(LATE FILED)Amendment
Bill No. 0001B
Amendment No. 348569
CHAMBER ACTION
Senate House
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1Representative Cannon offered the following:
2
3     Amendment
4     Remove line(s) 384-438, and insert:
5     (d)  If any county or municipality, dependent special
6district of such county or municipality, or municipal service
7taxing unit of such county is in violation of subsection (5), s.
8200.185, or s. 200.186 because total county or municipal ad
9valorem taxes exceeded the maximum total county or municipal ad
10valorem taxes, respectively, that county or municipality shall
11forfeit the distribution of local government half-cent sales tax
12revenues during the 12 months following a determination of
13noncompliance by the Department of Revenue as described in s.
14218.63(3) and this subsection. If the executive director of the
15Department of Revenue determines that any county or
16municipality, dependent special district of such county or
17municipality, or municipal service taxing unit of such county is
18in violation of subsection (5), s. 200.185, or s. 200.186, the
19Department of Revenue and the county or municipality, dependent
20special district of such county or municipality, or municipal
21service taxing unit of such county shall follow the procedures
22set forth in this paragraph or paragraph (e). During the
23pendency of any procedure under paragraph (e) or any
24administrative or judicial action to challenge any action taken
25under this subsection, the tax collector shall hold in escrow
26any revenues collected by the noncomplying county or
27municipality, dependent special district of such county or
28municipality, or municipal service taxing unit of such county in
29excess of the amount allowed by subsection (5), s. 200.185, or
30s. 200.186, as determined by the executive director. Such
31revenues shall be held in escrow until the process required by
32paragraph (e) is completed and approved by the department. The
33department shall direct the tax collector to so hold such funds.
34If the county or municipality, dependent special district of
35such county or municipality, or municipal service taxing unit of
36such county remedies the noncompliance, any moneys collected in
37excess of the new levy or in excess of the amount allowed by
38subsection (5), s. 200.185, or s. 200.186 shall be held in
39reserve until the subsequent fiscal year and shall then be used
40to reduce ad valorem taxes otherwise necessary. If the county or
41municipality, dependent special district of such county or
42municipality, or municipal service taxing unit of such county
43does not remedy the noncompliance, the provisions of s. 218.63
44shall apply.
45     (e)  The following procedures shall be followed when the
46executive director notifies any county or municipality,
47dependent special district of such county or municipality, or
48municipal service taxing unit of such county that he or she has
49determined that such taxing authority is in violation of
50subsection (5), s. 200.185, or s. 200.186:
51     1.  Within 30 days after the deadline for certification of
52compliance required by s. 200.068, the executive director shall
53notify any such county or municipality, dependent special
54district of such county or municipality, or municipal service
55taxing unit of such county of his or her determination regarding
56subsection (5), s. 200.185, or s. 200.186 and that such taxing
57authority is subject to subparagraph 2.
58     2.  Any taxing authority so noticed by the executive
59director shall repeat the hearing and notice process required by
60paragraph (2)(d), except that:
61     a.  The advertisement shall appear within 15 days after
62notice from the executive director.
63     b.  The advertisement, in addition to meeting the
64requirements of subsection (3), must contain the following
65statement in boldfaced type immediately after the heading:
66     THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing
67authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE
68TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE.
69     c.  The millage newly adopted at such hearing shall not be
70forwarded to the tax collector or property appraiser and may not
71exceed the rate previously adopted or the amount allowed by
72subsection (5), s. 200.185, or s. 200.186. Each taxing authority
73provided notice pursuant to this paragraph shall recertify
74compliance with this chapter as provided in s. 200.065 within 15
75days after the adoption of a millage at such hearing.
76     d.  The determination of the executive director shall be
77superseded if the executive director determines that the county
78or municipality, dependent special district of such county or
79municipality, or municipal service taxing unit of such county
80has remedied the noncompliance. Such noncompliance shall be
81determined to be remedied if any such taxing authority provided
82notice by the executive director pursuant to this paragraph
83adopt a new millage that does not exceed the maximum millage
84allowed for such taxing authority under paragraph (5)(a), s.
85200.185(1)-(5), or s. 200.186(1), or if any  such county or
86municipality, dependent special district of such county or
87municipality, or municipal service taxing unit of such county
88adopts a lower millage sufficient to reduce the total taxes
89levied such that total taxes levied do not exceed the maximum as
90provided in paragraph (5)(b), s. 200.185(8), or s. 200.186(3).
91     e.  If any such county or municipality, dependent special
92district of such county or municipality, or municipal service
93taxing unit of such county has not remedied the noncompliance or
94recertified compliance with this chapter as provided in this
95paragraph, and the executive director determines that the
96noncompliance has not been remedied or compliance has not been
97recertified, the county or municipality shall forfeit the
98distribution of local government half-cent sales tax revenues
99during the 12 months following a determination of noncompliance
100by the Department of Revenue as described in s. 218.63(2) and
101(3) and this subsection.
102     f.  The determination of the executive director is not
103subject to chapter 120.


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