| 1 | House Joint Resolution | 
| 2 | A joint resolution proposing an amendment to Section 1 of  | 
| 3 | Article VII and the creation of Section 26 of Article XII  | 
| 4 | of the State Constitution, relating to a limitation on  | 
| 5 | legislative power to impose or increase, or repeal an  | 
| 6 | exemption from, taxes, fees, penalties, or fines. | 
| 7 | 
  | 
| 8 | Be It Resolved by the Legislature of the State of Florida: | 
| 9 | 
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| 10 |      That the amendment to Section 1 of Article VII and the  | 
| 11 | creation of Section 26 of Article XII of the State Constitution  | 
| 12 | set forth below are agreed to and shall be submitted to the  | 
| 13 | electors of Florida for approval or rejection at the general  | 
| 14 | election to be held in November 2004 or at an earlier special  | 
| 15 | election specifically authorized by law for that purpose: | 
| 16 | ARTICLE VII | 
| 17 | FINANCE AND TAX | 
| 18 |      SECTION 1.  Taxation; appropriations; state expenses; state  | 
| 19 | revenue limitation.-- | 
| 20 |      (a)  No tax shall be levied except in pursuance of law. No  | 
| 21 | state ad valorem taxes shall be levied upon real estate or  | 
| 22 | tangible personal property. All other forms of taxation shall be  | 
| 23 | preempted to the state except as provided by general law. | 
| 24 |      (b)  Motor vehicles, boats, airplanes, trailers, trailer  | 
| 25 | coaches and mobile homes, as defined by law, shall be subject to  | 
| 26 | a license tax for their operation in the amounts and for the  | 
| 27 | purposes prescribed by law, but shall not be subject to ad  | 
| 28 | valorem taxes. | 
| 29 |      (c)  No money shall be drawn from the treasury except in  | 
| 30 | pursuance of appropriation made by law. | 
| 31 |      (d)  Provision shall be made by law for raising sufficient  | 
| 32 | revenue to defray the expenses of the state for each fiscal  | 
| 33 | period. However, a law enacted after January 1, 2005, may not  | 
| 34 | impose a tax, fee, penalty, or fine, expand a tax base, or  | 
| 35 | increase a tax rate, fee, penalty, or fine for an amount of  | 
| 36 | significant fiscal impact unless the law is enacted in a  | 
| 37 | separate bill for that purpose only by a two-thirds vote of the  | 
| 38 | membership of each house of the legislature. A law enacted after  | 
| 39 | January 1, 2010, may not repeal an exemption from a tax, fee,  | 
| 40 | penalty, or fine for an amount of significant fiscal impact  | 
| 41 | unless the law is enacted in a separate bill for that purpose  | 
| 42 | only by a two-thirds vote of the membership of each house of the  | 
| 43 | legislature. Such requirement shall not apply to the  | 
| 44 | reclassification of criminal activity or the enactment of laws  | 
| 45 | the result of which is to make an already enacted fee, penalty,  | 
| 46 | or fine applicable to additional conduct. | 
| 47 |      (e)  Except as provided herein, state revenues collected  | 
| 48 | for any fiscal year shall be limited to state revenues allowed  | 
| 49 | under this subsection for the prior fiscal year plus an  | 
| 50 | adjustment for growth. As used in this subsection, "growth"  | 
| 51 | means an amount equal to the average annual rate of growth in  | 
| 52 | Florida personal income over the most recent twenty quarters  | 
| 53 | times the state revenues allowed under this subsection for the  | 
| 54 | prior fiscal year. For the 1995-1996 fiscal year, the state  | 
| 55 | revenues allowed under this subsection for the prior fiscal year  | 
| 56 | shall equal the state revenues collected for the 1994-1995  | 
| 57 | fiscal year. Florida personal income shall be determined by the  | 
| 58 | legislature, from information available from the United States  | 
| 59 | Department of Commerce or its successor on the first day of  | 
| 60 | February prior to the beginning of the fiscal year. State  | 
| 61 | revenues collected for any fiscal year in excess of this  | 
| 62 | limitation shall be transferred to the budget stabilization fund  | 
| 63 | until the fund reaches the maximum balance specified in Section  | 
| 64 | 19(g) of Article III, and thereafter shall be refunded to  | 
| 65 | taxpayers as provided by general law. State revenues allowed  | 
| 66 | under this subsection for any fiscal year may be increased by a  | 
| 67 | two-thirds vote of the membership of each house of the  | 
| 68 | legislature in a separate bill that contains no other subject  | 
| 69 | and that sets forth the dollar amount by which the state  | 
| 70 | revenues allowed will be increased. The vote may not be taken  | 
| 71 | less than seventy-two hours after the third reading of the bill.  | 
| 72 | For purposes of this subsection, "state revenues" means taxes,  | 
| 73 | fees, licenses, and charges for services imposed by the  | 
| 74 | legislature on individuals, businesses, or agencies outside  | 
| 75 | state government. However, "state revenues" does not include:  | 
| 76 | revenues that are necessary to meet the requirements set forth  | 
| 77 | in documents authorizing the issuance of bonds by the state;  | 
| 78 | revenues that are used to provide matching funds for the federal  | 
| 79 | Medicaid program with the exception of the revenues used to  | 
| 80 | support the Public Medical Assistance Trust Fund or its  | 
| 81 | successor program and with the exception of state matching funds  | 
| 82 | used to fund elective expansions made after July 1, 1994;  | 
| 83 | proceeds from the state lottery returned as prizes; receipts of  | 
| 84 | the Florida Hurricane Catastrophe Fund; balances carried forward  | 
| 85 | from prior fiscal years; taxes, licenses, fees, and charges for  | 
| 86 | services imposed by local, regional, or school district  | 
| 87 | governing bodies; or revenue from taxes, licenses, fees, and  | 
| 88 | charges for services required to be imposed by any amendment or  | 
| 89 | revision to this constitution after July 1, 1994. An adjustment  | 
| 90 | to the revenue limitation shall be made by general law to  | 
| 91 | reflect the fiscal impact of transfers of responsibility for the  | 
| 92 | funding of governmental functions between the state and other  | 
| 93 | levels of government. The legislature shall, by general law,  | 
| 94 | prescribe procedures necessary to administer this subsection. | 
| 95 | XII | 
| 96 | SCHEDULE | 
| 97 |      SECTION 26.  Limitation on imposition or increase of taxes,  | 
| 98 | fees, penalties, or fines.--The amendment to Section 1(d) of  | 
| 99 | Article VII limiting the imposition or increase of taxes, fees,  | 
| 100 | penalties, or fines by the legislature shall take effect January  | 
| 101 | 1, 2005. | 
| 102 |      BE IT FURTHER RESOLVED that the title and substance of the  | 
| 103 | amendment 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  | 
| 107 | creation of section 26 of Article XII of the State Constitution  | 
| 108 | to require that any law enacted after January 1, 2005, which  | 
| 109 | imposes a tax, fee, penalty, or fine, expands a tax base, or  | 
| 110 | increases a tax rate, fee, penalty, or fine for an amount of  | 
| 111 | significant fiscal impact be enacted in a separate bill by a  | 
| 112 | two-thirds vote of the membership of each house of the  | 
| 113 | Legislature; require that any law enacted after January 1, 2010,  | 
| 114 | which repeals an exemption from a tax, fee, penalty, or fine for  | 
| 115 | an amount of significant fiscal impact be enacted in a separate  | 
| 116 | bill by a two-thirds vote of the membership of each house of the  | 
| 117 | Legislature; and exempt from such requirements the  | 
| 118 | reclassification of criminal activity or the enactment of laws  | 
| 119 | the result of which is to make an already enacted fee, penalty,  | 
| 120 | or fine applicable to additional conduct. |