CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HJR 87
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Ryan offered the following:
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13 Amendment
14 Remove everything after the resolving clause
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16 insert:
17 That the amendments to Section 1 of Article VII and
18 Section 21 of Article XII of the State Constitution set forth
19 below are agreed to and shall be submitted to the electors of
20 Florida for approval or rejection at the general election to
21 be held in November 2002:
22 ARTICLE VII
23 FINANCE AND TAXATION
24 SECTION 1. Taxation; appropriations; state expenses;
25 state appropriations and revenue limitation.--
26 (a) No tax shall be levied except in pursuance of law.
27 No state ad valorem taxes shall be levied upon real estate or
28 tangible personal property. All other forms of taxation shall
29 be preempted to the state except as provided by general law.
30 (b) Motor vehicles, boats, airplanes, trailers,
31 trailer coaches and mobile homes, as defined by law, shall be
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hmo0011 08:50 am 00087-0099-601343
HOUSE AMENDMENT
Bill No. HJR 87
Amendment No. ___ (for drafter's use only)
1 subject to a license tax for their operation in the amounts
2 and for the purposes prescribed by law, but shall not be
3 subject to ad valorem taxes.
4 (c) No money shall be drawn from the treasury except
5 in pursuance of appropriation made by law.
6 (d) Provision shall be made by law for raising
7 sufficient revenue to defray the expenses of the state for
8 each fiscal period.
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
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hmo0011 08:50 am 00087-0099-601343
HOUSE AMENDMENT
Bill No. HJR 87
Amendment No. ___ (for drafter's use only)
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 (f) No more than 10 percent of the moneys received
29 from the tobacco industry to mitigate the impact of the use of
30 tobacco on Florida residents shall be appropriated by the
31 legislature in any fiscal year for administrative costs and
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HOUSE AMENDMENT
Bill No. HJR 87
Amendment No. ___ (for drafter's use only)
1 capital outlay projects combined.
2 ARTICLE XII
3 SCHEDULE
4 SECTION 21. State appropriations revenue
5 limitation.--The amendment to Section 1 of Article VII
6 limiting state appropriations, if adopted at the general
7 election in November 2002, revenues shall take effect January
8 1, 2003 1995, and shall first be applicable to state fiscal
9 year 2003-2004 1995-1996.
10 BE IT FURTHER RESOLVED that in accordance with the
11 requirements of section 101.161, Florida Statutes, the title
12 and substance of the amendments proposed herein shall appear
13 on the ballot as follows:
14 LIMITATION ON STATE APPROPRIATIONS
15 Proposing an amendment to the State Constitution
16 prohibiting more than 10 percent of tobacco settlement moneys
17 from being appropriated for administrative costs and capital
18 outlay.
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File original & 9 copies 03/14/02
hmo0011 08:50 am 00087-0099-601343