House Bill 3493

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    Florida House of Representatives - 1998               HJR 3493

        By Representative Arnold






  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 1 of Article IX and the creation of

  4         Section 22 of Article XII of the State

  5         Constitution relating to funding for public

  6         education.

  7

  8  Be It Resolved by the Legislature of the State of Florida:

  9

10         That the amendment to Section 1 of Article IX and the

11  creation of Section 22 of Article XII of the State

12  Constitution set forth below is agreed to and shall be

13  submitted to the electors of Florida for approval or rejection

14  at the general election to be held in November 1998:

15

16                            ARTICLE IX

17                            EDUCATION

18         SECTION 1.  System of public education.--

19         (a)  Adequate provision shall be made by law for a

20  uniform system of free public schools and for the

21  establishment, maintenance and operation of institutions of

22  higher learning and other public education programs that the

23  needs of the people may require.

24         (b)(1)  Adequate provision for funding public education

25  shall be required in each fiscal year, and is defined as the

26  appropriation of at least a minimum percentage of forty

27  percent for public education from the total appropriations

28  under Article III in each fiscal year, not including lottery

29  proceeds or federal funds.

30         (2)  The legislature may suspend the applicability of

31  this subsection for any one fiscal year, or a portion of one

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    Florida House of Representatives - 1998               HJR 3493

    163-229-98






  1  fiscal year, by passage of a separate bill that contains no

  2  other subject, in which the legislature finds a compelling

  3  public necessity to suspend this subsection. Passage of that

  4  bill shall require a vote of approval of two-thirds of the

  5  membership of each house.

  6         (3)  If any portion or application of this subsection

  7  is held invalid for any reason, the remaining portion or

  8  application, to the fullest extent possible, shall be severed

  9  from the void portion and given the fullest possible force and

10  application.

11

12                           ARTICLE XII

13                             SCHEDULE

14         SECTION 22.  Funding for education.--The amendment of

15  Section 1 of Article IX providing for funding of public

16  education shall take effect July 1, 2002.

17         BE IT FURTHER RESOLVED that in accordance with the

18  requirements of section 101.161, Florida Statutes, the title

19  and substance of the amendment proposed herein shall appear on

20  the ballot as follows:

21

22                   FUNDING FOR PUBLIC EDUCATION

23         Effective July 1, 2002, requires appropriation of at

24  least 40 percent of total appropriations each year for public

25  education, excluding lottery proceeds and federal funds.

26  Allows the Legislature to suspend this requirement for any one

27  year or portion thereof by a separate bill approved by a

28  two-thirds vote.

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