| 1 | Representative(s) Simmons 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 following amendment to Section 7 of Article XI of |
| 6 | the State Constitution is agreed to and shall be submitted to |
| 7 | the electors of this state for approval or rejection at the next |
| 8 | general election or at an earlier special election specifically |
| 9 | authorized by law for that purpose: |
| 10 | ARTICLE XI |
| 11 | AMENDMENTS |
| 12 | SECTION 7. Tax, or fee, or significant change in state |
| 13 | spending limitation.--Notwithstanding Article X, Section 12(d) |
| 14 | of this constitution:, |
| 15 | (a) No amendment or revision to this constitution which |
| 16 | increases, decreases, or eliminates an existing state tax or |
| 17 | fee, or which imposes a new state tax or fee, shall become |
| 18 | effective be imposed on or after November 8, 1994 by any |
| 19 | amendment to this constitution unless the proposed amendment or |
| 20 | revision is approved by not fewer than two-thirds of the voters |
| 21 | voting in the election in which such proposed amendment or |
| 22 | revision is considered. For purposes of this subsection section, |
| 23 | the phrase "new state tax or fee" shall mean any tax or fee that |
| 24 | produces or which would produce revenue subject to lump sum or |
| 25 | other appropriation by the Legislature, either for the state |
| 26 | general revenue fund or any trust fund., which tax or fee is not |
| 27 | in effect on November 7, 1994 including without limitation such |
| 28 | taxes and fees as are the subject of proposed constitutional |
| 29 | amendments appearing on the ballot on November 8, 1994. This |
| 30 | section shall apply to proposed constitutional amendments |
| 31 | relating to State taxes or fees which appear on the November 8, |
| 32 | 1994 ballot, or later ballots, and Any such proposed amendment |
| 33 | or revision that which fails to gain the two-thirds vote |
| 34 | required by this subsection hereby shall be null, void, and |
| 35 | without effect. |
| 36 | (b) No amendment or revision to this constitution which |
| 37 | would result in a significant increase or decrease in spending |
| 38 | by state government shall become effective unless the proposed |
| 39 | amendment or revision is approved by not fewer than two-thirds |
| 40 | of the voters voting in the election in which such proposed |
| 41 | amendment or revision is considered. For purposes of this |
| 42 | subsection, a "significant increase or decrease in spending" |
| 43 | means an increase or decrease in spending by the state in any |
| 44 | state fiscal year, including the first state fiscal year of full |
| 45 | implementation, in an amount greater than two-tenths of one |
| 46 | percent of the portion of the state budget appropriated from the |
| 47 | state general revenue fund, as established in the general |
| 48 | appropriations act approved by the governor, for the state |
| 49 | fiscal year ending in the year prior to the election in which |
| 50 | such proposed amendment or revision is considered. The |
| 51 | determination of whether a proposed amendment or revision would |
| 52 | result in a significant increase or decrease in spending by |
| 53 | state government shall be made and certified in accordance with |
| 54 | general law. Any such proposed amendment or revision that fails |
| 55 | to gain the two-thirds vote required by this subsection shall be |
| 56 | null, void, and without effect. |
| 57 | BE IT FURTHER RESOLVED that the following statement be |
| 58 | placed on the ballot: |
| 59 | CONSTITUTIONAL AMENDMENT |
| 60 | ARTICLE XI, SECTION 7 |
| 61 | TWO-THIRDS VOTE FOR AMENDMENT AFFECTING STATE TAX OR FEE OR |
| 62 | SIGNIFICANTLY AFFECTING STATE SPENDING.--Under this measure |
| 63 | proposing to amend the State Constitution, a proposed amendment |
| 64 | or revision to the State Constitution which would increase, |
| 65 | decrease, or eliminate an existing state tax or fee must be |
| 66 | approved by at least two-thirds of those voters voting in the |
| 67 | election in which the amendment or revision is considered. For |
| 68 | the purposes of this measure, "state tax or fee" means any tax |
| 69 | or fee that produces revenue subject to lump-sum or other |
| 70 | appropriation by the Legislature, either for the state general |
| 71 | revenue fund or any trust fund. This measure would also require |
| 72 | that a proposed amendment or revision to the State Constitution |
| 73 | which would result in a significant increase or decrease in |
| 74 | spending by state government must be approved by at least two- |
| 75 | thirds of those voters voting in the election in which the |
| 76 | amendment or revision is considered. For the purposes of this |
| 77 | measure, "significant increase or decrease in spending" means an |
| 78 | increase or decrease in spending by the state in any state |
| 79 | fiscal year, including the first state fiscal year of full |
| 80 | implementation, in an amount greater than two-tenths of one |
| 81 | percent of the portion of the state budget appropriated from the |
| 82 | state general revenue fund, as established in the General |
| 83 | Appropriations Act approved by the Governor, for the state |
| 84 | fiscal year ending in the year prior to the election in which |
| 85 | such proposed amendment or revision is considered. The |
| 86 | determination of whether a proposed amendment or revision |
| 87 | imposes a significant increase or decrease in spending by state |
| 88 | government would be made and certified in accordance with |
| 89 | general law. This measure adds to an existing provision of the |
| 90 | Florida Constitution, passed by Florida voters in 1996, that |
| 91 | currently applies the same two-thirds vote requirement only to a |
| 92 | proposed amendment that imposes a new state tax or fee. All |
| 93 | other proposed amendments or revisions presently must be |
| 94 | approved by only a simple majority of those voting on the |
| 95 | proposal. The measure also makes conforming changes in this |
| 96 | section of the State Constitution and repeals obsolete |
| 97 | provisions relating to items on the November 8, 1994, ballot. |
| 98 |
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| 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 |
| 102 | A joint resolution proposing an amendment to Section 7 of |
| 103 | Article XI of the State Constitution, relating to state |
| 104 | tax or fee limitations, to specify application to |
| 105 | imposition of new state taxes or fees, an increase or |
| 106 | decrease in or elimination of existing state taxes or |
| 107 | fees, and imposition of significant financial impact on |
| 108 | state government. |