Florida Senate - 2010                            CS for SJR 2420
       
       
       
       By the Committee on Community Affairs; and Senator Haridopolos
       
       
       
       
       578-03533-10                                          20102420c1
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 1
    3         and the creation of a new section in Article VII of
    4         the State Constitution to limit state revenues and
    5         require voter approval of new taxes and fees.
    6  
    7  Be It Resolved by the Legislature of the State of Florida:
    8  
    9         That the following amendment to Section 1 and the creation
   10  of a new section in Article VII of the State Constitution are
   11  agreed to and shall be submitted to the electors of this state
   12  for approval or rejection at the next general election or at an
   13  earlier special election specifically authorized by law for that
   14  purpose:
   15                             ARTICLE VII                           
   16                        FINANCE AND TAXATION                       
   17         SECTION 1. Taxation; appropriations; state expenses; state
   18  revenue limitation.—
   19         (a) No tax shall be levied except in pursuance of law. No
   20  state ad valorem taxes shall be levied upon real estate or
   21  tangible personal property. All other forms of taxation shall be
   22  preempted to the state except as provided by general law.
   23         (b) Motor vehicles, boats, airplanes, trailers, trailer
   24  coaches and mobile homes, as defined by law, shall be subject to
   25  a license tax for their operation in the amounts and for the
   26  purposes prescribed by law, but shall not be subject to ad
   27  valorem taxes.
   28         (c) No money shall be drawn from the treasury except in
   29  pursuance of appropriation made by law.
   30         (d) Provision shall be made by law for raising sufficient
   31  revenue to defray the expenses of the state for each fiscal
   32  period.
   33         (e)Except as provided herein, state revenues collected for
   34  any fiscal year shall be limited to state revenues allowed under
   35  this subsection for the prior fiscal year plus an adjustment for
   36  growth. As used in this subsection, “growth” means an amount
   37  equal to the average annual rate of growth in Florida personal
   38  income over the most recent twenty quarters times the state
   39  revenues allowed under this subsection for the prior fiscal
   40  year. For the 1995-1996 fiscal year, the state revenues allowed
   41  under this subsection for the prior fiscal year shall equal the
   42  state revenues collected for the 1994-1995 fiscal year. Florida
   43  personal income shall be determined by the legislature, from
   44  information available from the United States Department of
   45  Commerce or its successor on the first day of February prior to
   46  the beginning of the fiscal year. State revenues collected for
   47  any fiscal year in excess of this limitation shall be
   48  transferred to the budget stabilization fund until the fund
   49  reaches the maximum balance specified in Section 19(g) of
   50  Article III, and thereafter shall be refunded to taxpayers as
   51  provided by general law. State revenues allowed under this
   52  subsection for any fiscal year may be increased by a two-thirds
   53  vote of the membership of each house of the legislature in a
   54  separate bill that contains no other subject and that sets forth
   55  the dollar amount by which the state revenues allowed will be
   56  increased. The vote may not be taken less than seventy-two hours
   57  after the third reading of the bill. For purposes of this
   58  subsection, “state revenues” means taxes, fees, licenses, and
   59  charges for services imposed by the legislature on individuals,
   60  businesses, or agencies outside state government. However,
   61  “state revenues” does not include: revenues that are necessary
   62  to meet the requirements set forth in documents authorizing the
   63  issuance of bonds by the state; revenues that are used to
   64  provide matching funds for the federal Medicaid program with the
   65  exception of the revenues used to support the Public Medical
   66  Assistance Trust Fund or its successor program and with the
   67  exception of state matching funds used to fund elective
   68  expansions made after July 1, 1994; proceeds from the state
   69  lottery returned as prizes; receipts of the Florida Hurricane
   70  Catastrophe Fund; balances carried forward from prior fiscal
   71  years; taxes, licenses, fees, and charges for services imposed
   72  by local, regional, or school district governing bodies; or
   73  revenue from taxes, licenses, fees, and charges for services
   74  required to be imposed by any amendment or revision to this
   75  constitution after July 1, 1994. An adjustment to the revenue
   76  limitation shall be made by general law to reflect the fiscal
   77  impact of transfers of responsibility for the funding of
   78  governmental functions between the state and other levels of
   79  government. The legislature shall, by general law, prescribe
   80  procedures necessary to administer this subsection.
   81         State revenue limit.—
   82         (a)DEFINITIONS.As used in this section, the term:
   83         (1)“Fiscal year” means the applicable fiscal year of the
   84  state.
   85         (2)“Growth” means an amount equal to revenues collected in
   86  the 2010-2011 fiscal year multiplied for each subsequent fiscal
   87  year by the combined rate of inflation and rate of population
   88  change.
   89         (3)“Rate of inflation” means the percentage change in the
   90  Consumer Price Index for all urban wage earners and clerical
   91  workers for the south region, or a successor index, for the
   92  preceding calendar year as calculated by the United States
   93  Department of Labor, Bureau of Labor Statistics. The stated
   94  percentages shall be established annually in the manner
   95  prescribed by general law, and shall be based on a comparison of
   96  the average of the Consumer Price Index during the most recent
   97  two consecutive calendar years.
   98         (4)“Rate of population change” means the percentage change
   99  in the population of the state as estimated by the United States
  100  Census Bureau. The stated percentage shall be established
  101  annually in the manner prescribed by general law, and shall be
  102  based on a comparison of the average of the Census Bureau
  103  estimates for the most recent two consecutive calendar years.
  104         (5)“State revenues” means revenues to the General Revenue
  105  Fund from taxes, fees, assessments, licenses, fines, and charges
  106  for services imposed by the legislature or executive branch
  107  agencies on individuals, businesses, or agencies outside state
  108  government. However, the term does not include: proceeds from
  109  the issuance of bonds, proceeds from the state lottery returned
  110  as prizes, receipts of the Florida Hurricane Catastrophe Fund
  111  and Citizens Property Insurance Corporation or their successor
  112  entities, tuition and fees charged to students by public
  113  universities and community colleges, gifts, federal funds,
  114  collections for another government, pension contributions by
  115  employees and pension fund earnings, budget stabilization fund
  116  transfers, damage awards, and property sales.
  117         (b)STATE REVENUE LIMIT.Except as provided in this
  118  section, state revenues for any fiscal year shall be limited to
  119  revenues collected in the 2010-2011 fiscal year plus an annual
  120  adjustment for growth.
  121         (c)REVENUE RELATING TO BONDS.State revenues do not
  122  include the proceeds from the issuance of bonds. However, the
  123  debt service on bonds shall decrease the revenue limit by the
  124  amount of the annual debt service.
  125         (d)LEGISLATIVE OVERRIDE OF REVENUE LIMITS.The state may
  126  not impose taxes, fees, licenses, fines, or charges for services
  127  expected to exceed the revenue limit, as projected by the state
  128  at the adoption of the General Appropriations Act.
  129         (1)State revenue collected in any fiscal year in excess of
  130  the revenue limit shall be transferred to the budget
  131  stabilization fund specified in Section 19(g) of Article III
  132  until the fund reaches the maximum amount specified in that
  133  section. Additional excess revenue shall be held in a separate
  134  cash reserve, with such excess revenue and any investment income
  135  thereon treated as revenue in the first or second fiscal year
  136  after the collection of those revenues, as prescribed by general
  137  law. Funds from the budget stabilization fund may not be
  138  expended except pursuant to a declaration of emergency by the
  139  Governor and a two-thirds vote of the membership of each house
  140  of the legislature.
  141         (2) When the budget stabilization fund is fully funded,
  142  revenue collected in excess of the revenue limit may not be
  143  spent unless authorized by a two-thirds vote of the membership
  144  of each house of the legislature or the funds are used to
  145  provide tax relief or to reduce the ad valorem taxes that must
  146  be levied by a school district to become eligible for state
  147  funding.
  148         (e)EMERGENCY TAXES.
  149         (1)Emergency taxes may be assessed under conditions set
  150  forth in this subsection. Emergency tax revenue shall be spent
  151  only after emergency reserves are depleted. Revenues from
  152  emergency taxes shall be refunded within 180 days after the
  153  emergency terminates if the revenues were not spent on the
  154  emergency. This subsection does not grant any new taxing powers
  155  and prohibits emergency property taxes.
  156         (2)Emergency taxes may not be levied unless the Governor
  157  declares a state of emergency and the taxes are approved by a
  158  two-thirds vote of the membership of each house of the
  159  legislature. The vote of each member of the legislature must be
  160  recorded.
  161         (3)As used in this subsection, the term “emergency” does
  162  not include economic conditions, revenue shortfalls, or salary
  163  and fringe benefit increases.
  164         (f)BALLOT ISSUE TO EXCEED A REVENUE LIMIT.A ballot issue
  165  for authorization to exceed the revenue limit must state the
  166  amount by which the state proposes to exceed the limit in each
  167  fiscal year. The ballot issue must also state the date on which
  168  the authority to exceed a revenue limit expires. Such date must
  169  be the last day of the fiscal year.
  170         (g)REVENUE LIMIT ADJUSTMENT.The legislature may provide
  171  by general law for adjustments to the revenue limit to reflect
  172  the fiscal impact of the following events occurring after
  173  January 4, 2011:
  174         (1)A change in federal or state law which increases or
  175  decreases state or local government responsibility for the
  176  funding of governmental functions; or
  177         (2)A transfer of the responsibility to fund a government
  178  function to the state or a local government.
  179         (h)VOTER APPROVAL OF NEW REVENUE SOURCES.The state must
  180  receive advance approval by a two-thirds vote of the electors
  181  voting on a measure to:
  182         (1)Impose a new tax, fee, assessment, or charge for
  183  services; or
  184         (2)Incur multiple-year direct or indirect debt or other
  185  financial obligations without having adequate present cash
  186  reserves pledged irrevocably and held for payments in all future
  187  fiscal years, except to refinance bonded debt at a lower
  188  interest rate or to add new employees to a pension plan.
  189         (i)CONSTRUCTION.This section shall be interpreted in a
  190  manner that reasonably restrains most state revenue growth. This
  191  section supersedes any conflicting provisions of the State
  192  Constitution in effect prior to the effective date of this
  193  section.
  194         (j)EFFECTIVE DATE.This section shall take effect upon
  195  approval by the electors. During the 2011 regular session of the
  196  legislature, the legislature shall adopt implementing
  197  legislation having an effective date of July 1, 2011.
  198         BE IT FURTHER RESOLVED that the following statement be
  199  placed on the ballot:
  200                      CONSTITUTIONAL AMENDMENT                     
  201                       ARTICLE VII, SECTION 1                      
  202                             ARTICLE VII                           
  203         LIMITING STATE REVENUES, VOTER APPROVAL OF NEW TAXES AND
  204  FEES.—This proposed amendment to the State Constitution replaces
  205  the existing state revenue limit based on Florida personal
  206  income growth with a limit on revenues to the State General
  207  Revenue Fund based on inflation and population changes. Revenues
  208  collected in excess of the revenue limit must be deposited in
  209  the budget stabilization fund and used to provide tax relief.
  210         However, the amendment permits voters to authorize the
  211  collection of revenues in excess of the revenue limit. The
  212  amendment also permits the Legislature to approve taxes by a
  213  super majority vote for certain emergencies.
  214         Lastly, this amendment prohibits the state from the
  215  following without first obtaining approval by a super majority
  216  vote of the electors:
  217         (1) Imposing new taxes, fees, assessments, or charges for
  218  services; or
  219         (2) Incurring multiyear debts or financial obligations
  220  without adequate cash reserves.