Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SJR 1436
                        Barcode 981244
                            CHAMBER ACTION
              Senate                               House
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       04/25/2006 04:54 PM         .                    
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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
16  
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 2 4:18 PM 04/25/06 s1436.wm25.r01
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 3 4:18 PM 04/25/06 s1436.wm25.r01
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. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 Delete everything before the enacting clause 25 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 4 4:18 PM 04/25/06 s1436.wm25.r01
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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 4:18 PM 04/25/06 s1436.wm25.r01