Amendment
Bill No. 1979
Amendment No. 729923
CHAMBER ACTION
Senate House
.
.
.






1Representative Pickens offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the resolving clause and insert:
5     That the creation of Section 8 of Article XI and Section 26
6of Article XII of the State Constitution set forth below are
7agreed to and shall be submitted to the electors of Florida for
8approval or rejection at the general election to be held in
9November 2004:
10
ARTICLE XI
11
AMENDMENTS
12     SECTION 8.  Amendments requiring government spending or
13imposing costs on taxpayers.--Each amendment or revision
14proposed to this constitution that requires spending by
15government greater than $10 million in any state fiscal year, or
16that imposes costs on taxpayers greater than $10 million in any
17state fiscal year, must be approved by two-thirds of the voters
18voting on the proposed amendment or revision. Spending by
19government shall include spending by state government or its
20subdivisions, spending by any local government or municipality,
21or any combination thereof. Costs on taxpayers shall include any
22limitation on the ability to earn or receive income, any
23increased expense, any decrease in present or future property
24value, any cost of regulatory compliance, or any combination
25thereof. However, costs on taxpayers shall not include decreases
26in spending by government or changes in eligibility for
27benefits, incentives, or preferences that are mandated or
28offered by government. The specified amount shall be $10 million
29in any state fiscal year. The spending required and costs
30imposed by proposed amendments or revisions shall be determined
31in a manner provided by general law and shall include the total
32of all spending required and all costs imposed by the
33implementation of each proposed amendment or revision. The term
34"taxpayers" includes any natural person or legal entity subject
35to any federal, state, or local tax authorized by law.
36
ARTICLE XII
37
SCHEDULE
38     SECTION 26.  Approval of constitutional amendments and
39revisions imposing spending or costs.--The creation of Section 8
40of Article XI requiring a vote of at least two-thirds of the
41electors voting on the measure for the approval of a proposed
42amendment or revision imposing spending by government or
43imposing costs on taxpayers in excess of $10 million shall not
44apply to any measure, however proposed, which is filed with the
45custodian of state records prior to the 181st day after the
46effective date of initial legislation providing the manner of
47determining the spending required or costs imposed.
48     BE IT FURTHER RESOLVED that the title and substance of the
49amendment proposed herein shall appear on the ballot as follows:
50
2/3 VOTE REQUIRED FOR CONSTITUTIONAL
51
AMENDMENTS THAT INCREASE SPENDING OR IMPOSE
52
TAXPAYER COSTS
53     Proposes the creation of Section 8 of Article XI of the
54State Constitution to increase from a majority to two-thirds the
55vote required to adopt any amendment to the constitution that
56would require spending by government greater than $10 million in
57any state fiscal year or that would impose costs on taxpayers
58greater than such amount. Spending by government would include
59spending by state government or its subdivisions, any local
60government or municipality, or any combination thereof. Costs on
61taxpayers would include any limitation on the ability to earn or
62receive income, any increased expense, any decrease in present
63or future property value, any cost of regulatory compliance, or
64any combination thereof. Costs on taxpayers would not include
65decreases in spending by government or changes in eligibility
66for benefits, incentives, or preferences that are mandated or
67offered by government. The spending required and costs imposed
68by proposed amendments or revisions would be determined in a
69manner provided by general law and would include the total of
70all spending required and costs imposed by the implementation of
71each proposed amendment or revision. The term "taxpayers" would
72include any natural person or legal entity subject to any
73federal, state, or local tax authorized by law. The measure is
74not applicable to any amendment or revision filed prior to the
75181st day after the effective date of legislation required by
76the amendment to provide the manner of determining the spending
77required or costs imposed.
78
79================= T I T L E  A M E N D M E N T =================
80     Remove the entire title and insert:
81
House Joint Resolution
82A joint resolution proposing the creation of Section 8 of
83Article XI and Section 26 of Article XII of the State
84Constitution to impose additional requirements on proposed
85constitutional amendments that require state spending
86above a specified amount.


CODING: Words stricken are deletions; words underlined are additions.