Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. SB 2-B
                        Barcode 660636
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: 15/AD/2R         .                    
       06/14/2007 02:17 PM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Haridopolos moved the following amendment:
12  
13         Senate Amendment 
14         On page 14, line 29, through page 16, line 27, delete
15  those lines
16         and insert:
17         (d)  If any county or municipality, dependent special
18  district of such county or municipality, or municipal service
19  taxing unit of such county is in violation of subsection (5),
20  s. 200.185, or s. 200.186 because total county or municipal ad
21  valorem taxes exceeded the maximum total county or municipal
22  ad valorem taxes, respectively, that county or municipality
23  shall forfeit the distribution of local government half-cent
24  sales tax revenues during the 12 months following a
25  determination of noncompliance by the Department of Revenue as
26  described in s. 218.63(3) and this subsection. If the
27  executive director of the Department of Revenue determines
28  that any county or municipality, dependent special district of
29  such county or municipality, or municipal service taxing unit
30  of such county is in violation of subsection (5), s. 200.185,
31  or s. 200.186, the Department of Revenue and the county or
                                  1
    5:06 PM   06/13/07                              s0002Bb-26-tvt

Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 660636 1 municipality, dependent special district of such county or 2 municipality, or municipal service taxing unit of such county 3 shall follow the procedures set forth in this paragraph or 4 paragraph (e). During the pendency of any procedure under 5 paragraph (e) or any administrative or judicial action to 6 challenge any action taken under this subsection, the tax 7 collector shall hold in escrow any revenues collected by the 8 noncomplying county or municipality, dependent special 9 district of such county or municipality, or municipal service 10 taxing unit of such county in excess of the amount allowed by 11 subsection (5), s. 200.185, or s. 200.186, as determined by 12 the executive director. Such revenues shall be held in escrow 13 until the process required by paragraph (e) is completed and 14 approved by the department. The department shall direct the 15 tax collector to so hold such funds. If the county or 16 municipality, dependent special district of such county or 17 municipality, or municipal service taxing unit of such county 18 remedies the noncompliance, any moneys collected in excess of 19 the new levy or in excess of the amount allowed by subsection 20 (5), s. 200.185, or s. 200.186 shall be held in reserve until 21 the subsequent fiscal year and shall then be used to reduce ad 22 valorem taxes otherwise necessary. If the county or 23 municipality, dependent special district of such county or 24 municipality, or municipal service taxing unit of such county 25 does not remedy the noncompliance, the provisions of s. 218.63 26 shall apply. 27 (e) The following procedures shall be followed when 28 the executive director notifies any county or municipality, 29 dependent special district of such county or municipality, or 30 municipal service taxing unit of such county that he or she 31 has determined that such taxing authority is in violation of 2 5:06 PM 06/13/07 s0002Bb-26-tvt
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 660636 1 subsection (5), s. 200.185, or s. 200.186: 2 1. Within 30 days after the deadline for certification 3 of compliance required by s. 200.068, the executive director 4 shall notify any such county or municipality, dependent 5 special district of such county or municipality, or municipal 6 service taxing unit of such county of his or her determination 7 regarding subsection (5), s. 200.185, or s. 200.186 and that 8 such taxing authority is subject to subparagraph 2. 9 2. Any taxing authority so noticed by the executive 10 director shall repeat the hearing and notice process required 11 by paragraph (2)(d), except that: 12 a. The advertisement shall appear within 15 days after 13 notice from the executive director. 14 b. The advertisement, in addition to meeting the 15 requirements of subsection (3), must contain the following 16 statement in boldfaced type immediately after the heading: 17 THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing 18 authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE 19 TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND 20 NOTICE. 21 c. The millage newly adopted at such hearing shall not 22 be forwarded to the tax collector or property appraiser and 23 may not exceed the rate previously adopted or the amount 24 allowed by subsection (5), s. 200.185, or s. 200.186. Each 25 taxing authority provided notice pursuant to this paragraph 26 shall recertify compliance with this chapter as provided in s. 27 200.065 within 15 days after the adoption of a millage at such 28 hearing. 29 d. The determination of the executive director shall 30 be superseded if the executive director determines that the 31 county or municipality, dependent special district of such 3 5:06 PM 06/13/07 s0002Bb-26-tvt
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 660636 1 county or municipality, or municipal service taxing unit of 2 such county has remedied the noncompliance. Such noncompliance 3 shall be determined to be remedied if any such taxing 4 authority provided notice by the executive director pursuant 5 to this paragraph adopt a new millage that does not exceed the 6 maximum millage allowed for such taxing authority under 7 paragraph (5)(a), s. 200.185(1)-(5), or s. 200.186(1), or if 8 any such county or municipality, dependent special district 9 of such county or municipality, or municipal service taxing 10 unit of such county adopts a lower millage sufficient to 11 reduce the total taxes levied such that total taxes levied do 12 not exceed the maximum as provided in paragraph (5)(b), s. 13 200.185(8), or s. 200.186(3). 14 e. If any such county or municipality, dependent 15 special district of such county or municipality, or municipal 16 service taxing unit of such county has not remedied the 17 noncompliance or recertified compliance with this chapter as 18 provided in this paragraph, and the executive director 19 determines that the noncompliance has not been remedied or 20 compliance has not been recertified, the county or 21 municipality shall forfeit the distribution of local 22 government half-cent sales tax revenues during the 12 months 23 following a determination of noncompliance by the Department 24 of Revenue as described in s. 218.63(2) and (3) and this 25 subsection. 26 f. The determination of the executive director is not 27 subject to chapter 120. 28 29 30 31 4 5:06 PM 06/13/07 s0002Bb-26-tvt