1 | Representative(s) Cannon offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove line(s) 1552-1608, and insert: |
5 | 200.186 Maximum millage rates for the 2008-2009 fiscal |
6 | year.-- |
7 | (1) In the 2008-2009 fiscal year, a county, municipal |
8 | service taxing units of that county, and special districts |
9 | dependent to that county; a municipality and special districts |
10 | dependent to that municipality; and an independent special |
11 | district may levy a maximum millage that is determined as |
12 | follows: |
13 | (a) The maximum millage rate shall be the rolled-back rate |
14 | calculated pursuant to s. 200.065 and adjusted for growth in per |
15 | capita Florida personal income, except that: |
16 | 1. Ad valorem tax revenue levied in the 2007-2008 fiscal |
17 | year, as used in the calculation of the rolled-back rate, shall |
18 | be reduced by any tax revenue resulting from a millage rate |
19 | approved by a super majority vote of the governing board of the |
20 | taxing authority in excess of the maximum rate that could have |
21 | been levied by a majority vote as provided in s. 200.185; and |
22 | 2. The taxable value within the jurisdiction of each |
23 | taxing authority, as used in the calculation of the rolled-back |
24 | rate, shall be increased by the amount necessary to offset any |
25 | reduction in taxable value occurring as a result of the |
26 | amendments to the State Constitution contained in SJR 4B or HJR |
27 | 3B revising the homestead tax exemption and providing an |
28 | exemption from ad valorem taxation for tangible personal |
29 | property. The maximum millage rate applicable to a county |
30 | authorized to levy a county public hospital surtax under s. |
31 | 212.055 shall exclude the revenues required to be contributed to |
32 | the county public general hospital for the purposes of making |
33 | the maximum millage rate calculation, but shall be added back to |
34 | the maximum millage rate allowed after the roll back has been |
35 | applied. |
36 | a. A rate of not more than 110 percent of the rolled-back |
37 | rate based on the previous year's maximum millage rate, adjusted |
38 | for growth in per capita Florida personal income, may be adopted |
39 | if approved by a two-thirds vote of the governing body of the |
40 | county, municipality, or independent district; or |
41 | b. A rate in excess of 110 percent may be adopted if |
42 | approved by a unanimous vote of the governing body of the |
43 | county, municipality, or independent district or if the rate is |
44 | approved by a referendum. |
45 | (b) If approved by a two-thirds vote of the governing |
46 | body, a rate may be levied in excess of the rate calculated |
47 | pursuant to paragraph (a) if the excess is not more than 67 |
48 | percent of the difference between the rolled-back rate |
49 | calculated pursuant to s. 200.065, and the rate calculated in |
50 | paragraph (a). |
51 | (c) A rate may be levied in excess of the millage rate |
52 | allowed in paragraph (b) if the rate is approved by a unanimous |
53 | vote of the governing body or if approved by a referendum of the |
54 | voters. |
55 | (2) Any county or municipality that is in violation of |
56 | this section shall forfeit the distribution of the local |
57 | government half-cent sales tax revenues during the 12 months |
58 | following a determination of noncompliance by the Department of |
59 | Revenue, subject to the conditions provided in ss. 200.065 and |
60 | 218.63. |
61 | (3) The millage rate of a county or municipality, |
62 | municipal service taxing unit of that county, and any special |
63 | district dependent to that county or municipality may exceed in |
64 | any year the maximum millage rate calculated pursuant to this |
65 | section if the total county ad valorem taxes levied or total |
66 | municipal ad valorem taxes levied, as defined in s. 200.001, do |
67 | not exceed the maximum total county ad valorem taxes levied or |
68 | maximum total municipal ad valorem taxes levied, as defined in |
69 | s. 200.001, respectively. Total taxes levied may exceed the |
70 | maximum calculated pursuant to this section as a result of an |
71 | increase in taxable value above that certified in s. 200.065(1) |
72 | if such increase is less than the percentage amounts contained |
73 | in s. 200.065(6); however, if such increase in taxable value |
74 | exceeds the percentage amounts contained in s. 200.065(6), |
75 | millage rates subject to this section must be reduced so that |
76 | total taxes levied do not exceed the maximum. Any unit of |
77 | government operating under a home rule charter adopted pursuant |
78 | to ss. 10, 11, and 24, Art. VIII of the State Constitution of |
79 | 1885, as preserved by s. 6(e), Art. VIII of the State |
80 | Constitution of 1968, which is granted the authority in the |
81 | State Constitution to exercise all the powers conferred now or |
82 | hereafter by general law upon municipalities and which exercises |
83 | such powers in the unincorporated area shall be recognized as a |
84 | municipality under this section. |
85 |
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86 |
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87 | ======= T I T L E A M E N D M E N T ======= |
88 | Between lines 143 and 144, insert: |
89 | providing an exception for calculating the rolled-back rate for |
90 | certain counties; providing that certain units of government are |
91 | recognized as municipalities; |