Senate Bill sb1436c1
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Florida Senate - 2006 CS for SJR 1436
By the Committee on Government Efficiency Appropriations; and
Senator Atwater
593-1838-06
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 state tax or fee
5 limitations, to specify application to
6 imposition of new state taxes or fees,
7 increases in existing state taxes or fees, and
8 imposition of significant financial impact on
9 state government.
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11 Be It Resolved by the Legislature of the State of Florida:
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13 That the following amendment to Section 7 of Article XI
14 of the State Constitution is agreed to and shall be submitted
15 to the electors of this state for approval or rejection at the
16 next general election or at an earlier special election
17 specifically authorized by law for that purpose:
18 ARTICLE XI
19 AMENDMENTS
20 SECTION 7. Tax, or fee, or significant financial
21 impact limitation.--Notwithstanding Article X, Section 12(d)
22 of this constitution:,
23 (a) No amendment or revision to this constitution
24 which imposes a new state tax or fee shall become effective be
25 imposed on or after November 8, 1994 by any amendment to this
26 constitution unless the proposed amendment or revision is
27 approved by not fewer than two-thirds of the voters voting in
28 the election in which such proposed amendment or revision is
29 considered. For purposes of this subsection section, the
30 phrase "new state tax or fee" shall mean any tax or fee that
31 which would produce revenue subject to lump sum or other
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Florida Senate - 2006 CS for SJR 1436
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1 appropriation by the Legislature, either for the state general
2 revenue fund or any trust fund, which tax or fee is not in
3 effect on November 7, 1994. including without limitation such
4 taxes and fees as are the subject of proposed constitutional
5 amendments appearing on the ballot on November 8, 1994. This
6 section shall apply to proposed constitutional amendments
7 relating to State taxes or fees which appear on the November
8 8, 1994 ballot, or later ballots, and Any such proposed
9 amendment or revision that which fails to gain the two-thirds
10 vote required by this subsection hereby shall be null, void,
11 and without effect.
12 (b) No amendment or revision to this constitution that
13 increases an existing state tax or fee shall become effective
14 unless the proposed amendment or revision is approved by not
15 fewer than two-thirds of the voters voting in the election in
16 which such proposed amendment or revision is considered. For
17 purposes of this subsection, the phrase "existing state tax or
18 fee" means any tax or fee that produces revenue subject to
19 lump sum or other appropriation by the legislature, either for
20 the state general revenue fund or any trust fund, which tax or
21 fee is in effect at the time of the election at which the
22 proposed amendment or revision is considered. Any such
23 proposed amendment or revision that fails to gain the
24 two-thirds vote required by this subsection shall be null,
25 void, and without effect.
26 (c) No amendment or revision to this constitution that
27 imposes a significant financial impact on state government
28 shall become effective unless the proposed amendment or
29 revision is approved by not fewer than two-thirds of the
30 voters voting in the election in which such proposed amendment
31 or revision is considered. For purposes of this subsection,
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Florida Senate - 2006 CS for SJR 1436
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1 the phrase "significant financial impact" means a financial
2 impact to the state in any state fiscal year prior to and
3 including the first state fiscal year of full implementation,
4 including requiring the legislature to increase taxes or fees
5 in order to maintain the state budget at existing revenues and
6 expenditures, in an amount greater than two-tenths of one
7 percent of the portion of the state budget appropriated from
8 the state 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 imposes a significant financial impact on state government
14 shall be made and certified in accordance with general law.
15 Any such proposed amendment or revision that fails to gain the
16 two-thirds vote required by this subsection shall be null,
17 void, and without effect.
18 BE IT FURTHER RESOLVED that the following statement be
19 placed on the ballot:
20 CONSTITUTIONAL AMENDMENT
21 ARTICLE XI, SECTION 7
22 TWO-THIRDS VOTE FOR AMENDMENT INCREASING STATE TAX OR
23 FEE OR IMPOSING A SIGNIFICANT FINANCIAL IMPACT.--Under this
24 measure proposing to amend the State Constitution, a proposed
25 amendment or revision to the State Constitution that increases
26 an existing state tax or fee would have to be approved by at
27 least two-thirds of those voters voting in the election in
28 which the amendment or revision is considered. For the
29 purposes of this measure, "existing state tax or fee" means
30 any tax or fee that produces revenue subject to lump-sum or
31 other appropriation by the Legislature, either for the state
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Florida Senate - 2006 CS for SJR 1436
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1 general revenue fund or any trust fund, if that tax or fee is
2 in effect at the time of the election when the proposed
3 amendment or revision is considered. This measure would also
4 require that a proposed amendment or revision to the State
5 Constitution that would impose a significant financial impact
6 on state government must be approved by at least two-thirds of
7 those voters voting in the election in which the amendment or
8 revision is considered. For the purposes of this measure,
9 "significant financial impact" means a financial impact to the
10 state in any state fiscal year prior to and including the
11 first state fiscal year of full implementation, including
12 requiring the Legislature to increase taxes or fees in order
13 to maintain the state budget at existing revenues and
14 expenditures, in an amount greater than two-tenths of one
15 percent of the portion of the state budget appropriated from
16 the state general revenue fund, as established in the General
17 Appropriations Act approved by the Governor, for the state
18 fiscal year ending in the year prior to the election in which
19 such proposed amendment or revision is considered. The
20 determination of whether a proposed amendment or revision
21 imposes a significant financial impact on state government
22 would be made and certified in accordance with general law.
23 This measure adds to an existing provision of the Florida
24 Constitution, passed by Florida voters in 1996, that currently
25 applies the same two-thirds vote requirement only to a
26 proposed amendment that imposes a new state tax or fee. All
27 other proposed amendments or revisions presently must be
28 approved by only a simple majority of those voting on the
29 proposal. The measure also makes conforming changes in this
30 section of the State Constitution and repeals obsolete
31 provisions relating to items on the November 8, 1994, ballot.
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Florida Senate - 2006 CS for SJR 1436
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SJR 1436
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4 The committee substitute requires that no constitutional
amendment or revision that imposes a "significant financial
5 impact" on state government instead of resulting in
"significant spending" by state government, can be approved
6 without a 2/3 vote of the voters voting in the election in
which such proposed amendment or revision is considered.
7
The committee substitute defines "significant financial
8 impact" to mean a financial impact to the state in any state
fiscal year prior to and including the first state fiscal year
9 of full implementation, including requiring the legislature to
increase taxes or fees in order to maintain the state budget
10 at existing revenues and expenditures, in an amount greater
than two-tenths of one percent of the portion of the state
11 budget appropriated from the state general revenue fund, for
the state fiscal year ending in the year prior to the election
12 in which such proposed amendment or revision is considered.
13 The determination of whether a proposed amendment or revision
imposes a significant financial impact on state government
14 shall be made and certified in accordance with general law.
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