HJR 1741

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 7 of
3Article XI of the State Constitution to require approval
4by at least two-thirds of the voters of any proposed
5amendment or revision to the State Constitution imposing
6or authorizing imposition of any new tax or fee,
7increasing or authorizing an increase in any existing tax
8or fee, or imposing a significant fiscal impact on the
9state, counties, school districts, municipalities, or
10special districts, and to delete a provision limiting such
11voting requirement to only new state taxes or fees.
12
13Be It Resolved by the Legislature of the State of Florida:
14
15     That the amendment to Section 7 of Article XI of the State
16Constitution set forth below is agreed to and shall be submitted
17to the electors of Florida for approval or rejection at the
18general election to be held in November 2006:
19
ARTICLE XI
20
AMENDMENTS
21     SECTION 7.  Tax, or fee, or significant fiscal impact
22limitation.--Notwithstanding Article X, Section 12(d) of this
23constitution:
24     (a)  Any amendment or revision to this constitution that
25imposes or authorizes the imposition of a, no new State tax or
26fee or increases or authorizes an increase in an existing tax or
27fee shall become effective only if be imposed on or after
28November 8, 1994 by any amendment to this constitution unless
29the proposed amendment or revision is approved by not fewer than
30two-thirds of the voters voting in the election in which such
31proposed amendment or revision is considered. This subsection
32shall apply to the imposition or authorization of an existing
33tax or fee that is not currently being collected, to an increase
34in the rate of an existing tax or fee, and to the modification
35of an exemption, exclusion, deduction, credit, or other
36mechanism which currently eliminates or reduces the liability of
37a person or entity for an existing tax or fee. For purposes of
38this section, the phrase "new State tax or fee" means shall mean
39any tax or fee which would produce revenue subject to lump sum
40or other appropriation by the Legislature, either for the State
41general revenue fund or any trust fund, which tax or fee is not
42in effect on November 7, 1994, including without limitation such
43taxes and fees as are the subject of proposed constitutional
44amendments appearing on the ballot on November 8, 1994. The
45phrase "new tax or fee" also means any tax or fee which would
46produce revenue for a county, school district, municipality, or
47special district. This section shall apply to proposed
48constitutional amendments relating to State taxes or fees which
49appear on the November 8, 1994 ballot, or later ballots, and Any
50such proposed amendment or revision which fails to gain the two-
51thirds vote required hereby shall be null, void, and without
52effect.
53     (b)  Any amendment or revision to this constitution that
54imposes a significant fiscal impact on the state, counties,
55school districts, municipalities, or special districts shall
56become effective only if the proposed amendment or revision is
57approved by not fewer than two-thirds of the voters voting in
58the election in which such proposed amendment or revision is
59considered. For purposes of this section, the phrase
60"significant fiscal impact" means an amount, collectively,
61equivalent to one-tenth of one percent of the total state budget
62for the state fiscal year ending in the year prior to the
63election in which such proposed amendment or revision is
64considered. The dollar amount for the determination of a
65significant fiscal impact shall be certified pursuant to the
66process established in subsection (c) of Section 5 of this
67article. Any such proposed amendment or revision which fails to
68gain the two-thirds vote required hereby shall be null, void,
69and without effect.
70     BE IT FURTHER RESOLVED that the title and substance of the
71amendment proposed herein shall appear on the ballot as follows:
72
EXTRAORDINARY VOTE TO AMEND CONSTITUTION TO INCREASE
73
OR IMPOSE TAXES, FEES, OR SIGNIFICANT FISCAL IMPACT
74     Proposes an amendment to Section 7 of Article XI of the
75State Constitution to require approval by at least two-thirds of
76the voters of any proposed amendment or revision to the State
77Constitution imposing or authorizing imposition of any new tax
78or fee, increasing or authorizing an increase in any existing
79tax or fee, or imposing a significant fiscal impact on the
80state, counties, school districts, municipalities, or special
81districts; to delete a provision limiting application of such
82voting requirement to only state taxes or fees; to expand the
83definition of the term "new tax or fee" to include revenue-
84producing exactions for counties, municipalities, school
85districts, and special districts; and to define the term
86"significant fiscal impact" to be any amount in excess of one-
87tenth of one percent of the total state budget for the state
88fiscal year ending in the year prior to the general election in
89which such proposed amendment or revision is considered.


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