User:Starrfruit/sandbox/Redistricting in Florida

As in other U.S. states, the state of Florida must redraw its congressional and legislative districts every ten years to reflect population changes. Redistricting normally occurs after the decennial United States Census; the most recent Census took place in 2010. The Florida Legislature has primary control over the congressional and legislative redistricting process.

Redistricting of county commissions, school boards, and city commissions is carried out by the individual local government, and generally also occurs every ten years following the Census.

History

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Here is some light background and history. Pre-1960s.

Automatic Supreme Court review

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History of automatic review background/development. 1970s, 1980s.

1990 redistricting cycle

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Deadlock and court intervention.

2000 redistricting cycle

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Attempts at challenges

Fair Districts Amendments

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In 2010, the political committee Fair Districts Florida proposed two ballot initiatives to amend the Florida Constitution to restrict gerrymandering. The "Fair Districts Amendments" appeared as Amendments 5 and 6 on the November, 2010 ballot. The measures prohibited districts from being drawn to favor or disfavor a political party or incumbent, and included provisions to protect minority voting rights. They also required districts to be compact and use existing political and geographic boundaries.

The amendments' supporters included the Florida Democratic Party, the League of Women Voters of Florida, NAACP, ACLU, Common Cause, National Council of La Raza, and then-Republican Governor Charlie Crist. Opponents included the Republican Party of Florida, Florida Chamber of Commerce, and Democratic Congresswoman Corrine Brown.

The Fair Districts Amendments were approved with over 62% of the vote, surpassing the 60% threshold needed. They were codified as Sections 20 and 21 in Article III of the Florida Constitution.

Amendment 7

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In April 2010, the legislature passed a resolution proposing its own redistricting amendment. The measure would require the state to balance various standards when it redistricted, including minority opportunities and communities of common interest. Supporters claimed the amendment would clarify the Fair Districts proposals, while opponents charged that the amendment's goal was to undermine the Fair Districts Amendments and preserve the legislature's ability to draw maps as it pleased.

Proponents of the Fair Districts Amendments sued to remove Amendment 7 from the ballot. On July 8, 2010, a 2nd Circuit Court judge struck the amendment from the ballot, finding that the ballot summary was misleading. The next month, the state Supreme Court upheld that ruling, and Amendment 7 did not appear on the November ballot.

2010 redistricting cycle

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Info on legislative process and lead up to automatic review.

Supreme Court automatic review

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App I & II

Later challenge to the Senate plan

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This.

Challenge to the congressional plan

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Congressional case.

Effects of Fair Districts and calls for further reform

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Partly as a result of the Fair Districts Amendments, the Republican Party's advantage in Florida's congressional delegation shrunk to 17-10 following the 2012 elections, down from 19-6 prior. Two Republican incumbents lost primary elections in 2012 after being drawn into new districts with new, unfamiliar territory. Democrats are widely expected to net one or two more seats in 2016 under the court-mandated plan.

In the Legislature, the Republicans similarly saw their majorities diminish somewhat, partly due to the Fair Districts Amendments. The Republican Party lost two Senate seats and five House seats in 2012, resulting in majorities of 26-14 and 76-44, respectively. Republicans regained five seats in 2014, however. As with the congressional plan, Democrats are widely expected to gain seats in 2016 under the court-mandated Senate map.

Citing the Legislature's inability to follow the Fair Districts laws and the high cost of the resulting court battles, some politicians have called for further reform. In a concurrence to the Apportionment II opinion approving the first revised senate map, Justice Barbara Pariente suggested loosening the tight timeframes of the automatic review process and exploring less legally onerous ways to achieve fair maps. She also suggested handing redistricting over to an independent commission, an idea that others have embraced. State Representative Dwight Dudley and Senator Arthenia Joyner, both Democrats, have introduced bills to establish a state redistricting commission similar to the ones in Arizona and California. Some Republican legislators, meanwhile, have proposed changing the Fair Districts requirements to give the Legislature more flexibility when making redistricting decisions.

References

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[[Category:Florida elections] [[Category:Florida politics] [[Category:Redistricting] [[Category:United States congressional districts|Florida]


Florida Constitution Revision Commission
 
The 1997-98 Commission
Agency overview
JurisdictionFlorida Constitution
HeadquartersTallahassee, Florida
Agency executives
  • Dexter Douglass, Chair (1997-98)
  • William Buzzett, Executive Director (1997-98)

The Florida Constitution Revision Commission (CRC) is a 37-member body established every 20 years to propose changes to the Florida Constitution. The commission last met in 1997-98 and will next meet in 2017-18, with any proposed amendments appearing on the 2018 general election ballot.

Structure and procedures

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The 1968 Florida Constitution, Art. XI, Sec. 2, called for a constitutional revision commission to be established in the tenth year after the original constitution was adopted, and in every twentieth year after that. Each commission is tasked with examining the constitution, holding public hearings, and proposing any amendments it deem necessary. Those proposals go before the voters at the next general election and must be approved by 60% of those voting to be adopted.[1][2]

The 37 commission members are appointed in the following manner:

The governor selects one of the members to serve as chair.[3]

1977-78 Commission

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The commission was first established in 1977. Commissioners were appointed in July 1977 by Governor Reubin Askew, Senate President Lew Brantley, House Speaker Donald Tucker, and Chief Justice Ben Overton. Attorney General Robert Shelvin served as an ex officio member.

Following the commission's first meeting on July 6, 1977, it conducted 10 preliminary public hearings throughout the state, held 25 meetings, and adopted 87 proposed changes of the hundreds considered.[4] After more hearings, the commission condensed the changes into eight constitutional amendments, which were submitted to voters in the November 1978 election.[5]

Proposed amendments

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The CRC proposed eight amendments: the first would make a variety of changes throughout the constitution, with the remaining seven making more specific changes to different sections. All eight amendments were rejected by the voters, but several of the ideas included in these proposals were eventually incorporated into the constitution or law in succeeding years[6][7]

No. Title Ballot Summary Results
Yes % No % Total
1 Basic Document "Proposing a revision of the Florida Constitution, generally described as the Basic Document, embracing the subject matter of Articles I (Declaration of Rights), II (General Provisions), III (Legislature), IV (Executive), V (Judiciary), VI (Suffrage and Elections), VIII (Local Government), X (Miscellaneous), XI (Amendments) and XII (Schedule), except for other revisions separately submitted for a vote on this ballot." 623,703 29.2% 1,512,106 70.8% 2,135,809
2 Declaration of Rights (SEX) "...to provide that no person will be deprived of any right because of sex." 1,002,479 43.1% 1,323,497 56.9% 2,325,976
3 Legislative (Single-Member Districts and Reapportionment Commission]) "...to require single-member legislative districts, and to establish reapportionment standards and a commission to prepare a reapportionment plan for legislative and congressional districts." 982,747 46.9% 1,113,394 53.1% 2,096,141
4 Executive (Cabinet) "...to eliminate the cabinet composed of the secretary of state, the attorney general, the comptroller, the treasurer, the commissioner of agriculture and the commissioner of education in January, 1983; and to provide, in such event, that the governor, acting jointly with at least one officer, as provided by law, shall be responsible for the investment of state funds, the management of bond debt and the acquisition and disposition of state lands; and to provide that other cabinet duties shall be transferred by law." 540,979 25.1% 1,614,630 74.9% 2,155,609
5 Executive (Public Service Commission and Public Counsel) "...to provide for a five-member public service commission, each member to be appointed by the governor from a list of not fewer than three persons submitted by a nominating commission, and that such members shall be confirmed by the senate; and to establish a public counsel to represent the people of the state before the public service commission." 772,066 35.9% 1,375,548 64.1% 2,147,614
6 Judiciary (Selection and Retention of Circuit and County Judges) "...to provide that circuit and county court judges submit themselves for retention or rejection by the electors in a general election every six years; to provide that the governor shall fill vacancies occurring by rejection or otherwise from a list of at least three names submitted by the appropriate nominating commission; and to increase the terms of county court judges from four to six years." 1,058,574 49.1% 1,095,756 50.9% 2,154,330
7 Finance and Taxation "...to provide that property owned by a municipality and held for municipal purposes shall be exempt from taxation; to extend the personal property tax exemption to all natural persons, and to extend to widowers the property tax exemption of not less than five hundred dollars; to provide for ad valorem tax exemption for leasehold interests created prior to January 1, 1978 in government owned property; to provide that leasehold interests in government property leased for public purposes in connection with air, water or ground transportation may be exempt from taxation as provided by law; to permit adjustments to tax assessments relating to stock in trade and livestock, historic property and solar energy systems; to permit the revaluation of property every two years; to authorize the use ot tax abatement and increment for redevelopment of slum and blighted area; to provide that corporate income tax may not be levied against the appreciation of property value occurring prior to November 2, 1971; to permit an annual adjustment to the homestead exemption to maintain a constant value using 1979 as a base year and providing for replacement of revenue to local governments; to provide that state bonds may be used to finance water facilities and may be combined for sale; to provide that revenue bonds may only be issued for fixed capital outlay projects, to place limitations on revenue bonds and bond anticipation notes issued by local governments; and to provide that revenue bonds may be issued for housing and related facilities." 779,389 36.4% 1,368,346 63.7% 2,147,735
8 Education "...to provide that the state board of education shall be appointed by the governor and confirmed by the senate, and shall be responsible for the management and coordination of the state system of public education, to provide that the commissioner of education shall be appointed by the board in the event the office of elected commissioners is abolished, and to provide for a board of regents, appointed by the governor and confirmed by the senate, which shall govern the state university system." 771,282 36.3% 1,353,986 63.7% 2,125,268

Members

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Of the 37 members and four alternates, there were five women, three African-Americans, and one Cuban. Nine members were from Tallahassee while only eight came from the much more populous Dade County. Four members were Republicans while thirty were Democrats, with three judges holding nonpartisan offices. 19 members were attorneys. Four were currently serving as state senators, including Senate President Lew Brantley, who appointed himself. There were two current state representatives, and a further four members who had formerly served in the legislature. The commission's three judges were all appointed by Chief Justice Ben Overton, who appointed himself.[8][9][10]

Steven Uhlfelder, a Tallahassee attorney and special counsel to Reubin Askew, was the commission's executive director.[4][11]

Member Occupation Residence Party Appointed by
Sandy D'Alemberte, Chair Attorney, former state representative Miami Dem Governor
Jim Apthorp Businessman, former Reubin Askew aide Miami Dem Governor
DuBose Ausley Attorney Tallahassee Dem Governor
Yvonne Burkholz Teachers' union lobbyist Miami Dem Governor
LeRoy Collins Former governor Tallahassee Dem Governor
John DeGrove Florida Atlantic University professor Boca Raton Dem Governor
Freddie Groomes Executive Assistant to the President of Florida State University Tallahassee Dem Governor
Lois Harrison Florida Ethics Commission member, President of the Florida League of Women Voters Lakeland Dem Governor
James W. Kynes Former Attorney General, Vice President of the Walter Corporation Tampa Dem Governor
Jack Mathews Former Senate President Jacksonville Dem Governor
Jesse J. McCrary Jr Attorney Miami Dem Governor
Jon Moyle Former Chairman of the Florida Democratic Party West Palm Beach Dem Governor
Jan Platt Tampa City Council member Tampa Dem Governor
Donald H. Reed Jr. Former House minority leader Boca Raton Rep Governor
Nathaniel P. Reed Former Assistant Secretary of the Interior Hobe Sound Dem Governor
Edward R. Annis Former President of the American Medical Association Miami Dem Senate President
Dempsey J. Barron State senator Panama City Dem Senate President
Bill Birchfield Former state representative Jacksonville Dem Senate President
Lew Brantley Senate President Jacksonville Dem Senate President
Mark C. Hollis Vice President of Publix Super Markets Lakeland Dem Senate President
Richard V. Moore Former President of Bethune-Cookman College Daytona Beach Dem Senate President
Kenneth A. Plante Senate minority leader Winter Park Rep Senate President
Stella F. Thayer Attorney Tampa Dem Senate President
John T. Ware State senator St. Petersburg Rep Senate President
William C. Clark Vice Chair of the Judicial Qualifications Commission, insurance executive West Palm Beach Dem House Speaker
Dexter Douglass Attorney Tallahassee Dem House Speaker
William H. Gardner Accountant and tax expert Tallahassee Dem House Speaker
Bill James House minority leader Delray Beach Rep House Speaker
Marcello Oliva Osteopath Dade City Dem House Speaker
Nathaniel Polak Insurance executive Tallahassee Dem House Speaker
B.K. Roberts Former Supreme Court Justice Tallahassee Dem House Speaker
John L. Ryals House Speaker pro tempore Bradenton Dem House Speaker
J.B. Spence Attorney Miami Dem House Speaker
Thomas H. Barkdull Jr. Third District Court of Appeal Judge Miami N/A Chief Justice
John H. Moore II 17th Judicial Circuit Court Judge Fort Lauderdale N/A Chief Justice
Ben Overton Chief Justice of the Supreme Court St. Petersburg N/A Chief Justice
Robert L. Shevin Attorney General Miami Dem ex officio

Alternate members

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Alternate member Occupation Residence Party Appointed by
Charlotte Hubbard Florida Ethics Commission member Clearwater Dem Governor
Sybil C. Mobley Florida A&M University professor Tallahassee Dem Governor
Elliott Messer Attorney Tallahassee Dem Senate President
Warren Morgan Aide to Donald Tucker Tallahassee Dem House Speaker

1997-98 Commission

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Proposed amendments

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The commission proposed nine amendments, which appeared on the 1998 ballot as revisions 5-13. All but one of the revisions received the majority support needed to be incorporated into the constitution.[7][12]

No. Title Ballot Summary Results
Yes % No % Total
5 Conservation of Natural Resources and Creation of Fish and Wildlife Conservation Commission "Requires adequate provision for conservation of natural resources; creates Fish and Wildlife Conservation Commission, granting it the regulatory and executive powers of the Game and Fresh Water Fish Commission and the Marine Fisheries Commission; removes legislature's exclusive authority to regulate marine life and grants certain powers to new commission; authorizes bonds to continue financing acquisition and improvement of lands for conservation, outdoor recreation, and related purposes; restricts disposition of state lands designated for conservation purposes." 2,630,674 72.3% 1,007,905 27.7% 3,638,579
6 Public Education of Children "Declares the education of children to be a fundamental value of the people of Florida; establishes adequate provision for education as a paramount duty of the state; expands constitutional mandate requiring the state to make adequate provision for a uniform system of free public schools by also requiring the state to make adequate provision for an efficient, safe, secure, and high quality system." 2,623,889 71.0% 1,069,406 29.0% 3,693,295
7 Local Option for Selection of Judges and Funding of State Courts "Provides for future local elections to decide whether to continue electing circuit and county judges or to adopt system of appointment of those judges by governor, with subsequent elections to retain or not retain those judges; provides election procedure for subsequent changes to selection of judges; increases county judges' terms from four to six years; corrects judicial qualifications commission term of office; allocates state courts system funding among state, counties, and users of courts." 2,028,165 56.9% 1,536,523 23.1% 3,564,688
8 Restructuring the State Cabinet "Merges cabinet offices of treasurer and comptroller into one chief financial officer; reduces cabinet membership to chief financial officer, attorney general, agriculture commissioner; secretary of state and education commissioner eliminated from elected cabinet; secretary of state duties defined by law; changes composition of state board of education from governor and cabinet to board appointed by governor; board appoints education commissioner; defines state board of administration, trustees of internal improvement trust fund, land acquisition trust fund." 1,950,311 55.5% 1,562,234 44.5% 3,512,545
9 Basic Rights "Defines "natural persons," who are equal before the law and who have inalienable rights, as "female and male alike;" provides that no person shall be deprived of any right because of national origin; changes "physical handicap" to "physical disability" as a reason that people are protected from being deprived of any right." 2,416,324 66.3% 1,230,683 33.7% 3,647,007
10 Local and Municipal Property Tax Exemptions and Citizen Access to Local Officials "Broadens tax exemption for governmental uses of municipal property; authorizes legislature to exempt certain municipal and special district property used for airport, seaport, or public purposes; permits local option tax exemption for property used for conservation purposes; permits local option tangible personal property tax exemption for attachments to mobile homes and certain residential rental furnishings; removes limitations on citizens' ability to communicate with local officials about matters which are the subject of public hearings." 1,754,747 49.8% 1,766,490 50.2% 3,521,237
11 Ballot Access, Public Campaign Financing, and Election Process Revisions "Provides ballot access requirements for independent and minor party candidates cannot be greater than requirements for majority party candidates; allows all voters, regardless of party, to vote in any party's primary election if the winner will have no general election opposition; provides public financing of campaigns for statewide candidates who agree to campaign spending limits; permits candidates for governor to run in primary elections without lieutenant governor; makes school board elections nonpartisan; corrects voting age."  2,239,607 64.1% 1,253,150 35.9% 3,492,757
12 Firearms Purchases: Local Option for Criminal History Records Check and Waiting Period "Authorizes each county the option of requiring a criminal history records check and waiting period of 3 to 5 days in connection with the "sale" of any firearm; defines "sale" as the transfer of money or other valuable consideration for a firearm where any part of the transaction occurs on property open to public access; does not apply to holders of a concealed weapons permit when purchasing a firearm." 2,655,010 72.0% 1,033,020 28.0% 3,688,030
13 Miscellaneous Matters and Technical Revisions "Removes gender-specific references; allows prison sentences in court-martial actions; consolidates ethics code provisions; specifies time for veto message consideration; clarifies that legislature gives designated officials final general appropriations bills 72 hours before passage; allows direct appeal of courts-martial to specified state court and advisory opinions from federal military courts; requires earlier constitution revision commission appointments; changes tax and budget reform commission voting procedures and meetings from every 10 to every 20 years." 1,869,111 55.0% 1,530,883 45.0% 3,399,994

Members

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Commissioners were appointed by Governor Lawton Chiles, Senate President Toni Jennings, House Speaker Daniel Webster, and Chief Justice Gerald Kogan. Attorney General Bob Butterworth served automatically.[13]

Member Occupation Appointed by
Dexter Douglass, Chair General Counsel for Lawton Chiles, 1977-78 CRC member Governor
Clarence E. Anthony Mayor of South Bay Governor
Thomas H. Barkdull Jr. Third District Court of Appeal Judge, 1977-78 CRC member Governor
Martha Barnett Attorney Governor
Robert Brochin Deputy General Counsel for Lawton Chiles; Chief Inspector General Governor
Barbara Ford-Coates Sarasota County tax collector Governor
Ellen Freidin Attorney Governor
William Clay Henderson President of the Florida Audubon Society Governor
Jon L. Mills Law professor, former House Speaker Governor
Robert L. Nabors Attorney Governor
Judith Byrne Riley Realty executive Governor
Katherine Fernandez Rundle State Attorney for the 11th Judicial Circuit Governor
H.T. Smith Attorney Governor
James Harold Thompson Attorney; former House Speaker Governor
Stephen N. Zack Attorney Governor
Antonio L. Argiz Accountant Senate President
Pat Barton Realtor Senate President
Ander Crenshaw Investment banker; former state senator and representative Senate President
Marilyn Evans-Jones Realtor; former state representative Senate President
Toni Jennings Senate President Senate President
John F. Lowndes Attorney Senate President
Frank Morsani Business executive; former U.S. Chamber of Commerce chair Senate President
Carlos Planas Auto dealership executive Senate President
James A. Scott State senator Senate President
Carlos J. Alfonso Architect House Speaker
Kenneth L. Connor Attorney House Speaker
Chris Corr Walt Disney Imagineering executive House Speaker
Valerie W. Evans Attorney and school teacher House Speaker
Paul M. Hawkes Attorney; former state representative House Speaker
Dick Langley Attorney; farmer; former state senator and representative House Speaker
J. Stanley Marshall Chair and CEO of the James Madison Institute House Speaker
Jacinta Mathis Attorney House Speaker
Paul West Mortgage and real estate broker House Speaker
Gerald Kogan Chief Justice of the Supreme Court Chief Justice
Alan C. Sundberg Florida State University General Counsel; former Chief Justice Chief Justice
Gerald T. Washington Former 11th Circuit Court judge Chief Justice
Bob Butterworth Attorney General ex officio

Alternate members

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Alternate member Appointed by
Ira H. Leesfield Governor
Lyra Blizzard Logan Governor

2017-18 Commission

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The commission will next be established in 2017, within 30 days before the start of the regular session of the legislature on March 7. Assuming there are no changes in leadership, commissioners will be appointed by Governor Rick Scott, Senate President-Designate Joe Negron, House Speaker-Designate Richard Corcoran, and Chief Justice Jorge Labarga. Attorney General Pam Bondi will automatically serve as a member.[14] This will be the first time a majority of the CRC will be appointed by Republicans.

Any amendments the commission proposes will appear on the November 2018 ballot for voters' approval. As a result of a 2006 legislatively-referred constitutional amendment, this will be the first time the CRC's proposals will have to be approved by a 60% supermajority of voters, rather than a simple majority.[2]

In advance of the commission's formation, the LeRoy Collins Institute at Florida State University spearheaded the Partnership for Revising Florida's Constitution. Its mission is to educate the public on the revision process, engage them in the CRC's work, and conduct outreach during the election.[15]

References

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  1. ^ In 2006, a constitutional amendment was passed that increased the number of votes needed to approve a constitutional amendment, from a simple majority to 60%.
  2. ^ a b "Florida Amendment 3, Supermajority Vote Required to Approve a Constitutional Amendment (2006) - Ballotpedia". ballotpedia.org. Retrieved 2016-06-20.
  3. ^ "About the CRC". Partnership for Revising Florida's Future. Retrieved June 20, 2016.
  4. ^ a b Ellis, Virginia (July 6, 1977). "A New State Government for Florida?". St. Petersburg Times. Retrieved June 20, 2016.
  5. ^ "The 1978 Constitution Revision Commission". Florida Constitution Revision Commission. FSU College of Law. Retrieved June 20, 2016.
  6. ^ "November 7, 1978 General Election". Division of Elections Results Archive. Florida Department of State. Retrieved June 20, 2016.
  7. ^ a b "Initiatives / Amendments / Revisions". Division of Elections. Florida Department of State. Retrieved June 20, 2016.
  8. ^ AP (July 2, 1977). "Constitution Panel is Named". Panama City News-Herald. Retrieved June 20, 2016.
  9. ^ AP (July 2, 1977). "Askew, Others Name 25 to Constitution Revision Panel". Daytona Beach Morning Journal. Retrieved June 20, 2016.
  10. ^ AP (July 3, 1977). "Baron Named to Unit". Panama City News-Herald. Retrieved June 20, 1916. {{cite news}}: Check date values in: |access-date= (help)
  11. ^ Sanchez, Edgar (version October 31, 1978). "Uhlfelder: Provision Would Help Schools". Palm Beach Post. Retrieved June 20, 2016. {{cite news}}: Check date values in: |date= (help)
  12. ^ "November 3, 1998 General Election". Division of Elections Results Archive. Florida Department of State. Retrieved June 20, 2016.
  13. ^ "Commissioners & Alternates, 1997-1998". Florida Constitution Revision Commission. FSU College of Law. Retrieved June 20, 2016.
  14. ^ Rosica, James (August 16, 2015). "Gov. Scott will have power over next rewriting of the state constitution". Tampa Bay Times. Retrieved June 20, 2016.
  15. ^ "About Us". Partnership for Revising Florida's Constitution. Retrieved June 20, 2016.
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Category:State agencies of Florida