FOR IMMEDIATE RELEASE

Oct. 17, 2018
Contact: Marcos Miralles,
Chairman, Libertarian Party of Florida
chair@lpf.org

 

Once again, the Constitutional Revision Commission “bundled” three unrelated topics into one, the “Repeal Prohibition on Aliens’ Property Ownership, Delete Obsolete Provision on High-Speed Rail, and Repeal of Criminal Statutes’ Effect on Prosecution Amendment.” However, we would vote YES on all three, especially the third.

Let’s take a brief look at each one.

Repeal the Florida Alien Land Law (P 3) – Removes discriminatory language related to real property rights.

LIBERTARIAN PARTY OF FLORIDA PLATFORM

PREAMBLE
Libertarians seek a society based on personal liberty and responsibility—a society in which all individuals are sovereign over their own lives. This most desirable method of organizing society is the natural order that arises when the unalienable rights of individuals to life, liberty and property ownership are respected and protected.
People have the right to engage in any activity that is peaceful and honest, and pursue happiness in whatever manner they choose so long as they do not forcibly or fraudulently interfere with the equal rights of others. Libertarians welcome the peace, prosperity, and diversity that freedom brings.

I. STATE GOVERNMENT
4. We support Equality under the Law, and condemn any law that either rewards or punishes any individual based on race, ethnicity, religion, gender, gender identity, sexual orientation, or any other group identification. Each person has the same inalienable rights. It is the State’s duty to protect those rights for each individual equally.

DISCUSSION

This proposal would repeal the 1926 Alien Act Law and allow foreign nationals to own land in Florida. While this law would eliminate the 100-year-old bias against Asians owning land in Florida, voters defeated a similar proposal in 2008. The United States Supreme Court systematically struck down laws that did not provide “equal protection” in other states but the Florida law remained on the books. We support this provision so any peaceful person can own land in Florida.

Delete Obsolete Provision on High-Speed Rail (P 12) – Removes obsolete language repealed by voters.

 

LIBERTARIAN PARTY OF FLORIDA PLATFORM

N / A

DISCUSSION
In 2004, Florida voters repealed the High Speed Rail Amendment which required construction of a 120+ mile per hour rail system connecting the state’s largest urban areas. However, the original wording wasn’t removed from the Constitution. This proposal removes it. We agree this cleanup language is a good idea

Repeal of Criminal Statutes’ Effect on Prosecution (P 20) – Deletes provision that amendment of a criminal statute will not affect prosecution or penalties for a crime committed before the amendment; retains current provision allowing prosecution of a crime committed before the repeal of a criminal statute.

LIBERTARIAN PARTY OF FLORIDA PLATFORM

PREAMBLE
(See above)
I. STATE GOVERNMENT
4. (See above)

DISCUSSION
Florida’s Constitution has a 133-year-old “Savings Clause” which prevents the Legislature from reducing a criminal sentence even if it subsequently changes or even does away with that crime. This proposal would remove that prohibition. Unfortunately, what this Amendment doesn’t do is require reduction of current convictions.

We believe everyone convicted of a crime should be treated equally if penalties for that crime change. We will urge the Legislature to commute all sentences should they modify sentencing in the future if this proposal passes. We support this Amendment because of this proposal.

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