CODING: Words stricken are deletions; words underlined are additions.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.
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7 Be It Resolved by the Legislature of the State of Florida:
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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.
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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
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Florida House of Representatives - 1997 HJR 1417
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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
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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.
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25 ADDITIONAL SPONSORS
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Feeney, Starks, Arnall, Wise, Albright, Dockery, Littlefield,
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King and Jones
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