Senate Bill sb1158c1

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    Florida Senate - 2006                          CS for SJR 1158

    By the Committee on Government Efficiency Appropriations; and
    Senator Haridopolos




    593-2404-06

  1                     Senate Joint Resolution

  2         A joint resolution proposing the creation of

  3         Section 19 of Article VII of the State

  4         Constitution, relating to a limitation on state

  5         appropriations.

  6  

  7  Be It Resolved by the Legislature of the State of Florida:

  8  

  9         That the following creation of Section 19 of Article

10  VII of the State Constitution is agreed to and shall be

11  submitted to the electors of this state for approval or

12  rejection at the next general election or at an earlier

13  special election specifically authorized by law for that

14  purpose:

15                           ARTICLE VII

16                       FINANCE AND TAXATION

17         Section 19.  State appropriations limitation.--

18         (a)  Except as otherwise provided in this section,

19  state appropriations for any fiscal year shall be limited to

20  the state appropriations allowed for the prior fiscal year

21  plus an adjustment for growth. For the 2007-2008 fiscal year,

22  state appropriations allowed under this section shall be

23  limited to state appropriations for the prior fiscal year plus

24  an adjustment of growth. As used in this section, "growth"

25  means an amount equal to the average annual rate of growth in

26  Florida personal income over the most recent twenty quarters

27  times the state appropriations allowed under this section for

28  the prior fiscal year. Florida personal income shall be

29  determined by the legislature based on information available

30  from the United States Department of Commerce or its successor

31  

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    Florida Senate - 2006                          CS for SJR 1158
    593-2404-06




 1  on the first day of February prior to the beginning of the

 2  fiscal year.

 3         (b)  For purposes of calculating the limitation on

 4  state appropriations, "state appropriations" shall be

 5  determined by the legislature and shall include annual

 6  appropriations contained in the general appropriations act and

 7  substantive bills containing appropriations. However, "state

 8  appropriations" does not include appropriations to meet a

 9  state emergency declared by the governor; appropriations of

10  federal funds; or appropriations of the proceeds of, or

11  appropriations to retire, general obligation and revenue bonds

12  of the state.

13         (c)  The state appropriations allowed under this

14  section for any fiscal year may be increased by a three-fifths

15  vote of the membership of each house of the legislature in a

16  separate bill that contains no other subject and that sets

17  forth the dollar amount by which the state appropriations

18  allowed will be increased. The vote may not be taken less than

19  seventy-two hours after the second reading of the bill.

20         (d)  An adjustment to the limitation on state

21  appropriations shall be made by the legislature to reflect the

22  fiscal impact of transfers of responsibility for the funding

23  of governmental functions between the state and other levels

24  of government.

25         (e)  This section is self-executing, but the

26  legislature may provide for the implementation of this section

27  by general law.

28          BE IT FURTHER RESOLVED that the following statement be

29  placed on the ballot:

30                     CONSTITUTIONAL AMENDMENT

31                     ARTICLE VII, SECTION 19

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    Florida Senate - 2006                          CS for SJR 1158
    593-2404-06




 1         LIMITATION ON STATE APPROPRIATIONS.--Proposing an

 2  amendment to the State Constitution to limit state

 3  appropriations to the amount of appropriations allowed in the

 4  prior fiscal year plus an adjustment for growth which equals

 5  the average annual rate of growth in Florida personal income

 6  over the most recent 20 quarters times the state

 7  appropriations for the prior fiscal year, to provide certain

 8  exceptions to the limitation on state appropriations, and to

 9  authorize the Legislature to increase state appropriations by

10  a three-fifths vote of the membership of each house thereof in

11  a separate bill containing no other subject.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                             SB 1158

15                                 

16  The committee substitute for SB 1158:

17  1)   Proposes a constitutional amendment that limits state
         appropriations to appropriations allowed for the prior
18       fiscal year plus a growth adjustment. Bases the
         appropriations limit on the limit in the prior year,
19       rather than on the actual appropriations in the prior
         year.
20  
    2)   Uses an adjustment for growth based on the growth in
21       average annual Florida personal income, rather than the
         growth in median household income.
22  
    3)   Excludes appropriations to meet a state emergency
23       declared by the governor; and appropriations of the
         proceeds of, or appropriations to retire bonds of the
24       state, from the limitation on state appropriations.  The
         original bill only excluded federal funds.
25  
    4)   Provides that the state appropriations allowed under this
26       section for any fiscal year may be increased by a 3/5
         vote of the membership of each house of the legislature,
27       rather than the 3/4 vote originally required.

28  5)   Adds an adjustment to the limitation to reflect the
         fiscal impact of transfers of responsibility for the
29       funding of governmental functions between the state and
         other levels of government.
30  
    6)   Provides that the new section is self-executing, but that
31       the legislature may provide for the implementation by
         general law.
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