| 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: |
| 10 |
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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. |