Senate Bill sb0136

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    Florida Senate - 2005                                  SJR 136

    By Senator Geller





    31-117A-05

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment, to

  3         be entitled the Fiscal Responsibility Act of

  4         2006, to Section 1 of Article VII of the State

  5         Constitution, relating to finance and taxation,

  6         to require that any decrease in the rate of a

  7         tax levied by the state be effected in a

  8         separate bill enacted for that purpose only.

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

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12         That the following amendment to Section 1 of Article

13  VII of the State Constitution is agreed to and shall be

14  submitted to the electors of this state for approval or

15  rejection at the next general election or at an earlier

16  special election specifically authorized by law for that

17  purpose:

18                           ARTICLE VII 

19                       FINANCE AND TAXATION

20         SECTION 1.  Taxation; appropriations; state expenses;

21  state revenue limitation; separate bill for decrease in tax

22  rate.--

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

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

25  tangible personal property.  All other forms of taxation shall

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

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

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

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

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

31  subject to ad valorem taxes.

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    Florida Senate - 2005                                  SJR 136
    31-117A-05




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

 2  in pursuance of appropriation made by law.

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

 4  sufficient revenue to defray the expenses of the state for

 5  each fiscal period.

 6         (e)  Except as provided herein, state revenues

 7  collected for any fiscal year shall be limited to state

 8  revenues allowed under this subsection for the prior fiscal

 9  year plus an adjustment for growth.  As used in this

10  subsection, "growth" means an amount equal to the average

11  annual rate of growth in Florida personal income over the most

12  recent twenty quarters times the state revenues allowed under

13  this subsection for the prior fiscal year. For the 1995-1996

14  fiscal year, the state revenues allowed under this subsection

15  for the prior fiscal year shall equal the state revenues

16  collected for the 1994-1995 fiscal year.  Florida personal

17  income shall be determined by the legislature, from

18  information available from the United States Department of

19  Commerce or its successor on the first day of February prior

20  to the beginning of the fiscal year. State revenues collected

21  for any fiscal year in excess of this limitation shall be

22  transferred to the budget stabilization fund until the fund

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

24  Article III, and thereafter shall be refunded to taxpayers as

25  provided by general law.  State revenues allowed under this

26  subsection for any fiscal year may be increased by a

27  two-thirds vote of the membership of each house of the

28  legislature in a separate bill that contains no other subject

29  and that sets forth the dollar amount by which the state

30  revenues allowed will be increased. The vote may not be taken

31  less than seventy-two hours after the third reading of the

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    Florida Senate - 2005                                  SJR 136
    31-117A-05




 1  bill.  For purposes of this subsection, "state revenues" means

 2  taxes, fees, licenses, and charges for services imposed by the

 3  legislature on individuals, businesses, or agencies outside

 4  state government.  However, "state revenues" does not include:

 5  revenues that are necessary to meet the requirements set forth

 6  in documents authorizing the issuance of bonds by the state;

 7  revenues that are used to provide matching funds for the

 8  federal Medicaid program with the exception of the revenues

 9  used to support the Public Medical Assistance Trust Fund or

10  its successor program and with the exception of state matching

11  funds used to fund elective expansions made after July 1,

12  1994; proceeds from the state lottery returned as prizes;

13  receipts of the Florida Hurricane Catastrophe Fund; balances

14  carried forward from prior fiscal years; taxes, licenses,

15  fees, and charges for services imposed by local, regional, or

16  school district governing bodies; or revenue from taxes,

17  licenses, fees, and charges for services required to be

18  imposed by any amendment or revision to this constitution

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

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

21  transfers of responsibility for the funding of governmental

22  functions between the state and other levels of government.

23  The legislature shall, by general law, prescribe procedures

24  necessary to administer this subsection.

25         (f)  The Fiscal Responsibility Act of 2006.--The rate

26  of a tax levied by the state may not be decreased except

27  pursuant to a law enacted by the legislature in a separate

28  bill for that purpose only.

29         BE IT FURTHER RESOLVED that the following statement be

30  placed on the ballot:

31                     CONSTITUTIONAL AMENDMENT

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    Florida Senate - 2005                                  SJR 136
    31-117A-05




 1                      ARTICLE VII, SECTION 1

 2         SEPARATE BILL REQUIRED FOR DECREASE IN TAX

 3  RATE.--Proposing an amendment to the State Constitution to

 4  require that any decrease in the rate of a tax levied by the

 5  state be effected in a separate bill enacted for that purpose

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