Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. SB 2-B
                        Barcode 152814
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 7/AD/2R          .                    
       06/14/2007 01:59 PM         .                    
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11  Senator Webster moved the following substitute for amendment
12  (313492):
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14         Senate Amendment (with title amendment) 
15         On page 20, line 17, through
16            page 26, line 4, delete those lines
17  
18  and insert:  
19         (2)(a)  The maximum millage rate that a county, a
20  municipal service taxing unit of that county, or a special
21  district dependent to that county may levy by a majority vote
22  of the governing body for the 2007-2008 fiscal year shall be
23  determined as follows:
24         1.  For any county of special financial concern for
25  which the compound annual growth rate in total county ad
26  valorem taxes levied, as defined in s. 200.001, per capita
27  from fiscal year 2001-2002 to fiscal year 2006-2007 was no
28  more than 5 percent, 100 percent of the rolled-back rate, as
29  calculated under s. 200.065;
30         2.  For any county not included in subparagraph 1. for
31  which the compound annual growth in total county ad valorem
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 152814 1 taxes levied, as defined in s. 200.001, per capita from fiscal 2 year 2001-2002 to fiscal year 2006-2007 was no more than 7 3 percent, or, notwithstanding subparagraphs 3., 4., and 5., any 4 county that is a county of special financial concern not 5 included in subparagraph 1., 97 percent of the rolled-back 6 rate, as calculated under s. 200.065; 7 3. For any county for which the compound annual growth 8 in total county ad valorem taxes levied, as defined in s. 9 200.001, per capita from fiscal year 2001-2002 to fiscal year 10 2006-2007 was greater than 7 percent but no more than 9 11 percent, 95 percent of the rolled-back rate, as calculated 12 under s. 200.065; 13 4. For any county for which the compound annual growth 14 in total county ad valorem taxes levied, as defined in s. 15 200.001, per capita from fiscal year 2001-2002 to fiscal year 16 2006-2007 was greater than 9 percent but no more than 11 17 percent, 93 percent of the rolled-back rate, as calculated 18 under s. 200.065; 19 5. For any county for which the compound annual growth 20 in total county ad valorem taxes levied, as defined in s. 21 200.001, per capita from fiscal year 2001-2002 to fiscal year 22 2006-2007 was greater than 11 percent, 91 percent of the 23 rolled-back rate, as calculated under s. 200.065; or 24 6. For a county authorized to levy a county public 25 hospital surtax under s. 212.055, the maximum millage rate 26 shall exclude the revenues required to be contributed to the 27 county public general hospital for the purposes of making the 28 maximum millage rate calculation, but shall be added back to 29 the maximum millage rate allowed after the applicable 30 percentage of the rolled-back rate as provided in 31 subparagraphs 1. through 5. has been applied. 2 10:15 AM 06/14/07 s0002Bc-09-j10
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 152814 1 (b) The maximum millage rate that may be levied under 2 paragraph (a) may be increased to: 3 1. The rolled-back rate, as calculated under s. 4 200.065, if approved by a two-thirds vote of the governing 5 body of the county or special district dependent thereto; or 6 2. The nonvoted millage rate that was levied in the 7 2006-2007 fiscal year, if approved by a unanimous vote of the 8 governing body of the county or special district dependent 9 thereto. 10 (c) Upon approval of a maximum rate as provided in 11 paragraph (b), a higher rate may be levied if approved by a 12 referendum of the voters. 13 (3)(a) The maximum millage rate that a municipality or 14 a special district dependent to a municipality may levy by a 15 majority vote of the governing body for the 2007-2008 fiscal 16 year shall be determined as follows: 17 1. For any municipality for which the compound annual 18 growth in total municipal ad valorem taxes levied, as defined 19 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 20 year 2006-2007 was no more than 6 percent, or, for a 21 municipality that first levied ad valorem taxes in the 22 2002-2003 fiscal year, 100 percent of the rolled-back rate, as 23 calculated under s. 200.065; 24 2. For any municipality for which the compound annual 25 growth in total municipal ad valorem taxes levied, as defined 26 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 27 year 2006-2007 was greater than 6 percent but no more than 7.5 28 percent, or, notwithstanding subparagraphs 3., 4., and 5., any 29 municipality that is a municipality of special financial 30 concern not included in subparagraph 1., 97 percent of the 31 rolled-back rate, as calculated under s. 200.065; 3 10:15 AM 06/14/07 s0002Bc-09-j10
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 152814 1 3. For any municipality for which the compound annual 2 growth in total municipal ad valorem taxes levied, as defined 3 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 4 year 2006-2007 was greater than 7.5 percent but no more than 5 10.5 percent, 95 percent of the rolled-back rate, as 6 calculated under s. 200.065; 7 4. For any municipality for which the compound annual 8 growth in total municipal ad valorem taxes levied, as defined 9 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 10 year 2006-2007 was greater than 10.5 percent but no more than 11 12.4 percent, 93 percent of the rolled-back rate, as 12 calculated under s. 200.065; or 13 5. For any municipality for which the compound annual 14 growth in total municipal ad valorem taxes levied, as defined 15 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 16 year 2006-2007 was greater than 12.4 percent, 91 percent of 17 the rolled-back rate, as calculated under s. 200.065. 18 (b) The maximum millage rate that may be levied under 19 paragraph (a) may be increased to: 20 1. The rolled-back rate, as calculated under s. 21 200.065, if approved by a two-thirds vote of the governing 22 body of the municipality or special district dependent 23 thereto; or 24 2. The nonvoted millage rate that was levied in the 25 2006-2007 fiscal year, if approved by a unanimous vote of the 26 governing body of the municipality or special district 27 dependent thereto. 28 (c) Upon approval of a maximum rate as provided in 29 paragraph (b), a higher rate may be levied if approved by a 30 referendum of the voters. 31 (4) The maximum millage rate that an independent 4 10:15 AM 06/14/07 s0002Bc-09-j10
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 152814 1 special district may levy by a majority vote of the governing 2 body for the 2007-2008 fiscal year is 97 percent of the 3 rolled-back rate, as calculated under s. 200.065. 4 (a) The maximum millage rate specified in this 5 subsection may be increased to the rolled-back rate if 6 approved by a two-thirds vote of the governing body of the 7 independent special district. 8 (b) The maximum millage rate specified in this 9 subsection may be increased to the nonvoted millage rate that 10 was levied in the 2006-2007 fiscal year, if approved by a 11 unanimous vote of the governing body of the independent 12 special district. 13 (c) Upon approval of a maximum rate in paragraph (b), 14 a higher rate may be levied if approved by a referendum of the 15 voters. 16 (5) In the 2008-2009 fiscal year, a county, municipal 17 service taxing units of that county, and special districts 18 dependent to that county; a municipality and special districts 19 dependent to that municipality; and an independent special 20 district may levy a maximum millage determined as follows: 21 (a) The maximum millage rate that may be levied shall 22 be the rolled-back rate calculated pursuant to s. 200.065 and 23 adjusted for growth in per capita Florida personal income, 24 except that ad valorem tax revenue levied in the 2007-2008 25 fiscal year shall be reduced by any tax revenue resulting from 26 a millage rate approved by a super majority vote of the 27 governing board of the taxing authority in excess of the 28 maximum rate that could have been levied by a majority vote as 29 provided in this section. For a county authorized to levy a 30 county public hospital surtax under s. 212.055, the maximum 31 millage rate shall exclude the revenues required to be 5 10:15 AM 06/14/07 s0002Bc-09-j10
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 152814 1 contributed to the county public general hospital for the 2 purposes of making the maximum millage rate calculation, but 3 shall be added back to the maximum millage rate allowed after 4 the applicable percentage of the rolled-back rate as provided 5 in subparagraphs (2)1. through 5. has been applied. 6 (b) A rate of not more than 110 percent of the rate in 7 paragraph (a) may be levied if approved by a two-thirds vote 8 of the governing body. 9 (c) A rate in excess of the millage rate allowed in 10 paragraph (b) may be levied if approved by a unanimous vote of 11 the governing body or if approved by a referendum of the 12 voters. 13 (6) Any county or municipality that is in violation of 14 this section shall forfeit the distribution of the local 15 government half-cent sales tax revenues during the 12 months 16 following a determination of noncompliance by the Department 17 of Revenue, subject to the conditions provided in ss. 200.065 18 and 218.63. 19 (7) On or before July 13, 2007, the executive director 20 of the Department of Revenue, after consultation with the 21 Revenue Estimating Conference, shall determine and publish on 22 the Department of Revenue's website and in the next available 23 issue of the Florida Administrative Weekly the compound annual 24 growth rate in per capita property tax levies for each county 25 and municipality, exclusive of voted levies, calculated from 26 fiscal year 2001-2002 through fiscal year 2006-2007, based on 27 the April 1 official population estimates of 2001 and 2006, 28 respectively, for each jurisdiction pursuant to s. 186.901, 29 exclusive of inmate and patient populations. The determination 30 and publication made pursuant to this subsection is not 31 subject to the provisions of chapter 120. 6 10:15 AM 06/14/07 s0002Bc-09-j10
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 152814 1 (8) The millage rate of a county or municipality, 2 municipal service taxing unit of that county, and any special 3 district dependent to that county or municipality may exceed 4 in any year the maximum millage rate calculated pursuant to 5 this section if the total county ad valorem taxes levied or 6 total municipal ad valorem taxes levied, as defined in s. 7 200.001, do not exceed the maximum total county ad valorem 8 taxes levied or maximum total municipal ad valorem taxes 9 levied, as defined in s. 200.001, respectively. Voted millage, 10 as defined in s. 200.001, and taxes levied by a municipality 11 or independent special district that has levied ad valorem 12 taxes for less than 5 years are not subject to the limitation 13 on millage rates provided by this section. Total taxes levied 14 may exceed the maximum calculated pursuant to this section as 15 a result of an increase in taxable value above that certified 16 in s. 200.065(1) if such increase is less than the percentage 17 amounts contained in s. 200.065(6); however, if such increase 18 in taxable value exceeds the percentage amounts contained in 19 s. 200.065(6), millage rates subject to this section must be 20 reduced so that total taxes levied do not exceed the maximum. 21 Any unit of government operating under a home rule charter 22 adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State 23 Constitution of 1885, as preserved by s. 6(e), Art. VIII of 24 the State Constitution of 1968, which is granted the authority 25 in the State Constitution to exercise all the powers conferred 26 now or hereafter by general law upon municipalities and which 27 exercises such powers in the unincorporated area shall be 28 recognized as a municipality under this section. 29 30 31 7 10:15 AM 06/14/07 s0002Bc-09-j10
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 152814 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 2, line 26, after the semicolon, 4 5 insert: 6 providing an exception for calculating the 7 rolled-back rate for certain counties; 8 providing that certain units of government are 9 recognized as municipalities; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 10:15 AM 06/14/07 s0002Bc-09-j10