((LATE FILED FOR: 4/21/2008 2:00:00 PM))Amendment
Bill No. CS/HJR 7125
Amendment No. 039705
CHAMBER ACTION
Senate House
.
.
.






1Representative Seiler offered the following:
2
3     Amendment (with ballot and title amendments)
4     Remove line(s) 17-104 and insert:
5revenue limitation.--
6     (a)  No tax shall be levied except in pursuance of law. No
7state ad valorem taxes shall be levied upon real estate or
8tangible personal property. All other forms of taxation shall be
9preempted to the state except as provided by general law.
10     (b)  Motor vehicles, boats, airplanes, trailers, trailer
11coaches and mobile homes, as defined by law, shall be subject to
12a license tax for their operation in the amounts and for the
13purposes prescribed by law, but shall not be subject to ad
14valorem taxes.
15     (c)  No money shall be drawn from the treasury except in
16pursuance of appropriation made by law.
17     (d)  Provision shall be made by law for raising sufficient
18revenue to defray the expenses of the state for each fiscal
19period.
20     (e)  Except as provided herein, state revenues collected
21for any fiscal year shall be limited to state revenues allowed
22under this subsection for the prior fiscal year plus an
23adjustment for growth. As used in this subsection, "growth"
24means an amount equal to the average annual rate of growth in
25Florida personal income over the most recent twenty quarters
26times the state revenues allowed under this subsection for the
27prior fiscal year multiplied by the sum of one percentage point
28plus the combined average annual rate of change in population
29and in the Consumer Price Index as initially reported by the
30United States Department of Labor, or successor reports, over
31the most recent five years. For the 2009-2010 1995-1996 fiscal
32year, the state revenues allowed under this subsection for the
33prior fiscal year shall equal the state revenues collected in
34the 2007-2008 fiscal year plus an adjustment for growth for the
352008-2009 1994-1995 fiscal year. Florida personal income shall
36be determined by the legislature, from information available
37from the United States Department of Commerce or its successor
38on the first day of February prior to the beginning of the
39fiscal year. State revenues collected for any fiscal year in
40excess of this limitation shall be transferred to the budget
41stabilization fund until the fund reaches the maximum balance
42specified in Section 19(g) of Article III, or returned and
43thereafter shall be refunded to taxpayers as provided by general
44law. State revenues allowed under this subsection for any fiscal
45year may be increased by a two-thirds vote of the membership of
46each house of the legislature in a separate bill that contains
47no other subject and that sets forth the dollar amount by which
48the state revenues allowed will be increased. The vote may not
49be taken less than seventy-two hours after the third reading of
50the bill. For purposes of this subsection, "state revenues"
51means taxes, fees, licenses, fines, and charges for services
52imposed by the legislature on individuals, businesses, or
53agencies outside state government. However, "state revenues"
54does not include: revenues that are necessary to meet the
55requirements set forth in documents authorizing the issuance of
56bonds by the state prior to July 1, 2008; revenues that are used
57to provide matching funds for the federal Medicaid program with
58the exception of the revenues used to support the Public Medical
59Assistance Trust Fund or its successor program and with the
60exception of state matching funds used to fund elective
61expansions made after July 1, 1994; proceeds from the state
62lottery returned as prizes; receipts of the Florida Hurricane
63Catastrophe Fund and Citizens Property Insurance Corporation;
64receipts of public universities and community colleges; balances
65carried forward from prior fiscal years; taxes, licenses, fees,
66and charges for services imposed by local, regional, or school
67district governing bodies; or revenue from taxes, licenses,
68fees, and charges for services required to be imposed by any
69amendment or revision to this constitution after July 1, 1994.
70An adjustment to the revenue limitation shall be made by general
71law to reflect the fiscal impact of transfers of responsibility
72for the funding of governmental functions between the state and
73other levels of government. The legislature shall, by general
74law, prescribe procedures necessary to administer this
75subsection.
76
77
78====== B A L L O T  S T A T E M E N T  A M E N D M E N T =====
79     Remove line 109-119 and insert:
80     STATE REVENUE LIMITATIONS.--Proposing an amendment to the
81State Constitution to revise the state revenue limitation by
82providing that state revenue growth shall be limited to changes
83in population and inflation, plus one percentage point, and by
84changing the types of revenues that are subject to the
85limitation.
86
87
88
-----------------------------------------------------
89
T I T L E  A M E N D M E N T
90     Remove line(s) 4-5 and insert:
91revenue limitation.


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