Senate Bill sb1436
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Florida Senate - 2006 SJR 1436
By Senator Atwater
25-410B-06
1 Senate Joint Resolution
2 A joint resolution proposing an amendment to
3 Section 7 of Article XI of the State
4 Constitution, relating to tax or fee
5 limitations; requiring approval by two-thirds
6 of those electors voting in an election in
7 order for an amendment or revision to the
8 Constitution which authorizes imposition of a
9 "new State tax or fee," which increases an
10 "existing State tax or fee," or which would
11 result in "significant spending" by state
12 government to take effect; deleting obsolete
13 provisions.
14
15 Be It Resolved by the Legislature of the State of Florida:
16
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 state spending
25 limitation.--Notwithstanding Article X, Section 12(d) of this
26 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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Florida Senate - 2006 SJR 1436
25-410B-06
1 the election in which such proposed amendment or revision is
2 considered. For purposes of this subsection section, the
3 phrase "new State tax or fee" shall mean any tax or fee which
4 would produce revenue subject to lump sum or other
5 appropriation by the Legislature, either for the State general
6 revenue fund or any trust fund, which tax or fee is not in
7 effect on November 7, 1994. including without limitation such
8 taxes and fees as are the subject of proposed constitutional
9 amendments appearing on the ballot on November 8, 1994. This
10 section shall apply to proposed constitutional amendments
11 relating to State taxes or fees which appear on the November
12 8, 1994 ballot, or later ballots, and Any such proposed
13 amendment or revision that which fails to gain the two-thirds
14 vote required by this subsection hereby shall be null, void,
15 and without effect.
16 (b) No amendment or revision to this constitution
17 which increases an existing State tax or fee shall become
18 effective unless the proposed amendment or revision is
19 approved by not fewer than two-thirds of the voters voting in
20 the election in which such proposed amendment or revision is
21 considered. For purposes of this subsection, the phrase
22 "existing State tax or fee" shall mean any tax or fee that
23 produces revenue subject to lump-sum or other appropriation by
24 the Legislature, either for the General Revenue Fund or any
25 trust fund, which tax or fee is in effect at the time of the
26 election at which the proposed amendment or revision is
27 considered. Any such proposed amendment or revision that fails
28 to gain the two-thirds vote required by this subsection shall
29 be null, void, and without effect.
30 (c) No amendment or revision to this constitution
31 which would result in significant spending by state government
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Florida Senate - 2006 SJR 1436
25-410B-06
1 shall become effective unless the proposed amendment or
2 revision is approved by not fewer than two-thirds of the
3 voters voting in the election in which such proposed amendment
4 or revision is considered. For purposes of this subsection,
5 the phrase "significant spending" shall mean spending in any
6 state fiscal year in an amount greater than two-tenths of one
7 percent of the portion of the state budget appropriated from
8 the General Revenue Fund, as established in the General
9 Appropriations Act approved by the Governor, for the state
10 fiscal year ending in the year prior to the election in which
11 such proposed amendment or revision is considered. The
12 determination of whether a proposed amendment or revision
13 would result in significant spending by state government shall
14 be made and certified in accordance with general laws to be
15 adopted in the next regular legislative session following
16 voter approval of this measure. Any such proposed amendment or
17 revision that fails to gain the two-thirds vote required by
18 this subsection shall be null, void, and without effect.
19 BE IT FURTHER RESOLVED that the following statement be
20 placed on the ballot:
21 CONSTITUTIONAL AMENDMENT
22 ARTICLE XI, SECTION 7
23 TWO-THIRDS VOTE FOR AMENDMENT INCREASING STATE TAX OR
24 FEE OR RESULTING IN SIGNIFICANT SPENDING.--Under this measure
25 proposing to amend the State Constitution, a proposed
26 amendment or revision to the State Constitution which
27 increases an existing state tax or fee would have to be
28 approved by at least two-thirds of those voters voting in the
29 election in which the amendment or revision is considered. For
30 the purposes of this measure, "existing state tax or fee"
31 means any tax or fee that produces revenue subject to lump-sum
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Florida Senate - 2006 SJR 1436
25-410B-06
1 or other appropriation by the Legislature, either for the
2 General Revenue Fund or any trust fund, if that tax or fee is
3 in effect at the time of the election when the proposed
4 amendment or revision is considered. This measure would also
5 require that a proposed amendment or revision to the State
6 Constitution which would result in significant spending by
7 state government must be approved by at least two-thirds of
8 those voters voting in the election in which the amendment or
9 revision is considered. For the purposes of this measure,
10 "significant spending" means spending in any state fiscal year
11 in an amount greater than two-tenths of 1 percent of the
12 portion of the state budget appropriated from the General
13 Revenue Fund, as established in the General Appropriations Act
14 approved by the Governor, for the state fiscal year ending in
15 the year prior to the election in which such proposed
16 amendment or revision is considered. The determination of
17 whether a proposed amendment or revision would result in
18 significant spending by state government would be made and
19 certified in accordance with general laws to be adopted in the
20 next regular legislative session following voter approval of
21 this measure. This measure adds to an existing provision of
22 the Florida Constitution, passed by Florida voters in 1996,
23 which currently applies the same two-thirds vote requirement
24 only to a proposed amendment that imposes a new state tax or
25 fee. All other proposed amendments or revisions presently must
26 be approved by only a simple majority of those voting on the
27 proposal. The measure also makes conforming changes in this
28 section of the State Constitution and repeals obsolete
29 provisions relating to items on the November 8, 1994, ballot.
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