(LATE FILED)	Amendment
Bill No. 1741

Amendment No. 511941

CHAMBER ACTION
Senate		House
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1	Representative(s) Simmons offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the resolving clause and insert:
5	That the amendment to Section 7 of Article XI and the
6	creation of Section 26 of Article XII of the State Constitution
7	set forth below is agreed to and shall be submitted to the
8	electors of Florida for approval or rejection at the next
9	general election or at an earlier special election specifically
10	authorized by law for that purpose:
11	ARTICLE XI
12	AMENDMENTS
13	SECTION 7.  Tax, or fee, or significant fiscal impact
14	limitation.--Notwithstanding Article X, Section 12(d) of this
15	constitution:
16	(a)  Any amendment or revision to this constitution that
17	imposes or authorizes the imposition of a, no new State tax or
18	fee or increases or authorizes an increase in an existing tax or
19	fee shall become effective only if be imposed on or after
20	November 8, 1994 by any amendment to this constitution unless
21	the proposed amendment or revision is approved by not fewer than
22	two-thirds of the voters voting in the election in which such
23	proposed amendment or revision is considered. This subsection
24	shall apply to the imposition or authorization of an existing
25	tax or fee that is not currently being collected, to an increase
26	in the rate of an existing tax or fee, and to the modification
27	of an exemption, exclusion, deduction, credit, or other
28	mechanism which currently eliminates or reduces the liability of
29	a person or entity for an existing tax or fee. For purposes of
30	this section, the phrase "new State tax or fee" means shall mean
31	any tax or fee which would produce revenue subject to lump sum
32	or other appropriation by the Legislature, either for the State
33	general revenue fund or any trust fund, which tax or fee is not
34	in effect on November 7, 1994, including without limitation such
35	taxes and fees as are the subject of proposed constitutional
36	amendments appearing on the ballot on November 8, 1994. The
37	phrase "new tax or fee" also means any tax or fee which would
38	produce revenue for a county, school district, municipality, or
39	special district. This section shall apply to proposed
40	constitutional amendments relating to State taxes or fees which
41	appear on the November 8, 1994 ballot, or later ballots, and Any
42	such proposed amendment or revision which fails to gain the two-
43	thirds vote required hereby shall be null, void, and without
44	effect.
45	(b)  Any amendment or revision to this constitution that
46	imposes a significant fiscal impact on the state, counties,
47	school districts, municipalities, or special districts in the
48	aggregate shall become effective only if the proposed amendment
49	or revision is approved by not fewer than two-thirds of the
50	voters voting in the election in which such proposed amendment
51	or revision is considered. For purposes of this section, the
52	phrase "significant fiscal impact" means the proposed amendment
53	or revision has an annual fiscal impact in any state fiscal year
54	prior to and including the first state fiscal year of full
55	implementation in an amount greater than one-tenth of one
56	percent of the total state budget for the state fiscal year
57	ending in the year prior to the election in which such proposed
58	amendment or revision is considered. The dollar amount for the
59	determination of a significant fiscal impact shall be certified
60	pursuant to the process established in general law. Any such
61	proposed amendment or revision which fails to gain the two-
62	thirds vote required hereby shall be null, void, and without
63	effect.
64	ARTICLE XII
65	SCHEDULE
66	SECTION 26.  Two-thirds vote for constitutional amendments
67	increasing or imposing taxes, fees, or significant fiscal
68	impact.--The amendment to Section 7 of Article XI, to require
69	approval by at least two-thirds of the voters of any proposed
70	amendment or revision to the State Constitution imposing or
71	authorizing imposition of any new tax or fee, increasing or
72	authorizing an increase in any existing tax or fee, or imposing
73	a significant fiscal impact on the state, counties, school
74	districts, municipalities, or special districts, shall take
75	effect upon approval by the electors.
76	BE IT FURTHER RESOLVED that the title and substance of the
77	amendment proposed herein shall appear on the ballot as follows:
78	TWO-THIRDS VOTE FOR CONSTITUTIONAL AMENDMENTS INCREASING
79	OR IMPOSING TAXES, FEES, OR A SIGNIFICANT FISCAL IMPACT
80	Proposes an amendment to Section 7 of Article XI of the
81	State Constitution to require approval by at least two-thirds of
82	the voters of the state voting in an election on any proposed
83	amendment or revision to the State Constitution imposing or
84	authorizing imposition of any new tax or fee, increasing or
85	authorizing an increase in any existing tax or fee, or imposing
86	a significant fiscal impact on the state, counties, school
87	districts, municipalities, or special districts, such proposal
88	to amend and expand the existing two-thirds vote requirement
89	adopted by Florida voters in 1996 but currently applying only to
90	proposed amendments that impose a new state tax or fee, all
91	other proposed amendments or revisions currently requiring
92	approval by only a simple majority of those voting on the
93	amendment or revision; to delete a provision limiting
94	application of such voting requirement to only state taxes or
95	fees; to extend the existing two-thirds vote requirement to
96	taxes and fees producing revenue for counties, municipalities,
97	school districts, and special districts rather than only the
98	state; to expand the definition of the term "new tax or fee" to
99	include revenue-producing exactions for counties,
100	municipalities, school districts, and special districts; to
101	define the term "significant fiscal impact" to mean having a
102	collective annual fiscal impact on the state, counties,
103	municipalities, and special districts in any state fiscal year
104	prior to and including the first state fiscal year of full
105	implementation of the proposed amendment or revision in an
106	amount greater than one-tenth of one percent of the total state
107	budget for the state fiscal year ending in the year prior to the
108	general election in which such proposed amendment or revision is
109	considered; and to schedule the two-thirds vote requirement
110	provision to take effect upon approval by the electors.
111
112
113	================= T I T L E  A M E N D M E N T =================
114	Remove the entire title and insert:
115	House Joint Resolution
116	A joint resolution proposing an amendment to Section 7 of
117	Article XI of the State Constitution to require approval
118	by at least two-thirds of the voters of any proposed
119	amendment or revision to the State Constitution imposing
120	or authorizing imposition of any new tax or fee,
121	increasing or authorizing an increase in any existing tax
122	or fee, or imposing a significant fiscal impact on the
123	state, counties, school districts, municipalities, or
124	special districts and to delete a provision limiting such
125	voting requirement to only new state taxes or fees, and
126	the creation of Section 26 of Article XII of the State
127	Constitution to schedule the amendment to Section 7 of
128	Article XI of the State Constitution to take effect upon
129	approval by the electors.

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