Judge rules its language 'clearly and conclusively defective.'
Another amendment to the state constitution proposed by the Constitution Revision Revision Commission has been ordered taken off the November general election ballot.
This time it's Amendment 6, which would have revised Florida's victims' rights laws to closely resemble “Marsy's Law,” the victim's rights law adopted in California.
On Monday, 2nd Judicial Circuit Judge Karen Gievers granted motions brought by two plaintiffs challenging the proposed amendment's title and summary.
Gievers ruled that the title, “Rights of crime victims; judges,” and its summary are incomplete and inaccurate and that reference to existing constitutional provisions that would be impacted are not included in the amendment.
The removal ruling states that language of the proposed amendment is “clearly and conclusively defective by not telling voters the chief purpose is to repeal victims' rights law that was adopted in 1988.”
The proposed revision also would “significantly change the existing Florida Criminal Justice System and the Florida Juvenile Justice System” Gievers said in the order.
Amendment 8, “School board term limits and duties; public schools,” was previously removed from the November ballot.
That amendment combines three proposed changes that would remove from local school boards control of charter schools; mandate eight-year term limits for school board members; and require civics education in public schools.
Second Circuit Judge John Cooper ruled that the language of Amendment 8 “fails to inform voters of the chief purpose and effect” of the proposal.
Either or both rulings may be appealed by the state.