Amendment
Bill No. 0001B
Amendment No. 742537
CHAMBER ACTION
Senate House
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1Representative(s) Cannon offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 1552-1608, and insert:
5     200.186  Maximum millage rates for the 2008-2009 fiscal
6year.--
7     (1)  In the 2008-2009 fiscal year, a county, municipal
8service taxing units of that county, and special districts
9dependent to that county; a municipality and special districts
10dependent to that municipality; and an independent special
11district may levy a maximum millage that is determined as
12follows:
13     (a)  The maximum millage rate shall be the rolled-back rate
14calculated pursuant to s. 200.065 and adjusted for growth in per
15capita Florida personal income, except that:
16     1.  Ad valorem tax revenue levied in the 2007-2008 fiscal
17year, as used in the calculation of the rolled-back rate, shall
18be reduced by any tax revenue resulting from a millage rate
19approved by a super majority vote of the governing board of the
20taxing authority in excess of the maximum rate that could have
21been levied by a majority vote as provided in s. 200.185; and
22     2.  The taxable value within the jurisdiction of each
23taxing authority, as used in the calculation of the rolled-back
24rate, shall be increased by the amount necessary to offset any
25reduction in taxable value occurring as a result of the
26amendments to the State Constitution contained in SJR 4B or HJR
273B revising the homestead tax exemption and providing an
28exemption from ad valorem taxation for tangible personal
29property. The maximum millage rate applicable to a county
30authorized to levy a county public hospital surtax under s.
31212.055 shall exclude the revenues required to be contributed to
32the county public general hospital for the purposes of making
33the maximum millage rate calculation, but shall be added back to
34the maximum millage rate allowed after the roll back has been
35applied.
36     a.  A rate of not more than 110 percent of the rolled-back
37rate based on the previous year's maximum millage rate, adjusted
38for growth in per capita Florida personal income, may be adopted
39if approved by a two-thirds vote of the governing body of the
40county, municipality, or independent district; or
41     b.  A rate in excess of 110 percent may be adopted if
42approved by a unanimous vote of the governing body of the
43county, municipality, or independent district or if the rate is
44approved by a referendum.
45     (b)  If approved by a two-thirds vote of the governing
46body, a rate may be levied in excess of the rate calculated
47pursuant to paragraph (a) if the excess is not more than 67
48percent of the difference between the rolled-back rate
49calculated pursuant to s. 200.065, and the rate calculated in
50paragraph (a).
51     (c)  A rate may be levied in excess of the millage rate
52allowed in paragraph (b) if the rate is approved by a unanimous
53vote of the governing body or if approved by a referendum of the
54voters.
55     (2)  Any county or municipality that is in violation of
56this section shall forfeit the distribution of the local
57government half-cent sales tax revenues during the 12 months
58following a determination of noncompliance by the Department of
59Revenue, subject to the conditions provided in ss. 200.065 and
60218.63.
61     (3)  The millage rate of a county or municipality,
62municipal service taxing unit of that county, and any special
63district dependent to that county or municipality may exceed in
64any year the maximum millage rate calculated pursuant to this
65section if the total county ad valorem taxes levied or total
66municipal ad valorem taxes levied, as defined in s. 200.001, do
67not exceed the maximum total county ad valorem taxes levied or
68maximum total municipal ad valorem taxes levied, as defined in
69s. 200.001, respectively. Total taxes levied may exceed the
70maximum calculated pursuant to this section as a result of an
71increase in taxable value above that certified in s. 200.065(1)
72if such increase is less than the percentage amounts contained
73in s. 200.065(6); however, if such increase in taxable value
74exceeds the percentage amounts contained in s. 200.065(6),
75millage rates subject to this section must be reduced so that
76total taxes levied do not exceed the maximum. Any unit of
77government operating under a home rule charter adopted pursuant
78to ss. 10, 11, and 24, Art. VIII of the State Constitution of
791885, as preserved by s. 6(e), Art. VIII of the State
80Constitution of 1968, which is granted the authority in the
81State Constitution to exercise all the powers conferred now or
82hereafter by general law upon municipalities and which exercises
83such powers in the unincorporated area shall be recognized as a
84municipality under this section.
85
86
87======= T I T L E  A M E N D M E N T =======
88     Between lines 143 and 144, insert:
89providing an exception for calculating the rolled-back rate for
90certain counties; providing that certain units of government are
91recognized as municipalities;


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