Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 443948
CHAMBER ACTION
Senate House
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03/15/2005 02:27 PM .
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11 The Committee on Ethics and Elections (Jones) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 1, lines 7-12, delete those lines
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17 and insert:
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19 Be It Resolved by the Legislature of the State of Florida:
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21 That the amendment to Section 7 of Article XI of the
22 State Constitution is agreed to and shall be submitted to the
23 electors of this state for approval or rejection at the next
24 general election or at an earlier special election
25 specifically authorized by law for that purpose:
26 ARTICLE XI
27 AMENDMENTS
28 SECTION 7. Tax, or fee, or significant financial
29 impact limitation.--Notwithstanding Article X, Section 12(d)
30 of this constitution:,
31 (a) No amendment or revision to this constitution
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2200
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1 which imposes, or authorizes the imposition of, a new State
2 tax or fee shall become effective be imposed on or after
3 November 8, 1994 by any amendment to this constitution unless
4 the proposed amendment or revision is approved by not fewer
5 than two-thirds of the voters voting in the election in which
6 such proposed amendment or revision is considered. For
7 purposes of this section, the phrase "new State tax or fee"
8 shall mean any tax or fee which would produce revenue subject
9 to lump sum or other appropriation by the Legislature, either
10 for the State general revenue fund or any trust fund, which
11 tax or fee is not in effect on November 7, 1994. including
12 without limitation such taxes and fees as are the subject of
13 proposed constitutional amendments appearing on the ballot on
14 November 8, 1994. This section shall apply to proposed
15 constitutional amendments relating to State taxes or fees
16 which appear on the November 8, 1994 ballot, or later ballots,
17 and Any such proposed amendment or revision that which fails
18 to gain the two-thirds vote required hereby shall be null,
19 void, and without effect.
20 (b) No amendment or revision to this constitution
21 which increases, or authorizes the increase of, an existing
22 State tax or fee shall become effective unless the proposed
23 amendment or revision is approved by not fewer than two-thirds
24 of the voters voting in the election in which such proposed
25 amendment or revision is considered. For purposes of this
26 section, the phrase "existing State tax or fee" shall mean any
27 tax or fee that produces revenue subject to lump sum or other
28 appropriation by the Legislature, either for the State general
29 revenue fund or any trust fund, which tax or fee is in effect
30 at the time of the election at which the proposed amendment or
31 revision is considered. Any such proposed amendment or
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 443948
1 revision that fails to gain the two-thirds vote required by
2 this subsection shall be null, void, and without effect.
3 (c) No amendment or revision to this constitution
4 which imposes a significant financial impact on state
5 government shall become effective unless the proposed
6 amendment or revision is approved by not fewer than two-thirds
7 of voters voting in the election in which such proposed
8 amendment or revision is considered. For purposes of this
9 section, the phrase "significant financial impact" shall mean
10 an amount greater than one-tenth of one percent of the total
11 state budget for the state fiscal year ending in the year
12 prior to the election in which such proposed amendment or
13 revision is considered. The dollar amount for establishing a
14 significant financial impact shall be determined pursuant to
15 general law. Any such proposed amendment or revision that
16 fails to gain the two-thirds vote required by this subsection
17 shall be null, void, and without effect.
18 BALLOT STATEMENT AMENDMENT
19 BE IT FURTHER RESOLVED that the following statement be
20 placed on the ballot:
21 CONSTITUTIONAL AMENDMENT
22 ARTICLE XI, SECTION 7
23 TAX, FEE, AND SIGNIFICANT FINANCIAL IMPACT LIMITATION
24 AMENDMENT.--Proposing amendments to the State Constitution
25 requiring that a proposed amendment to or revision of the
26 State Constitution which authorizes the imposition of a new
27 state tax or fee, or increases or authorizes the increase of
28 an existing state tax or fee, by state government must be
29 approved by at least two-thirds of those voters voting in the
30 election in which such amendment or revision is considered.
31 For the purposes of this amendment, "existing state tax or
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 443948
1 fee" means any tax or fee that produces revenue subject to
2 lump-sum or other appropriation by the Legislature, either for
3 the state general revenue fund or any trust fund, if that tax
4 or fee is in effect at the time of the election when the
5 proposed amendment or revision is considered. The amendment
6 also requires that a proposed amendment to or revision of the
7 State Constitution which imposes a significant financial
8 impact on state government must be approved by at least
9 two-thirds of those voters voting in the election in which
10 such amendment or revision is considered. For the purposes of
11 this amendment, a "significant financial impact" means any
12 amount greater than one-tenth of one percent of the total
13 state budget for the state fiscal year ending in the year
14 prior to the general election in which such proposed amendment
15 or revision is considered. Currently, such a proposal must be
16 approved only by a simple majority of those voting on the
17 proposal, unless it imposes a new state tax or fee. This
18 amendment repeals obsolete language in this section of the
19 State Constitution relating to items on the November 8, 1994,
20 ballot.
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23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 On page 1, lines 1 through 5, delete those lines
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27 and insert:
28 Senate Joint Resolution No. 2200
29 A joint resolution proposing an amendment to
30 Section 7 of Article XI of the State
31 Constitution; requiring that a proposed
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 443948
1 amendment to or revision of the State
2 Constitution that authorizes the imposition of
3 a new State tax or fee by State government must
4 be approved by at least two-thirds of those
5 voters voting in the election in which such
6 amendment or revision is considered; requires
7 that a proposed amendment to or revision of the
8 State Constitution that increases, or
9 authorizes the increase of, an existing State
10 tax or fee by State government must be approved
11 by at least two-thirds of those voters voting
12 in the election in which such amendment or
13 revision is considered; provides the phrase
14 "existing State tax or fee" means any tax or
15 fee producing revenue subject to lump sum or
16 other appropriation by the Legislature, either
17 for the State general revenue fund or any trust
18 fund, which tax or fee is in effect at the time
19 of the election when the proposed amendment or
20 revision is considered; requires that a
21 proposed amendment to or revision of the State
22 Constitution that imposes a significant
23 financial impact on state government be
24 approved by at least two-thirds of those voters
25 voting in the election in which such amendment
26 or revision is considered; provides the phrase
27 "significant financial impact" means an amount
28 greater than one-tenth of one percent of the
29 total state budget for the state fiscal year
30 ending in the year prior to the general
31 election in which such proposed amendment or
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 443948
1 revision is considered; deletes obsolete
2 language.
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