Amendment
Bill No. 0001B
Amendment No. 798693
CHAMBER ACTION
Senate House
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1Representative(s) Cannon offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 549-716, and insert:
5     (2)(a)  The maximum millage rate that a county, a municipal
6service taxing unit of that county, or a special district
7dependent to that county may levy by a majority vote of the
8governing body for the 2007-2008 fiscal year shall be determined
9as follows:
10     1.  For any county of special financial concern for which
11the compound annual growth rate in total county ad valorem taxes
12levied, as defined in s. 200.001, per capita from fiscal year
132001-2002 to fiscal year 2006-2007 was no more than 5 percent,
14100 percent of the rolled-back rate, as calculated under s.
15200.065;
16     2.  For any county not included in subparagraph 1. for
17which the compound annual growth in total county ad valorem
18taxes levied, as defined in s. 200.001, per capita from fiscal
19year 2001-2002 to fiscal year 2006-2007 was no more than 7
20percent, or, notwithstanding subparagraphs 3., 4., and 5., any
21county that is a county of special financial concern not
22included in subparagraph 1., 97 percent of the rolled-back rate,
23as calculated under s. 200.065;
24     3.  For any county for which the compound annual growth in
25total county ad valorem taxes levied, as defined in s. 200.001,
26per capita from fiscal year 2001-2002 to fiscal year 2006-2007
27was greater than 7 percent but no more than 9 percent, 95
28percent of the rolled-back rate, as calculated under s. 200.065;
29     4.  For any county for which the compound annual growth in
30total county ad valorem taxes levied, as defined in s. 200.001,
31per capita from fiscal year 2001-2002 to fiscal year 2006-2007
32was greater than 9 percent but no more than 11 percent, 93
33percent of the rolled-back rate, as calculated under s. 200.065;
34     5.  For any county for which the compound annual growth in
35total county ad valorem taxes levied, as defined in s. 200.001,
36per capita from fiscal year 2001-2002 to fiscal year 2006-2007
37was greater than 11 percent, 91 percent of the rolled-back rate,
38as calculated under s. 200.065; or
39     6.  For a county authorized to levy a county public
40hospital surtax under s. 212.055, the maximum millage rate shall
41exclude the revenues required to be contributed to the county
42public general hospital for the purposes of making the maximum
43millage rate calculation, but shall be added back to the maximum
44millage rate allowed after the applicable percentage of the
45rolled-back rate as provided in subparagraphs 1. through 5. has
46been applied.
47     (b)  The maximum millage rate that may be levied under
48paragraph (a) may be increased to:
49     1.  The rolled-back rate, as calculated under s. 200.065,
50if approved by a two-thirds vote of the governing body of the
51county or special district dependent thereto; or
52     2.  The nonvoted millage rate that was levied in the 2006-
532007 fiscal year, if approved by a unanimous vote of the
54governing body of the county or special district dependent
55thereto.
56     (c)  Upon approval of a maximum rate as provided in
57paragraph (b), a higher rate may be levied if approved by a
58referendum of the voters.
59     (3)(a)  The maximum millage rate that a municipality or a
60special district dependent to a municipality may levy by a
61majority vote of the governing body for the 2007-2008 fiscal
62year shall be determined as follows:
63     1.  For any municipality for which the compound annual
64growth in total municipal ad valorem taxes levied, as defined in
65s. 200.001, per capita from fiscal year 2001-2002 to fiscal year
662006-2007 was no more than 6 percent, or, for a municipality
67that first levied ad valorem taxes in the 2002-2003 fiscal year,
68100 percent of the rolled-back rate, as calculated under s.
69200.065;
70     2.  For any municipality for which the compound annual
71growth in total municipal ad valorem taxes levied, as defined in
72s. 200.001, per capita from fiscal year 2001-2002 to fiscal year
732006-2007 was greater than 6 percent but no more than 7.5
74percent, or, notwithstanding subparagraphs 3., 4., and 5., any
75municipality that is a municipality of special financial concern
76not included in subparagraph 1., 97 percent of the rolled-back
77rate, as calculated under s. 200.065;
78     3.  For any municipality for which the compound annual
79growth in total municipal ad valorem taxes levied, as defined in
80s. 200.001, per capita from fiscal year 2001-2002 to fiscal year
812006-2007 was greater than 7.5 percent but no more than 10.5
82percent, 95 percent of the rolled-back rate, as calculated under
83s. 200.065;
84     4.  For any municipality for which the compound annual
85growth in total municipal ad valorem taxes levied, as defined in
86s. 200.001, per capita from fiscal year 2001-2002 to fiscal year
872006-2007 was greater than 10.5 percent but no more than 12.4
88percent, 93 percent of the rolled-back rate, as calculated under
89s. 200.065; or
90     5.  For any municipality for which the compound annual
91growth in total municipal ad valorem taxes levied, as defined in
92s. 200.001, per capita from fiscal year 2001-2002 to fiscal year
932006-2007 was greater than 12.4 percent, 91 percent of the
94rolled-back rate, as calculated under s. 200.065.
95     (b)  The maximum millage rate that may be levied under
96paragraph (a) may be increased to:
97     1.  The rolled-back rate, as calculated under s. 200.065,
98if approved by a two-thirds vote of the governing body of the
99municipality or special district dependent thereto; or
100     2.  The nonvoted millage rate that was levied in the 2006-
1012007 fiscal year, if approved by a unanimous vote of the
102governing body of the municipality or special district dependent
103thereto.
104     (c)  Upon approval of a maximum rate as provided in
105paragraph (b), a higher rate may be levied if approved by a
106referendum of the voters.
107     (4)  The maximum millage rate that an independent special
108district may levy by a majority vote of the governing body for
109the 2007-2008 fiscal year is 97 percent of the rolled-back rate,
110as calculated under s. 200.065.
111     (a)  The maximum millage rate specified in this subsection
112may be increased to the rolled-back rate if approved by a two-
113thirds vote of the governing body of the independent special
114district.
115     (b)  The maximum millage rate specified in this subsection
116may be increased to the nonvoted millage rate that was levied in
117the 2006-2007 fiscal year, if approved by a unanimous vote of
118the governing body of the independent special district.
119     (c)  Upon approval of a maximum rate in paragraph (b), a
120higher rate may be levied if approved by a referendum of the
121voters.
122     (5)  In the 2008-2009 fiscal year, a county, municipal
123service taxing units of that county, and special districts
124dependent to that county; a municipality and special districts
125dependent to that municipality; and an independent special
126district may levy a maximum millage determined as follows:
127     (a)  The maximum millage rate that may be levied shall be
128the rolled-back rate calculated pursuant to s. 200.065 and
129adjusted for growth in per capita Florida personal income,
130except that ad valorem tax revenue levied in the 2007-2008
131fiscal year shall be reduced by any tax revenue resulting from a
132millage rate approved by a super majority vote of the governing
133board of the taxing authority in excess of the maximum rate that
134could have been levied by a majority vote as provided in this
135section. For a county authorized to levy a county public
136hospital surtax under s. 212.055, the maximum millage rate shall
137exclude the revenues required to be contributed to the county
138public general hospital for the purposes of making the maximum
139millage rate calculation, but shall be added back to the maximum
140millage rate allowed after the applicable percentage of the
141rolled-back rate as provided in subparagraphs (2)(a)1. through
1425. has been applied.
143     (b)  A rate of not more than 110 percent of the rate in
144paragraph (a) may be levied if approved by a two-thirds vote of
145the governing body.
146     (c)  A rate in excess of the millage rate allowed in
147paragraph (b) may be levied if approved by a unanimous vote of
148the governing body or if approved by a referendum of the voters.
149     (6)  Any county or municipality that is in violation of
150this section shall forfeit the distribution of the local
151government half-cent sales tax revenues during the 12 months
152following a determination of noncompliance by the Department of
153Revenue, subject to the conditions provided in ss. 200.065 and
154218.63.
155     (7)  On or before July 13, 2007, the executive director of
156the Department of Revenue, after consultation with the Revenue
157Estimating Conference, shall determine and publish on the
158Department of Revenue's website and in the next available issue
159of the Florida Administrative Weekly the compound annual growth
160rate in per capita property tax levies for each county and
161municipality, exclusive of voted levies, calculated from fiscal
162year 2001-2002 through fiscal year 2006-2007, based on the April
1631 official population estimates of 2001 and 2006, respectively,
164for each jurisdiction pursuant to s. 186.901, exclusive of
165inmate and patient populations. The determination and
166publication made pursuant to this subsection is not subject to
167the provisions of chapter 120.
168     (8)  The millage rate of a county or municipality,
169municipal service taxing unit of that county, and any special
170district dependent to that county or municipality may exceed in
171any year the maximum millage rate calculated pursuant to this
172section if the total county ad valorem taxes levied or total
173municipal ad valorem taxes levied, as defined in s. 200.001, do
174not exceed the maximum total county ad valorem taxes levied or
175maximum total municipal ad valorem taxes levied, as defined in
176s. 200.001, respectively. Voted millage, as defined in s.
177200.001, and taxes levied by a municipality or independent
178special district that has levied ad valorem taxes for less than
1795 years are not subject to the limitation on millage rates
180provided by this section. Total taxes levied may exceed the
181maximum calculated pursuant to this section as a result of an
182increase in taxable value above that certified in s. 200.065(1)
183if such increase is less than the percentage amounts contained
184in s. 200.065(6); however, if such increase in taxable value
185exceeds the percentage amounts contained in s. 200.065(6),
186millage rates subject to this section must be reduced so that
187total taxes levied do not exceed the maximum. Any unit of
188government operating under a home rule charter adopted pursuant
189to ss. 10, 11, and 24, Art. VIII of the State Constitution of
1901885, as preserved by s. 6(e), Art. VIII of the State
191Constitution of 1968, which is granted the authority in the
192State Constitution to exercise all the powers conferred now or
193hereafter by general law upon municipalities and which exercises
194such powers in the unincorporated area shall be recognized as a
195municipality under this section.
196
197
198======= T I T L E  A M E N D M E N T =======
199     Between lines 45 and 46, insert:
200providing an exception for calculating the rolled-back rate for
201certain counties; providing that certain units of government are
202recognized as municipalities;


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