Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 760
Barcode 271688
LEGISLATIVE ACTION
Senate . House
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The Committee on Community Affairs (Richter) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 205.0315, Florida Statutes, is repealed.
6 Section 2. Section 205.0316, Florida Statutes, is created
7 to read:
8 205.0316 Local business tax phase out.—
9 (1) Notwithstanding any other provision of this chapter,
10 beginning October 1, 2012, local business tax rates levied
11 pursuant to this chapter may not be increased. Each county and
12 municipality levying a local business tax must reduce the local
13 business tax rate applicable to each business and occupational
14 classification as follows:
15 (a) For business tax receipts due after October 1, 2013,
16 and on or before September 30, 2014, to an amount no greater
17 than five-sixths of the rate in effect on September 30, 2012.
18 (b) For business tax receipts due on or before September
19 30, 2015, to an amount no greater than four-sixths of the rate
20 in effect on September 30, 2012.
21 (c) For business tax receipts due on or before September
22 30, 2016, to an amount no greater than three-sixths of the rate
23 in effect on September 30, 2012.
24 (d) For business tax receipts due on or before September
25 30, 2017, to an amount no greater than two-sixths of the rate in
26 effect on September 30, 2012.
27 (e) For business tax receipts due on or before September
28 30, 2018, to an amount no greater than one-sixth of the rate in
29 effect on September 30, 2012.
30 (f) For business tax receipts due on or before September
31 30, 2019, to zero.
32 (2) A county or municipality whose business tax receipts
33 during its 2012-2013 fiscal year comprise at least 25 percent of
34 the county or municipality’s total revenue derived from local
35 taxes levied by the county or municipality in that fiscal year
36 may opt out of subsection (1). However, a qualifying county or
37 municipality choosing this option may not increase its general
38 county millage, general municipal millage, or any dependent
39 special district millage in any fiscal year above the level in
40 effect for the 2012-2013 fiscal year, unless it ceases levying
41 all local business taxes authorized under this chapter in the
42 same fiscal year. Any qualifying county or municipality that
43 does not reduce its local business tax rates pursuant to
44 subsection (1), beginning with business tax receipts due on or
45 before September 30, 2014, will be deemed to have opted out of
46 subsection (1) and will instead be subject to this subsection.
47 The terms “general county millage,” “general municipal millage,”
48 and “dependent special district millage” have the same meanings
49 as described in s. 200.001(1).
50 Section 3. Notwithstanding revisions made to chapter 205,
51 Florida Statutes, by this act, counties or municipalities
52 imposing a local business tax as of March 9, 2012, pursuant to
53 chapter 205, Florida Statutes, may continue to levy such tax in
54 the same manner and with the same rates and classifications as
55 are in effect on March 9, 2012, to the extent necessary to meet
56 all obligations to, or for the benefit of, holders of bonds or
57 certificates that were issued before March 9, 2012, and for
58 which taxes levied pursuant to chapter 205, Florida Statutes,
59 are expressly identified and pledged as security, separate from
60 any other pledge of non-ad valorem revenues. Expenditures of
61 revenues from tax levies continued pursuant to this section are
62 limited to meeting obligations required by bonds or certificates
63 that were issued before March 9, 2012. Revenues collected in
64 excess of amounts necessary to meet obligations of bonds or
65 certificates must be refunded to taxpayers in proportion to the
66 amount of taxes paid by each taxpayer. A county or municipality
67 may not pledge revenues derived from local business taxes
68 imposed under chapter 205, Florida Statutes, as security for
69 bonds or certificates issued on or after March 9, 2012.
70 Section 4. This act shall take effect upon becoming a law.
71
72 ================= T I T L E A M E N D M E N T ================
73 And the title is amended as follows:
74 Delete everything before the enacting clause
75 and insert:
76 A bill to be entitled
77 An act relating to local business taxes; repealing s.
78 205.0315, F.S., relating to provisions authorizing
79 certain county or municipalities to adopt a business
80 tax ordinance; creating s. 205.0316, F.S.; requiring
81 the reduction of local business tax rates over time;
82 providing an optional exception; providing that
83 municipalities may continue to levy taxes repealed
84 under the act in order to meet all obligations to
85 holders of bonds or certificates; providing an
86 effective date.