Senate Bill sb2584

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    Florida Senate - 2007                                 SJR 2584

    By Senator Haridopolos





    26-1766-07                                             See HJR

  1                     Senate Joint Resolution

  2         A joint resolution proposing amendments to

  3         Sections 1 and 9 of Article VII of the State

  4         Constitution to provide for super majority

  5         votes to increase any state or local tax.

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

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  9         That the following amendments to Sections 1 and 9 of

10  Article VII of the State Constitution are agreed to and shall

11  be 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 1.  Taxation; appropriations; state expenses;

18  state revenue limitation.--

19         (a)  No tax shall be levied except in pursuance of law.

20  No state ad valorem taxes shall be levied upon real estate or

21  tangible personal property. All other forms of taxation shall

22  be preempted to the state except as provided by general law.

23         (b)  Motor vehicles, boats, airplanes, trailers,

24  trailer coaches and mobile homes, as defined by law, shall be

25  subject to a license tax for their operation in the amounts

26  and for the purposes prescribed by law, but shall not be

27  subject to ad valorem taxes.

28         (c)  No money shall be drawn from the treasury except

29  in pursuance of appropriation made by law.

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    Florida Senate - 2007                                 SJR 2584
    26-1766-07                                             See HJR




 1         (d)  Provision shall be made by law for raising

 2  sufficient revenue to defray the expenses of the state for

 3  each fiscal period.

 4         (e)  Except as provided herein, state revenues

 5  collected for any fiscal year shall be limited to state

 6  revenues allowed under this subsection for the prior fiscal

 7  year plus an adjustment for growth. As used in this

 8  subsection, "growth" means an amount equal to the average

 9  annual rate of growth in Florida personal income over the most

10  recent twenty quarters times the state revenues allowed under

11  this subsection for the prior fiscal year. For the 1995-1996

12  fiscal year, the state revenues allowed under this subsection

13  for the prior fiscal year shall equal the state revenues

14  collected for the 1994-1995 fiscal year. Florida personal

15  income shall be determined by the legislature, from

16  information available from the United States Department of

17  Commerce or its successor on the first day of February prior

18  to the beginning of the fiscal year. State revenues collected

19  for any fiscal year in excess of this limitation shall be

20  transferred to the budget stabilization fund until the fund

21  reaches the maximum balance specified in Section 19(g) of

22  Article III, and thereafter shall be refunded to taxpayers as

23  provided by general law. State revenues allowed under this

24  subsection for any fiscal year may be increased by a

25  two-thirds vote of the membership of each house of the

26  legislature in a separate bill that contains no other subject

27  and that sets forth the dollar amount by which the state

28  revenues allowed will be increased. The vote may not be taken

29  less than seventy-two hours after the third reading of the

30  bill. For purposes of this subsection, "state revenues" means

31  taxes, fees, licenses, and charges for services imposed by the

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    Florida Senate - 2007                                 SJR 2584
    26-1766-07                                             See HJR




 1  legislature on individuals, businesses, or agencies outside

 2  state government. However, "state revenues" does not include:

 3  revenues that are necessary to meet the requirements set forth

 4  in documents authorizing the issuance of bonds by the state;

 5  revenues that are used to provide matching funds for the

 6  federal Medicaid program with the exception of the revenues

 7  used to support the Public Medical Assistance Trust Fund or

 8  its successor program and with the exception of state matching

 9  funds used to fund elective expansions made after July 1,

10  1994; proceeds from the state lottery returned as prizes;

11  receipts of the Florida Hurricane Catastrophe Fund; balances

12  carried forward from prior fiscal years; taxes, licenses,

13  fees, and charges for services imposed by local, regional, or

14  school district governing bodies; or revenue from taxes,

15  licenses, fees, and charges for services required to be

16  imposed by any amendment or revision to this constitution

17  after July 1, 1994. An adjustment to the revenue limitation

18  shall be made by general law to reflect the fiscal impact of

19  transfers of responsibility for the funding of governmental

20  functions between the state and other levels of government.

21  The legislature shall, by general law, prescribe procedures

22  necessary to administer this subsection.

23         (f)  Any law proposed by the legislature increasing the

24  rate of any state tax or authorizing an increase in the rate

25  of any local tax shall not take effect unless adopted by a

26  super majority (a majority plus one) vote of the members of

27  each house of the legislature.

28         SECTION 9.  Local taxes.--

29         (a)  Counties, school districts, and municipalities

30  shall, and special districts may, be authorized by law to levy

31  ad valorem taxes and may be authorized by general law to levy

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    Florida Senate - 2007                                 SJR 2584
    26-1766-07                                             See HJR




 1  other taxes, for their respective purposes, except ad valorem

 2  taxes on intangible personal property and taxes prohibited by

 3  this constitution. Any ordinance or resolution of a local

 4  government increasing the rate of any tax authorized by law or

 5  this constitution may not take effect unless adopted by a

 6  super majority (a majority plus one) vote of the governing

 7  body of the local government.

 8         (b)  Ad valorem taxes, exclusive of taxes levied for

 9  the payment of bonds and taxes levied for periods not longer

10  than two years when authorized by vote of the electors who are

11  the owners of freeholds therein not wholly exempt from

12  taxation, shall not be levied in excess of the following

13  millages upon the assessed value of real estate and tangible

14  personal property: for all county purposes, ten mills; for all

15  municipal purposes, ten mills; for all school purposes, ten

16  mills; for water management purposes for the northwest portion

17  of the state lying west of the line between ranges two and

18  three east, 0.05 mill; for water management purposes for the

19  remaining portions of the state, 1.0 mill; and for all other

20  special districts a millage authorized by law approved by vote

21  of the electors who are owners of freeholds therein not wholly

22  exempt from taxation. A county furnishing municipal services

23  may, to the extent authorized by law, levy additional taxes

24  within the limits fixed for municipal purposes.

25         BE IT FURTHER RESOLVED that the following statement be

26  placed on the ballot:

27                     CONSTITUTIONAL AMENDMENT

28                  ARTICLE VII, SECTIONS 1 AND 9

29         SUPERMAJORITY VOTE FOR TAX INCREASES.--Proposing an

30  amendment to the State Constitution to require a supermajority

31  

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    Florida Senate - 2007                                 SJR 2584
    26-1766-07                                             See HJR




 1  (a majority plus one) vote of the Legislature or local

 2  governing body to increase the rate of any state or local tax.

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