Florida Senate - 2018 SJR 1742
By Senator Stargel
22-01244D-18 20181742__
1 Senate Joint Resolution
2 A joint resolution proposing the creation of Section
3 19 of Article VII of the State Constitution to require
4 a law that imposes a new tax, increases the rate or
5 amount of a tax, or expands a tax base, and that
6 results in a net increase in state revenues, to be
7 approved by three-fifths of the membership of each
8 house of the Legislature.
9
10 Be It Resolved by the Legislature of the State of Florida:
11
12 That the following creation of Section 19 of Article VII of
13 the State Constitution is agreed to and shall be submitted to
14 the electors of this state for approval or rejection at the next
15 general election or at an earlier special election specifically
16 authorized by law for that purpose:
17 ARTICLE VII
18 FINANCE AND TAXATION
19 SECTION 19. Supermajority vote required to increase state
20 tax revenues by increasing taxes.—
21 (a) A law that imposes a new tax, increases the rate or
22 amount of a tax, or expands a tax base, and that results in a
23 net increase in state revenues, must be approved by three-fifths
24 of the membership of each house of the legislature.
25 (b) As used in this section, the term:
26 (1) “Expands a tax base” means broadening the scope of a
27 tax to include additional classes of property, activity, or
28 income, but does not include the amendment or repeal of a credit
29 or exemption.
30 (2) “Net increase in state revenues” means the revenues
31 produced by the tax increases contained in the law, minus any
32 revenue reductions contained in the law. For purposes of this
33 paragraph, whether a law results in a net increase is determined
34 by the annual net revenues estimated to be collected in the
35 first state fiscal year when all the changes in the bill are
36 fully effective. For a law that both increases and reduces
37 revenues, a revenue increase of less than one percent (1%) of
38 the tax increases contained in the law is not considered a net
39 increase in state revenues.
40 (c) This section does not authorize the imposition of any
41 state tax otherwise prohibited by this constitution, and does
42 not apply to any tax imposed by, or authorized to be imposed by,
43 a county, municipality, school board, or special district.
44
45 BE IT FURTHER RESOLVED that the following statement be
46 placed on the ballot:
47 CONSTITUTIONAL AMENDMENT
48 ARTICLE VII, SECTION 19
49 SUPERMAJORITY VOTE REQUIRED TO INCREASE STATE TAX REVENUES
50 BY INCREASING TAXES.—Requires a law that imposes a new tax,
51 increases the rate or amount of a tax, or expands a tax base,
52 and that results in a net increase in state revenues, to be
53 approved by three-fifths of the membership of each house of the
54 Legislature. Defines the terms “expands a tax base” and “net
55 increase in state revenues.” This amendment does not apply to
56 county, municipality, school board, or special district taxes.