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House Bill 1417

Florida House of Representatives - 1997 HJR 1417 By Representatives Bronson, Bainter, Futch, Casey, Wallace, Sembler, Minton, K. Pruitt, Byrd, Spratt, Mackey, Peaden, Putnam, Harrington, Westbrook, Trovillion, Merchant, Fuller, Carlton, Murman, Fasano, Kelly, Thrasher, Ball, Ogles, (Additional Sponsors on Last Printed Page) 1 House Joint Resolution 2 A joint resolution proposing amendments to 3 Section 6 of Article IV and Section 1 of 4 Article VII of the State Constitution, relating 5 to executive departments and taxation. 6 7 Be It Resolved by the Legislature of the State of Florida: 8 9 That the following amendments to Section 6 of Article 10 IV and Section 1 of Article VII of the State Constitution are 11 agreed to and shall be submitted to the electors of this state 12 for approval or rejection at the next general election or at 13 an earlier special election specifically authorized by law for 14 that purpose: 15 Article IV 16 EXECUTIVE 17 SECTION 6. Executive departments.--All functions of 18 the executive branch of state government shall be allotted 19 among not more than thirty twenty-five departments, exclusive 20 of those specifically provided for or authorized in this 21 constitution. The administration of each department, unless 22 otherwise provided in this constitution, shall be placed by 23 law under the direct supervision of the governor, the 24 lieutenant governor, the governor and cabinet, a cabinet 25 member, or an officer or board appointed by and serving at the 26 pleasure of the governor, except: 27 (a) When provided by law, confirmation by the senate 28 or the approval of three members of the cabinet shall be 29 required for appointment to or removal from any designated 30 statutory office. 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HJR 1417 166-168-97 1 (b) Boards authorized to grant and revoke licenses to 2 engage in regulated occupations shall be assigned to 3 appropriate departments and their members appointed for fixed 4 terms, subject to removal only for cause. 5 Article VII 6 FINANCE AND TAXATION 7 SECTION 1. Taxation; appropriations; state expenses; 8 state revenue limitation.-- 9 (a) No tax shall be levied except in pursuance of law. 10 No state ad valorem taxes shall be levied upon real estate or 11 tangible personal property other than for water management 12 purposes. All other forms of taxation shall be preempted to 13 the state except as provided by general law. 14 (b) Motor vehicles, boats, airplanes, trailers, 15 trailer coaches and mobile homes, as defined by law, shall be 16 subject to a license tax for their operation in the amounts 17 and for the purposes prescribed by law, but shall not be 18 subject to ad valorem taxes. 19 (c) No money shall be drawn from the treasury except 20 in pursuance of appropriation made by law. 21 (d) Provision shall be made by law for raising 22 sufficient revenue to defray the expenses of the state for 23 each fiscal period. 24 (e) Except as provided herein, state revenues 25 collected for any fiscal year shall be limited to state 26 revenues allowed under this subsection for the prior fiscal 27 year plus an adjustment for growth. As used in this 28 subsection, "growth" means an amount equal to the average 29 annual rate of growth in Florida personal income over the most 30 recent twenty quarters times the state revenues allowed under 31 this subsection for the prior fiscal year. For the 1995-1996 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HJR 1417 166-168-97 1 fiscal year, the state revenues allowed under this subsection 2 for the prior fiscal year shall equal the state revenues 3 collected for the 1994-1995 fiscal year. Florida personal 4 income shall be determined by the legislature, from 5 information available from the United States Department of 6 Commerce or its successor on the first day of February prior 7 to the beginning of the fiscal year. State revenues collected 8 for any fiscal year in excess of this limitation shall be 9 transferred to the budget stabilization fund until the fund 10 reaches the maximum balance specified in Section 19(g) of 11 Article III, and thereafter shall be refunded to taxpayers as 12 provided by general law. State revenues allowed under this 13 subsection for any fiscal year may be increased by a 14 two-thirds vote of the membership of each house of the 15 legislature in a separate bill that contains no other subject 16 and that sets forth the dollar amount by which the state 17 revenues allowed will be increased. The vote may not be taken 18 less than seventy-two hours after the third reading of the 19 bill. For purposes of this subsection, "state revenues" means 20 taxes, fees, licenses, and charges for services imposed by the 21 legislature on individuals, businesses, or agencies outside 22 state government. However, "state revenues" does not include: 23 revenues that are necessary to meet the requirements set forth 24 in documents authorizing the issuance of bonds by the state; 25 revenues that are used to provide matching funds for the 26 federal Medicaid program with the exception of the revenues 27 used to support the Public Medical Assistance Trust Fund or 28 its successor program and with the exception of state matching 29 funds used to fund elective expansions made after July 1, 30 1994; proceeds from the state lottery returned as prizes; 31 receipts of the Florida Hurricane Catastrophe Fund; balances 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HJR 1417 166-168-97 1 carried forward from prior fiscal years; taxes, licenses, 2 fees, and charges for services imposed by local, regional, or 3 school district governing bodies; or revenue from taxes, 4 licenses, fees, and charges for services required to be 5 imposed by any amendment or revision to this constitution 6 after July 1, 1994. An adjustment to the revenue limitation 7 shall be made by general law to reflect the fiscal impact of 8 transfers of responsibility for the funding of governmental 9 functions between the state and other levels of government. 10 The legislature shall, by general law, prescribe procedures 11 necessary to administer this subsection. 12 BE IT FURTHER RESOLVED that the following statement be 13 placed on the ballot: 14 CONSTITUTIONAL AMENDMENTS 15 ARTICLE IV, SECTION 6 16 ARTICLE VII, SECTION 1 17 EXECUTIVE DEPARTMENTS; TAXATION.--Proposing amendments 18 to the State Constitution which increase the limitation on the 19 number of executive departments and authorize state ad valorem 20 taxes for water management purposes. 21 22 23 ***************************************** 24 25 ADDITIONAL SPONSORS 26 Feeney, Starks, Arnall, Wise, Albright, Dockery, Littlefield, 27 King and Jones 28 29 30 31 4