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Florida License Protection Amendment (2016)
| Florida License Protection Amendment | |
|---|---|
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| Type | Amendment |
| Origin | Citizens |
| Topic | Business regulation |
| Status | Not on ballot |
| Not on Ballot |
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| This measure was not put on an election ballot |
| Voting on Business Regulation | |||||
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| Ballot Measures | |||||
| By state | |||||
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| Not on ballot | |||||
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The License Protection Amendment (#15-12) was an initiated constitutional amendment that did not make the Florida ballot on November 8, 2016.
The measure would have strengthened the power of licenses by making them valid for the lifetime of the person holding the license. It would have also prohibited license suspensions, granted license due process protection, and granted license holders a trial by jury before the state can take away a license.[1]
By license, the measure refers to any form of written permission authorized by a licensing agency which allows the license holder to engage in an activity, such as a profession, trade or driving.[1]
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ | License Protection Amendment[2] | ” |
Ballot summary
The ballot summary was as follows:[1]
| “ | Amendment prevents the use of license suspension to enforce fine and tax collection. Licenses are given due process protection. Licenseholders are to be given right to trial by jury, and must be convicted of a crime before the State can take action against a license.
Amendment grants licenses for the lifetime of the licenseholder, with provisions to penalize criminal activity. Non-criminal licenseholders are given standing in court for redress of due process violations.[2] |
” |
Full text
The full text was as follows:[1]
| “ | We declare all licenses, once duly obtained, to be property granted for the lifetime of the licenseholder. Licenses shall be afforded due process protection, which herein includes the right to self-defense in a trial by jury.
Any action taken against any license, including restricting any use of a license, suspending a license, or revoking a license, may only be taken after conviction of the licenseholder of a felony or a misdemeanor by a 12 member jury; the convicting jury must also determine that the felony or misdemeanor is directly relevant to the future use of the license in such a way that is demonstrably harmful to the general public. Licenses shall no longer be jeopardized for the purpose of levying taxes or fines; no license shall be restricted, suspended, or revoked for non-payment of taxes or fines. To prevent the use of fees to indirectly jeopardize a license for the purpose of levying a tax or fine, no fees shall be assessed for the origination, maintenance, or reinstatement of licensure. To give citizens standing in court for redress of due process violations, we add that any civil servant who acts against a licenseholder without due process having first been served (i.e. a non-criminal licenseholder) may be held civilly liable for all direct or indirect material damages resulting from the restriction, suspension, or revocation of a license. Herein, a “license” means a license, permit, certificate, registration, franchise, or other form of written permission issued by a licensing agency to an individual which authorizes the individual to engage in an occupation, business, trade, or profession, or to engage in a recreational activity, including driving. Herein, a “licenseholder” includes any person holding a license issued by the State of Florida or by any state agency, municipality, county, or city within the State of Florida, or by any organization issuing a license under the auspice of State authority. Herein, the terms “misdemeanor” and “felony” include only misdemeanors or felonies codified in the Florida State Statues. Marriage licenses, seasonal fishing licenses, and seasonal hunting licenses are exempt from this amendment.[2] |
” |
Path to the ballot
- Supporters needed to collect a minimum of 683,149 valid signatures by February 1, 2016, to qualify the measure for the November 2016 ballot.
- By February 1, 2016, petitioners had not submitted any valid signatures, according to the secretary of state.[1]
- Supporters did not collect enough signatures by the deadline to reach the ballot.
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 five out of the seven presidential elections between 2000 and 2024.
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.[3]
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
- Endorsers in Florida
- Florida fact checks
- More...
See also
- Florida 2016 ballot measures
- 2016 ballot measures
- Florida Legislature
- List of Florida ballot measures
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Florida Department of State, "Constitutional Amendment Petition Form," accessed November 16, 2015
- ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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