| 1 | Representative Pickens offered the following: |
| 2 |
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| 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 |
| 6 | of Article XII of the State Constitution set forth below are |
| 7 | agreed to and shall be submitted to the electors of Florida for |
| 8 | approval or rejection at the general election to be held in |
| 9 | November 2004: |
| 10 | ARTICLE XI |
| 11 | AMENDMENTS |
| 12 | SECTION 8. Amendments requiring government spending or |
| 13 | imposing costs on taxpayers.--Each amendment or revision |
| 14 | proposed to this constitution that requires spending by |
| 15 | government greater than $10 million in any state fiscal year, or |
| 16 | that imposes costs on taxpayers greater than $10 million in any |
| 17 | state fiscal year, must be approved by two-thirds of the voters |
| 18 | voting on the proposed amendment or revision. Spending by |
| 19 | government shall include spending by state government or its |
| 20 | subdivisions, spending by any local government or municipality, |
| 21 | or any combination thereof. Costs on taxpayers shall include any |
| 22 | limitation on the ability to earn or receive income, any |
| 23 | increased expense, any decrease in present or future property |
| 24 | value, any cost of regulatory compliance, or any combination |
| 25 | thereof. However, costs on taxpayers shall not include decreases |
| 26 | in spending by government or changes in eligibility for |
| 27 | benefits, incentives, or preferences that are mandated or |
| 28 | offered by government. The specified amount shall be $10 million |
| 29 | in any state fiscal year. The spending required and costs |
| 30 | imposed by proposed amendments or revisions shall be determined |
| 31 | in a manner provided by general law and shall include the total |
| 32 | of all spending required and all costs imposed by the |
| 33 | implementation of each proposed amendment or revision. The term |
| 34 | "taxpayers" includes any natural person or legal entity subject |
| 35 | to any federal, state, or local tax authorized by law. |
| 36 | ARTICLE XII |
| 37 | SCHEDULE |
| 38 | SECTION 26. Approval of constitutional amendments and |
| 39 | revisions imposing spending or costs.--The creation of Section 8 |
| 40 | of Article XI requiring a vote of at least two-thirds of the |
| 41 | electors voting on the measure for the approval of a proposed |
| 42 | amendment or revision imposing spending by government or |
| 43 | imposing costs on taxpayers in excess of $10 million shall not |
| 44 | apply to any measure, however proposed, which is filed with the |
| 45 | custodian of state records prior to the 181st day after the |
| 46 | effective date of initial legislation providing the manner of |
| 47 | determining the spending required or costs imposed. |
| 48 | BE IT FURTHER RESOLVED that the title and substance of the |
| 49 | amendment 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 |
| 54 | State Constitution to increase from a majority to two-thirds the |
| 55 | vote required to adopt any amendment to the constitution that |
| 56 | would require spending by government greater than $10 million in |
| 57 | any state fiscal year or that would impose costs on taxpayers |
| 58 | greater than such amount. Spending by government would include |
| 59 | spending by state government or its subdivisions, any local |
| 60 | government or municipality, or any combination thereof. Costs on |
| 61 | taxpayers would include any limitation on the ability to earn or |
| 62 | receive income, any increased expense, any decrease in present |
| 63 | or future property value, any cost of regulatory compliance, or |
| 64 | any combination thereof. Costs on taxpayers would not include |
| 65 | decreases in spending by government or changes in eligibility |
| 66 | for benefits, incentives, or preferences that are mandated or |
| 67 | offered by government. The spending required and costs imposed |
| 68 | by proposed amendments or revisions would be determined in a |
| 69 | manner provided by general law and would include the total of |
| 70 | all spending required and costs imposed by the implementation of |
| 71 | each proposed amendment or revision. The term "taxpayers" would |
| 72 | include any natural person or legal entity subject to any |
| 73 | federal, state, or local tax authorized by law. The measure is |
| 74 | not applicable to any amendment or revision filed prior to the |
| 75 | 181st day after the effective date of legislation required by |
| 76 | the amendment to provide the manner of determining the spending |
| 77 | required or costs imposed. |
| 78 |
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| 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 |
| 82 | A joint resolution proposing the creation of Section 8 of |
| 83 | Article XI and Section 26 of Article XII of the State |
| 84 | Constitution to impose additional requirements on proposed |
| 85 | constitutional amendments that require state spending |
| 86 | above a specified amount. |