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