Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HJR 1741, 2nd Eng.
Barcode 270608
CHAMBER ACTION
Senate House
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05/02/2005 12:33 PM .
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11 Senator Atwater moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 That the following amendment to Section 7 of Article XI
18 of the State Constitution is agreed to and shall be submitted
19 to the electors of this state for approval or rejection at the
20 next general election or at an earlier special election
21 specifically authorized by law for that purpose:
22 ARTICLE XI
23 AMENDMENTS
24 SECTION 7. Tax, or fee, or significant financial
25 impact limitation.--Notwithstanding Article X, Section 12(d)
26 of this constitution:,
27 (a) No amendment or revision to this constitution
28 which imposes a new State tax or fee shall become effective be
29 imposed on or after November 8, 1994 by any amendment to this
30 constitution unless the proposed amendment or revision is
31 approved by not fewer than two-thirds of the voters voting in
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4:47 PM 04/29/05 h1741.25ee.001
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HJR 1741, 2nd Eng.
Barcode 270608
1 the election in which such proposed amendment or revision is
2 considered. For purposes of this section, the phrase "new
3 State tax or fee" shall mean any tax or fee which would
4 produce revenue subject to lump sum or other appropriation by
5 the Legislature, either for the State general revenue fund or
6 any trust fund, which tax or fee is not in effect on November
7 7, 1994. including without limitation such taxes and fees as
8 are the subject of proposed constitutional amendments
9 appearing on the ballot on November 8, 1994. This section
10 shall apply to proposed constitutional amendments relating to
11 State taxes or fees which appear on the November 8, 1994
12 ballot, or later ballots, and Any such proposed amendment or
13 revision that which fails to gain the two-thirds vote required
14 hereby shall be null, void, and without effect.
15 (b) No amendment or revision to this constitution
16 which increases an existing State tax or fee shall become
17 effective unless the proposed amendment or revision is
18 approved by not fewer than two-thirds of the voters voting in
19 the election in which such proposed amendment or revision is
20 considered. For purposes of this section, the phrase "existing
21 State tax or fee" shall mean any tax or fee that produces
22 revenue subject to lump sum or other appropriation by the
23 Legislature, either for the State general revenue fund or any
24 trust fund, which tax or fee is in effect at the time of the
25 election at which the proposed amendment or revision is
26 considered. Any such proposed amendment or revision that fails
27 to gain the two-thirds vote required by this subsection shall
28 be null, void, and without effect.
29 (c) No amendment or revision to this constitution
30 which imposes a significant financial impact on state
31 government shall become effective unless the proposed
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4:47 PM 04/29/05 h1741.25ee.001
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HJR 1741, 2nd Eng.
Barcode 270608
1 amendment or revision is approved by not fewer than two-thirds
2 of voters voting in the election in which such proposed
3 amendment or revision is considered. For purposes of this
4 section, the phrase "significant financial impact" shall mean
5 a financial impact to the state, including requiring the
6 Legislature to increases taxes in order to maintain the state
7 budget at existing revenues and expenditures, in any state
8 fiscal year prior to and including the first state fiscal year
9 of full implementation in an amount greater than two-tenths of
10 one percent of the portion of the state budget appropriated
11 from the General Revenue Fund, as established in the General
12 Appropriations Act approved by the Governor, for the state
13 fiscal year ending in the year prior to the election in which
14 such proposed amendment or revision is considered. The
15 determination that a proposed amendment or revision imposes a
16 significant financial impact on state government shall be
17 certified pursuant to the process established in general law.
18 Any such proposed amendment or revision that fails to gain the
19 two-thirds vote required by this subsection shall be null,
20 void, and without effect.
21 BE IT FURTHER RESOLVED that the following statement be
22 placed on the ballot:
23 CONSTITUTIONAL AMENDMENT
24 ARTICLE XI, SECTION 7
25 SIGNIFICANT FINANCIAL IMPACT LIMITATION
26 AMENDMENT.--Proposing amendments to the State Constitution
27 requiring that a proposed amendment to or revision of the
28 State Constitution which increases an existing state tax or
29 fee must be approved by at least two-thirds of those voters
30 voting in the election in which such amendment or revision is
31 considered. For the purposes of this amendment, "existing
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4:47 PM 04/29/05 h1741.25ee.001
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HJR 1741, 2nd Eng.
Barcode 270608
1 state tax or fee" means any tax or fee that produces revenue
2 subject to lump-sum or other appropriation by the Legislature,
3 either for the state general revenue fund or any trust fund,
4 if that tax or fee is in effect at the time of the election
5 when the proposed amendment or revision is considered. The
6 amendment also requires that a proposed amendment to or
7 revision of the State Constitution which imposes a significant
8 financial impact on state government must be approved by at
9 least two-thirds of those voters voting in the election in
10 which such amendment or revision is considered. For the
11 purposes of this amendment, a "significant financial impact"
12 means a financial impact to the state, including requiring the
13 Legislature to increase taxes in order to maintain the state
14 budget at existing revenues and expenditures, in any state
15 fiscal year prior to and including the first state fiscal year
16 of full implementation in an amount greater than two-tenths of
17 1 percent of the portion of the state budget appropriated from
18 the General Revenue Fund, as established in the General
19 Appropriations Act approved by the Governor, for the state
20 fiscal year ending in the year prior to the election in which
21 such proposed amendment or revision is considered. Currently,
22 such a proposal must be approved by only a simple majority of
23 those voting on the proposal, unless it imposes a new state
24 tax or fee. This amendment repeals obsolete provisions in this
25 section of the State Constitution relating to items on the
26 November 8, 1994, ballot.
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29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 Delete everything before the enacting clause
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4:47 PM 04/29/05 h1741.25ee.001
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HJR 1741, 2nd Eng.
Barcode 270608
1 and insert:
2 House Joint Resolution
3 A joint resolution proposing an amendment to
4 Section 7 of Article XI of the State
5 Constitution; requiring that a proposed
6 amendment to or revision of the State
7 Constitution which increases an existing state
8 tax or fee by state government must be approved
9 by at least two-thirds of those voters voting
10 in the election in which such amendment or
11 revision is considered; providing that the
12 phrase "existing State tax or fee" means any
13 tax or fee producing revenue subject to lump
14 sum or other appropriation by the Legislature,
15 either for the state general revenue fund or
16 any trust fund, which tax or fee is in effect
17 at the time of the election when the proposed
18 amendment or revision is considered; requiring
19 that a proposed amendment to or revision of the
20 State Constitution which imposes a significant
21 financial impact on state government be
22 approved by at least two-thirds of those voters
23 voting in the election in which such amendment
24 or revision is considered; providing that the
25 phrase "significant financial impact" means a
26 financial impact to the state, including
27 requiring the Legislature to increase taxes in
28 order to maintain the state budget at existing
29 revenues and expenditures, in any state fiscal
30 year prior to and including the first state
31 fiscal year of full implementation in an amount
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4:47 PM 04/29/05 h1741.25ee.001
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HJR 1741, 2nd Eng.
Barcode 270608
1 greater than two-tenths of 1 percent of the
2 portion of the state budget appropriated from
3 the General Revenue Fund, as established in the
4 General Appropriations Act approved by the
5 Governor, for the state fiscal year ending in
6 the year prior to the election in which such
7 proposed amendment or revision is considered;
8 deleting obsolete provisions.
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10 Be It Resolved by the Legislature of the State of
11 Florida:
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