| 1 | House Joint Resolution |
| 2 | A joint resolution proposing the creation of Section 8 of |
| 3 | Article XI of the State Constitution to impose additional |
| 4 | requirements on proposed constitutional amendments that |
| 5 | require state spending above a specified amount. |
| 6 |
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| 7 | Be It Resolved by the Legislature of the State of Florida: |
| 8 |
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| 9 | That the creation of Section 8 of Article XI of the State |
| 10 | Constitution set forth below is agreed to and shall be submitted |
| 11 | to the electors of Florida for approval or rejection at the |
| 12 | general election to be held in November 2004: |
| 13 | ARTICLE XI |
| 14 | AMENDMENTS |
| 15 | SECTION 8. Limitation on amendments requiring state |
| 16 | government to spend in excess of ten million dollars per year.-- |
| 17 | Each amendment proposed to this constitution that imposes a cost |
| 18 | on state government greater than $10 million per state fiscal |
| 19 | year, as estimated in a manner provided by general law, shall |
| 20 | directly impose new state taxes or fees sufficient to fund the |
| 21 | expenditures required by implementation of the amendment, |
| 22 | including the cost of levying and collecting such taxes or fees. |
| 23 | The imposition of such taxes or fees shall not be deemed a |
| 24 | violation of the single-subject requirement of Section 3. No |
| 25 | amendment approved after the effective date of this section |
| 26 | shall be construed to require expenditures in excess of the |
| 27 | taxes or fees imposed by the amendment, but the legislature may |
| 28 | by general law revise the taxes and fees so imposed, provided |
| 29 | such authority shall not affect the level of expenditures that |
| 30 | would otherwise be required by the amendment. The legislature |
| 31 | may, but need not, appropriate funds to implement the purposes |
| 32 | of such amendments in amounts greater than the expenditures |
| 33 | required under the provisions of this section. A proposed |
| 34 | amendment subject to this section may not provide for an |
| 35 | exemption from this section. Notwithstanding the provisions of |
| 36 | this section, no tax upon estates or inheritances or upon the |
| 37 | income of any resident or citizen of the state, nor any other |
| 38 | tax prohibited by Article VII of this constitution, shall be |
| 39 | imposed by a revision or amendment proposed by initiative unless |
| 40 | the proposal embraces but one subject and matter directly |
| 41 | connected therewith. |
| 42 | BE IT FURTHER RESOLVED that the title and substance of the |
| 43 | amendment proposed herein shall appear on the ballot as follows: |
| 44 | IMPOSING ADDITIONAL REQUIREMENTS ON |
| 45 | PROPOSED CONSTITUTIONAL AMENDMENTS THAT REQUIRE |
| 46 | STATE SPENDING ABOVE A SPECIFIED AMOUNT |
| 47 | Proposes the creation of Section 8 of Article XI of the |
| 48 | State Constitution to require that any proposed constitutional |
| 49 | amendment requiring state government to spend more than $10 |
| 50 | million per fiscal year must identify a new revenue source |
| 51 | sufficient to pay for that increased spending. The increase in |
| 52 | state spending would be estimated according to a process |
| 53 | specified in general law. To identify a new revenue source, |
| 54 | such a proposed constitutional amendment would be required to |
| 55 | specify new state taxes or fees that would be imposed if voters |
| 56 | approved that amendment. Because adoption of such a proposed |
| 57 | constitutional amendment would impose new state taxes or fees, |
| 58 | the present requirements of Section 7 of Article XI of the State |
| 59 | Constitution would require that such proposed amendment be |
| 60 | approved by at least two-thirds of those voting in the election |
| 61 | in which that proposed amendment is considered. Such an |
| 62 | amendment's imposition of new state taxes or fees pursuant to |
| 63 | this measure would not violate the single subject requirement of |
| 64 | Section 3 of Article XI, which regulated citizen initiative. |
| 65 | However, new inheritance, estate, income taxes, and other taxes |
| 66 | prohibited by Article VII would continue to be limited by a |
| 67 | single subject requirement if proposed by citizen initiative. No |
| 68 | proposed constitutional amendment subject to this measure could |
| 69 | be construed to require state expenditures in excess of the |
| 70 | taxes or fees imposed by such an amendment. If such an amendment |
| 71 | were approved by the voters, the Legislature could by general |
| 72 | law revise or repeal the taxes or fees imposed by that |
| 73 | amendment, but the expenditures otherwise required by the |
| 74 | amendment could not be affected. The Legislature could choose to |
| 75 | appropriate additional funds to implement the amendment beyond |
| 76 | those generated by the amendment's new state taxes or fees. No |
| 77 | proposed constitutional amendment subject to this measure could |
| 78 | exempt itself from the requirements of this measure. |