HJR 7037

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

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