Senate Bill sb2056

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    Florida Senate - 2007                                  SB 2056

    By Senator Storms





    10-1805-07

  1                      A bill to be entitled

  2         An act relating to local government revenue

  3         sharing; amending s. 218.23, F.S.; providing an

  4         additional condition that limits non-ad valorem

  5         tax revenues and that local governments must

  6         comply with in order to be eligible to

  7         participate in revenue sharing; providing an

  8         effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Subsection (1) of section 218.23, Florida

13  Statutes, is amended to read:

14         218.23  Revenue sharing with units of local

15  government.--

16         (1)  To be eligible to participate in revenue sharing

17  beyond the minimum entitlement in any fiscal year, a unit of

18  local government must is required to have:

19         (a)  Reported its finances for its most recently

20  completed fiscal year to the Department of Financial Services,

21  under pursuant to s. 218.32.

22         (b)  Made provisions for annual postaudits of its

23  financial accounts in accordance with provisions of law.

24         (c)  Levied, as shown on its most recent financial

25  report submitted to the department pursuant to s. 218.32, ad

26  valorem taxes, exclusive of taxes levied for debt service or

27  other special millages authorized by the voters, to produce

28  the revenue equivalent to a millage rate of 3 mills on the

29  dollar based on the 1973 taxable values as certified by the

30  property appraiser under pursuant to s. 193.122(2) or, in

31  order to produce revenue equivalent to that which would

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    Florida Senate - 2007                                  SB 2056
    10-1805-07




 1  otherwise be produced by a such 3-mill ad valorem tax, to have

 2  received a remittance from the county pursuant to s.

 3  125.01(6)(a), collected an occupational license tax or a

 4  utility tax, levied an ad valorem tax, or received revenue

 5  from any combination of these four sources.  If a new

 6  municipality is incorporated, the provisions of this paragraph

 7  shall apply to the taxable values for the year of

 8  incorporation as certified by the property appraiser. This

 9  paragraph requires only a minimum amount of revenue to be

10  raised from the ad valorem tax, the occupational license tax,

11  and the utility tax.  It does not require a minimum millage

12  rate.

13         (d)  Certified that persons in its employ as law

14  enforcement officers, as defined in s. 943.10(1), meet the

15  qualifications for employment as established by the Criminal

16  Justice Standards and Training Commission; that its salary

17  structure and salary plans meet the provisions of chapter 943;

18  and that no law enforcement officer is compensated for his or

19  her services at an annual salary rate of less than $6,000.

20  However, the department may waive the minimum law enforcement

21  officer salary requirement if a city or county certifies that

22  it is levying ad valorem taxes at 10 mills.

23         (e)  Certified that persons in its employ as

24  firefighters, as defined in s. 633.30(1), meet the

25  qualification for employment as established by the Division of

26  State Fire Marshal pursuant to the provisions of ss. 633.34

27  and 633.35 and that the provisions of s. 633.382 have been

28  met.

29         (f)  Certified that each dependent special district

30  that is budgeted separately from the general budget of the

31  local governing authority has met the provisions for annual

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    Florida Senate - 2007                                  SB 2056
    10-1805-07




 1  postaudit of its financial accounts in accordance with the

 2  provisions of law.

 3         (g)  Limited the increase in revenue from taxes other

 4  than ad valorem taxes to an amount equal to the change in the

 5  Implicit Price Deflators for Gross Domestic Product, State and

 6  Local Government Consumption Expenditures and Gross

 7  Investment, as reported by the Bureau of Economic Analysis of

 8  the United States Department of Commerce or successor reports

 9  for the preceding calendar year, as published by the

10  department, multiplied by one plus the estimated percentage

11  change in population within the jurisdiction of the unit of

12  local government for the preceding calendar year, unless a

13  greater increase is approved by a super majority of the

14  governing body of the jurisdiction. This limitation does not

15  apply to tax levies approved by the voters of the

16  jurisdiction.

17  

18  Additionally, To receive its share of revenue sharing funds, a

19  unit of local government shall certify to the Department of

20  Revenue that the requirements of s. 200.065, if applicable,

21  were met.  The certification shall be made annually within 30

22  days after of adoption of an ordinance or resolution

23  establishing a final property tax levy or, if no property tax

24  is levied, not later than November 1.  The portion of revenue

25  sharing funds which, pursuant to this part, would otherwise be

26  distributed to a unit of local government that which has not

27  certified compliance or has otherwise failed to meet the

28  requirements of s. 200.065 shall be deposited in the General

29  Revenue Fund for the 12 months following a determination of

30  noncompliance by the department.

31         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                  SB 2056
    10-1805-07




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 2                          SENATE SUMMARY

 3    Provides an additional condition that limits non-ad
      valorem tax revenues and that local governments must
 4    comply with to be eligible to participate in revenue
      sharing.
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