| 1 | The Finance & Tax Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to property taxes; amending s. 200.071, |
| 7 | F.S.; authorizing counties to cap annual growth in ad |
| 8 | valorem tax revenues by charter; providing requirements |
| 9 | and limitations; providing an exception; prohibiting ad |
| 10 | valorem tax levies by counties in excess of amounts |
| 11 | specified in the county charter; prohibiting ad valorem |
| 12 | tax levies by counties through municipal service taxing |
| 13 | units in excess of amounts specified in the ordinance |
| 14 | establishing the unit; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsections (1) and (3) of section 200.071, |
| 19 | Florida Statutes, are amended to read: |
| 20 | 200.071 Limitation of millage; counties.-- |
| 21 | (1)(a) Except as otherwise provided herein, no ad valorem |
| 22 | tax millage shall be levied against real property and tangible |
| 23 | personal property by counties in excess of 10 mills or the |
| 24 | amount specified in the county charter, whichever is less, as |
| 25 | provided in paragraph (b), except for voted levies. |
| 26 | (b) A county may cap, through a provision in its charter, |
| 27 | the annual growth in ad valorem tax revenues. Any such cap may |
| 28 | not restrict the annual growth at a rate below the lesser of 3 |
| 29 | percent or the percentage change in the Consumer Price Index as |
| 30 | provided in s. 193.155(1)(b). Any such cap specified in a county |
| 31 | charter must allow for the cap to be overcome by a finding of |
| 32 | necessity due to emergency or critical need by a super-majority |
| 33 | vote of the county commission. In applying the increase or |
| 34 | growth cap, the county shall compute a millage rate which, |
| 35 | exclusive of new construction, additions to structures, |
| 36 | deletions, increases in the value of improvements that have |
| 37 | undergone a substantial rehabilitation which increased the |
| 38 | assessed value of such improvements by at least 100 percent, and |
| 39 | property added due to geographic boundary changes, will provide |
| 40 | the same ad valorem tax revenue for each taxing authority as was |
| 41 | levied during the prior year. It is the rate that shall be |
| 42 | subject to any cap in growth or increase in ad valorem revenues |
| 43 | established by county charter. |
| 44 | (3) Any county which, through a municipal service taxing |
| 45 | unit, provides services or facilities of the kind or type |
| 46 | commonly provided by municipalities, may levy, in addition to |
| 47 | the millages otherwise provided in this section, against real |
| 48 | property and tangible personal property within each such |
| 49 | municipal service taxing unit an ad valorem tax millage not in |
| 50 | excess of 10 mills, or an amount specified in the ordinance |
| 51 | establishing the municipal service taxing unit, if any, |
| 52 | whichever is less, to pay for such services or facilities |
| 53 | provided with the funds obtained through such levy within such |
| 54 | municipal service taxing unit. |
| 55 | Section 2. This act shall take effect January 1, 2007. |