Isabella Carter
Florida Amendment 9, which was on the ballot in Florida as a commission referral on November 6, 2018, is tied to vaping as it sought to ban electronic smoking and vaping in all areas where traditional smoking was already constitutionally prohibited. The amendment was composed of two constitutional amendments, one banning offshore oil and gas drilling and the other banning vaping in enclosed indoor workplaces. The Florida Constitution Revision Commission (CRC) bundled the two proposed constitutional amendments as one ballot measure, meaning voters could not approve one and reject the other.
| Characteristics | Values |
|---|---|
| Date | November 6, 2018 |
| State | Florida |
| Amendment Type | Two constitutional amendments bundled into one ballot measure |
| Voter Choice | "Yes" or "No" to both amendments |
| Voter Turnout | Requires 60% supermajority for approval |
| Topics | Ban on offshore oil and gas drilling and vaping in enclosed indoor workplaces |
| Sections Amended | Section 7 of Article II and Section 20 of Article X of the Florida Constitution |
| Health Organization Support | American Cancer Society and American Lung Association |
| Purpose | Protect natural resources, scenic beauty, clean air, and water |
| Clean Indoor Air Act | Update the 1985 act to include vaping and electronic smoking |
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What You'll Learn
Florida Amendment 9 bans vaping in enclosed indoor workplaces
Florida Amendment 9, the Ban Offshore Oil and Gas Drilling and Ban Vaping in Enclosed Indoor Workplaces Amendment, was on the ballot in Florida as a commission referral on November 6, 2018. It was approved by the voters of Florida with a 60 percent supermajority vote.
Amendment 9 was a package of two constitutional amendments, with one prohibiting drilling for exploration or extraction of oil or natural gas in state waters and the other banning the use of vapor-generating electronic devices in enclosed indoor workplaces. As such, voters could not approve one and reject the other.
The amendment was intended to ensure that Floridians and visitors to the state would be afforded a true smoke-free environment. It updates Florida's Clean Indoor Air Act, first enacted in 1985, which banned smoking in certain public places. Despite this, the effects of second-hand smoke remained, and new smoking technologies have since emerged, including vaping, e-cigarettes, vape pens, vape mods, and e-hookah.
Florida Amendment 9 prohibits the use of vaping devices in enclosed indoor workplaces, with exceptions including private residences that are not being used for commercial childcare, adult care, or healthcare; retail tobacco and vape shops; designated smoking guest rooms in hotels; and stand-alone bars.
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Amendment 9 is composed of two constitutional amendments
Florida Amendment 9, also known as the Ban Offshore Oil and Gas Drilling and Ban Vaping in Enclosed Indoor Workplaces Amendment, was on the ballot in Florida as a commission referral on November 6, 2018. It was approved with a 60% supermajority vote. The Florida Constitution Revision Commission (CRC) bundled two proposed constitutional amendments as one ballot measure.
Amendment 9 prohibited drilling for exploration or extraction of oil or natural gas in state waters. This included the ocean from the shoreline to the outermost boundaries of the state's territorial seas. The measure did not affect the transportation of oil and natural gas products produced outside the state's waters.
Amendment 9 also prohibited the use of vapor-generating electronic devices in enclosed indoor workplaces. This amendment applied to beaches and waters within a specified distance off Florida's Gulf and Atlantic coasts. It updated Florida's Clean Indoor Air Act, which was first enacted in 1985. The original act banned smoking in certain public places, but the effects of second-hand smoke remained. Floridians responded in 2002 by organizing a Citizen's Initiative that led to a constitutional amendment banning smoking in public workplaces, restaurants, and indoor areas. This amendment was passed by more than 70% of Floridians. However, new smoking technology, such as vaping, e-cigarettes, and vape pens, emerged after the adoption of the 2002 amendment. Nearly 40 states banned electronic smoking in public places, but Floridians were still constitutionally protected from traditional tobacco smoke and not the new smoking technology.
Health organizations, such as the American Cancer Society and the American Lung Association, supported Amendment 9, which aimed to ensure that Floridians and visitors enjoyed a smoke-free environment.
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The Florida Constitution Revision Commission bundled the amendments
The Florida Constitution Revision Commission (CRC) is a 37-member commission that reviews and proposes changes to the Florida Constitution. The CRC has the power to refer constitutional amendments directly to the ballot for a public vote. The commission must meet every 20 years to propose changes to the state constitution for Florida voters to decide on. The CRC's unique power to refer constitutional amendments to the ballot means that Florida is the only state where electors vote on whether to hold a constitutional convention and elect the convention delegates.
The CRC was established in 1968, when voters adopted a new constitution via Amendment 1. The CRC's role is to examine the constitution, hold public hearings, and refer constitutional amendments to the ballot no later than 180 days before the election. The CRC sets its own rules and procedures beyond what is required in Section 2 of Article XI of the Florida Constitution.
In 2018, the CRC voted 33-3 to place Amendment 9, which bundled two constitutional amendments, on the ballot for the election. The first amendment prohibited drilling for exploration or extraction of oil or natural gas in state waters, including the ocean from the shoreline to the outermost boundaries of Florida's territorial seas. The second amendment prohibited the use of vapor-generating electronic devices in enclosed indoor workplaces. As a result, voters could only approve or reject both amendments as a package, not individually.
The bundling of these two amendments was controversial. Save My Constitution, a group of former state and federal lawmakers, opposed the measure, arguing that bundling multiple subjects in a single proposal was confusing, misleading, and deceptively placed on the ballot. However, health organizations such as the American Cancer Society and the American Lung Association supported Amendment 9, intending to ensure a smoke-free environment for Floridians and visitors to the state.
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Amendment 9 bans offshore oil and gas drilling in Florida
Florida Amendment 9, the Ban Offshore Oil and Gas Drilling and Ban Vaping in Enclosed Indoor Workplaces Amendment, was on the ballot in Florida as a commission referral on November 6, 2018. It was approved with a 60% supermajority vote. The Florida Constitution Revision Commission (CRC) voted 33-3 to place Amendment 9, which is composed of two constitutional amendments, on the ballot for the election.
Amendment 9 prohibited drilling for exploration or extraction of oil or natural gas in state waters. This prohibition included the ocean from the shoreline to the outermost boundaries of the state’s territorial seas. The amendment also banned the use of vapor-generating electronic devices in enclosed indoor workplaces.
The amendment sought to protect the state's natural resources and scenic beauty, as outlined in Section 7 of Article II and Section 20 of Article X of the Florida Constitution. It also aimed to conserve and protect the state's environment and economy, offering crucial protections to Florida's coastal waters, which are essential for the state's economic well-being.
Health organizations, such as the American Cancer Society and the American Lung Association, supported Amendment 9, intending to ensure that Floridians and visitors enjoyed a smoke-free environment. The amendment also addressed the emergence of new smoking technologies, such as vaping, e-cigarettes, and vape pens, which were not covered by the previous smoking ban.
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Amendment 9 will update Florida's Clean Indoor Air Act
In 2018, Florida Amendment 9 was put to a vote. This amendment was composed of two separate constitutional amendments bundled into a single ballot measure. The first prohibited drilling for oil or natural gas in state waters, while the second prohibited the use of vapor-generating electronic devices in enclosed indoor workplaces.
Health organizations such as the American Cancer Society and the American Lung Association supported Amendment 9, which was intended to ensure that Floridians and visitors to the state would be afforded a smoke-free environment. The amendment will prohibit electronic smoking and vaping in all areas where traditional smoking is already constitutionally prohibited. This includes beaches and waters within 10 miles of Florida's Gulf coast and 3 miles of its Atlantic coast.
Amendment 9 provides voters with a two-fold opportunity to protect Florida's natural resources and scenic beauty and to create a higher level of protection for the state's citizens from the dangers of both traditional tobacco smoke and new smoking technologies.
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Frequently asked questions
Amendment 9 is a Florida ballot measure that was approved on November 6, 2018, with a 60% supermajority vote. It is composed of two constitutional amendments banning offshore oil and gas drilling and the use of electronic smoking and vaping devices in enclosed indoor workplaces.
Amendment 9 is tied to vaping because it prohibits the use of electronic smoking and vaping devices in all enclosed indoor workplaces in Florida. This includes workplaces, restaurants, and indoor areas where traditional smoking is already banned.
The purpose of Amendment 9 was to address the emergence of new smoking technologies, such as vaping, that were not covered by the 2002 constitutional amendment banning traditional tobacco smoke in public places. It aimed to provide uniform protection for Floridians and ensure a true smoke-free environment, with support from health organizations like the American Cancer Society and the American Lung Association.
