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Senate Bill 0082

Florida Senate - 1998 SJR 82 By Senator Burt 16-76-98 1 Senate Joint Resolution No. 2 A joint resolution proposing an amendment to 3 Section 1 of Article VII of the State 4 Constitution to limit legislative authority 5 with respect to taxes. 6 7 Be It Resolved by the Legislature of the State of Florida: 8 9 That the following amendment to Section 1 of Article 10 VII of the State Constitution is agreed to and shall be 11 submitted to the electors of this state for approval or 12 rejection at the next general election or at an earlier 13 special election specifically authorized by law for that 14 purpose and that, if approved, it shall take effect January 1, 15 1999: 16 ARTICLE VII 17 FINANCE AND TAXATION 18 SECTION 1. Taxation; appropriations; state expenses; 19 state revenue limitation.-- 20 (a) No tax shall be levied except in pursuance of law. 21 No state ad valorem taxes shall be levied upon real estate or 22 tangible personal property. All other forms of taxation shall 23 be preempted to the state except as provided by general law. 24 (b) Motor vehicles, boats, airplanes, trailers, 25 trailer coaches and mobile homes, as defined by law, shall be 26 subject to a license tax for their operation in the amounts 27 and for the purposes prescribed by law, but shall not be 28 subject to ad valorem taxes. 29 (c) No money shall be drawn from the treasury except 30 in pursuance of appropriation made by law. 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SJR 82 16-76-98 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. However, a law enacted after January 1, 4 1999, may not impose, expand the base of, increase the rate 5 of, or repeal an exemption from a tax unless the law is 6 enacted in a separate bill for that purpose only by a 7 two-thirds vote of the membership of each house of the 8 legislature. 9 (e) Except as provided herein, state revenues 10 collected for any fiscal year shall be limited to state 11 revenues allowed under this subsection for the prior fiscal 12 year plus an adjustment for growth. As used in this 13 subsection, "growth" means an amount equal to the average 14 annual rate of growth in Florida personal income over the most 15 recent twenty quarters times the state revenues allowed under 16 this subsection for the prior fiscal year. For the 1995-1996 17 fiscal year, the state revenues allowed under this subsection 18 for the prior fiscal year shall equal the state revenues 19 collected for the 1994-1995 fiscal year. Florida personal 20 income shall be determined by the legislature, from 21 information available from the United States Department of 22 Commerce or its successor on the first day of February prior 23 to the beginning of the fiscal year. State revenues collected 24 for any fiscal year in excess of this limitation shall be 25 transferred to the budget stabilization fund until the fund 26 reaches the maximum balance specified in Section 19(g) of 27 Article III, and thereafter shall be refunded to taxpayers as 28 provided by general law. State revenues allowed under this 29 subsection for any fiscal year may be increased by a 30 two-thirds vote of the membership of each house of the 31 legislature in a separate bill that contains no other subject 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SJR 82 16-76-98 1 and that sets forth the dollar amount by which the state 2 revenues allowed will be increased. The vote may not be taken 3 less than seventy-two hours after the third reading of the 4 bill. For purposes of this subsection, "state revenues" means 5 taxes, fees, licenses, and charges for services imposed by the 6 legislature on individuals, businesses, or agencies outside 7 state government. However, "state revenues" does not include: 8 revenues that are necessary to meet the requirements set forth 9 in documents authorizing the issuance of bonds by the state; 10 revenues that are used to provide matching funds for the 11 federal Medicaid program with the exception of the revenues 12 used to support the Public Medical Assistance Trust Fund or 13 its successor program and with the exception of state matching 14 funds used to fund elective expansions made after July 1, 15 1994; proceeds from the state lottery returned as prizes; 16 receipts of the Florida Hurricane Catastrophe Fund; balances 17 carried forward from prior fiscal years; taxes, licenses, 18 fees, and charges for services imposed by local, regional, or 19 school district governing bodies; or revenue from taxes, 20 licenses, fees, and charges for services required to be 21 imposed by any amendment or revision to this constitution 22 after July 1, 1994. An adjustment to the revenue limitation 23 shall be made by general law to reflect the fiscal impact of 24 transfers of responsibility for the funding of governmental 25 functions between the state and other levels of government. 26 The legislature shall, by general law, prescribe procedures 27 necessary to administer this subsection. 28 BE IT FURTHER RESOLVED that the following statement be 29 placed on the ballot: 30 CONSTITUTIONAL AMENDMENT 31 ARTICLE VII, SECTION 1 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SJR 82 16-76-98 1 LIMITATION ON IMPOSITION OF TAXES, INCREASES IN TAX 2 RATES, AND REPEAL OF TAX EXEMPTIONS.--Proposing an amendment 3 to the State Constitution, effective January 1, 1999, 4 requiring that a law that imposes new or increased taxes or 5 repeals exemptions from a tax be enacted in a bill for that 6 purpose only by a two-thirds vote of the membership of each 7 house of the Legislature. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4