Senate Bill 1426

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                 SJR 1426

    By Senator Lee





    23-1056-00                                         See HJR 441

  1                     Senate Joint Resolution

  2         A joint resolution proposing amendments to

  3         Section 1 of Article VII and Section 21 of

  4         Article XII of the State Constitution relating

  5         to a limitation on state appropriations.

  6

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

  8

  9         That the following amendments to Section 1 of Article

10  VII and Section 21 of Article XII of the State Constitution

11  are agreed to and shall be submitted to the electors of this

12  state for approval or rejection at the next general election

13  or at an earlier special election specifically authorized by

14  law for that purpose:

15                           ARTICLE VII

16                       FINANCE AND TAXATION

17         SECTION 1.  Taxation; appropriations; state expenses;

18  state appropriations revenue limitation.--

19         (a)  No tax shall be levied except in pursuance of law.

20  No state ad valorem taxes shall be levied upon real estate or

21  tangible personal property.  All other forms of taxation shall

22  be preempted to the state except as provided by general law.

23         (b)  Motor vehicles, boats, airplanes, trailers,

24  trailer coaches and mobile homes, as defined by law, shall be

25  subject to a license tax for their operation in the amounts

26  and for the purposes prescribed by law, but shall not be

27  subject to ad valorem taxes.

28         (c)  No money shall be drawn from the treasury except

29  in pursuance of appropriation made by law.

30

31

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    Florida Senate - 2000                                 SJR 1426
    23-1056-00                                         See HJR 441




  1         (d)  Provision shall be made by law for raising

  2  sufficient revenue to defray the expenses of the state for

  3  each fiscal period.

  4         (e)(1)  State appropriations for any fiscal year shall

  5  be limited to state appropriations for the prior fiscal year

  6  plus an adjustment for growth.  For purposes of calculating

  7  such state appropriations limitation, "state appropriations"

  8  shall not include any portion of state appropriations spent or

  9  to be spent from receipt of federal funds.

10         (2)  The "adjustment for growth" shall be an amount

11  expressed as a percentage equal to the sum of the average

12  annual rate of growth in median household income in Florida

13  over the most recent five years plus the rate of growth of the

14  population of Florida projected for the fiscal year.  Median

15  household income in Florida shall be that established and

16  published by the United States Department of Commerce or its

17  successor, and the population of Florida shall be that

18  estimated by the legislature's Office of Economic and

19  Demographic Research or its successor.  State appropriations

20  for the prior fiscal year shall be multiplied by the growth

21  percentage and that product added to the prior fiscal year's

22  state appropriations to establish the state appropriations

23  limitation for the fiscal year.  The state appropriations

24  limitation established under this subsection is calculated by

25  the following formula:

26

27             SAL = {SAPFY x (MHIGR% + PGR%)} + SAPFY

28

29  Where:

30         SAL = state appropriations limitation.

31         SAPFY = state appropriations for the prior fiscal year.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                 SJR 1426
    23-1056-00                                         See HJR 441




  1         MHIGR% = median household income growth rate

  2  percentage, averaged over the most recent five years.

  3         PGR% = population growth rate percentage, projected for

  4  the fiscal year.

  5

  6         (3)  State revenues collected for any fiscal year in

  7  excess of the state appropriations limitation shall be

  8  transferred to the budget stabilization fund until the fund

  9  reaches the maximum balance specified in Section 19(g) of

10  Article III and thereafter shall be refunded to taxpayers as

11  provided by general law.  For purposes of this subsection,

12  "state revenues" includes general revenue and trust fund

13  receipts, but does not include federal fund receipts.

14         (4)  The state appropriations limitation required by

15  this subsection shall not apply in any fiscal year in which

16  the governor declares a state financial emergency on the order

17  of a war, a natural catastrophe, an economic depression, or

18  any event of similar magnitude.  However, the legislature must

19  agree by a three-fourths vote of the membership of each house

20  in a separate bill that contains no other subject to suspend

21  the state appropriations limitation for that year.  Except as

22  provided herein, state revenues collected for any fiscal year

23  shall be limited to state revenues allowed under this

24  subsection for the prior fiscal year plus an adjustment for

25  growth.  As used in this subsection, "growth" means an amount

26  equal to the average annual rate of growth in Florida personal

27  income over the most recent twenty quarters times the state

28  revenues allowed under this subsection for the prior fiscal

29  year. For the 1995-1996 fiscal year, the state revenues

30  allowed under this subsection for the prior fiscal year shall

31  equal the state revenues collected for the 1994-1995 fiscal

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                 SJR 1426
    23-1056-00                                         See HJR 441




  1  year.  Florida personal income shall be determined by the

  2  legislature, from information available from the United States

  3  Department of Commerce or its successor on the first day of

  4  February prior to the beginning of the fiscal year. State

  5  revenues collected for any fiscal year in excess of this

  6  limitation shall be transferred to the budget stabilization

  7  fund until the fund reaches the maximum balance specified in

  8  Section 19(g) of Article III, and thereafter shall be refunded

  9  to taxpayers as provided by general law.  State revenues

10  allowed under this subsection for any fiscal year may be

11  increased by a two-thirds vote of the membership of each house

12  of the legislature in a separate bill that contains no other

13  subject and that sets forth the dollar amount by which the

14  state revenues allowed will be increased. The vote may not be

15  taken less than seventy-two hours after the third reading of

16  the bill.  For purposes of this subsection, "state revenues"

17  means taxes, fees, licenses, and charges for services imposed

18  by the legislature on individuals, businesses, or agencies

19  outside state government.  However, "state revenues" does not

20  include:  revenues that are necessary to meet the requirements

21  set forth in documents authorizing the issuance of bonds by

22  the state; revenues that are used to provide matching funds

23  for the federal Medicaid program with the exception of the

24  revenues used to support the Public Medical Assistance Trust

25  Fund or its successor program and with the exception of state

26  matching funds used to fund elective expansions made after

27  July 1, 1994; proceeds from the state lottery returned as

28  prizes; receipts of the Florida Hurricane Catastrophe Fund;

29  balances carried forward from prior fiscal years; taxes,

30  licenses, fees, and charges for services imposed by local,

31  regional, or school district governing bodies; or revenue from

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                 SJR 1426
    23-1056-00                                         See HJR 441




  1  taxes, licenses, fees, and charges for services required to be

  2  imposed by any amendment or revision to this constitution

  3  after July 1, 1994. An adjustment to the revenue limitation

  4  shall be made by general law to reflect the fiscal impact of

  5  transfers of responsibility for the funding of governmental

  6  functions between the state and other levels of government.

  7  The legislature shall, by general law, prescribe procedures

  8  necessary to administer this subsection.

  9                           ARTICLE XII

10                             SCHEDULE

11         SECTION 21.  State appropriations revenue

12  limitation.--The amendment to Section 1 of Article VII

13  limiting state appropriations, if adopted at the general

14  election in November 2000, revenues shall take effect January

15  1, 2001 1995, and shall first be applicable to state fiscal

16  year 2001-2002 1995-1996.

17         BE IT FURTHER RESOLVED that the following statement be

18  placed on the ballot:

19                    CONSTITUTIONAL AMENDMENT

20             ARTICLE VII, SECTION, 1 AND ARTICLE XII,

21                           SECTION 21

22         LIMITATION ON STATE APPROPRIATIONS.--Proposing an

23  amendment to the State Constitution, effective January 1,

24  2001, to replace the revenue limitation with an appropriations

25  limitation indexed to the growth rate in median household

26  income and the projected population growth rate; transfer

27  excess revenues to the Budget Stabilization Fund, until

28  funded, and refund the rest; and suspend the limitation in

29  years of major financial emergency declared by the Governor

30  and approved by the Legislature by extraordinary vote in a

31  separate bill.

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