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.

10  

11  Be It Resolved by the Legislature of the State of Florida:

12  

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
    593-1838-06




 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
    593-1838-06




 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
    593-1838-06




 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
    593-1838-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SJR 1436

 3                                 

 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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