HJR 1979

1
House Joint Resolution
2A joint resolution proposing the creation of Section 8 of
3Article XI of the State Constitution to require
4constitutional amendments requiring expenditures in excess
5of $1 per resident each year, based upon the most recent
6decennial census, to impose taxes, fines, or fees
7sufficient to fund such required expenditures.
8
9Be It Resolved by the Legislature of the State of Florida:
10
11     That the creation of Section 8 of Article XI of the State
12Constitution set forth below is agreed to and shall be submitted
13to the electors of Florida for approval or rejection at the
14general election to be held in November 2004:
15
ARTICLE XI
16
AMENDMENTS
17     SECTION 8.  LIMITATION ON AMENDMENTS COSTING IN EXCESS OF
18ONE DOLLAR PER RESIDENT EACH YEAR BASED UPON THE MOST RECENT
19DECENNIAL CENSUS.--Each amendment proposed to this Constitution
20that imposes a cost on state government greater than one dollar
21per resident per fiscal year, based upon the most recent
22decennial census, as estimated in a manner provided by general
23law, shall directly impose additional taxes or fees sufficient
24to fund the expenditures required by implementation of the
25amendment, including the cost of levying and collecting such
26additional taxes or fees. The imposition of such taxes or fees
27shall not be deemed a violation of the single-subject
28requirement of Section 3. Each such amendment shall not be
29effective unless approved by a vote of at least two-thirds of
30the electors voting on the proposal. No amendment approved after
31the effective date of this section shall be construed to require
32expenditures in excess of the taxes or fees imposed by the
33amendment, but the legislature may by general law revise the
34taxes and fees so imposed, provided such authority shall not
35affect the level of expenditures that would otherwise be
36required by the amendment. The legislature may but need not
37appropriate funds to implement the purposes of such amendments
38in amounts greater than the expenditures required under the
39provisions of this section. A proposed amendment that imposes a
40cost on state government greater than one dollar per resident
41per fiscal year, based upon the most recent decennial census,
42may not provide for an exemption from this section.
43     BE IT FURTHER RESOLVED that the title and substance of the
44amendment proposed herein shall appear on the ballot as follows:
45
LIMITATIONS ON AMENDMENTS COSTING IN
46
EXCESS OF ONE DOLLAR PER RESIDENT ANNUALLY
47
BASED UPON THE MOST RECENT DECENNIAL CENSUS
48     Proposes the creation of Section 8 of Article XI of the
49State Constitution to prohibit any amendment to the constitution
50that requires the expenditure by the state of more than $1 per
51resident per fiscal year, based upon the most recent decennial
52census, unless the amendment also imposes additional taxes or
53fees necessary to fund the implementation of the amendment and
54the amendment is approved by a vote of at least two-thirds of
55the electors voting on the proposal. The amendment provides that
56the imposition of taxes or fees necessary to fund the amendment
57does not violate the single subject requirement affecting
58initiative proposals. The amendment provides that no amendment
59shall be construed to require expenditures in excess of the
60taxes or fees imposed by the amendment. The amendment would
61permit the Legislature to revise the taxes or fees by general
62law without reducing the expenditures that would otherwise be
63required by the amendment. The amendment expressly authorizes
64the Legislature to appropriate funds for the purposes of such
65amendments in amounts greater than expenditures that may be
66required under the amendment. The amendment further provides
67that no amendment may exempt itself from the terms of this
68amendment.


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