Florida Senate - 2018 SENATOR AMENDMENT Bill No. HJR 7001 Ì7511481Î751148 LEGISLATIVE ACTION Senate . House . . . Floor: 1/F/2R . 03/02/2018 04:51 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Farmer moved the following: 1 Senate Amendment (with ballot and title amendments) 2 3 Delete lines 22 - 53 4 and insert: 5 SECTION 19. Supermajority vote required to impose, 6 authorize, raise, lower, or eliminate state taxes or fees.— 7 (a) SUPERMAJORITY VOTE REQUIRED TO IMPOSE OR AUTHORIZE NEW 8 STATE TAX OR FEE. No new state tax or fee may be imposed or 9 authorized by the legislature except through legislation 10 approved by two-thirds of the membership of each house of the 11 legislature and presented to the Governor for approval pursuant 12 to Article III, Section 8. 13 (b) SUPERMAJORITY VOTE REQUIRED TO RAISE STATE TAXES OR 14 FEES. No state tax or fee may be raised by the legislature 15 except through legislation approved by two-thirds of the 16 membership of each house of the legislature and presented to the 17 Governor for approval pursuant to Article III, Section 8. 18 (c) SUPERMAJORITY VOTE REQUIRED TO LOWER OR ELIMINATE STATE 19 TAXES OR FEES. No state tax or fee may be lowered or eliminated 20 by the legislature except through legislation approved by two 21 thirds of the membership of each house of the legislature and 22 presented to the Governor for approval pursuant to Article III, 23 Section 8. 24 (d) APPLICABILITY. This section does not authorize the 25 imposition of any state tax or fee otherwise prohibited by this 26 Constitution, and does not apply to any tax or fee imposed by, 27 or authorized to be imposed by, a county, municipality, school 28 board, or special district. 29 (e) DEFINITIONS. As used in this section, the following 30 terms shall have the following meanings: 31 (1) “Fee” means any charge or payment required by law, 32 including any fee for service, fee or cost for licenses, and 33 charge for service. 34 (2) “Lower” means: 35 a. To decrease or authorize a decrease in the rate of a 36 state tax or fee imposed on a percentage or per mill basis; 37 b. To decrease or authorize a decrease in the amount of a 38 state tax or fee imposed on a flat or fixed amount basis; or 39 c. To increase or authorize a new state tax or fee 40 exemption or credit. 41 (3) “Raise” means: 42 a. To increase or authorize an increase in the rate of a 43 state tax or fee imposed on a percentage or per mill basis; 44 b. To increase or authorize an increase in the amount of a 45 state tax or fee imposed on a flat or fixed amount basis; or 46 c. To decrease or eliminate a state tax or fee exemption or 47 credit. 48 (f) SINGLE-SUBJECT. A state tax or fee imposed, authorized, 49 raised, lowered, or eliminated under this section must be 50 contained in a 51 52 ====== B A L L O T S T A T E M E N T A M E N D M E N T ====== 53 And the ballot statement is amended as follows: 54 Delete lines 60 - 111 55 and insert: 56 SUPERMAJORITY VOTE REQUIRED TO IMPOSE, AUTHORIZE, RAISE, 57 LOWER, OR ELIMINATE STATE TAXES OR FEES.—Prohibits the 58 legislature from imposing, authorizing, raising, lowering, or 59 eliminating a state tax or fee except through legislation 60 approved by a two-thirds vote of each house of the legislature 61 in a bill containing no other subject. This proposal does not 62 authorize a state tax or fee otherwise prohibited by the 63 Constitution and does not apply to fees or taxes imposed or 64 authorized to be imposed by a county, municipality, school 65 board, or special district. 66 67 BE IT FURTHER RESOLVED that the following statement be 68 placed on the ballot if a court declares the preceding statement 69 defective and the decision of the court is not reversed: 70 CONSTITUTIONAL AMENDMENT 71 ARTICLE VII, SECTION 19 72 SUPERMAJORITY VOTE REQUIRED TO IMPOSE, AUTHORIZE, RAISE, 73 LOWER, OR ELIMINATE STATE TAXES OR FEES.—Proposing the following 74 amendment to the State Constitution: 75 ARTICLE VII 76 FINANCE AND TAXATION 77 SECTION 19. Supermajority vote required to impose, 78 authorize, raise, lower, or eliminate state taxes or fees.— 79 (a) SUPERMAJORITY VOTE REQUIRED TO IMPOSE OR AUTHORIZE NEW 80 STATE TAX OR FEE. No new state tax or fee may be imposed or 81 authorized by the legislature except through legislation 82 approved by two-thirds of the membership of each house of the 83 legislature and presented to the Governor for approval pursuant 84 to Article III, Section 8. 85 (b) SUPERMAJORITY VOTE REQUIRED TO RAISE STATE TAXES OR 86 FEES. No state tax or fee may be raised by the legislature 87 except through legislation approved by two-thirds of the 88 membership of each house of the legislature and presented to the 89 Governor for approval pursuant to Article III, Section 8. 90 (c) SUPERMAJORITY VOTE REQUIRED TO LOWER OR ELIMINATE STATE 91 TAXES OR FEES. No state tax or fee may be lowered or eliminated 92 by the legislature except through legislation approved by two 93 thirds of the membership of each house of the legislature and 94 presented to the Governor for approval pursuant to Article III, 95 Section 8. 96 (d) APPLICABILITY. This section does not authorize the 97 imposition of any state tax or fee otherwise prohibited by this 98 Constitution, and does not apply to any tax or fee imposed by, 99 or authorized to be imposed by, a county, municipality, school 100 board, or special district. 101 (e) DEFINITIONS. As used in this section, the following 102 terms shall have the following meanings: 103 (1) “Fee” means any charge or payment required by law, 104 including any fee for service, fee or cost for licenses, and 105 charge for service. 106 (2) “Lower” means: 107 a. To decrease or authorize a decrease in the rate of a 108 state tax or fee imposed on a percentage or per mill basis; 109 b. To decrease or authorize a decrease in the amount of a 110 state tax or fee imposed on a flat or fixed amount basis; or 111 c. To increase or authorize a new state tax or fee 112 exemption or credit. 113 (3) “Raise” means: 114 a. To increase or authorize an increase in the rate of a 115 state tax or fee imposed on a percentage or per mill basis; 116 b. To increase or authorize an increase in the amount of a 117 state tax or fee imposed on a flat or fixed amount basis; or 118 c. To decrease or eliminate a state tax or fee exemption or 119 credit. 120 (f) SINGLE-SUBJECT. A state tax or fee imposed, authorized, 121 raised, lowered, or eliminated under this section must be 122 contained in a 123 124 ================= T I T L E A M E N D M E N T ================ 125 And the title is amended as follows: 126 Delete lines 5 - 10 127 and insert: 128 raised, lowered, or eliminated by the legislature 129 except through legislation approved by two-thirds of 130 the membership of each house of the legislature and 131 presented to the Governor for approval; providing for 132 applicability; providing definitions; requiring any 133 tax or fee imposed, authorized, raised, lowered, or 134 eliminated under this section to be contained