Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. SB 2-B
                        Barcode 372622
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       06/14/2007 02:21 PM         .                    
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11  Senator Atwater moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 20, line 17, through
15            page 25, line 17, delete those lines
16  
17  and insert:  
18         (2)(a)  Except as provided in subsection (4), the
19  maximum millage rate that a county, municipal service taxing
20  unit of that county, or a special district dependent to that
21  county may levy by a majority vote of the governing body for
22  the 2007-2008 fiscal year shall be determined as follows:
23         1.  For any county of special financial concern for
24  which the compound annual growth rate in total county ad
25  valorem taxes levied, as defined in s. 200.001, per capita
26  from fiscal year 2001-2002 to fiscal year 2006-2007 was no
27  more than 5 percent, 100 percent of the rolled-back rate, as
28  calculated under s. 200.065;
29         2.  For any county not included in subparagraph 1. for
30  which the compound annual growth in total county ad valorem
31  taxes levied, as defined in s. 200.001, per capita from fiscal
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    1:07 PM   06/13/07                              s0002Bc-25-j04

Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 372622 1 year 2001-2002 to fiscal year 2006-2007 was no more than 7 2 percent, or, notwithstanding subparagraphs 3., 4., and 5., any 3 county that is a county of special financial concern not 4 included in subparagraph 1., 97 percent of the rolled-back 5 rate, as calculated under s. 200.065; 6 3. For any county for which the compound annual growth 7 in total county ad valorem taxes levied, as defined in s. 8 200.001, per capita from fiscal year 2001-2002 to fiscal year 9 2006-2007 was greater than 7 percent but no more than 9 10 percent, 95 percent of the rolled-back rate, as calculated 11 under s. 200.065; 12 4. For any county for which the compound annual growth 13 in total county ad valorem taxes levied, as defined in s. 14 200.001, per capita from fiscal year 2001-2002 to fiscal year 15 2006-2007 was greater than 9 percent but no more than 11 16 percent, 93 percent of the rolled-back rate, as calculated 17 under s. 200.065; or 18 5. For any county for which the compound annual growth 19 in total county ad valorem taxes levied, as defined in s. 20 200.001, per capita from fiscal year 2001-2002 to fiscal year 21 2006-2007 was greater than 11 percent, 91 percent of the 22 rolled-back rate, as calculated under s. 200.065. 23 (b) The maximum millage rate that may be levied under 24 paragraph (a) may be increased to: 25 1. The rolled-back rate, as calculated under s. 26 200.065, if approved by a two-thirds vote of the governing 27 body of the county or special district dependent thereto; or 28 2. The nonvoted millage rate that was levied in the 29 2006-2007 fiscal year, if approved by a unanimous vote of the 30 governing body of the county or special district dependent 31 thereto. 2 1:07 PM 06/13/07 s0002Bc-25-j04
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 372622 1 (c) Upon approval of a maximum rate as provided in 2 paragraph (b), a higher rate may be levied if approved by a 3 referendum of the voters. 4 (3)(a) The maximum millage rate that a municipality or 5 a special district dependent to a municipality may levy by a 6 majority vote of the governing body for the 2007-2008 fiscal 7 year shall be determined as follows: 8 1. For any municipality for which the compound annual 9 growth in total municipal ad valorem taxes levied, as defined 10 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 11 year 2006-2007 was no more than 6 percent, or, for a 12 municipality that first levied ad valorem taxes in the 13 2002-2003 fiscal year, 100 percent of the rolled-back rate, as 14 calculated under s. 200.065; 15 2. For any municipality for which the compound annual 16 growth in total municipal ad valorem taxes levied, as defined 17 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 18 year 2006-2007 was greater than 6 percent but no more than 7.5 19 percent, or, notwithstanding subparagraphs 3., 4., and 5., any 20 municipality that is a municipality of special financial 21 concern not included in subparagraph 1., 97 percent of the 22 rolled-back rate, as calculated under s. 200.065; 23 3. For any municipality for which the compound annual 24 growth in total municipal ad valorem taxes levied, as defined 25 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 26 year 2006-2007 was greater than 7.5 percent but no more than 27 10.5 percent, 95 percent of the rolled-back rate, as 28 calculated under s. 200.065; 29 4. For any municipality for which the compound annual 30 growth in total municipal ad valorem taxes levied, as defined 31 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 3 1:07 PM 06/13/07 s0002Bc-25-j04
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 372622 1 year 2006-2007 was greater than 10.5 percent but no more than 2 12.4 percent, 93 percent of the rolled-back rate, as 3 calculated under s. 200.065; or 4 5. For any municipality for which the compound annual 5 growth in total municipal ad valorem taxes levied, as defined 6 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 7 year 2006-2007 was greater than 12.4 percent, 91 percent of 8 the rolled-back rate, as calculated under s. 200.065. 9 (b) The maximum millage rate that may be levied under 10 paragraph (a) may be increased to: 11 1. The rolled-back rate, as calculated under s. 12 200.065, if approved by a two-thirds vote of the governing 13 body of the municipality or special district dependent 14 thereto; or 15 2. The nonvoted millage rate that was levied in the 16 2006-2007 fiscal year, if approved by a unanimous vote of the 17 governing body of the municipality or special district 18 dependent thereto. 19 (c) Upon approval of a maximum rate as provided in 20 paragraph (b), a higher rate may be levied if approved by a 21 referendum of the voters. 22 (4) The maximum millage rate that an independent 23 special district or a municipal service taxing unit formed to 24 provide emergency medical or fire rescue services may levy by 25 a majority vote of the governing body for the 2007-2008 fiscal 26 year is 97 percent of the rolled-back rate, as calculated 27 under s. 200.065. The property taxes levied from fiscal year 28 2001-2002 to fiscal year 2006-2007 for a municipal service 29 taxing unit formed to provide emergency medical or fire rescue 30 services shall not be included in the total county ad valorem 31 taxes levied for the purpose of calculating the millage rate 4 1:07 PM 06/13/07 s0002Bc-25-j04
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 372622 1 of a county pursuant to subsection (2). 2 (a) The maximum millage rate specified in this 3 subsection may be increased to the rolled-back rate if 4 approved by a two-thirds vote of the governing body of the 5 independent special district or municipal service taxing unit 6 formed to provide emergency medical or fire rescue services. 7 (b) The maximum millage rate specified in this 8 subsection may be increased to the nonvoted millage rate that 9 was levied in the 2006-2007 fiscal year, if approved by a 10 unanimous vote of the governing body of the independent 11 special district or municipal service taxing unit formed to 12 provide emergency medical or fire rescue services. 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. 30 (b) A rate of not more than 110 percent of the rate in 31 paragraph (a) may be levied if approved by a two-thirds vote 5 1:07 PM 06/13/07 s0002Bc-25-j04
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 372622 1 of the governing body. 2 (c) A rate in excess of the millage rate allowed in 3 paragraph (b) may be levied if approved by a unanimous vote of 4 the governing body or if approved by a referendum of the 5 voters. 6 (6) Any county or municipality that is in violation of 7 this section shall forfeit the distribution of the local 8 government half-cent sales tax revenues during the 12 months 9 following a determination of noncompliance by the Department 10 of Revenue, subject to the conditions provided in ss. 200.065 11 and 218.63. 12 (7) On or before July 13, 2007, the executive director 13 of the Department of Revenue, after consultation with the 14 Revenue Estimating Conference, shall determine and publish on 15 the Department of Revenue's website and in the next available 16 issue of the Florida Administrative Weekly the compound annual 17 growth rate in per capita property tax levies for each county, 18 municipality, and municipal service taxing unit formed to 19 provide emergency medical or fire rescue services, exclusive 20 of voted levies, calculated from fiscal year 2001-2002 through 21 fiscal year 2006-2007, based on the April 1 official 22 population estimates of 2001 and 2006, respectively, for each 23 jurisdiction pursuant to s. 186.901, exclusive of inmate and 24 patient populations. The determination and publication made 25 pursuant to this subsection is not subject to the provisions 26 of chapter 120. 27 (8) The millage rate of a county or municipality, 28 municipal service taxing unit of that county, except a 29 municipal service taxing unit formed to provide emergency 30 medical or fire rescue services, and any special 31 6 1:07 PM 06/13/07 s0002Bc-25-j04
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 372622 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 exceptions; 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 1:07 PM 06/13/07 s0002Bc-25-j04