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