County Initiative to Educate the Public on Statewide and Countywide Amendment(s) re: November Ballot - From a Commissioner McCarty's Office

There will be six statewide amendments and one countywide amendment on the November 4^th election ballot. To date, the Palm Beach County Board of County Commissioners has only taken a definitive position in support of Amendment No. 6 concerning the assessment of working waterfront property based on current use.

In an effort to help local residents understand the amendments, county legislative staff will be making general presentations to various groups countywide. The presentation is designed to provide a nonbiased and balanced overview of the amendments. Please contact my office at 561-355-2204 if you would like to schedule a presentation by the legislative staff.

The following is a summary of the amendments. (Please know that Amendments 5, 7 and 9 have been removed from ballot):

Amendment No. 1/Relating to Property Rights/Ineligible Aliens:

This measure proposes 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 that are ineligible for citizenship.

This amendment will remove an early 1900’s law that was designed to prohibit ineligible Asian-American immigrants from owning land. Currently, Florida and New Mexico are the only two states that still maintain these racially biased provisions in their constitutions. Both states have amendments on the November ballot to remove these provisions.

Amendment No. 2/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.

A Florida statute now prohibits marriages other than those between a woman and a man. This ballot initiative was proposed by a citizen group in the event that the statute might be declared unconstitutional. It is the only citizens’ initiative on the ballot.

Amendment No. 3/Changes and Improvements Not Affecting the Assessed Value of Residential Real Property:

This proposal allows the Legislature to prohibit the consideration of wind-damage resistant changes and improvements and the installation of renewable energy source devices in the determination of the assessed value of residential property, and repeals existing renewable energy source device exemptions no longer in effect.

Basically, this amendment prevents local governments from increasing property values and taxes as a result of the installation of hurricane-resistance and/or renewable energy home improvements. This will prevent any property tax increases based on “home-hardening” improvements that could result in higher assessments.

Amendment No. 4/Property Tax Exemption of Perpetually Preserved Land; Classification and Assessment of Land Used for Conservation:

This amendment requires the Legislature to provide a tax exemption for property that is permanently dedicated for conservation.

At the same time, if the property does obtain this permanent designation, it will require that the land be classified and assessed solely on the basis of character/use. Consequently, conservation land will be assessed on the basis of character/use and not highest and best use.

Amendment No. 6/Assessment of Working Waterfront Property Based Upon Current Use:

This amendment provides for assessment of certain working waterfront properties to be assessed based on current use instead of highest and best use. Properties include commercial fishing facilities, marinas, boat ramps, and other water-dependent businesses.

Amendment No. 8/Local Option Community College Funding:

This amendment will provide local communities the ability to increase the local sales tax to fund community colleges. If the amendment is approved, each county would need to approve the tax by referendum. The tax would sunset after 5 years but may be re-approved by voters.

Local Referendum: Require both county and municipal approval of charter amendments affecting municipal power or function:

The Board of County Commissioners placed this countywide question on the ballot which asks:

Shall the Palm Beach County Charter be amended to have charter amendments that are approved by a majority of Palm Beach County voters take effect in a municipality only if the amendment is also approved by a majority of voters in that municipality, when the proposed amendment transfers or limits a municipal service, function, power or authority?

The Charter is the “constitution” of the county and can only be changed by voters residing in unincorporated sections of the county. This amendment will provide the residents of local municipalities the ability to vote on future charter amendments affecting a city’s function, services or authority.