Amendment
Bill No. 7037
Amendment No. 978969
CHAMBER ACTION
Senate House
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1Representative(s) Simmons offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the resolving clause and insert:
5     That the following amendment to Section 7 of Article XI of
6the State Constitution is agreed to and shall be submitted to
7the electors of this state for approval or rejection at the next
8general election or at an earlier special election specifically
9authorized by law for that purpose:
10
ARTICLE XI
11
AMENDMENTS
12     SECTION 7.  Tax, or fee, or significant change in state
13spending limitation.--Notwithstanding Article X, Section 12(d)
14of this constitution:,
15     (a)  No amendment or revision to this constitution which
16increases, decreases, or eliminates an existing state tax or
17fee, or which imposes a new state tax or fee, shall become
18effective be imposed on or after November 8, 1994 by any
19amendment to this constitution unless the proposed amendment or
20revision is approved by not fewer than two-thirds of the voters
21voting in the election in which such proposed amendment or
22revision is considered. For purposes of this subsection section,
23the phrase "new state tax or fee" shall mean any tax or fee that
24produces or which would produce revenue subject to lump sum or
25other appropriation by the Legislature, either for the state
26general revenue fund or any trust fund., which tax or fee is not
27in effect on November 7, 1994 including without limitation such
28taxes and fees as are the subject of proposed constitutional
29amendments appearing on the ballot on November 8, 1994. This
30section shall apply to proposed constitutional amendments
31relating to State taxes or fees which appear on the November 8,
321994 ballot, or later ballots, and Any such proposed amendment
33or revision that which fails to gain the two-thirds vote
34required by this subsection hereby shall be null, void, and
35without effect.
36     (b)  No amendment or revision to this constitution which
37would result in a significant increase or decrease in spending
38by state government shall become effective unless the proposed
39amendment or revision is approved by not fewer than two-thirds
40of the voters voting in the election in which such proposed
41amendment or revision is considered. For purposes of this
42subsection, a "significant increase or decrease in spending"
43means an increase or decrease in spending by the state in any
44state fiscal year, including the first state fiscal year of full
45implementation, in an amount greater than two-tenths of one
46percent of the portion of the state budget appropriated from the
47state general revenue fund, as established in the general
48appropriations act approved by the governor, for the state
49fiscal year ending in the year prior to the election in which
50such proposed amendment or revision is considered. The
51determination of whether a proposed amendment or revision would
52result in a significant increase or decrease in spending by
53state government shall be made and certified in accordance with
54general law. Any such proposed amendment or revision that fails
55to gain the two-thirds vote required by this subsection shall be
56null, void, and without effect.
57     BE IT FURTHER RESOLVED that the following statement be
58placed on the ballot:
59
CONSTITUTIONAL AMENDMENT
60
ARTICLE XI, SECTION 7
61     TWO-THIRDS VOTE FOR AMENDMENT AFFECTING STATE TAX OR FEE OR
62SIGNIFICANTLY AFFECTING STATE SPENDING.--Under this measure
63proposing to amend the State Constitution, a proposed amendment
64or revision to the State Constitution which would increase,
65decrease, or eliminate an existing state tax or fee must be
66approved by at least two-thirds of those voters voting in the
67election in which the amendment or revision is considered. For
68the purposes of this measure, "state tax or fee" means any tax
69or fee that produces revenue subject to lump-sum or other
70appropriation by the Legislature, either for the state general
71revenue fund or any trust fund. This measure would also require
72that a proposed amendment or revision to the State Constitution
73which would result in a significant increase or decrease in
74spending by state government must be approved by at least two-
75thirds of those voters voting in the election in which the
76amendment or revision is considered. For the purposes of this
77measure, "significant increase or decrease in spending" means an
78increase or decrease in spending by the state in any state
79fiscal year, including the first state fiscal year of full
80implementation, in an amount greater than two-tenths of one
81percent of the portion of the state budget appropriated from the
82state general revenue fund, as established in the General
83Appropriations Act approved by the Governor, for the state
84fiscal year ending in the year prior to the election in which
85such proposed amendment or revision is considered. The
86determination of whether a proposed amendment or revision
87imposes a significant increase or decrease in spending by state
88government would be made and certified in accordance with
89general law. This measure adds to an existing provision of the
90Florida Constitution, passed by Florida voters in 1996, that
91currently applies the same two-thirds vote requirement only to a
92proposed amendment that imposes a new state tax or fee. All
93other proposed amendments or revisions presently must be
94approved by only a simple majority of those voting on the
95proposal. The measure also makes conforming changes in this
96section of the State Constitution and repeals obsolete
97provisions relating to items on the November 8, 1994, ballot.
98
99======= T I T L E  A M E N D M E N T =======
100     Remove the entire title and insert:
101
House Joint Resolution
102A joint resolution proposing an amendment to Section 7 of
103Article XI of the State Constitution, relating to state
104tax or fee limitations, to specify application to
105imposition of new state taxes or fees, an increase or
106decrease in or elimination of existing state taxes or
107fees, and imposition of significant financial impact on
108state government.


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