Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HJR 1741, 2nd Eng.
                        Barcode 270608
                            CHAMBER ACTION
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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 2 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 3 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. 27 28 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 4 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 5 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. 9 10 Be It Resolved by the Legislature of the State of 11 Florida: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 4:47 PM 04/29/05 h1741.25ee.001