HB 0047CS


1The Finance & Tax Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to property taxes; amending s. 200.071,
7F.S.; authorizing counties to cap annual growth in ad
8valorem tax revenues by charter; providing requirements
9and limitations; providing an exception; prohibiting ad
10valorem tax levies by counties in excess of amounts
11specified in the county charter; prohibiting ad valorem
12tax levies by counties through municipal service taxing
13units in excess of amounts specified in the ordinance
14establishing the unit; providing an effective date.
16Be It Enacted by the Legislature of the State of Florida:
18     Section 1.  Subsections (1) and (3) of section 200.071,
19Florida Statutes, are amended to read:
20     200.071  Limitation of millage; counties.--
21     (1)(a)  Except as otherwise provided herein, no ad valorem
22tax millage shall be levied against real property and tangible
23personal property by counties in excess of 10 mills or the
24amount specified in the county charter, whichever is less, as
25provided in paragraph (b), except for voted levies.
26     (b)  A county may cap, through a provision in its charter,
27the annual growth in ad valorem tax revenues. Any such cap may
28not restrict the annual growth at a rate below the lesser of 3
29percent or the Consumer Price Index as provided in s.
30193.155(1)(b). Any such cap specified in a county charter must
31allow for the cap to be overcome by a finding of necessity due
32to emergency or critical need by a super-majority vote of the
33county commission. In applying the increase or growth cap, the
34county shall compute a millage rate which, exclusive of new
35construction, additions to structures, deletions, increases in
36the value of improvements that have undergone a substantial
37rehabilitation which increased the assessed value of such
38improvements by at least 100 percent, and property added due to
39geographic boundary changes, will provide the same ad valorem
40tax revenue for each taxing authority as was levied during the
41prior year. It is the rate that shall be subject to any cap in
42growth or increase in ad valorem revenues established by county
44     (3)  Any county which, through a municipal service taxing
45unit, provides services or facilities of the kind or type
46commonly provided by municipalities, may levy, in addition to
47the millages otherwise provided in this section, against real
48property and tangible personal property within each such
49municipal service taxing unit an ad valorem tax millage not in
50excess of 10 mills, or an amount specified in the ordinance
51establishing the municipal service taxing unit, if any,
52whichever is less, to pay for such services or facilities
53provided with the funds obtained through such levy within such
54municipal service taxing unit.
55     Section 2.  This act shall take effect January 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.