Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. HJR 7001
       
       
       
       
       
       
                                Ì7511481Î751148                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/F/2R          .                                
             03/02/2018 04:51 PM       .                                
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       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