HB 1471

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 1 of
3Article VII and the creation of Section 26 of Article XII
4of the State Constitution, relating to a limitation on
5legislative power to impose or increase, or repeal an
6exemption from, taxes, fees, penalties, or fines.
7
8Be It Resolved by the Legislature of the State of Florida:
9
10     That the amendment to Section 1 of Article VII and the
11creation of Section 26 of Article XII of the State Constitution
12set forth below are agreed to and shall be submitted to the
13electors of Florida for approval or rejection at the general
14election to be held in November 2004 or at an earlier special
15election specifically authorized by law for that purpose:
16
ARTICLE VII
17
FINANCE AND TAX
18     SECTION 1.  Taxation; appropriations; state expenses; state
19revenue limitation.--
20     (a)  No tax shall be levied except in pursuance of law. No
21state ad valorem taxes shall be levied upon real estate or
22tangible personal property. All other forms of taxation shall be
23preempted to the state except as provided by general law.
24     (b)  Motor vehicles, boats, airplanes, trailers, trailer
25coaches and mobile homes, as defined by law, shall be subject to
26a license tax for their operation in the amounts and for the
27purposes prescribed by law, but shall not be subject to ad
28valorem taxes.
29     (c)  No money shall be drawn from the treasury except in
30pursuance of appropriation made by law.
31     (d)  Provision shall be made by law for raising sufficient
32revenue to defray the expenses of the state for each fiscal
33period. However, a law enacted after January 1, 2005, may not
34impose a tax, fee, penalty, or fine, expand a tax base, or
35increase a tax rate, fee, penalty, or fine for an amount of
36significant fiscal impact unless the law is enacted in a
37separate bill for that purpose only by a two-thirds vote of the
38membership of each house of the legislature. A law enacted after
39January 1, 2010, may not repeal an exemption from a tax, fee,
40penalty, or fine for an amount of significant fiscal impact
41unless the law is enacted in a separate bill for that purpose
42only by a two-thirds vote of the membership of each house of the
43legislature. Such requirement shall not apply to the
44reclassification of criminal activity or the enactment of laws
45the result of which is to make an already enacted fee, penalty,
46or fine applicable to additional conduct.
47     (e)  Except as provided herein, state revenues collected
48for any fiscal year shall be limited to state revenues allowed
49under this subsection for the prior fiscal year plus an
50adjustment for growth. As used in this subsection, "growth"
51means an amount equal to the average annual rate of growth in
52Florida personal income over the most recent twenty quarters
53times the state revenues allowed under this subsection for the
54prior fiscal year. For the 1995-1996 fiscal year, the state
55revenues allowed under this subsection for the prior fiscal year
56shall equal the state revenues collected for the 1994-1995
57fiscal year. Florida personal income shall be determined by the
58legislature, from information available from the United States
59Department of Commerce or its successor on the first day of
60February prior to the beginning of the fiscal year. State
61revenues collected for any fiscal year in excess of this
62limitation shall be transferred to the budget stabilization fund
63until the fund reaches the maximum balance specified in Section
6419(g) of Article III, and thereafter shall be refunded to
65taxpayers as provided by general law. State revenues allowed
66under this subsection for any fiscal year may be increased by a
67two-thirds vote of the membership of each house of the
68legislature in a separate bill that contains no other subject
69and that sets forth the dollar amount by which the state
70revenues allowed will be increased. The vote may not be taken
71less than seventy-two hours after the third reading of the bill.
72For purposes of this subsection, "state revenues" means taxes,
73fees, licenses, and charges for services imposed by the
74legislature on individuals, businesses, or agencies outside
75state government. However, "state revenues" does not include:
76revenues that are necessary to meet the requirements set forth
77in documents authorizing the issuance of bonds by the state;
78revenues that are used to provide matching funds for the federal
79Medicaid program with the exception of the revenues used to
80support the Public Medical Assistance Trust Fund or its
81successor program and with the exception of state matching funds
82used to fund elective expansions made after July 1, 1994;
83proceeds from the state lottery returned as prizes; receipts of
84the Florida Hurricane Catastrophe Fund; balances carried forward
85from prior fiscal years; taxes, licenses, fees, and charges for
86services imposed by local, regional, or school district
87governing bodies; or revenue from taxes, licenses, fees, and
88charges for services required to be imposed by any amendment or
89revision to this constitution after July 1, 1994. An adjustment
90to the revenue limitation shall be made by general law to
91reflect the fiscal impact of transfers of responsibility for the
92funding of governmental functions between the state and other
93levels of government. The legislature shall, by general law,
94prescribe procedures necessary to administer this subsection.
95
XII
96
SCHEDULE
97     SECTION 26.  Limitation on imposition or increase of taxes,
98fees, penalties, or fines.--The amendment to Section 1(d) of
99Article VII limiting the imposition or increase of taxes, fees,
100penalties, or fines by the legislature shall take effect January
1011, 2005.
102     BE IT FURTHER RESOLVED that the title and substance of the
103amendment proposed herein shall appear on the ballot as follows:
104
LIMITATION ON LEGISLATIVE POWER TO IMPOSE
105
OR INCREASE TAXES, FEES, PENALTIES, OR FINES
106     Proposes an amendment to Section 1 of Article VII and the
107creation of section 26 of Article XII of the State Constitution
108to require that any law enacted after January 1, 2005, which
109imposes a tax, fee, penalty, or fine, expands a tax base, or
110increases a tax rate, fee, penalty, or fine for an amount of
111significant fiscal impact be enacted in a separate bill by a
112two-thirds vote of the membership of each house of the
113Legislature; require that any law enacted after January 1, 2010,
114which repeals an exemption from a tax, fee, penalty, or fine for
115an amount of significant fiscal impact be enacted in a separate
116bill by a two-thirds vote of the membership of each house of the
117Legislature; and exempt from such requirements the
118reclassification of criminal activity or the enactment of laws
119the result of which is to make an already enacted fee, penalty,
120or fine applicable to additional conduct.


CODING: Words stricken are deletions; words underlined are additions.