1 | A bill to be entitled |
2 | An act relating to ad valorem tax millage; amending s. |
3 | 200.065, F.S.; specifying a form for advertisements of |
4 | proposed tax increases in excess of a millage limitation; |
5 | creating s. 200.192, F.S.; providing ad valorem tax |
6 | millage limitations; providing exemptions for certain |
7 | taxing authorities; providing for nonapplication to ad |
8 | valorem taxes levied by certain counties, districts, and |
9 | municipalities; providing for increasing the millage |
10 | limitation for certain counties for certain purposes; |
11 | providing for determining the millage rate limitation; |
12 | providing for exceeding the limitations under certain |
13 | circumstances; prohibiting certain counties or |
14 | municipalities from participating in certain revenue |
15 | sharing and local government half-cent sales tax |
16 | distributions under certain circumstances; specifying a |
17 | methodology for calculating a rolled-back rate for certain |
18 | counties or municipalities; requiring forms of property |
19 | appraisers to contain certain millage calculation |
20 | instructions; providing for nonapplication to the millage |
21 | of certain ad valorem tax levies; amending s. 373.536, |
22 | F.S.; correcting cross-references; providing for |
23 | preemption, control, and supersession of provisions of |
24 | general or special law in conflict with provisions of the |
25 | act; providing an effective date. |
26 |
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27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
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29 | Section 1. Subsection (3) of section 200.065, Florida |
30 | Statutes, is amended to read: |
31 | 200.065 Method of fixing millage.-- |
32 | (3) The advertisement shall be no less than one-quarter |
33 | page in size of a standard size or a tabloid size newspaper, and |
34 | the headline in the advertisement shall be in a type no smaller |
35 | than 18 point. The advertisement shall not be placed in that |
36 | portion of the newspaper where legal notices and classified |
37 | advertisements appear. The advertisement shall be published in a |
38 | newspaper of general paid circulation in the county or in a |
39 | geographically limited insert of such newspaper. The geographic |
40 | boundaries in which such insert is circulated shall include the |
41 | geographic boundaries of the taxing authority. It is the |
42 | legislative intent that, whenever possible, the advertisement |
43 | appear in a newspaper that is published at least 5 days a week |
44 | unless the only newspaper in the county is published less than 5 |
45 | days a week, or that the advertisement appear in a |
46 | geographically limited insert of such newspaper which insert is |
47 | published throughout the taxing authority's jurisdiction at |
48 | least twice each week. It is further the legislative intent that |
49 | the newspaper selected be one of general interest and readership |
50 | in the community and not one of limited subject matter, pursuant |
51 | to chapter 50. |
52 | (a) For taxing authorities other than school districts |
53 | which have tentatively adopted a millage rate in excess of the |
54 | millage rate limitation contained in s. 200.192, the |
55 | advertisement shall be in the following form: |
56 |
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57 | NOTICE OF PROPOSED TAX INCREASE IN EXCESS OF THE MILLAGE |
58 | LIMITATION |
59 |
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60 | The (name of the taxing authority) has tentatively |
61 | adopted a measure to increase its property tax levy in excess of |
62 | the millage limitation imposed by statute. |
63 | Last year's property tax levy: |
64 | A. Initially proposed tax levy $XX,XXX,XXX |
65 | B. Less tax reductions due to Value Adjustment Board and |
66 | other assessment changes ($XX,XXX,XXX) |
67 | C. Actual property tax levy $XX,XXX,XXX |
68 | This year's proposed tax levy $XX,XXX,XXX |
69 | If this proposed tax increase in excess of the millage |
70 | limitation is levied by less than the required supermajority |
71 | vote, the (name of taxing authority) will lose state revenue |
72 | sharing. Last year, the (name of taxing authority) received |
73 | $XX,XXX,XXX from revenue sharing. |
74 | All concerned citizens are invited to attend a public |
75 | hearing on the tax increase to be held on (date and time) at |
76 | (meeting place) . |
77 | A FINAL DECISION on the proposed tax increase and the |
78 | budget will be made at this hearing. |
79 | (b)(a) For taxing authorities other than school districts |
80 | which have tentatively adopted a millage rate in excess of 100 |
81 | percent of the rolled-back rate computed pursuant to subsection |
82 | (1), but not in excess of the millage limitation contained in s. |
83 | 200.192, the advertisement shall be in the following form: |
84 |
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85 | NOTICE OF PROPOSED TAX INCREASE |
86 |
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87 | The (name of the taxing authority) has tentatively |
88 | adopted a measure to increase its property tax levy. |
89 | Last year's property tax levy: |
90 | A. Initially proposed tax levy....$XX,XXX,XXX |
91 | B. Less tax reductions due to Value Adjustment Board and |
92 | other assessment changes....($XX,XXX,XXX) |
93 | C. Actual property tax levy....$XX,XXX,XXX |
94 | This year's proposed tax levy....$XX,XXX,XXX |
95 | All concerned citizens are invited to attend a public |
96 | hearing on the tax increase to be held on (date and time) at |
97 | (meeting place) . |
98 | A FINAL DECISION on the proposed tax increase and the |
99 | budget will be made at this hearing. |
100 | (c)(b) In all instances in which the provisions of |
101 | paragraphs paragraph (a) and (b) are inapplicable for taxing |
102 | authorities other than school districts, the advertisement shall |
103 | be in the following form: |
104 |
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105 | NOTICE OF BUDGET HEARING |
106 |
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107 | The (name of taxing authority) has tentatively adopted |
108 | a budget for (fiscal year) . A public hearing to make a FINAL |
109 | DECISION on the budget AND TAXES will be held on (date and |
110 | time) at (meeting place) . |
111 | (d)(c) For school districts which have proposed a millage |
112 | rate in excess of 100 percent of the rolled-back rate computed |
113 | pursuant to subsection (1) and which propose to levy nonvoted |
114 | millage in excess of the minimum amount required pursuant to s. |
115 | 1011.60(6), the advertisement shall be in the following form: |
116 |
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117 | NOTICE OF PROPOSED TAX INCREASE |
118 |
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119 | The (name of school district) will soon consider a |
120 | measure to increase its property tax levy. |
121 | Last year's property tax levy: |
122 | A. Initially proposed tax levy....$XX,XXX,XXX |
123 | B. Less tax reductions due to Value Adjustment Board and |
124 | other assessment changes....($XX,XXX,XXX) |
125 | C. Actual property tax levy....$XX,XXX,XXX |
126 | This year's proposed tax levy....$XX,XXX,XXX |
127 | A portion of the tax levy is required under state law in |
128 | order for the school board to receive $ (amount A) in state |
129 | education grants. The required portion has (increased or |
130 | decreased) by (amount B) percent and represents |
131 | approximately (amount C) of the total proposed taxes. |
132 | The remainder of the taxes is proposed solely at the |
133 | discretion of the school board. |
134 | All concerned citizens are invited to a public hearing on |
135 | the tax increase to be held on (date and time) at (meeting |
136 | place) . |
137 | A DECISION on the proposed tax increase and the budget will |
138 | be made at this hearing. |
139 |
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140 | 1. AMOUNT A shall be an estimate, provided by the |
141 | Department of Education, of the amount to be received in the |
142 | current fiscal year by the district from state appropriations |
143 | for the Florida Education Finance Program. |
144 | 2. AMOUNT B shall be the percent increase over the rolled- |
145 | back rate necessary to levy only the required local effort in |
146 | the current fiscal year, computed as though in the preceding |
147 | fiscal year only the required local effort was levied. |
148 | 3. AMOUNT C shall be the quotient of required local-effort |
149 | millage divided by the total proposed nonvoted millage, rounded |
150 | to the nearest tenth and stated in words; however, the stated |
151 | amount shall not exceed nine-tenths. |
152 | (e)(d) For school districts which have proposed a millage |
153 | rate in excess of 100 percent of the rolled-back rate computed |
154 | pursuant to subsection (1) and which propose to levy as nonvoted |
155 | millage only the minimum amount required pursuant to s. |
156 | 1011.60(6), the advertisement shall be the same as provided in |
157 | paragraph (d) (c), except that the second and third paragraphs |
158 | shall be replaced with the following paragraph: |
159 |
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160 | This increase is required under state law in order for the |
161 | school board to receive $ (amount A) in state education |
162 | grants. |
163 | (f)(e) In all instances in which the provisions of |
164 | paragraphs (d) (c) and (e) (d) are inapplicable for school |
165 | districts, the advertisement shall be in the following form: |
166 |
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167 | NOTICE OF BUDGET HEARING |
168 |
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169 | The (name of school district) will soon consider a |
170 | budget for (fiscal year) . A public hearing to make a |
171 | DECISION on the budget AND TAXES will be held on (date and |
172 | time) at (meeting place) . |
173 | (g)(f) In lieu of publishing the notice set out in this |
174 | subsection, the taxing authority may mail a copy of the notice |
175 | to each elector residing within the jurisdiction of the taxing |
176 | authority. |
177 | (h)(g) In the event that the mailing of the notice of |
178 | proposed property taxes is delayed beyond September 3 in a |
179 | county, any multicounty taxing authority which levies ad valorem |
180 | taxes within that county shall advertise its intention to adopt |
181 | a tentative budget and millage rate in a newspaper of paid |
182 | general circulation within that county, as provided in this |
183 | subsection, and shall hold the hearing required pursuant to |
184 | paragraph (2)(c) not less than 2 days or more than 5 days |
185 | thereafter, and not later than September 18. The advertisement |
186 | shall be in the following form, unless the proposed millage rate |
187 | is less than or equal to the rolled-back rate, computed pursuant |
188 | to subsection (1), in which case the advertisement shall be as |
189 | provided in paragraph (f) (e): |
190 |
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191 | NOTICE OF TAX INCREASE |
192 |
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193 | The (name of the taxing authority) proposes to increase |
194 | its property tax levy by (percentage of increase over rolled- |
195 | back rate) percent. |
196 | All concerned citizens are invited to attend a public |
197 | hearing on the proposed tax increase to be held on (date and |
198 | time) at (meeting place) . |
199 | (i)(h) In no event shall any taxing authority add to or |
200 | delete from the language of the advertisements as specified |
201 | herein unless expressly authorized by law, except that, if an |
202 | increase in ad valorem tax rates will affect only a portion of |
203 | the jurisdiction of a taxing authority, advertisements may |
204 | include a map or geographical description of the area to be |
205 | affected and the proposed use of the tax revenues under |
206 | consideration. The advertisements required herein shall not be |
207 | accompanied, preceded, or followed by other advertising or |
208 | notices which conflict with or modify the substantive content |
209 | prescribed herein. |
210 | (j)(i) The advertisements required pursuant to paragraphs |
211 | (c) (b) and (f) (e) need not be one-quarter page in size or have |
212 | a headline in type no smaller than 18 point. |
213 | (k)(j) The amounts to be published as percentages of |
214 | increase over the rolled-back rate pursuant to this subsection |
215 | shall be based on aggregate millage rates and shall exclude |
216 | voted millage levies unless expressly provided otherwise in this |
217 | subsection. |
218 | (l)(k) Any taxing authority which will levy an ad valorem |
219 | tax for an upcoming budget year but does not levy an ad valorem |
220 | tax currently shall, in the advertisement specified in paragraph |
221 | (a), paragraph (b) (a), paragraph (d) (c), paragraph (e) (d), or |
222 | paragraph (h) (g), replace the phrase "increase its property tax |
223 | levy by (percentage of increase over rolled-back rate) |
224 | percent" with the phrase "impose a new property tax levy of $ |
225 | (amount) per $1,000 value." |
226 | (m)(l) Any advertisement required pursuant to this section |
227 | shall be accompanied by an adjacent notice meeting the budget |
228 | summary requirements of s. 129.03(3)(b). Except for those taxing |
229 | authorities proposing to levy ad valorem taxes for the first |
230 | time, the following statement shall appear in the budget summary |
231 | in boldfaced type immediately following the heading, if the |
232 | applicable percentage is greater than zero: |
233 |
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234 | THE PROPOSED OPERATING BUDGET EXPENDITURES OF (name of |
235 | taxing authority) ARE (percent rounded to one decimal place) |
236 | MORE THAN LAST YEAR'S TOTAL OPERATING EXPENDITURES. |
237 |
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238 | For purposes of this paragraph, "proposed operating budget |
239 | expenditures" or "operating expenditures" means all moneys of |
240 | the local government, including dependent special districts, |
241 | that: |
242 | 1. Were or could be expended during the applicable fiscal |
243 | year, or |
244 | 2. Were or could be retained as a balance for future |
245 | spending in the fiscal year. |
246 |
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247 | Provided, however, those moneys held in or used in trust, |
248 | agency, or internal service funds, and expenditures of bond |
249 | proceeds for capital outlay or for advanced refunded debt |
250 | principal, shall be excluded. |
251 | Section 2. Section 200.192, Florida Statutes, is created |
252 | to read: |
253 | 200.192 Millage limitation; exception; form; |
254 | application.-- |
255 | (1)(a) Ad valorem taxes may not be levied in excess of a |
256 | millage rate equal to the rolled-back rate as defined in s. |
257 | 200.065, adjusted by the percentage change in the Consumer Price |
258 | Index for all urban consumers, U.S. City Average, all items |
259 | 1982-1984=100, or successor reports for the 12-month period |
260 | through June prior to the beginning of the fiscal year as |
261 | initially reported by the United States Department of Labor, |
262 | Bureau of Labor Statistics. |
263 | (b) This subsection does not apply to taxing authorities |
264 | that have levied ad valorem taxes for 5 years or less. |
265 | (2)(a) For the fiscal year beginning October 1, 2007, ad |
266 | valorem taxes may not be levied in excess of the maximum millage |
267 | rate that would have resulted from application of subsection (1) |
268 | if subsection (1) had been in effect beginning January 1, 2001, |
269 | and had been applied each year up to and including the fiscal |
270 | year beginning October 1, 2006. |
271 | (b) A taxing authority that began levying ad valorem taxes |
272 | after January 1, 1996, may not levy ad valorem taxes in excess |
273 | of the maximum millage rate that would have resulted from |
274 | application of subsection (1) if subsection (1) had been in |
275 | effect in the sixth fiscal year in which the authority levied ad |
276 | valorem taxes and had been applied up to and including the |
277 | fiscal year beginning October 1, 2006. |
278 | (c) This subsection does not apply to ad valorem taxes |
279 | levied by: |
280 | 1. A children's services independent special district |
281 | created pursuant to s. 125.901. |
282 | 2. A county that is considered a fiscally constrained |
283 | county pursuant to s. 218.67 for the 2007-2008 fiscal year. |
284 | 3. A hospital district or health care district created |
285 | pursuant to chapter 155 or by special act of the Legislature |
286 | which, prior to July 1, 2007, contributed intergovernmental |
287 | transfers to the Agency for Health Care Administration for the |
288 | purpose of securing federal Title 19 matching funds for the |
289 | following programs: low-income pool, disproportionate share |
290 | program, hospital exemptions, or global liver fee. |
291 | 4. Any municipality located in a county that is considered |
292 | a fiscally constrained county pursuant to s. 218.67 and any |
293 | municipality located in a rural area of critical economic |
294 | concern established pursuant to s. 288.0656 for the 2007-2008 |
295 | fiscal year. |
296 | (d) The millage limitation provided in this subsection |
297 | applicable to a county providing children's services, or |
298 | providing indigent care pursuant to an operating agreement with |
299 | a hospital or medical facility and for which annual contractual |
300 | obligations have been made, may be increased by the millage rate |
301 | necessary to generate the revenues dedicated to children's |
302 | services or indigent care. However, for a county to which this |
303 | paragraph applies, the millage rate limitation shall be |
304 | determined by excluding from the calculation of each year's |
305 | rolled-back rate under subsection (1) the taxes dedicated to |
306 | children's services and indigent care, respectively, in the |
307 | prior year. |
308 | (3) Ad valorem taxes may be levied in excess of the |
309 | limitations provided in this section upon approval by the |
310 | affirmative vote of the greater of at least a majority plus one |
311 | or two-thirds of the full membership of the governing body |
312 | adopting the millage rate. |
313 | (4)(a) A county or municipality that levies a millage rate |
314 | in excess of the maximum millage provided in this section |
315 | without complying with subsection (3) may not participate in the |
316 | revenue sharing distributions provided for in s. 218.23(3)(e) |
317 | and the local government half-cent sales tax distributions |
318 | provided for in ss. 218.60-218.66 during the fiscal year |
319 | immediately following the adoption of the excess millage rate. |
320 | (b) A county or municipality subject to the provisions of |
321 | paragraph (a) shall calculate, for the following year, the |
322 | rolled-back rate to be used for purposes of subsection (1) using |
323 | the taxes that would have been levied if the maximum millage |
324 | allowed under subsection (1) had been adopted in the prior year. |
325 | (5) The form provided to taxing authorities by the |
326 | property appraiser pursuant to s. 200.065(1) must include |
327 | instructions to each taxing authority describing the proper |
328 | method of computing the maximum millage described in subsections |
329 | (1) and (2). |
330 | (6) This section does not apply to ad valorem taxes levied |
331 | by school districts, levied for the payment of bonds issued |
332 | pursuant to s. 12, Art. VII of the State Constitution, or levied |
333 | for periods not longer than 2 years when authorized by a vote of |
334 | the electors. |
335 | Section 3. Paragraphs (c) and (d) of subsection (3) of |
336 | section 373.536, Florida Statutes, are amended to read: |
337 | 373.536 District budget and hearing thereon.-- |
338 | (3) BUDGET HEARINGS AND WORKSHOPS; NOTICE.-- |
339 | (c) The tentative budget shall be adopted in accordance |
340 | with the provisions of s. 200.065; however, if the mailing of |
341 | the notice of proposed property taxes is delayed beyond |
342 | September 3 in any county in which the district lies, the |
343 | district shall advertise its intention to adopt a tentative |
344 | budget and millage rate, pursuant to s. 200.065(3)(h)(g), in a |
345 | newspaper of general paid circulation in that county. |
346 | (d) As provided in s. 200.065(2)(d), the board shall |
347 | publish one or more notices of its intention to adopt a final |
348 | budget for the district for the ensuing fiscal year. The notice |
349 | shall appear adjacent to an advertisement that sets forth the |
350 | tentative budget in a format meeting the budget summary |
351 | requirements of s. 129.03(3)(b). The district shall not include |
352 | expenditures of federal special revenues and state special |
353 | revenues when preparing the statement required by s. |
354 | 200.065(3)(m)(l). The notice and advertisement shall be |
355 | published in one or more newspapers having a combined general |
356 | paid circulation in each county in which the district lies. |
357 | Districts may include explanatory phrases and examples in budget |
358 | advertisements published under s. 200.065 to clarify or |
359 | illustrate the effect that the district budget may have on ad |
360 | valorem taxes. |
361 | Section 4. Notwithstanding the provisions of any general |
362 | or special law, if any provision of general or special law |
363 | conflicts with the provisions of this act, the provisions of |
364 | this act shall preempt, control, and supersede such provision of |
365 | general or special law to the extent of the conflict. |
366 | Section 5. This act shall take effect July 1, 2007. |