Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 1296

235454

CHAMBER ACTION

Senate

Comm: RCS

4/15/2008

.

.

.

.

.

House



1

The Committee on General Government Appropriations (Bennett)

2

recommended the following amendment:

3

4

     Senate Amendment (with directory and title amendments)

5

     Delete line(s) 131-145

6

and insert:

7

Section 4.  Paragraph (a) of subsection (3) of section

8

373.503, Florida Statutes, is amended, subsection (5) is

9

renumbered as subsection (6), and a new subsection (5) is added

10

to that section, to read:

11

373.503  Manner of taxation.--

12

     (3)(a) Subject to annual authorization by the Legislature

13

to levy ad valorem taxes under subsection (5), the districts may

14

levy ad valorem taxes on property within the district solely for

15

the purposes of this chapter and of chapter 25270, 1949, Laws of

16

Florida, as amended, and chapter 61-691, Laws of Florida, as

17

amended. The authority to levy ad valorem taxes as provided in

18

this act shall commence with the year 1977. However, the taxes

19

levied for 1977 by the governing boards pursuant to this section

20

shall be prorated to ensure that no such taxes will be levied for

21

the first 4 days of the tax year, which days will fall prior to

22

the effective date of the amendment to s. 9(b), Art. VII of the

23

State Constitution, which was approved March 9, 1976. When

24

appropriate, taxes levied by each governing board may be

25

separated by the governing board into a millage necessary for the

26

purposes of the district and a millage necessary for financing

27

basin functions specified in s. 373.0695. Beginning with the

28

taxing year 1977, and Notwithstanding the provisions of any other

29

general or special law to the contrary and subject to annual

30

authorization by the Legislature to levy ad valorem taxes under

31

subsection (5), the maximum total millage rate for district and

32

basin purposes shall be:

33

     1.  Northwest Florida Water Management District: 0.05 mill.

34

     2.  Suwannee River Water Management District: 0.75 mill.

35

     3.  St. Johns River Water Management District: 0.6 mill.

36

     4.  Southwest Florida Water Management District: 1.0 mill.

37

     5.  South Florida Water Management District: 0.80 mill.

38

     (5) To ensure that the taxes authorized by this chapter

39

continue to be in proportion to the benefits derived by the

40

several parcels of real estate within the districts, the

41

Legislature shall annually review the authorized millage rate for

42

each district and annually set the maximum amount of revenue

43

authorized to be raised by each district from the taxes

44

authorized by this chapter. However, if the annual maximum amount

45

of revenue authorized to be raised by each district is not set by

46

the Legislature on or before July 1 of each year, each district

47

is authorized to raise the amount of revenue authorized by the

48

Legislature in the preceding fiscal year and adjusted by the

49

percentage change in the Consumer Price Index for the preceding

50

fiscal year.

51

Section 5.  Subsections (1) and (2) and paragraphs (c), (e),

52

and (f) of subsection (5) of section 373.536, Florida Statutes,

53

are amended and a new subsection (7) is added to read:

54

373.536  District budget and hearing thereon.--

55

     (1)  FISCAL YEAR.--The fiscal year of districts created

56

under the provisions of this chapter shall extend from July

57

October 1 of one year through June September 30 of the following

58

year.

59

     (2)  BUDGET SUBMITTAL.--The budget officer of the district

60

shall, on or before July 15 of each year, submit for

61

consideration by the governing board of the district a tentative

62

budget for the district covering its proposed operations and

63

funding requirements for the ensuing fiscal year.

64

     (5)  TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND

65

APPROVAL.--

66

     (c) Each water management district shall, by February

67

August 1 of each year, submit for review a tentative budget to

68

the Governor, the President of the Senate, the Speaker of the

69

House of Representatives, the chairs of all legislative

70

committees and subcommittees with substantive or fiscal

71

jurisdiction over water management districts, as determined by

72

the President of the Senate or the Speaker of the House of

73

Representatives as applicable, the secretary of the department,

74

and the governing body of each county in which the district has

75

jurisdiction or derives any funds for the operations of the

76

district.

77

     (e) By September 5 of the year in which the budget is

78

submitted, the House and Senate appropriations chairs may

79

transmit to each district comments and objections to the proposed

80

budgets. Each district governing board shall include a response

81

to such comments and objections in the record of the governing

82

board meeting where final adoption of the budget takes place, and

83

the record of this meeting shall be transmitted to the Executive

84

Office of the Governor, the department, and the chairs of the

85

House and Senate appropriations committees.

86

(e) (f) The Executive Office of the Governor shall

87

annually, on or before September December 15, file with the

88

Legislature a report that summarizes its review of the water

89

management districts' tentative budgets and displays the adopted

90

budget allocations by program area. The report must identify the

91

districts that are not in compliance with the reporting

92

requirements of this section. State funds shall be withheld from

93

a water management district that fails to comply with these

94

reporting requirements.

95

(7) Prior to the governing boards approval of any

96

acquisition, project or project component of which such approval

97

shall constitute a commitment to expend more than 25 percent of

98

the districts prior fiscal years audited total revenues such

99

proposed expenditure shall be submitted to the Legislative Budget

100

Commission for approval.

101

Section 6. For the 2008-2009 and the 2009-2010 fiscal

102

years, notwithstanding any law to the contrary, the water

103

management districts are directed to budget and plan for their

104

fiscal management to conform to the provisions of this act.

105

106

================ T I T L E  A M E N D M E N T ================

107

And the title is amended as follows:

108

     Delete line(s) 10-13

109

and insert:

110

a licensed water well contractor; amending s. 373.503, F.S.;

111

providing that a water management district's millage rate is

112

subject to annual authorization by the Legislature; requiring the

113

Legislature to annually review a district's millage rate is

114

subject to annual authorization by the Legislature; requiring the

115

Legislature to annually review a district's millage rate;

116

requiring the Legislature to annually set the amount of revenue

117

authorized to be raised by a district from ad valorem taxes;

118

providing for the amount of authorized revenue to be raised by a

119

district if the Legislature does not set the amount by a

120

specified date; amending s. 373.536, F.S.; revising the beginning

121

and ending dates of a district's fiscal year; revising the date

122

by which a district must submit a tentative budget to the

123

Governor and the Legislature; eliminating the authorization for

124

the Legislature to comment on such budgets; eliminating the

125

requirement for districts to respond to such comments and to

126

forward such responses to the Governor and Legislature; revising

127

the date by which the Executive Office of the Governor must file

128

a specified report with the Legislature; directing districts to

129

implement conforming measures; providing for legislative review

130

of certain district expenditures; amending s. 373.079,

4/14/2008  11:45:00 AM     EP.GA.07226

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