by Florida, and in another example of amendment bundling, it also bans the use of e-cigarettes, also known as vaping, at indoor workplaces. That works, too."^[20]

Opposition

• The News-Press said: "No on Amendment 9: This CRC amendment has a tremendous environmental component, banning oil and gas drilling in state-controlled, offshore waters. It doesn’t block transport of oil or gas from federal territorial waters through state waters to Florida’s ports. Then the amendment turns to absurd, prohibiting the indoor use of e-cigarettes and vaping devices. Vaping should not be part of this amendment and should be regulated by the Legislature. Because of vaping, this amendment should not pass."^[21]

• The Tampa Bay Times said: "This is the oddest combination of issues. It would prohibit vaping (the use of e-cigarettes) at indoor workplaces and ban oil drilling beneath waters controlled by Florida. Offshore drilling should be banned, but this strange juxtaposition of issues has no place in Florida’s Constitution. On Amendment 9, the Tampa Bay Times recommends voting No."^[22]

• The Tallahassee Democrat said: "The panel connected the prohibition of vaping in the workplace to offshore drilling in Amendment 9, a strained effort to connect clean air and clean water. Does a vaping ban belong in Florida’s Constitution? We say no."^[23]

• Your Observer said: "To put a constitutional ban on smoking and vaping in the workplace is discrimination and government intrusion into individual freedom... A constitutional ban would prevent any drilling. Both of these measures should be addressed legislatively, not in the constitution. We recommend: Vote no."^[24]

• The Treasure Coast Newspapers said: "While our editorial board opposes offshore drilling in state waters, we also are philosophically opposed to the Constitution Revision Commission's "bundling" of these unrelated issues into a single amendment."^[25]

Additional editorial endorsements

In addition to the above editorial endorsements, the following outlets have also endorsed a no vote on the measure:

• The Florida Times-Union^[26]
• The Daily Commercial^[27]

Campaign finance

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

See also: Campaign finance requirements for Florida ballot measures

There were no ballot measure committees registered in support of the measure or in opposition to the measure.^[28]

Polls

See also: Ballotpedia's approach to covering polls

The following poll was conducted by Cherry Communications and commissioned by the Florida Chamber of Commerce to gauge voter support and opposition toward the amendments on Florida's 2018 ballot. A total of 605 likely voters were polled, including 237 Republicans, 249 Democrats, and 119 others.^[29]

Support and Opposition for Amendment 9
Poll	Support	Oppose	Undecided	Margin of error	Sample size
Florida Chamber of Commerce Poll 5/25/18 - 6/2/18	55%	31%	14%	+/-4.0	605
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Background

Executive order on offshore drilling

See also: Federal policy on energy, 2017-2018

On April 28, 2017, President Trump signed an executive order directing the U.S. Department of the Interior to revise the Obama administration's 2017-2022 leasing plan for offshore oil and gas drilling in the Arctic, Atlantic, and Pacific oceans. In December 2016, then-President Barack Obama (D) issued a moratorium on all new oil and gas drilling in approximately 120 million acres in the Arctic and Atlantic oceans. Trump's executive order lifted this moratorium. "Renewed offshore energy production will reduce the cost of energy, create countless new jobs, and make America more secure and far more energy independent," Trump said at the signing ceremony. Under the order, U.S. Interior Secretary Ryan Zinke instructed the U.S. Bureau of Ocean Energy Management (BOEM) to expedite consideration of oil and gas company applications to conduct seismic testing for oil and gas resources and to review existing federal regulations on offshore oil and gas drilling for revision or repeal.

On January 4, 2018, Interior Secretary Zinke announced a draft program to make over 90 percent of the total U.S. Outer Continental Shelf acreage available oil and gas exploration and development. The proposal included 47 potential lease sales, with 12 in the Gulf of Mexico and nine in the Atlantic Ocean.^[30] Zinke said the plan included the "largest number of lease sales ever proposed."^[31]

Secretary Zinke said he was exempting Florida from the draft program to open parts of the Gulf of Mexico and the Atlantic Ocean to oil and gas exploration. On January 9, 2018, Zinke met with Florida Gov. Rick Scott (R), saying, "I support the governor's position that Florida is unique and its coasts are heavily reliant on tourism as an economic driver."^[32] During a discussion with the U.S. Senate Natural Resources Committee on March 13, 2018, Zinke said that Florida was not included in the draft program, but that a final decision had not been made and a final proposal would be released in fall 2018.^[33]

Statewide bans on vaping

As of April 2018, the American Nonsmokers' Rights Association (ANRA)—an organization that opposes the effects of smoking and secondhand smoke—tracked nine states that prohibited vaping in workplaces. The states were California, Delaware, Hawaii, New Jersey, New York, North Dakota, Oregon, Utah, and Vermont.^[34]

Path to the ballot

See also: Florida Constitution Revision Commission, 2018 proposals

The Florida Constitution Revision Commission referred the constitutional amendment to the ballot for the general election on November 6, 2018.^[35] The Florida CRC is a 37-member commission provided for in the state constitution that reviews and proposes changes to the Florida Constitution. The CRC refers constitutional amendments directly to the ballot for a public vote, which makes the commission unique amongst the states. Florida is the only state with a commission empowered to refer constitutional amendments to the ballot. The CRC convenes every 20 years.

Proposal 6004

In the CRC, the ballot measure was known as Proposal 6004. The measure needed to receive the vote of 22 commissions. On April 16, 2018, a total of 33 members (89.19 percent) voted "yes" on Proposal 6004. Three members (8.11 percent) voted "no" on the proposal. One member (2.70 percent) did not vote.^[35]

Proposal 65 and Proposal 91 were combined to create Proposal 6004.^[35]

The following table illustrates how individual commissioners voted on Proposal 6004:^[36]

Commissioner	Appointed by	Occupation	Vote
Anna Marie Hernandez Gamez	Senate president	Former President, Cuban American Bar Association; Attorney	a
Arthenia Joyner	Chief Justice	Former State Senator; Attorney	a
Belinda Keiser	Governor	Vice Chancellor, Keiser University	a
Bob Solari	Senate president	County Commissioner, Indian River County; Former President and Manager, RMS Financial Services; Former President and Director, International Citrus Corporation and Incitco Realty, Inc.	d
Brecht Heuchan	Governor	CEO, ContributionLink, LLC; Owner, The Labrador Company	a
Carlos Beruff (Chair)	Governor	CEO, Medallion Homes	a
Carolyn Timmann	Senate president	Clerk of the Circuit Court and Comptroller of Martin County	a
Chris Nocco	House speaker	Sheriff of Pasco County	a
Chris Smith	Senate president	Former State Senator; Attorney	a
Chris Sprowls	House speaker	State Representative	a
Darlene Jordan	Governor	Executive Director, Gerald R. Jordan Foundation; Former Assistant Attorney General of Massachusetts	a
Darryl Rouson	House speaker	State Senator	a
Don Gaetz	Senate president	Former State Senator; Retired Vice Chairman, VITAS Healthcare Corporation	a
Emery Gainey	Governor	Director of Law Enforcement, Victim Services & Criminal Justice, Florida Department of Legal Affairs	a
Erika Donalds	House speaker	Member, Collier County School Board; CFO, CCO, and Partner, Dalton, Greiner, Hartman, Maher & Co., LLC	N/A
Frank Kruppenbacher	Governor	Chairman, Greater Orlando Aviation Authority; Attorney	a
Fred Karlinsky	Governor	Co-Chair, Greenberg Traurig’s Insurance Regulatory and Transactions Practice Group	a
Gary Lester	Governor	Developer and VP, The Villages for Community Relations; President, The Villages Charter School	d
Hank Coxe	Chief Justice	Former President, The Florida Bar; Attorney	a
Jacqui Thurlow-Lippisch	Senate president	Former Mayor of Sewall's Point; Realtor	a
Jeanette Nuñez	House speaker	State Representative	a
John Stemberger	House speaker	President & General Counsel, Florida Family Policy Council	a
John Stargel[37]	Governor	Judge of the Tenth Judicial Circuit Court	a
Jose Felix Diaz	House speaker	State Representative	d
Lisa Carlton	Governor	Former State Senator; Co–Owner and Manager, Mabry Carlton Ranch	a
Marva Johnson	Governor	Chair, Florida State Board of Education; Regional VP of State Government Affairs, Charter Communications	a
Nicole Washington	Governor	State Policy Consultant, Lumina Foundation	a
Pam Bondi	Automatic	Attorney General	a
Pam Stewart	Governor	Commissioner, Department of Education	a
Patricia Levesque	Senate president	Executive Director, Foundation for Florida’s Future; CEO, Foundation for Excellence in Education	a
Rich Newsome	House speaker	Senior Partner, Newsome Melton	a
Roberto Martinez	Chief Justice	Former U.S. Attorney for South Florida; Attorney	a
Sherry Plymale	Senate president	Former Member, State Board of Community Colleges	a
Timothy Cerio	Governor	Former General Counsel to Governor Scott; Attorney	a
Tom Grady	Governor	Former State Representative; CEO, Continental Equities Group and GradyLaw	a
Tom Lee	House speaker	State Senator; VP and Director, Sabal Homes of Florida	a
William “Bill” Schifino, Jr.	Senate president	President, The Florida Bar; Attorney	a

Proposal 65

Commissioner Lisa Carlton was the lead sponsor of Proposal 65. The proposal was designed to prohibit vapor-generating electronic devices in enclosed indoor workplaces. On March 20, 2018, Proposal 65 was approved 26 to six with five commissioners not voting.^[38] Proposal 65 needed to receive a simple majority vote of the commissioners to move forward.

Proposal 91

Commissioner Jacqui Thurlow-Lippisch was the lead sponsor of Proposal 91. The proposal was designed to prohibit the drilling for exploration and extraction of oil and natural gas in the state's territorial coastal waters. On March 19, 2018, Proposal 91 was approved 32 to one with four commissioners not voting.^[39] Proposal 91 needed to receive a simple majority vote of the commissioners to move forward.

Lawsuit

  

Lawsuit overview
Issue: Whether amendments put on the ballot by the Florida Constitution Revision Commission combine independent and unrelated subjects into one amendment, whether the structure of the amendments violate voters' First Amendment rights not to be required to pay a price for the right to vote for or against the proposed amendments
Court: Filed in Florida Supreme Court. Supreme Court transferred the case down to Leon County Circuit Court. Appealed to the First District Court of Appeals. Case taken up by Supreme Court on September 12, 2018.[40]
Ruling: Ruled in favor of plaintiffs. Defendant appealed to the First District Court of Appeals, case moved to Supreme Court. On October 17, 2018, the Supreme Court overturned the lower court's ruling, instead ordering Amendments 7, 9, and 11 to remain on the ballot and votes on the measures to be counted.
Plaintiff(s): Retired Florida chief justice Harry Lee Anstead and former Florida Elections commissioner Robert J. Barnas	Defendant(s): Florida Secretary of State Ken Detzner
Plaintiff argument: Amendment numbers 6, 7, 8, 9, 10, and 11, put on the ballot by the Florida Constitution Revision Commission combine independent and unrelated subjects into one amendment, voters cannot accurately vote on the issues bundled within each amendment, they should be removed from the ballot. Also, the ballot language for Amendment 8 is misleading.	Defendant argument: Amendments proposed by the constitution revision commission do not need to abide by the single subject rule, only initiatives proposed by the public are bound by the single-subject rule. Detzner did not violate Florida law by certifying the measures for the ballot.

  Source: Florida Supreme Court filings

Harry Lee Anstead and Robert J. Barnas v. Florida Secretary of State Ken Detzner

On August 14, 2018, Retired Florida chief justice Harry Lee Anstead and former Florida Elections commissioner Robert J. Barnas filed a lawsuit against Florida Secretary of State Ken Detzner in the Florida Supreme Court alleging that six measures placed on the ballot by the Florida Constitution Revision Commission should be removed from the ballot because they combine independent and unrelated subjects into one amendment. Additionally, the lawsuit alleged that the ballot language for Amendment 8 failed to clearly specify its intent, and was deceptive and misleading. The plaintiffs wanted the court to order the secretary of state to justify why the measures are allowed to be on the ballot or remove them from the ballot.^[41]

Involved in different lawsuits, the Florida Supreme Court ordered Amendments 6 and 10 to appear on the ballot while Amendment 8 was removed from the ballot. On October 17, 2018, the Supreme Court overturned a lower court's ruling and ordered Amendments 7, 9, and 11 to remain on the ballot also.

The amendments that were challenged in the lawsuit are listed below:^[42]

Type	Title	Subject	Description
CR	Amendment 6	Judiciary	Adds a Marsy's Law to state constitution, increases judicial retirement age to 75, and prohibits judges from deferring to administrative agencies in interpreting law
CR	Amendment 7	Education	Requires death benefits for first responders and military members, a supermajority vote for college fees, and adds state college system structure to constitution
CR	Amendment 8	Education	Establishes school board term limits, allows state to operate non-board established schools, and requires civic literacy in public education
CR	Amendment 9	Environment	Bans offshore oil and gas drilling and vaping in enclosed indoor workplaces
CR	Amendment 10	Admin of Gov't	Prohibits counties from abolishing certain local offices, changes start date of legislative sessions, and adds an executive office and executive department to constitution
CR	Amendment 11	Admin of Gov't	Repeals the following: (a) a prohibition against aliens owning property, (b) a requirement for a high-speed ground transportation system, and (c) a provision saying that changes to a criminal statute are not retroactive

Timeline

• On October 17, 2018, the Supreme Court overturned the lower court's ruling, instead ordering Amendments 7, 9, and 11 to remain on the ballot and votes on the measures to be counted.^[43]

• On September 12, 2018, the Florida Supreme Court accepted the case. By September 24, 2018, briefs had been filed by both parties.^[40]

• On September 7, 2018, Leon County Circuit Court Judge Karen Gievers ruled that Amendments 7, 9, and 11 must be removed from the ballot. Gievers said Amendments 7 and 9 combined independent and unrelated provisions in a single amendment, preventing voters from making a single decision on what provisions of the amendment to support. She also ruled that Amendment 11 was misleading. Secretary of State Ken Detzner appealed the case to the First District Court of Appeals. Gievers' ruling did not concern Amendments 6, 8, or 10 because they were involved in other lawsuits. Amendments 6 and 10 were ordered to appear on the ballot while Amendment 8 was removed from the ballot by the Supreme Court.^[44]

• On August 29, 2018, the Florida Supreme Court transferred the case down to a lower court, the Leon County Circuit Court. The justices wrote, "The transfer of this case should not be construed as an adjudication or comment on the merits of the petition nor that the petition has been properly denominated as a petition for writ of quo warranto. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition."^[45]

• Florida Attorney General Pam Bondi responded to the suit on behalf of Secretary of State Ken Detzner. Bondi argued that only initiatives proposed by the public are subject to the single-subject rule and that amendments placed on the ballot by the Constitution Revision Commission are not bound to abide by the single-subject rule. According to documents filed by Bondi, the state also argued that Detzner did not violate Florida law by placing the amendments on the ballot.^[46]

How to cast a vote

See also: Voting in Florida

Poll times

In Florida, all polls are open from 7:00 a.m. to 7:00 p.m. An individual who is in line at the time polls close must be allowed to vote. Florida is split between Eastern and Central time zones.^[47]

Registration requirements

Check your voter registration status here.

To vote in Florida, one must be at least 18 years of age, a citizen of the United States, and a legal resident of Florida and the county in which he or she intends to vote. Pre-registration is available beginning at 16 years of age.^[48][49]

Voters may retrieve registration applications at the following locations:^[48]

• Local elections offices
• Public assistance agencies
• Disability services agencies
• Independent living centers
• Military recruitment offices
• Public libraries

A registration form is also available online. The form can be printed and submitted via mail.^[49]

Automatic registration

Florida does not practice automatic voter registration.

Online registration

See also: Online voter registration

Florida has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Florida does not allow same-day voter registration.

Residency requirements

To register to vote in Florida, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Florida does not require proof of citizenship for voter registration.

Verifying your registration

The page Voter Information Lookup, run by the Florida Department of State, allows residents to check their voter registration status online.

Voter ID requirements

Florida requires voters to present photo identification with a signature while voting.^[50][51]

The following list of accepted ID was current as of April 2023. Click here for the Florida Secretary of State's page on accepted ID to ensure you have the most current information.

• Florida driver’s license
• Florida identification card issued by the Department of Highway Safety and Motor Vehicles
• United States passport
• Debit or credit card
• Military identification
• Student identification
• Retirement center identification
• Neighborhood association identification
• Public assistance identification
• Veteran health identification card issued by the United States Department of Veterans Affairs
• License to carry a concealed weapon or firearm issued pursuant to s. 790.06
• Employee identification card issued by any branch, department, agency, or entity of the federal government, the state, a county, or a municipality

A voter who presents an ID without a signature must show a second form of identification that includes the voter’s signature.

State profile

Demographic data for Florida
	Florida	U.S.
Total population:	20,244,914	316,515,021
Land area (sq mi):	53,625	3,531,905
Race and ethnicity**
White:	76%	73.6%
Black/African American:	16.1%	12.6%
Asian:	2.6%	5.1%
Native American:	0.3%	0.8%
Pacific Islander:	0.1%	0.2%
Two or more:	2.4%	3%
Hispanic/Latino:	23.7%	17.1%
Education
High school graduation rate:	86.9%	86.7%
College graduation rate:	27.3%	29.8%
Income
Median household income:	$47,507	$53,889
Persons below poverty level:	19.8%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Florida. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Florida

Florida voted Republican in four out of the six presidential elections between 2000 and 2020.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in Florida, accounting for 1.94 percent of the total pivot counties.^[52]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Florida had three Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.66 and 4.00 percent of all Retained and Boomerang Pivot Counties, respsectively.

More Florida coverage on Ballotpedia

• Elections in Florida
• United States congressional delegations from Florida
• Public policy in Florida
• Influencers in Florida
• Florida fact checks
• More...

See also

2018 measures 2018 ballot measures Environment on the ballot Business regulation on the ballot 2018 legislative sessions

Florida Florida ballot measures Florida ballot measure laws Florida Constitution Revision Commission Florida Constitution Revision Commission, 2018 proposals

News and analysis Ballot measure lawsuits Ballot measure readability Ballot measure polls

External links

• Proposal 6004

Support Vote Yes on 9 website

Opposition Email opposition links to editor@ballotpedia.org.

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