1 | Representative Cannon offered the following: |
2 |
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3 | Amendment |
4 | Remove line(s) 384-438, and insert: |
5 | (d) If any county or municipality, dependent special |
6 | district of such county or municipality, or municipal service |
7 | taxing unit of such county is in violation of subsection (5), s. |
8 | 200.185, or s. 200.186 because total county or municipal ad |
9 | valorem taxes exceeded the maximum total county or municipal ad |
10 | valorem taxes, respectively, that county or municipality shall |
11 | forfeit the distribution of local government half-cent sales tax |
12 | revenues during the 12 months following a determination of |
13 | noncompliance by the Department of Revenue as described in s. |
14 | 218.63(3) and this subsection. If the executive director of the |
15 | Department of Revenue determines that any county or |
16 | municipality, dependent special district of such county or |
17 | municipality, or municipal service taxing unit of such county is |
18 | in violation of subsection (5), s. 200.185, or s. 200.186, the |
19 | Department of Revenue and the county or municipality, dependent |
20 | special district of such county or municipality, or municipal |
21 | service taxing unit of such county shall follow the procedures |
22 | set forth in this paragraph or paragraph (e). During the |
23 | pendency of any procedure under paragraph (e) or any |
24 | administrative or judicial action to challenge any action taken |
25 | under this subsection, the tax collector shall hold in escrow |
26 | any revenues collected by the noncomplying county or |
27 | municipality, dependent special district of such county or |
28 | municipality, or municipal service taxing unit of such county in |
29 | excess of the amount allowed by subsection (5), s. 200.185, or |
30 | s. 200.186, as determined by the executive director. Such |
31 | revenues shall be held in escrow until the process required by |
32 | paragraph (e) is completed and approved by the department. The |
33 | department shall direct the tax collector to so hold such funds. |
34 | If the county or municipality, dependent special district of |
35 | such county or municipality, or municipal service taxing unit of |
36 | such county remedies the noncompliance, any moneys collected in |
37 | excess of the new levy or in excess of the amount allowed by |
38 | subsection (5), s. 200.185, or s. 200.186 shall be held in |
39 | reserve until the subsequent fiscal year and shall then be used |
40 | to reduce ad valorem taxes otherwise necessary. If the county or |
41 | municipality, dependent special district of such county or |
42 | municipality, or municipal service taxing unit of such county |
43 | does not remedy the noncompliance, the provisions of s. 218.63 |
44 | shall apply. |
45 | (e) The following procedures shall be followed when the |
46 | executive director notifies any county or municipality, |
47 | dependent special district of such county or municipality, or |
48 | municipal service taxing unit of such county that he or she has |
49 | determined that such taxing authority is in violation of |
50 | subsection (5), s. 200.185, or s. 200.186: |
51 | 1. Within 30 days after the deadline for certification of |
52 | compliance required by s. 200.068, the executive director shall |
53 | notify any such county or municipality, dependent special |
54 | district of such county or municipality, or municipal service |
55 | taxing unit of such county of his or her determination regarding |
56 | subsection (5), s. 200.185, or s. 200.186 and that such taxing |
57 | authority is subject to subparagraph 2. |
58 | 2. Any taxing authority so noticed by the executive |
59 | director shall repeat the hearing and notice process required by |
60 | paragraph (2)(d), except that: |
61 | a. The advertisement shall appear within 15 days after |
62 | notice from the executive director. |
63 | b. The advertisement, in addition to meeting the |
64 | requirements of subsection (3), must contain the following |
65 | statement in boldfaced type immediately after the heading: |
66 | THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing |
67 | authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE |
68 | TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE. |
69 | c. The millage newly adopted at such hearing shall not be |
70 | forwarded to the tax collector or property appraiser and may not |
71 | exceed the rate previously adopted or the amount allowed by |
72 | subsection (5), s. 200.185, or s. 200.186. Each taxing authority |
73 | provided notice pursuant to this paragraph shall recertify |
74 | compliance with this chapter as provided in s. 200.065 within 15 |
75 | days after the adoption of a millage at such hearing. |
76 | d. The determination of the executive director shall be |
77 | superseded if the executive director determines that the county |
78 | or municipality, dependent special district of such county or |
79 | municipality, or municipal service taxing unit of such county |
80 | has remedied the noncompliance. Such noncompliance shall be |
81 | determined to be remedied if any such taxing authority provided |
82 | notice by the executive director pursuant to this paragraph |
83 | adopt a new millage that does not exceed the maximum millage |
84 | allowed for such taxing authority under paragraph (5)(a), s. |
85 | 200.185(1)-(5), or s. 200.186(1), or if any such county or |
86 | municipality, dependent special district of such county or |
87 | municipality, or municipal service taxing unit of such county |
88 | adopts a lower millage sufficient to reduce the total taxes |
89 | levied such that total taxes levied do not exceed the maximum as |
90 | provided in paragraph (5)(b), s. 200.185(8), or s. 200.186(3). |
91 | e. If any such county or municipality, dependent special |
92 | district of such county or municipality, or municipal service |
93 | taxing unit of such county has not remedied the noncompliance or |
94 | recertified compliance with this chapter as provided in this |
95 | paragraph, and the executive director determines that the |
96 | noncompliance has not been remedied or compliance has not been |
97 | recertified, the county or municipality shall forfeit the |
98 | distribution of local government half-cent sales tax revenues |
99 | during the 12 months following a determination of noncompliance |
100 | by 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 |
103 | subject to chapter 120. |