This week, a Leon County judge enjoined the State from including proposed Amendment 6 from appearing on the ballot. There have already been a couple provisions stricken, and now the court has found a third violates the “truth in packaging” requirement the the description accurately inform the public of the contents and effect of the proposed amendment. As we discussed on the last one, there is a pattern apparent that the CRC decided to try to cram the amendments through by hiding the ball, as well as bundling multiple issues into several of the proposals. The courts have been unimpressed, as challengers are now 3 for 3 in their attempts to strike the amendments.
Amdendment 6 was problematic not just because it combined disparate subjects: victim’s rights, term limits for judges, and de novo review of administrative hearings. Amendment 6 was also flying under the banner of “victim’s rights”, (as it’s being pushed by a special interest group promoting ‘Marsy’s Law’), however, it was misleading because Florida already has a Victim’s Rights component to its Constitution, and this amendment would not only create additional victim’s rights, but it would likely infringe upon due process rights of the accused, as required under the federal Constitution. The court found multiple reasons that the title and summary of the proposal are incomplete or outright misleading, and has ordered that it not appear on the ballot.
The issue has been appealed, and it appears the Supreme Court of Florida will hear argument on it September 5, which I believe to be the same day they will hear argument on proposed Amendment 8.