Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SJR 1436
Barcode 981244
CHAMBER ACTION
Senate House
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11 The Committee on Ways and Means (Atwater) recommended the
12 following substitute for amendment (684750):
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 That the following amendment to Section 7 of Article XI
19 of the State Constitution is agreed to and shall be submitted
20 to the electors of this state for approval or rejection at the
21 next general election or at an earlier special election
22 specifically authorized by law for that purpose:
23 ARTICLE XI
24 AMENDMENTS
25 SECTION 7. Tax, or fee, or significant change in state
26 spending limitation.--Notwithstanding Article X, Section 12(d)
27 of this constitution:,
28 (a) No amendment or revision to this constitution
29 which increases, decreases, or eliminates an existing state
30 tax or fee, or which imposes a new state tax or fee, shall
31 become effective be imposed on or after November 8, 1994 by
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4:18 PM 04/25/06 s1436.wm25.r01
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SJR 1436
Barcode 981244
1 any amendment to this constitution unless the proposed
2 amendment or revision is approved by not fewer than two-thirds
3 of the voters voting in the election in which such proposed
4 amendment or revision is considered. For purposes of this
5 subsection section, the phrase "new state tax or fee" shall
6 mean any tax or fee that produces or which would produce
7 revenue subject to lump sum or other appropriation by the
8 Legislature, either for the state general revenue fund or any
9 trust fund., which tax or fee is not in effect on November 7,
10 1994 including without limitation such taxes and fees as are
11 the subject of proposed constitutional amendments appearing on
12 the ballot on November 8, 1994. This section shall apply to
13 proposed constitutional amendments relating to State taxes or
14 fees which appear on the November 8, 1994 ballot, or later
15 ballots, and Any such proposed amendment or revision that
16 which fails to gain the two-thirds vote required by this
17 subsection hereby shall be null, void, and without effect.
18 (b) No amendment or revision to this constitution
19 which would result in a significant increase or decrease in
20 spending by state government shall become effective unless the
21 proposed amendment or revision is approved by not fewer than
22 two-thirds of the voters voting in the election in which such
23 proposed amendment or revision is considered. For purposes of
24 this subsection, a "significant increase or decrease in
25 spending" means an increase or decrease in spending by the
26 state in any state fiscal year, including the first state
27 fiscal year of full implementation, in an amount greater than
28 two-tenths of one percent of the portion of the state budget
29 appropriated from the state general revenue fund, as
30 established in the general appropriations act approved by the
31 governor, for the state fiscal year ending in the year prior
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SJR 1436
Barcode 981244
1 to the election in which such proposed amendment or revision
2 is considered. The determination of whether a proposed
3 amendment or revision would result in a significant increase
4 or decrease in spending by state government shall be made and
5 certified in accordance with general law. Any such proposed
6 amendment or revision that fails to gain the two-thirds vote
7 required by this subsection shall be null, void, and without
8 effect.
9 BE IT FURTHER RESOLVED that the following statement be
10 placed on the ballot:
11 CONSTITUTIONAL AMENDMENT
12 ARTICLE XI, SECTION 7
13 TWO-THIRDS VOTE FOR AMENDMENT AFFECTING STATE TAX OR
14 FEE OR SIGNIFICANTLY AFFECTING STATE SPENDING.--Under this
15 measure proposing to amend the State Constitution, a proposed
16 amendment or revision to the State Constitution which would
17 increase, decrease, or eliminate an existing state tax or fee
18 must be approved by at least two-thirds of those voters voting
19 in the election in which the amendment or revision is
20 considered. For the purposes of this measure, "state tax or
21 fee" means any tax or fee that produces revenue subject to
22 lump-sum or other appropriation by the Legislature, either for
23 the state general revenue fund or any trust fund. This measure
24 would also require that a proposed amendment or revision to
25 the State Constitution which would result in a significant
26 increase or decrease in spending by state government must be
27 approved by at least two-thirds of those voters voting in the
28 election in which the amendment or revision is considered. For
29 the purposes of this measure, "significant increase or
30 decrease in spending" means an increase or decrease in
31 spending by the state in any state fiscal year, including the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SJR 1436
Barcode 981244
1 first state fiscal year of full implementation, in an amount
2 greater than two-tenths of one percent of the portion of the
3 state budget appropriated from the state general revenue fund,
4 as established in the General Appropriations Act approved by
5 the Governor, for the state fiscal year ending in the year
6 prior to the election in which such proposed amendment or
7 revision is considered. The determination of whether a
8 proposed amendment or revision imposes a significant increase
9 or decrease in spending by state government would be made and
10 certified in accordance with general law. This measure adds to
11 an existing provision of the Florida Constitution, passed by
12 Florida voters in 1996, that currently applies the same
13 two-thirds vote requirement only to a proposed amendment that
14 imposes a new state tax or fee. All other proposed amendments
15 or revisions presently must be approved by only a simple
16 majority of those voting on the proposal. The measure also
17 makes conforming changes in this section of the State
18 Constitution and repeals obsolete provisions relating to items
19 on the November 8, 1994, ballot.
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23 And the title is amended as follows:
24 Delete everything before the enacting clause
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26 and insert:
27 Senate Joint Resolution
28 A joint resolution proposing an amendment to
29 Section 7 of Article XI of the State
30 Constitution, relating to state tax or fee
31 limitations, to specify application to
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SJR 1436
Barcode 981244
1 imposition of new state taxes or fees, an
2 increase or decrease in or elimination of
3 existing state taxes or fees, and imposition of
4 significant financial impact on state
5 government.
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