Senate Bill sb1436c2

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    Florida Senate - 2006                   CS for CS for SJR 1436

    By the Committees on Ways and Means; Government Efficiency
    Appropriations; and Senators Atwater and Campbell




    576-2412-06

  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, an

  7         increase or decrease in or elimination of

  8         existing state taxes or fees, and imposition of

  9         significant financial impact on state

10         government.

11  

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

13  

14         That the following amendment to Section 7 of Article XI

15  of the State Constitution is agreed to and shall be submitted

16  to the electors of this state for approval or rejection at the

17  next general election or at an earlier special election

18  specifically authorized by law for that purpose:

19                            ARTICLE XI

20                            AMENDMENTS

21         SECTION 7.  Tax, or fee, or significant change in state

22  spending limitation.--Notwithstanding Article X, Section 12(d)

23  of this constitution:,

24         (a)  No amendment or revision to this constitution

25  which increases, decreases, or eliminates an existing state

26  tax or fee, or which imposes a new state tax or fee, shall

27  become effective be imposed on or after November 8, 1994 by

28  any amendment to this constitution unless the proposed

29  amendment or revision is approved by not fewer than two-thirds

30  of the voters voting in the election in which such proposed

31  amendment or revision is considered. For purposes of this

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    Florida Senate - 2006                   CS for CS for SJR 1436
    576-2412-06




 1  subsection section, the phrase "new state tax or fee" shall

 2  mean any tax or fee that produces or which would produce

 3  revenue subject to lump sum or other appropriation by the

 4  Legislature, either for the state general revenue fund or any

 5  trust fund., which tax or fee is not in effect on November 7,

 6  1994 including without limitation such taxes and fees as are

 7  the subject of proposed constitutional amendments appearing on

 8  the ballot on November 8, 1994. This section shall apply to

 9  proposed constitutional amendments relating to State taxes or

10  fees which appear on the November 8, 1994 ballot, or later

11  ballots, and Any such proposed amendment or revision that

12  which fails to gain the two-thirds vote required by this

13  subsection hereby shall be null, void, and without effect.

14         (b)  No amendment or revision to this constitution

15  which would result in a significant increase or decrease in

16  spending by state government shall become effective unless the

17  proposed amendment or revision is approved by not fewer than

18  two-thirds of the voters voting in the election in which such

19  proposed amendment or revision is considered. For purposes of

20  this subsection, a "significant increase or decrease in

21  spending" means an increase or decrease in spending by the

22  state in any state fiscal year, including the first state

23  fiscal year of full implementation, in an amount greater than

24  two-tenths of one percent of the portion of the state budget

25  appropriated from the state general revenue fund, as

26  established in the general appropriations act approved by the

27  governor, for the state fiscal year ending in the year prior

28  to the election in which such proposed amendment or revision

29  is considered. The determination of whether a proposed

30  amendment or revision would result in a significant increase

31  or decrease in spending by state government shall be made and

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    Florida Senate - 2006                   CS for CS for SJR 1436
    576-2412-06




 1  certified in accordance with general law. Any such proposed

 2  amendment or revision that fails to gain the two-thirds vote

 3  required by this subsection shall be null, void, and without

 4  effect.

 5         BE IT FURTHER RESOLVED that the following statement be

 6  placed on the ballot:

 7                     CONSTITUTIONAL AMENDMENT

 8                      ARTICLE XI, SECTION 7

 9         TWO-THIRDS VOTE FOR AMENDMENT AFFECTING STATE TAX OR

10  FEE OR SIGNIFICANTLY AFFECTING STATE SPENDING.--Under this

11  measure proposing to amend the State Constitution, a proposed

12  amendment or revision to the State Constitution which would

13  increase, decrease, or eliminate an existing state tax or fee

14  must be approved by at least two-thirds of those voters voting

15  in the election in which the amendment or revision is

16  considered. For the purposes of this measure, "state tax or

17  fee" means any tax or fee that produces revenue subject to

18  lump-sum or other appropriation by the Legislature, either for

19  the state general revenue fund or any trust fund. This measure

20  would also require that a proposed amendment or revision to

21  the State Constitution which would result in a significant

22  increase or decrease in spending by state government must be

23  approved by at least two-thirds of those voters voting in the

24  election in which the amendment or revision is considered. For

25  the purposes of this measure, "significant increase or

26  decrease in spending" means an increase or decrease in

27  spending by the state in any state fiscal year, including the

28  first state fiscal year of full implementation, in an amount

29  greater than two-tenths of one percent of the portion of the

30  state budget appropriated from the state general revenue fund,

31  as established in the General Appropriations Act approved by

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    Florida Senate - 2006                   CS for CS for SJR 1436
    576-2412-06




 1  the Governor, for the state fiscal year ending in the year

 2  prior to the election in which such proposed amendment or

 3  revision is considered. The determination of whether a

 4  proposed amendment or revision imposes a significant increase

 5  or decrease in spending by state government would be made and

 6  certified in accordance with general law. This measure adds to

 7  an existing provision of the Florida Constitution, passed by

 8  Florida voters in 1996, that currently applies the same

 9  two-thirds vote requirement only to a proposed amendment that

10  imposes a new state tax or fee. All other proposed amendments

11  or revisions presently must be approved by only a simple

12  majority of those voting on the proposal. The measure also

13  makes conforming changes in this section of the State

14  Constitution and repeals obsolete provisions relating to items

15  on the November 8, 1994, ballot.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                 CS/Senate Joint Resolution 1436

19                                 

20  The Committee Substitute for CS/SB 1436 expands the number of
    proposed constitutional amendments and revisions that will
21  require a 2/3 vote to include those amendments and revisions:

22  --   That decrease or eliminate a state tax or fee.  (The
         original CS included amendments and revisions that
23       imposed or increased a state tax or fee.)

24  --   That would result in a significant increase or decrease
         in state spending.  (The original CS included amendments
25       and revisions that imposed a significant financial impact
         on state government.)
26  

27  

28  

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31  

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