FH89 Representative Mike Caruso at February Lunch

Our February speaker, newly elected to House district 89, has not yet participated in a Legislative session, but has experienced first hand the chaos that surrounded the 2018 election. As the recount dragged on, his was one of the 4 races that were too close to call, and Mike was down at the SOE facility daily keeping watch on Susan Bucher’s minions as they tried to sort it out in the biggest election fiasco since the butterfly ballot.

Now that Governor DeSantis has replaced Bucher with Wendy Link, we can look forward to 2020 in his words “.. where there’s not any type of circus after the votes are in.”

Join us on February 27th to hear Mike’s thoughts on the matter and what it was like to participate in the that circus as his vote advantage over Jim Bonfiglio shrank with each passing day. The FH89 race was not actually over until Bonfiglio conceded on November 18. The margin was 37 votes.

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Mike Caruso learned from a young age that in order to succeed, he needed to roll up his sleeves and work hard until the job was done. As a child, Mike sold flowers and mowed lawns to earn money. He kept his entrepreneurial spirit alive and worked his way through college at George Washington University, where he earned a degree in Business Administration, specializing in accounting.

After years of experience as a CPA in accounting firms such as KPMG and Grant Thornton International, Mike opened his own CPA firm, Caruso & Caruso, in Palm Beach County. Over the next three decades, Mike used his skills to benefit the community, serving on many community organization boards, and serving as an expert witness in many local and national court cases as a forensic account.

Mike is a proud father of 7, a champion barefoot water-skier, a tennis enthusiast, and enjoys spending time at the beach with his wife and two dogs. Mike is honored to call District 89 his home where he has lived for 32 years.

Since being elected to the Florida House, Mike has been assigned to serve on the following committees: Energy & Utilities Subcommittee; Higher Education & Career Readiness Subcommittee;Insurance & Banking Subcommittee; Joint Legislative Auditing Committee; Transportation & Infrastructure Subcommittee; and the Ways & Means Committee. He is looking forward to passing meaningful legislation and working on good public policy for the people of Florida.

PLF’s Mark Miller at January Lunch

This month’s speaker was Mark Miller, Senior Attorney of Pacific Legal Foundation, one of the most active and effective public interest legal organizations in the US. Founded during the Reagan years, PLF has tallied up an impressive set of victories in high profile cases, including 11 wins at the Supreme Court. A 501(c)3 organization, PLF is supported by grants and donations and does all its work pro-bono.

Mark specializes in environmental law, land use and first amendment cases, and he described for us many of his projects that have been covered by the national media.

In his recent Supreme court case, Weyerhaeuser vs. US Fish and Wildlife, Mark successfully argued that restricting land use in Louisiana as habitat for the “Mississippi Dusky Gopher Frog”, an amphibian that has not been found there in decades, was a mis-application of the Endangered Species Act. In an 8-0 decision (Cavenaugh had not yet been confirmed), SCOTUS overturned both the district court and the 5th circuit who had maintained that Fish & Wildlife had ‘agency discretion’ to so designate.

Another case Mark explained was Knick v. Township of Scott, in which a Pennsylvania property owner challenged a recent town ordinance that required public access to her property which was alleged after an intrusive search, to contain graves. With an argument that this was in violation of the 4th (unrestrained search) and 5th (unlawful taking) amendments, PLF argued at the Supreme Court recently that the case should not have to exhaust all remedies at the state level prior to argument in federal court. This case, argued this month, is pending.

Another high profile PLF Supreme Court case was Minnesota Voters Alliance v. Mansky, in which voters who wore clothing containing political sentiments were denied access to the polling places. A tea party “Don’t tread on me” slogan was at issue. The Court issued its ruling on June 14, 2018, stating in a 7–2 decision that Minnesota’s law did violate the First Amendment, ruling it unconstitutional.

Mark has also been involved in state and local cases. In 2014 he represented the owner of the Crafted Keg brew pub in Stuart, who wanted to sell beer in industry standard “growlers” (64 ounce containers) in violation of a Florida law which protects large beer makers from upstart craft brewers. This one received national attention. “Why should his success be limited by a state law that’s irrational?”, Mark argued. After suing the state, this one was resolved in the Legislature where the 64 oz. growler was legalized.

He also volunteered to represent JP Krause, a Vero Beach High School student whose election to student body President was dis-allowed by the school over a “build a wall’ joke he made during the campaign. He was re-instated after the story was picked up by Fox & Friends and Whoopi Goldberg supported the student’s position on “The View”.

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After the meeting, in preparation of a full page ad in the Lincoln Day Dinner booklet, the club leaders were photographed with our new club banner:

Defending Liberty against the Power and Reach of Government

Did you ever feel outraged when predatory regulators attack ordinary citizens, take their property, and impose catastrophic fines for behavior that we “thought” was protected by the Constitution?

If that happens to you, “Who you gonna call?”

Pacific Legal Foundation litigates nationwide to secure all Americans’ inalienable rights to live responsibly and productively in their pursuit of happiness. PLF combines strategic and principled litigation, communications, and research to achieve landmark court victories enforcing the Constitution’s guarantee of individual liberty.

Mark manages the Palm Beach Gardens office of PLF and is fresh from his 8-0 victory in front of the Supreme Court in “Weyerhauser vs U.S. Fish & Wildlife Service”, (aka the “dusky gopher frog” case) which protected the rights of a Louisiana property owner against the “critical habitat” designation of the Endangered Species Act.

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Mark Miller, a PLF Senior Attorney, manages PLF’s Florida office in Palm Beach Gardens. He defends your constitutional rights in state and federal court. CBS This Morning, Fox & Friends, The View, The Wall Street Journal, and National Public Radio (NPR) have all featured his work.

An expert in appellate practice, Thomson Reuters lists Mark as a Florida SuperLawyer, Florida Trend Magazine has described him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He serves as a director for the boards of Americans United for Life, Florida Rural Legal Services, Inc., Florida’s Fourth District Court of Appeal Historical Society, and the Martin County Legal Aid Society. He is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He is a past president of the Martin County Bar Association. In 2018, Florida Governor Rick Scott appointed him to serve a four-year term as a member of Florida’s Fourth District Court of Appeal Judicial Nominating Commission.

Mark learned to fight for justice and love our country from his two grandfathers: one fought under General George S. Patton in World War II, and the other graduated from NYU Law in the early 1920s. Both men taught Mark to believe in the greatness of the United States but also to keep its government honest; that is what he has done throughout his career and does now as a member of the PLF team.

He attended college and law school at the University of Florida, earning both diplomas with Honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in United States Army Corps of Engineers v. Hawkes Co., one of our recent wins before the Court, and was lead counsel for the family landowners in Weyerhaeuser v. U.S. Fish & Wildlife Service, PLF’s most recent Supreme Court win.

Charles Bender and Monique McCall at December Lunch

Our annual Christmas lunch this year featured Place of Hope CEO Charles Bender and local vocalist Monique McCall.

With a beautiful rendition of “O Holy Night”, Monique got us started, and later ended the meeting with more seasonal fare including her own composition “Everyday is Christmas”. She has performed this song on local radio, and has also recorded “Feel Like Florida” an outstanding boost for the Sunshine State.

Charles, one of the founders of his organization “Place of Hope”, gave us an overview of current operations.

When you think of the leadership at many charitable organizations, you don’t immediately think “Republican”, but Charles defies the stereotype. To drive that point home, he showed off his white “Trump Socks”, a positive sign indeed. He has been in the business for many years and goes way back with our club President Fran Hancock. As the DeSantis organization finds it feet in Tallahassee, Charles will be there as part of the transition team.

Place of Hope is in the group foster home business – they take the really tough cases of kids who have been severely abused and may have had multiple placements in foster care. Many are rescued from sex traffickers at a young age. By the time they are referred by the Florida Department of Children and Families, they are typically in desperate straits as DCF will not remove a child from their parents lightly.

The approach taken at the five Place of Hope facilities is to “parent” the kids, and teach personal responsibility and independent living skills. They also try to keep sibling groups together if at all possible. When a child “ages out” at 18, they do what they can to get them set up in an environment that will help them be successful, and in their years of operations, they have had 300 adoptions.

For more information about Place of Hope or to make a donation, please visit their website at https://www.placeofhope.com. They currently have a 4-star rating with Charity Navigator, with 86% of their $7.6M in annual revenue going to program expenses.

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Next month, please join us on Wednesday January 23 for Mark Miller of Pacific Legal Foundation. Mark will share his interesting perspectives from arguing cases in front of the Supreme Court and will tell us about his recent 8-0 victory in Weyerhauser vs U.S. Fish & Wildlife Service”, (aka the “dusky gopher frog” case) which protected the rights of a Louisiana property owner against the “critical habitat” designation of the Endangered Species Act.

Charles Bender Featured at December Lunch

Place of Hope is a private-sector community-based child-care agency for abused and neglected children. Charles will share his insights into how the private sector can effectively address social issues and work together with government agencies to help low-income individuals and families, the homeless and at-risk/dependent children and youth.

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Charles is the Founding Executive Director of Place of Hope, a faith-based and state-licensed family-style residential child-caring agency for abused and neglected children, located in Palm Beach Gardens, Florida. He earned his B.A. degree in Sociology from Florida Atlantic University and also studied at the University of South Florida in Tampa, Florida.

Charles came to Place of Hope in 1999 following many years of work with various housing, social, and human services organizations throughout Palm Beach County. He has participated in numerous community committees, task forces, special initiatives, and boards. He has been a team member of several other local leading organizations including: Palm Beach County Housing and Community Development, Adopt-A-Family of the Palm Beaches, Inc., the City of Delray Beach Community Development Division. The majority of Charles’ work has involved low-income individuals and families, homeless and substance abusing populations, and at-risk/dependent children and youth. Prior to spearheading implementation of Place of Hope, Charles was a primary volunteer in the multi-year visioning and development processes while still a “vision” of Christ Fellowship (founding church).

Charles has significant experience developing and administering social programs and low-income housing initiatives, executing growth plans, implementing federal, state, and local funding programs, building organizational capacity and community coalitions, enhancing service delivery systems, raising capital and annual operating funds, and managing overall non-profit operations.

Thoughts on the Election with Sid Dinerstein

When we first booked Sid Dinerstein for his “after-election, looking-forward” thoughts, our current electoral chaos was not anticipated. With four races still in flux eight days after the election, we still don’t know with certainty where we will be when the dust settles, but Sid did have some encouraging words for us.

Starting with the fact that the military ballots (which lean considerably Republican) have not yet been tallied, and that recounts rarely if ever move votes in any substantive way, he opined that DeSantis and Scott will likely prevail. With the current 5,000 vote deficit, it does not look as good for Matt Caldwell. It is clear that the Supervisors of Election in Broward and Palm Beach must be replaced before the next election, and we need to work towards that end.

On a national level, losing the House was not a desired outcome, but it has interesting ramifications for 2020. Gridlock will ensue, not some Progressive tsunami. Sid believes we will have no immigration reform and no wall, but with an expanded majority in the Senate we will have judges. When President Trump is done he will have appointed fully 1/3 of federal bench. Deregulation is likely to continue (it doesn’t need Congress), as will trade negotiations, and the economy will continue its good performance. With the expectation that House Democrats will be out to torture Trump with endless investigations and impeachment, something even most Democrats are not asking for, a big 2020 sweep for the President is likely.

On the state level, Rick DeSantis origins in the Freedom Caucus bode well for no tax increases, more school choice, continued growth in population and tourism, a low crime rate, and no Medicaid expansion – a complete opposite of what a Governor Gillum would have sought. We will continue what Sid sees as the “Golden Age of Florida.’ And lest we forget, we will have 3 new conservative justices on the Florida Supreme Court in January.

Overall, not a bad outlook!

Sid was introduced by current GOP Chair Michael Barnett who calls Sid his mentor. Michael also asked for volunteers to help with the “count watching” at SOE as the hand recounts begin shortly. We also had at the meeting victorious State Representatives Rick Roth (HD85), Mary Lynn Magar (HD82), and Michael Caruso who is currently ahead by 37 votes in HD89, and Palm Beach Gardens Councilman Matthew Lane.

Please join us on Wednesday, December 19 for Charles Bender, Executive Director of the Place of Hope who will give us an update on their activities, and we will also have a little holiday music.

Thoughts on the Election Just Past – 11/14

With the election over,  it looks like Florida delivered (subject to a recount on the Senate race).   Although Republicans lost a House Majority, we held our own CD18 seat, the Governor’s Office and (subject to a recount for Ag Commissioner) the cabinet.  At this writing, Rick Scott has about a 22K lead on Bill Nelson.

Nationally, with a Democrat House, it will certainly put a crimp in the Trump agenda and we can look forward to investigations, harassment of administration figures, and the return of “Speaker Pelosi”.   We may even be dealing with the spectacle of impeachment for no reasonable cause – both the President and Justice Kavenaugh.  An expanded Senate majority though, and a new Attorney General will give our side the means of fighting back.

Just when you thought it was safe to go back about your business!

Sid will give his thoughts on what the election results mean for all of us.

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Ballot Amendments Explained

On October 24, our RCPB lunch consisted of a ballot tutorial by Fred Scheibl. Pointing out that the consequences of passage for many of these amendments are subtle, we heard an argument that the “picks” by various groups (including the RPOF) may be missing some key information.

In particular, it was pointed out that:

• Amendment 1 is touted as a tax cut, but in reality it will shift a tax burden from homestead property to business and rental property when localities raise their millage to counter the drop in revenue.
• If Amendment 2 does not pass and the cap on non-homestead property is allowed to expire on January 1, we will see an effective tax increase in the range of $700M next year.
• Amendment 3 does not provide “voter control of gambling”, it just limits who can put such a measure on the ballot and deprives the Legislature of their power to regulate.
• Amendment 6, in attempting to create additional “rights” for victims, actually compromises the constitutional rights of defendants for a fair trial and will significantly complicate the operation of criminal trials.

The following was provided as a handout at the meeting and may be useful in understanding the implications of the amendments. The boxes in the second column show the preference of RPOF, Trump Club 45, Florida TaxWatch, the Palm Beach Post, and the Sun Sentinel. Green is YES, Red is NO.

Ballot	Others	My Pick	Rationale	Your Pick ?
#1 – Increased Homestead Property Tax Exemption	RPOF TC45 TAXW PBP SS	NO	Since taxing authorities will simply raise millage to make up for the $600M shortfall, the net effect is to shift a tax burden from homesteaders to businesses and vacation property. Counties and municipalities have booked plans to raise their rates if this passes. Commercial, rental and vacation property owners would see a tax increase on passage, as will homestead owners who fall don’t qualify for the additonal exemption (< $100K)
#2 – Limitations on Property Tax Assessments	RPOF TC45 TAXW PBP SS	YES	This simply makes permanent something we have had for 10 years and is set to expire on January 1. If it doesn’t pass, an estimated $700M new taxes will be immediately imposed on non-homestead property owners since their assessed values (20% or more below market value) would immediately rise to market value next year.
#3 – Voter Control of Gambling in Florida	RPOF TC45 TAXW PBP SS	NO	If passed, would make it very difficult to challenge the Seminole monopoly on gambling and places wrongful restrictions on the legislative body. It doesn’t give voters more control, it just limits who is permitted to put a gambling referendum on the ballot. This would be the first such restraint on the freedom of action by the Legislature, and would be a dangerous precedent.
#4 – Voting Restoration Amendment	RPOF TC45 TAXW PBP SS	NO	There is already a process for a felon to get their voting rights restored after a waiting period, and it requires the felon to ask for it, rather than being an automatic action. Passage could potentially add 10% to the voting population at a single point in time, much larger than the margin of error in recent statewide elections. No one knows how such a large voting block would act, but Democrats believe it will favor them and thus support it overwhelmingly.
#5 – Supermajority to impose / authorize / raise state taxes	RPOF TC45 TAXW PBP SS	YES	Anything that makes it harder to raise taxes is a good thing. Andrew Gillum’s plan for increasing taxes would be stymied if this passes and he is fighting hard to defeat it. Support and opposition to this amendment is largely along party lines.
#6 – Rights of Crime Victims, Judges	RPOF TC45 TAXW PBP SS	NO	This amendment increases the rights of victims at the expense of the rights of the accused, and it tampers with the judicial process for criminal trials. It would tie the hands of defense attorneys regarding the timing of hearings, and could require criminal defendents to pay restitution to victims. The criminal justice system arbitrates between the charges brought by the state (who must prove guilt) and the accused who defends against the charges. It is not meant to be a means for victims to extract restitution or revenge, or to inject themselves into the process. That activity belongs in the civil courts. If passed this Would make for VERY BAD law. Passage would also let judges stay on the bench another 5 years (to age 75), and prohibit courts from deferring to the rulings of state agencies (aka the Chevron Doctrine.)
#7 – First Responder / Military survivor benefits, colleges	RPOF TC45 TAXW PBP SS	NO	Creates another unfunded mandate on local governments who would be required to pay the benefits to local first responders, and adds bureaucracy to the management of colleges and universities. The current organizational structure of the college system would be enshrined in the constitution, making it much harder to change if needed.
#9 – Prohibits offshore drilling, indoor vaping	RPOF TC45 TAXW PBP SS	NO	A prohibition on offshore drilling should not be in the constitution. We elect legislators to make these kind of decisions. Removes the Legislature’s control of energy development, limiting future opportunities for tapping oil and gas reserves. Attempts to treat vaping the same as smoking cigarettes, an unproven assertion.
#10- State and Local Government Structure / Operation	RPOF TC45 TAXW PBP SS	NO	This amendment would force the eight counties who currently have appointed officials to create elected constitutional offices. This weakens the “home rule” ability of local governments. Our county already has constitutional elected officials, but some would argue appointing them would be an improvement, particularly with the Sheriff. Other provisions establish executive departments that need not be in the constitution, and constrains the Legislative calendar.
#11- Property Rights, cleanup, criminal statutes	RPOF TC45 TAXW PBP SS	YES	This will provide flexibility to affect those sentenced under laws that are being repealed, and otherwise cleans up some obsolete sections of the constitution.
#12- Lobbying and Abuse by Public Officers	RPOF TC45 TAXW PBP SS	NO	The 2 year restriction already in law is sufficient – most states have similar ethics laws but none goes beyond 2 years. This amendment would leave too much of the details of the proposal to others (Ethics Commission), such as defining what is a “disproportionate interest”. Should be a matter for legislation, not the constitution.
#13- Ends Dog Racing	RPOF TC45 TAXW PBP SS	NO	This seeks to eliminate existing businesses and would likely result in a move away from pari-mutual betting to card rooms and slots at existing facilities. Some believe the “humane treatment” language is a trojan horse leading to other restrictions on the treatment of animals (limit hunting for example).
County #1- School Tax increase	RPOF TC45 TAXW PBP SS	NO	The PBC school district just got a 10 year windfall with the sales tax increase. They need to make do with the money they have. According to WJNO’s Brian Mudd, we have the highest per-student spending in the state (over $15K) – much more than even Broward or Miami Dade.

Some additional Resources:
Our 2018 Amendments Analysis:	https://gopclubpb.org/2018-election/2018-ballot-questions/
TaxWatch Voter’s Guide:	http://www.floridataxwatch.org/library/2018voterguide

What is the Constitutional Revision Commission (CRC) ?

The Constitution Revision Commission (CRC) convenes once every 20 years to examine the Florida Constitution and propose changes for voter consideration. Created by Article XI, Section 2 of the Florida Constitution, the CRC is composed of 37 Commissioners. Fifteen Commissioners are appointed by the Governor of Florida, nine by the President of the Florida Senate, nine by the Speaker of the Florida House of Representatives and three by the Chief Justice of the Florida Supreme Court. The Attorney General of Florida automatically serves on the CRC. The Governor designates the Chair of the CRC.

The CRC meets for approximately one year, traveling across the State of Florida, identifying issues, performing research and possibly recommending changes to the Florida Constitution. As part of this process, the CRC holds public hearings to learn about issues that matter most to Floridians and considers proposed constitutional amendments submitted by the public. Any proposals that pass the CRC’s final vote would be placed on Florida’s General Election ballot (November 6, 2018) and must secure at least 60 percent voter approval to become law.

The 2017-2018 Constitution Revision Commission (CRC) was the third of its kind in Florida history.

In 1968, Florida voters passed an amendment requiring a CRC every 20 years.

The 1977-1978 CRC placed eight amendments on the ballot and none passed.

The 1997-1998 CRC placed nine amendments on the ballot for and 8 were passed.

The 2017-2018 CRC held 15 public hearings across the state. It adjourned on May 11, 2018, and compressed 905 individual proposals into 8 complex amendments.

The 37 commissioners were chaired by businessman and former Senate candidate Carlos Beruff who ran against Marco Rubio in the 2016 primary. Also on the commission were Pam Bondi (AG is always a member), State Representative and Lt. Governor candidate Jeanette Nunez, FL Senate candidate Belinda Keiser, and former Senate President Don Gaetz.

The commission considered 123 commissioner proposals and 782 from the public, adopting 25 which were packed into the 8 ballot questions.

Scott Maxwell on the Importance of Poll Watchers

With the election less than 6 weeks away, the county party wants a lot more volunteers to man the polling stations, both as poll watchers and to wave signs at the early voting locations. That was the main message from Executive Director Scott Maxwell on Wednesday.

Scott wants to physically cover all 14 of the early voting locations with a unified Republican presence. Unlike the limited hours during the primary, the EV sites will be open fully 7AM to 7PM.

Poll watcher classes have already started so the time to sign up is now. To illustrate the importance of that job, Scott told us the story of the rampant voter fraud that had been perpetrated in his city of Lake Worth before he was elected to the City Commission, and how effective poll watchers put an end to it.

This is story I had never heard before, and as a current poll worker, I was skeptical that it could happen with our stringent processes on checking voter identification. As we heard though, with an inside job performed by criminal poll workers, anything is possible. Poll watchers are our only line of defense against it.

Here is Scott’s story:

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In a convoluted scheme perpetrated by a coterie of far left activists, their teams went door to door seeking out those who had not voted lately, with the intention of identifying those who had died or moved away, but were still on the rolls. They then ran multiple candidates for each of the city commission seats to split the vote enough to force a runoff. When the runoff occurred, other volunteers flooded the polling places claiming to be those voters they had previously tagged as no longer eligible but still on the rolls. Since this can only work with the cooperation of the poll workers in the targeted precincts whose job it is to verify identity, it was accomplished by packing the precincts with poll workers who were part of the conspiracy.

Scott had always wondered why seemingly fringe candidates were winning these elections, and was able to ferret out how they were doing it by analyzing the voter history data for the main and runoff elections. The fix was simple – put poll watchers in the precincts to watch what was happening and prevent the fraud from taking place. This worked, Scott and other non-fringe candidates began winning elections, and the corruption has been stopped.

The evidence of collusion on the part of the poll workers was taken to the State’s Attorney and the Supervisor of Elections. Unfortunately though, time went by and ultimately the statute of limitations had passed and no prosecutions for voter fraud occurred.

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So, become a poll watcher for November and help insure a fair and open election.

Next month, join us on October 24 for a discussion of constitutional amendments you are being asked to approve. The large number of complex ballot questions to appear in November require research to really understand the consequences of their passage. Let us help you through it with a distillation of the important issues and some recommendations on how to approach them. See who put the questions on the ballot, who supports them and who opposes them. You will come away enlightened!

Ballot Amendments to be Explained at October Meeting

The large number of complex ballot questions to appear in November require research to really understand the consequences of their passage. Let us help you through it with a distillation of the important issues and some recommendations on how to approach them. See who put the questions on the ballot, who supports them and who opposes them. You will come away enlightened!

1 Increased Homestead Property Tax Exemption	2 Limitations on Property Tax Assessments	3 Voter Control of Gambling in Florida	4 Voting Restoration Amendment	5 Supermajority Vote Required to Impose, Authorize, or Raise State Taxes or Fees
6 Rights of Crime Victims; Judges	7 First Responder and Military Member Survivor Benefits; Public Colleges and Universities	8 School Board Term Limits, Allow State to Operate Non-Board Established Schools	9 Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in Enclosed Indoor Workplaces	10 State and Local Government Structure and Operation
11 Property Rights; Removal of Obsolete Provision; Criminal Statutes	12 Lobbying and Abuse of Office by Public Officers	13 Ends Dog Racing		PBC-1 PBC School District Tax Increase

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