Amendment
Bill No. CS/SB 1588
Amendment No. 210103
CHAMBER ACTION
Senate House
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1Representative Cannon offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 929-1005 and insert:
5     Section 12.  Subsections (5) and (8) of section 200.185,
6Florida Statutes, are amended to read:
7     200.185  Maximum millage rates for the 2007-2008 and 2008-
82009 fiscal years.--
9     (5)  In the 2008-2009 fiscal year, a county, municipal
10service taxing units of that county, and special districts
11dependent to that county; a municipality and special districts
12dependent to that municipality; and an independent special
13district may levy a maximum millage determined as follows:
14     (a)1.  The maximum millage rate that may be levied shall be
15the rolled-back rate calculated pursuant to s. 200.065 and
16adjusted for change growth in per capita Florida personal
17income, except that:
18     a.  Ad valorem tax revenue levied in the 2007-2008 fiscal
19year and used in the calculation of the rolled-back rate shall
20be reduced by any tax revenue resulting from a millage rate
21approved by a super majority vote of the governing board of the
22taxing authority in excess of the maximum rate that could have
23been levied by a majority vote as provided in this section.
24     b.  The taxable value within the jurisdiction of each
25taxing authority used in the calculation of the rolled-back rate
26shall be increased by an amount equal to the reduction in
27taxable value occurring as a result of the amendments to the
28State Constitution contained in SJR 2-D (2007) providing an
29additional homestead exemption, providing portability of the
30Save-Our-Homes differential, providing an exemption from ad
31valorem taxation for tangible personal property, and providing a
3210-percent limitation on assessment increases for certain
33properties.
34     2.  For a county authorized to levy a county public
35hospital surtax under s. 212.055 that did so in fiscal year
362007, the maximum millage rate shall exclude the revenues
37required to be contributed to the county public general hospital
38in the current fiscal year for the purposes of making the
39maximum millage rate calculation, but shall be added back to the
40maximum millage rate allowed after the applicable percentage of
41the rolled-back rate as provided in subparagraphs (2)(a)1.
42through 5. has been applied, the total of which shall be
43considered the maximum millage rate for such a county for
44purposes of this subsection. The revenue required to be
45contributed to the county public general hospital for the
46upcoming fiscal year shall be calculated by multiplying 11.873
47percent by the millage rate levied for countywide purposes in
48fiscal year 2007 and multiplying the result by 95 percent of the
49preliminary tax roll for the upcoming fiscal year. For a
50downtown development authority established before the effective
51date of the 1968 State Constitution which has a millage that
52must be approved by a municipality, the governing body of that
53municipality shall be considered the governing body of the
54downtown development authority for purposes of this subsection.
55     (b)  A rate in excess of the maximum millage rate allowed
56under paragraph (a), but of not more than 110 percent of the
57rate in paragraph (a) determined without taking into account the
58adjustment in sub-subparagraph (a)1.b., may be levied if
59approved by a two-thirds vote of the membership of the governing
60body of the county, municipality, or independent district.
61     (c)  A rate in excess of the millage rate allowed in
62paragraph (b) may be levied if approved by a unanimous vote of
63the membership of the governing body of the county,
64municipality, or independent district or by a three-fourths vote
65of the membership of the governing body if the governing body
66has nine or more members, or if approved by a referendum of the
67voters.
68     (8)  The millage rate of a county or municipality,
69municipal service taxing unit of that county, and any special
70district dependent to that county or municipality may exceed in
71any year the maximum millage rate calculated pursuant to this
72section if the total county ad valorem taxes levied or total
73municipal ad valorem taxes levied, as defined in s. 200.001, do
74not exceed the maximum total county ad valorem taxes levied or
75maximum total municipal ad valorem taxes levied, as defined in
76s. 200.001, respectively. Voted millage, as defined in s.
77200.001, and taxes levied by a municipality or independent
78special district that has levied ad valorem taxes for less than
795 years are not subject to the limitation on millage rates
80provided by this section. Total taxes levied may exceed the
81maximum calculated pursuant to this section as a result of an
82increase in taxable value above that certified in s. 200.065(1)
83if such increase is less than the percentage amounts contained
84in s. 200.065(6) or if the administrative adjustment cannot be
85made because the value adjustment board is still in session at
86the time the tax roll is extended; otherwise however, if such
87increase in taxable value exceeds the percentage amounts
88contained in s. 200.065(6), millage rates subject to this
89section may must be reduced so that total taxes levied do not
90exceed the maximum. Any unit of government operating under a
91home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
92VIII of the State Constitution of 1885, as preserved by s. 6(e),
93Art. VIII of the State Constitution of 1968, which is granted
94the authority in the State Constitution to exercise all the
95powers conferred now or hereafter by general law upon
96municipalities and which exercises such powers in the
97unincorporated area shall be recognized as a municipality under
98this section.
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T I T L E  A M E N D M E N T
103     Remove line(s) 61 and insert:
104s. 200.185, F.S.; revising the calculation of maximum


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