Senate Bill sb0596
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SJR 596
By Senator Geller
31-262-06
1 Senate Joint Resolution
2 A joint resolution proposing an amendment, to
3 be entitled the Fiscal Responsibility Act, to
4 Section 1 of Article VII of the State
5 Constitution, relating to finance and taxation,
6 to require that any decrease in the rate of a
7 tax levied by the state be effected in a
8 separate bill enacted for that purpose only.
9
10 Be It Resolved by the Legislature of the State of Florida:
11
12 That the following amendment to Section 1 of Article
13 VII of the State Constitution is agreed to and shall be
14 submitted to the electors of this state for approval or
15 rejection at the next general election or at an earlier
16 special election specifically authorized by law for that
17 purpose:
18 ARTICLE VII
19 FINANCE AND TAXATION
20 SECTION 1. Taxation; appropriations; state expenses;
21 state revenue limitation; separate bill for decrease in tax
22 rate.--
23 (a) No tax shall be levied except in pursuance of law.
24 No state ad valorem taxes shall be levied upon real estate or
25 tangible personal property. All other forms of taxation shall
26 be preempted to the state except as provided by general law.
27 (b) Motor vehicles, boats, airplanes, trailers,
28 trailer coaches and mobile homes, as defined by law, shall be
29 subject to a license tax for their operation in the amounts
30 and for the purposes prescribed by law, but shall not be
31 subject to ad valorem taxes.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SJR 596
31-262-06
1 (c) No money shall be drawn from the treasury except
2 in pursuance of appropriation made by law.
3 (d) Provision shall be made by law for raising
4 sufficient revenue to defray the expenses of the state for
5 each fiscal period.
6 (e) Except as provided herein, state revenues
7 collected for any fiscal year shall be limited to state
8 revenues allowed under this subsection for the prior fiscal
9 year plus an adjustment for growth. As used in this
10 subsection, "growth" means an amount equal to the average
11 annual rate of growth in Florida personal income over the most
12 recent twenty quarters times the state revenues allowed under
13 this subsection for the prior fiscal year. For the 1995-1996
14 fiscal year, the state revenues allowed under this subsection
15 for the prior fiscal year shall equal the state revenues
16 collected for the 1994-1995 fiscal year. Florida personal
17 income shall be determined by the legislature, from
18 information available from the United States Department of
19 Commerce or its successor on the first day of February prior
20 to the beginning of the fiscal year. State revenues collected
21 for any fiscal year in excess of this limitation shall be
22 transferred to the budget stabilization fund until the fund
23 reaches the maximum balance specified in Section 19(g) of
24 Article III, and thereafter shall be refunded to taxpayers as
25 provided by general law. State revenues allowed under this
26 subsection for any fiscal year may be increased by a
27 two-thirds vote of the membership of each house of the
28 legislature in a separate bill that contains no other subject
29 and that sets forth the dollar amount by which the state
30 revenues allowed will be increased. The vote may not be taken
31 less than seventy-two hours after the third reading of the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SJR 596
31-262-06
1 bill. For purposes of this subsection, "state revenues" means
2 taxes, fees, licenses, and charges for services imposed by the
3 legislature on individuals, businesses, or agencies outside
4 state government. However, "state revenues" does not include:
5 revenues that are necessary to meet the requirements set forth
6 in documents authorizing the issuance of bonds by the state;
7 revenues that are used to provide matching funds for the
8 federal Medicaid program with the exception of the revenues
9 used to support the Public Medical Assistance Trust Fund or
10 its successor program and with the exception of state matching
11 funds used to fund elective expansions made after July 1,
12 1994; proceeds from the state lottery returned as prizes;
13 receipts of the Florida Hurricane Catastrophe Fund; balances
14 carried forward from prior fiscal years; taxes, licenses,
15 fees, and charges for services imposed by local, regional, or
16 school district governing bodies; or revenue from taxes,
17 licenses, fees, and charges for services required to be
18 imposed by any amendment or revision to this constitution
19 after July 1, 1994. An adjustment to the revenue limitation
20 shall be made by general law to reflect the fiscal impact of
21 transfers of responsibility for the funding of governmental
22 functions between the state and other levels of government.
23 The legislature shall, by general law, prescribe procedures
24 necessary to administer this subsection.
25 (f) The Fiscal Responsibility Act.--The rate of a tax
26 levied by the state may not be decreased except pursuant to a
27 law enacted by the legislature in a separate bill for that
28 purpose only.
29 BE IT FURTHER RESOLVED that the following statement be
30 placed on the ballot:
31 CONSTITUTIONAL AMENDMENT
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SJR 596
31-262-06
1 ARTICLE VII, SECTION 1
2 SEPARATE BILL REQUIRED FOR DECREASE IN TAX
3 RATE.--Proposing an amendment to the State Constitution to
4 require that any decrease in the rate of a tax levied by the
5 state be effected in a separate bill enacted for that purpose
6 only.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.