Florida Senate - 2016                                    SB 1222
       
       
        
       By Senator Flores
       
       37-00949-16                                           20161222__
    1                        A bill to be entitled                      
    2         An act relating to millage rates; amending s. 200.065,
    3         F.S.; revising a provision for the maximum millage
    4         rate levied by a county, municipality, special
    5         district dependent to a county or municipality,
    6         municipal service taxing unit, or independent special
    7         district; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (a) of subsection (5) of section
   12  200.065, Florida Statutes, is amended to read:
   13         200.065 Method of fixing millage.—
   14         (5) In each fiscal year:
   15         (a) The maximum millage rate that a county, municipality,
   16  special district dependent to a county or municipality,
   17  municipal service taxing unit, or independent special district
   18  may levy is a rolled-back rate based on the amount of taxes
   19  actually levied in the prior year which would have been levied
   20  in the prior year if the maximum millage rate had been applied,
   21  adjusted for change in per capita Florida personal income,
   22  unless a higher rate was adopted, in which case the maximum is
   23  the adopted rate. The maximum millage rate applicable to a
   24  county authorized to levy a county public hospital surtax under
   25  s. 212.055 and which did so in fiscal year 2007 shall exclude
   26  the revenues required to be contributed to the county public
   27  general hospital in the current fiscal year for the purposes of
   28  making the maximum millage rate calculation, but shall be added
   29  back to the maximum millage rate allowed after the roll back has
   30  been applied, the total of which shall be considered the maximum
   31  millage rate for such a county for purposes of this subsection.
   32  The revenue required to be contributed to the county public
   33  general hospital for the upcoming fiscal year shall be
   34  calculated as 11.873 percent times the millage rate levied for
   35  countywide purposes in fiscal year 2007 times 95 percent of the
   36  preliminary tax roll for the upcoming fiscal year. A higher rate
   37  may be adopted only under the following conditions:
   38         1. A rate of not more than 110 percent of the rolled-back
   39  rate based on the previous year’s maximum millage rate, adjusted
   40  for change in per capita Florida personal income, may be adopted
   41  if approved by a two-thirds vote of the membership of the
   42  governing body of the county, municipality, or independent
   43  district; or
   44         2. A rate in excess of 110 percent may be adopted if
   45  approved by a unanimous vote of the membership of the governing
   46  body of the county, municipality, or independent district or by
   47  a three-fourths vote of the membership of the governing body if
   48  the governing body has nine or more members, or if the rate is
   49  approved by a referendum.
   50  
   51  Any unit of government operating under a home rule charter
   52  adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State
   53  Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
   54  State Constitution of 1968, which is granted the authority in
   55  the State Constitution to exercise all the powers conferred now
   56  or hereafter by general law upon municipalities and which
   57  exercises such powers in the unincorporated area shall be
   58  recognized as a municipality under this subsection. For a
   59  downtown development authority established before the effective
   60  date of the 1968 State Constitution which has a millage that
   61  must be approved by a municipality, the governing body of that
   62  municipality shall be considered the governing body of the
   63  downtown development authority for purposes of this subsection.
   64         Section 2. This act shall take effect July 1, 2016.