1 | Representative(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 |
6 | service taxing unit of that county, or a special district |
7 | dependent to that county may levy by a majority vote of the |
8 | governing body for the 2007-2008 fiscal year shall be determined |
9 | as follows: |
10 | 1. For any county of special financial concern for which |
11 | the compound annual growth rate in total county ad valorem taxes |
12 | levied, as defined in s. 200.001, per capita from fiscal year |
13 | 2001-2002 to fiscal year 2006-2007 was no more than 5 percent, |
14 | 100 percent of the rolled-back rate, as calculated under s. |
15 | 200.065; |
16 | 2. For any county not included in subparagraph 1. for |
17 | which the compound annual growth in total county ad valorem |
18 | taxes levied, as defined in s. 200.001, per capita from fiscal |
19 | year 2001-2002 to fiscal year 2006-2007 was no more than 7 |
20 | percent, or, notwithstanding subparagraphs 3., 4., and 5., any |
21 | county that is a county of special financial concern not |
22 | included in subparagraph 1., 97 percent of the rolled-back rate, |
23 | as calculated under s. 200.065; |
24 | 3. For any county for which the compound annual growth in |
25 | total county ad valorem taxes levied, as defined in s. 200.001, |
26 | per capita from fiscal year 2001-2002 to fiscal year 2006-2007 |
27 | was greater than 7 percent but no more than 9 percent, 95 |
28 | percent of the rolled-back rate, as calculated under s. 200.065; |
29 | 4. For any county for which the compound annual growth in |
30 | total county ad valorem taxes levied, as defined in s. 200.001, |
31 | per capita from fiscal year 2001-2002 to fiscal year 2006-2007 |
32 | was greater than 9 percent but no more than 11 percent, 93 |
33 | percent of the rolled-back rate, as calculated under s. 200.065; |
34 | 5. For any county for which the compound annual growth in |
35 | total county ad valorem taxes levied, as defined in s. 200.001, |
36 | per capita from fiscal year 2001-2002 to fiscal year 2006-2007 |
37 | was greater than 11 percent, 91 percent of the rolled-back rate, |
38 | as calculated under s. 200.065; or |
39 | 6. For a county authorized to levy a county public |
40 | hospital surtax under s. 212.055, the maximum millage rate shall |
41 | exclude the revenues required to be contributed to the county |
42 | public general hospital for the purposes of making the maximum |
43 | millage rate calculation, but shall be added back to the maximum |
44 | millage rate allowed after the applicable percentage of the |
45 | rolled-back rate as provided in subparagraphs 1. through 5. has |
46 | been applied. |
47 | (b) The maximum millage rate that may be levied under |
48 | paragraph (a) may be increased to: |
49 | 1. The rolled-back rate, as calculated under s. 200.065, |
50 | if approved by a two-thirds vote of the governing body of the |
51 | county or special district dependent thereto; or |
52 | 2. The nonvoted millage rate that was levied in the 2006- |
53 | 2007 fiscal year, if approved by a unanimous vote of the |
54 | governing body of the county or special district dependent |
55 | thereto. |
56 | (c) Upon approval of a maximum rate as provided in |
57 | paragraph (b), a higher rate may be levied if approved by a |
58 | referendum of the voters. |
59 | (3)(a) The maximum millage rate that a municipality or a |
60 | special district dependent to a municipality may levy by a |
61 | majority vote of the governing body for the 2007-2008 fiscal |
62 | year shall be determined as follows: |
63 | 1. For any municipality for which the compound annual |
64 | growth in total municipal ad valorem taxes levied, as defined in |
65 | s. 200.001, per capita from fiscal year 2001-2002 to fiscal year |
66 | 2006-2007 was no more than 6 percent, or, for a municipality |
67 | that first levied ad valorem taxes in the 2002-2003 fiscal year, |
68 | 100 percent of the rolled-back rate, as calculated under s. |
69 | 200.065; |
70 | 2. For any municipality for which the compound annual |
71 | growth in total municipal ad valorem taxes levied, as defined in |
72 | s. 200.001, per capita from fiscal year 2001-2002 to fiscal year |
73 | 2006-2007 was greater than 6 percent but no more than 7.5 |
74 | percent, or, notwithstanding subparagraphs 3., 4., and 5., any |
75 | municipality that is a municipality of special financial concern |
76 | not included in subparagraph 1., 97 percent of the rolled-back |
77 | rate, as calculated under s. 200.065; |
78 | 3. For any municipality for which the compound annual |
79 | growth in total municipal ad valorem taxes levied, as defined in |
80 | s. 200.001, per capita from fiscal year 2001-2002 to fiscal year |
81 | 2006-2007 was greater than 7.5 percent but no more than 10.5 |
82 | percent, 95 percent of the rolled-back rate, as calculated under |
83 | s. 200.065; |
84 | 4. For any municipality for which the compound annual |
85 | growth in total municipal ad valorem taxes levied, as defined in |
86 | s. 200.001, per capita from fiscal year 2001-2002 to fiscal year |
87 | 2006-2007 was greater than 10.5 percent but no more than 12.4 |
88 | percent, 93 percent of the rolled-back rate, as calculated under |
89 | s. 200.065; or |
90 | 5. For any municipality for which the compound annual |
91 | growth in total municipal ad valorem taxes levied, as defined in |
92 | s. 200.001, per capita from fiscal year 2001-2002 to fiscal year |
93 | 2006-2007 was greater than 12.4 percent, 91 percent of the |
94 | rolled-back rate, as calculated under s. 200.065. |
95 | (b) The maximum millage rate that may be levied under |
96 | paragraph (a) may be increased to: |
97 | 1. The rolled-back rate, as calculated under s. 200.065, |
98 | if approved by a two-thirds vote of the governing body of the |
99 | municipality or special district dependent thereto; or |
100 | 2. The nonvoted millage rate that was levied in the 2006- |
101 | 2007 fiscal year, if approved by a unanimous vote of the |
102 | governing body of the municipality or special district dependent |
103 | thereto. |
104 | (c) Upon approval of a maximum rate as provided in |
105 | paragraph (b), a higher rate may be levied if approved by a |
106 | referendum of the voters. |
107 | (4) The maximum millage rate that an independent special |
108 | district may levy by a majority vote of the governing body for |
109 | the 2007-2008 fiscal year is 97 percent of the rolled-back rate, |
110 | as calculated under s. 200.065. |
111 | (a) The maximum millage rate specified in this subsection |
112 | may be increased to the rolled-back rate if approved by a two- |
113 | thirds vote of the governing body of the independent special |
114 | district. |
115 | (b) The maximum millage rate specified in this subsection |
116 | may be increased to the nonvoted millage rate that was levied in |
117 | the 2006-2007 fiscal year, if approved by a unanimous vote of |
118 | the governing body of the independent special district. |
119 | (c) Upon approval of a maximum rate in paragraph (b), a |
120 | higher rate may be levied if approved by a referendum of the |
121 | voters. |
122 | (5) In the 2008-2009 fiscal year, a county, municipal |
123 | service taxing units of that county, and special districts |
124 | dependent to that county; a municipality and special districts |
125 | dependent to that municipality; and an independent special |
126 | district may levy a maximum millage determined as follows: |
127 | (a) The maximum millage rate that may be levied shall be |
128 | the rolled-back rate calculated pursuant to s. 200.065 and |
129 | adjusted for growth in per capita Florida personal income, |
130 | except that ad valorem tax revenue levied in the 2007-2008 |
131 | fiscal year shall be reduced by any tax revenue resulting from a |
132 | millage rate approved by a super majority vote of the governing |
133 | board of the taxing authority in excess of the maximum rate that |
134 | could have been levied by a majority vote as provided in this |
135 | section. For a county authorized to levy a county public |
136 | hospital surtax under s. 212.055, the maximum millage rate shall |
137 | exclude the revenues required to be contributed to the county |
138 | public general hospital for the purposes of making the maximum |
139 | millage rate calculation, but shall be added back to the maximum |
140 | millage rate allowed after the applicable percentage of the |
141 | rolled-back rate as provided in subparagraphs (2)(a)1. through |
142 | 5. has been applied. |
143 | (b) A rate of not more than 110 percent of the rate in |
144 | paragraph (a) may be levied if approved by a two-thirds vote of |
145 | the governing body. |
146 | (c) A rate in excess of the millage rate allowed in |
147 | paragraph (b) may be levied if approved by a unanimous vote of |
148 | the governing body or if approved by a referendum of the voters. |
149 | (6) Any county or municipality that is in violation of |
150 | this section shall forfeit the distribution of the local |
151 | government half-cent sales tax revenues during the 12 months |
152 | following a determination of noncompliance by the Department of |
153 | Revenue, subject to the conditions provided in ss. 200.065 and |
154 | 218.63. |
155 | (7) On or before July 13, 2007, the executive director of |
156 | the Department of Revenue, after consultation with the Revenue |
157 | Estimating Conference, shall determine and publish on the |
158 | Department of Revenue's website and in the next available issue |
159 | of the Florida Administrative Weekly the compound annual growth |
160 | rate in per capita property tax levies for each county and |
161 | municipality, exclusive of voted levies, calculated from fiscal |
162 | year 2001-2002 through fiscal year 2006-2007, based on the April |
163 | 1 official population estimates of 2001 and 2006, respectively, |
164 | for each jurisdiction pursuant to s. 186.901, exclusive of |
165 | inmate and patient populations. The determination and |
166 | publication made pursuant to this subsection is not subject to |
167 | the provisions of chapter 120. |
168 | (8) The millage rate of a county or municipality, |
169 | municipal service taxing unit of that county, and any special |
170 | district dependent to that county or municipality may exceed in |
171 | any year the maximum millage rate calculated pursuant to this |
172 | section if the total county ad valorem taxes levied or total |
173 | municipal ad valorem taxes levied, as defined in s. 200.001, do |
174 | not exceed the maximum total county ad valorem taxes levied or |
175 | maximum total municipal ad valorem taxes levied, as defined in |
176 | s. 200.001, respectively. Voted millage, as defined in s. |
177 | 200.001, and taxes levied by a municipality or independent |
178 | special district that has levied ad valorem taxes for less than |
179 | 5 years are not subject to the limitation on millage rates |
180 | provided by this section. Total taxes levied may exceed the |
181 | maximum calculated pursuant to this section as a result of an |
182 | increase in taxable value above that certified in s. 200.065(1) |
183 | if such increase is less than the percentage amounts contained |
184 | in s. 200.065(6); however, if such increase in taxable value |
185 | exceeds the percentage amounts contained in s. 200.065(6), |
186 | millage rates subject to this section must be reduced so that |
187 | total taxes levied do not exceed the maximum. Any unit of |
188 | government operating under a home rule charter adopted pursuant |
189 | to ss. 10, 11, and 24, Art. VIII of the State Constitution of |
190 | 1885, as preserved by s. 6(e), Art. VIII of the State |
191 | Constitution of 1968, which is granted the authority in the |
192 | State Constitution to exercise all the powers conferred now or |
193 | hereafter by general law upon municipalities and which exercises |
194 | such powers in the unincorporated area shall be recognized as a |
195 | municipality 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: |
200 | providing an exception for calculating the rolled-back rate for |
201 | certain counties; providing that certain units of government are |
202 | recognized as municipalities; |