HB 7249

1
A bill to be entitled
2An act relating to property tax administration; amending
3s. 218.63, F.S.; prohibiting certain local governments
4from participating in the local government half-cent sales
5tax under certain circumstances; providing a methodology
6for calculating a maximum millage rate for such local
7governments under certain circumstances; amending s.
8200.065, F.S.; requiring a certification form to contain
9certain millage rate computation instructions relating to
10loss of eligibility to participate in the local government
11half-cent sales tax; specifying a required vote to adopt a
12certain millage rate; requiring the Department of Revenue
13to employ the Usability Center at Florida State University
14for certain property tax and non-ad valorem assessment
15notice study purposes; providing study requirements;
16specifying notice requirements; requiring a report to the
17Governor and Legislature; providing an appropriation;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (3) is added to section 218.63,
23Florida Statutes, to read:
24     218.63  Participation requirements.--
25     (3)(a)  If a unit of local government levies in any year a
26millage rate, not including any millage levied pursuant to a
27referendum held in that year, in excess of the maximum millage
28rate as calculated in paragraph (b), that unit of local
29government may not participate in the local government half-cent
30sales tax during the next state fiscal year.
31     (b)  The maximum millage rate under paragraph (a) shall be
32calculated as the rolled-back rate as defined in s. 200.065,
33adjusted by the sum of the percentage change in the Consumer
34Price Index for all urban consumers, U.S. City Average, all
35items 1967=100, or successor reports for the preceding calendar
36year as initially reported by the United States Department of
37Labor, Bureau of Labor Statistics, plus 3 percentage points.
38     Section 2.  Subsection (1) and paragraph (e) of subsection
39(2) of section 200.065, Florida Statutes, are amended to read:
40     200.065  Method of fixing millage.--
41     (1)  Upon completion of the assessment of all property
42pursuant to s. 193.023, the property appraiser shall certify to
43each taxing authority the taxable value within the jurisdiction
44of the taxing authority. This certification shall include a copy
45of the statement required to be submitted under s. 195.073(3),
46as applicable to that taxing authority. The form on which the
47certification is made shall include instructions to each taxing
48authority describing the proper method of computing a millage
49rate which, exclusive of new construction, additions to
50structures, deletions, increases in the value of improvements
51that have undergone a substantial rehabilitation which increased
52the assessed value of such improvements by at least 100 percent,
53and property added due to geographic boundary changes, will
54provide the same ad valorem tax revenue for each taxing
55authority as was levied during the prior year. That millage rate
56shall be known as the "rolled-back rate." The form must also
57include instructions to each taxing authority describing the
58proper method of computing a millage rate that would result in a
59loss of eligibility to participate in the local government half-
60cent sales tax under s. 218.63, if applicable. The information
61provided pursuant to this subsection shall also be sent to the
62tax collector by the property appraiser at the time it is sent
63to each taxing authority.
64     (2)  No millage shall be levied until a resolution or
65ordinance has been approved by the governing board of the taxing
66authority which resolution or ordinance must be approved by the
67taxing authority according to the following procedure:
68     (e)1.  In the hearings required pursuant to paragraphs (c)
69and (d), the first substantive issue discussed shall be the
70percentage increase in millage over the rolled-back rate
71necessary to fund the budget, if any, and the specific purposes
72for which ad valorem tax revenues are being increased. During
73such discussion, the governing body shall hear comments
74regarding the proposed increase and explain the reasons for the
75proposed increase over the rolled-back rate. The general public
76shall be allowed to speak and to ask questions prior to adoption
77of any measures by the governing body. The governing body shall
78adopt its tentative or final millage rate prior to adopting its
79tentative or final budget. A majority plus one vote of the
80governing body shall be required to adopt a tentative or final
81millage rate in excess of the maximum millage rate set forth in
82s. 218.63(3)(b).
83     2.  These hearings shall be held after 5 p.m. if scheduled
84on a day other than Saturday. No hearing shall be held on a
85Sunday. The county commission shall not schedule its hearings on
86days scheduled for hearings by the school board. The hearing
87dates scheduled by the county commission and school board shall
88not be utilized by any other taxing authority within the county
89for its public hearings. A multicounty taxing authority shall
90make every reasonable effort to avoid scheduling hearings on
91days utilized by the counties or school districts within its
92jurisdiction. Tax levies and budgets for dependent special
93taxing districts shall be adopted at the hearings for the taxing
94authority to which such districts are dependent, following such
95discussion and adoption of levies and budgets for the superior
96taxing authority. A taxing authority may adopt the tax levies
97for all of its dependent special taxing districts, and may adopt
98the budgets for all of its dependent special taxing districts,
99by a single unanimous vote. However, if a member of the general
100public requests that the tax levy or budget of a dependent
101special taxing district be separately discussed and separately
102adopted, the taxing authority shall discuss and adopt that tax
103levy or budget separately. If, due to circumstances beyond the
104control of the taxing authority, the hearing provided for in
105paragraph (d) is recessed, the taxing authority shall publish a
106notice in a newspaper of general paid circulation in the county.
107The notice shall state the time and place for the continuation
108of the hearing and shall be published at least 2 days but not
109more than 5 days prior to the date the hearing will be
110continued.
111     Section 3.  The Department of Revenue shall hire the
112Usability Center at Florida State University to perform a
113usability study of the notice of proposed property taxes and
114non-ad valorem assessments created under s. 200.069, Florida
115Statutes. The study shall measure how effectively the current
116notice conveys the information the notice is intended to convey
117and, if the notice is judged ineffective, propose an alternative
118method of conveying the information. The study shall be
119completed, and copies of the final results shall be presented to
120the Governor, the Speaker of the House of Representatives, and
121the President of the Senate, by December 15, 2006. For the
122purpose of this study, the list of information intended to be
123conveyed by the notice shall include, but not be limited to:
124     (1)  The just value of the subject property and how that
125value has changed from the previous year.
126     (2)  The taxable value of the subject property and how that
127value has changed from the previous year.
128     (3)  An accounting for the differences, such as exemptions,
129between the just value and the taxable value.
130     (4)  The identities of all taxing authorities that will be
131levying taxes against the subject property.
132     (5)  A measure of how much changes in the taxing
133authorities' budgets are responsible for changing the taxes due
134on the property.
135     (6)  Information on where and when the property owner may
136provide input on such budget changes.
137     (7)  Information as to how a property owner may challenge
138the assessment of the owner's property.
139     (8)  Information regarding tax deferral, estimated tax
140prepayment, and other programs intended to assist taxpayers.
141     (9)  Any other information that the usability study finds
142would assist taxpayers in better understanding the property tax
143system and how the system affects their tax liability.
144     Section 4.  The sum of $50,000 is appropriated from the
145General Revenue Fund to the Department of Revenue for the
146purpose of funding the usability study required under section 3.
147     Section 5.  This act shall take effect upon becoming a law.


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