House Bill hb0087
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Florida House of Representatives - 2002 HJR 87
By Representative Wallace
1 House Joint Resolution
2 A joint resolution proposing amendments to
3 Section 1 of Article VII and Section 21 of
4 Article XII of the State Constitution relating
5 to a limitation on state appropriations.
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7 Be It Resolved by the Legislature of the State of Florida:
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9 That the amendments to Section 1 of Article VII and
10 Section 21 of Article XII of the State Constitution set forth
11 below are agreed to and shall be submitted to the electors of
12 Florida for approval or rejection at the general election to
13 be held in November 2002:
14 ARTICLE VII
15 FINANCE AND TAXATION
16 SECTION 1. Taxation; appropriations; state expenses;
17 state appropriations revenue limitation.--
18 (a) No tax shall be levied except in pursuance of law.
19 No state ad valorem taxes shall be levied upon real estate or
20 tangible personal property. All other forms of taxation shall
21 be preempted to the state except as provided by general law.
22 (b) Motor vehicles, boats, airplanes, trailers,
23 trailer coaches and mobile homes, as defined by law, shall be
24 subject to a license tax for their operation in the amounts
25 and for the purposes prescribed by law, but shall not be
26 subject to ad valorem taxes.
27 (c) No money shall be drawn from the treasury except
28 in pursuance of appropriation made by law.
29 (d) Provision shall be made by law for raising
30 sufficient revenue to defray the expenses of the state for
31 each fiscal period.
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Florida House of Representatives - 2002 HJR 87
567-152G-02
1 (e)(1) State appropriations for any fiscal year shall
2 be limited to state appropriations for the prior fiscal year
3 plus an adjustment for growth. For purposes of calculating
4 such state appropriations limitation, "state appropriations"
5 shall not include any portion of state appropriations spent or
6 to be spent from receipt of federal funds.
7 (2) The "adjustment for growth" shall be an amount
8 expressed as a percentage equal to the average annual rate of
9 growth in median household income in Florida over the most
10 recent five years. Median household income in Florida shall
11 be that established and published by the United States
12 Department of Commerce or its successor. State appropriations
13 for the prior fiscal year shall be multiplied by the growth
14 percentage and that product added to the prior fiscal year's
15 state appropriations to establish the state appropriations
16 limitation for the fiscal year. The state appropriations
17 limitation established under this subsection is calculated by
18 the following formula:
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20 SAL = (SAPFY x MHIGR%) + SAPFY
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22 Where:
23 SAL = state appropriations limitation.
24 SAPFY = state appropriations for the prior fiscal year.
25 MHIGR% = median household income growth rate
26 percentage, averaged over the most recent five years.
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28 (3) State revenues collected for any fiscal year in
29 excess of the state appropriations limitation shall be
30 transferred to the budget stabilization fund until the fund
31 reaches the maximum balance specified in Section 19(g) of
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Florida House of Representatives - 2002 HJR 87
567-152G-02
1 Article III and thereafter shall be refunded to taxpayers as
2 provided by general law. For purposes of this subsection,
3 "state revenues" includes general revenue and trust fund
4 receipts, but does not include federal fund receipts.
5 (4) The state appropriations limitation required by
6 this subsection shall not apply in any fiscal year in which
7 the governor declares a state financial emergency on the order
8 of a war, a natural catastrophe, an economic depression, or
9 any event of similar magnitude. However, the legislature must
10 agree by a three-fourths vote of the membership of each house
11 in a separate bill that contains no other subject to suspend
12 the state appropriations limitation for that year. Except as
13 provided herein, state revenues collected for any fiscal year
14 shall be limited to state revenues allowed under this
15 subsection for the prior fiscal year plus an adjustment for
16 growth. As used in this subsection, "growth" means an amount
17 equal to the average annual rate of growth in Florida personal
18 income over the most recent twenty quarters times the state
19 revenues allowed under this subsection for the prior fiscal
20 year. For the 1995-1996 fiscal year, the state revenues
21 allowed under this subsection for the prior fiscal year shall
22 equal the state revenues collected for the 1994-1995 fiscal
23 year. Florida personal income shall be determined by the
24 legislature, from information available from the United States
25 Department of Commerce or its successor on the first day of
26 February prior to the beginning of the fiscal year. State
27 revenues collected for any fiscal year in excess of this
28 limitation shall be transferred to the budget stabilization
29 fund until the fund reaches the maximum balance specified in
30 Section 19(g) of Article III, and thereafter shall be refunded
31 to taxpayers as provided by general law. State revenues
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Florida House of Representatives - 2002 HJR 87
567-152G-02
1 allowed under this subsection for any fiscal year may be
2 increased by a two-thirds vote of the membership of each house
3 of the legislature in a separate bill that contains no other
4 subject and that sets forth the dollar amount by which the
5 state revenues allowed will be increased. The vote may not be
6 taken less than seventy-two hours after the third reading of
7 the bill. For purposes of this subsection, "state revenues"
8 means taxes, fees, licenses, and charges for services imposed
9 by the legislature on individuals, businesses, or agencies
10 outside state government. However, "state revenues" does not
11 include: revenues that are necessary to meet the requirements
12 set forth in documents authorizing the issuance of bonds by
13 the state; revenues that are used to provide matching funds
14 for the federal Medicaid program with the exception of the
15 revenues used to support the Public Medical Assistance Trust
16 Fund or its successor program and with the exception of state
17 matching funds used to fund elective expansions made after
18 July 1, 1994; proceeds from the state lottery returned as
19 prizes; receipts of the Florida Hurricane Catastrophe Fund;
20 balances carried forward from prior fiscal years; taxes,
21 licenses, fees, and charges for services imposed by local,
22 regional, or school district governing bodies; or revenue from
23 taxes, licenses, fees, and charges for services required to be
24 imposed by any amendment or revision to this constitution
25 after July 1, 1994. An adjustment to the revenue limitation
26 shall be made by general law to reflect the fiscal impact of
27 transfers of responsibility for the funding of governmental
28 functions between the state and other levels of government.
29 The legislature shall, by general law, prescribe procedures
30 necessary to administer this subsection.
31 ARTICLE XII
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Florida House of Representatives - 2002 HJR 87
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1 SCHEDULE
2 SECTION 21. State appropriations revenue
3 limitation.--The amendment to Section 1 of Article VII
4 limiting state appropriations, if adopted at the general
5 election in November 2002, revenues shall take effect January
6 1, 2003 1995, and shall first be applicable to state fiscal
7 year 2003-2004 1995-1996.
8 BE IT FURTHER RESOLVED that in accordance with the
9 requirements of section 101.161, Florida Statutes, the title
10 and substance of the amendments proposed herein shall appear
11 on the ballot as follows:
12 LIMITATION ON STATE APPROPRIATIONS
13 Replaces the state revenue limitation with an
14 appropriations limitation that limits state appropriations for
15 any fiscal year to state appropriations for the prior fiscal
16 year plus a growth adjustment. Bases the growth adjustment on
17 Florida median household income rather than on the aggregate
18 personal income of Floridians. Continues transfer of excess
19 revenues to the Budget Stabilization Fund, until fully funded,
20 and refund of the rest to taxpayers pursuant to general law.
21 Suspends the limitation in fiscal years of major financial
22 emergency declared by the Governor and approved by the
23 Legislature by extraordinary vote in a separate bill
24 containing no other subject.
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