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.