Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for SB 1838

580492

CHAMBER ACTION

Senate

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House



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Senator Geller moved the following amendment to amendment

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(306956):

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     Senate Amendment (with title amendment)

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     Between line(s) 513 and 514

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insert:

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     Section 7.  Subsection (7) of section 200.185, Florida

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Statutes, is amended to read:

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     200.185  Maximum millage rates for the 2007-2008 and 2008-

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2009 fiscal years.--

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     (7)  On or before June 25, 2007, the executive director of

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the Department of Revenue shall notify each property appraiser

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and the chair of the governing body of each county and

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municipality of the amount of the tax levies that will be used to

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calculate each jurisdiction's compound annual growth rate as

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determined in this subsection. On or before July 2, 2007, each

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property appraiser and the chair of each such governing body, or

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his or her designee, shall report to the executive director

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whether the information that was provided is correct and, if

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incorrect, provide corrected information along with the basis for

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any correction. The Governor may consider failure to report as

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required in this subsection as sufficient grounds to constitute

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malfeasance or neglect of duty by any person required to report

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under this subsection. On or before July 13, 2007, the executive

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director of the Department of Revenue, after consultation with

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the Revenue Estimating Conference, shall determine and publish on

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the Department of Revenue's website the compound annual growth

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rate in per capita property tax levies for each county and

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municipality, exclusive of voted levies, calculated from fiscal

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year 2001-2002 through fiscal year 2006-2007, based on the April

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1 official population estimates of 2001 and 2006, respectively,

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for each jurisdiction pursuant to s. 186.901, exclusive of inmate

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and patient populations. The determination and publication made

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pursuant to this subsection is not subject to the provisions of

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chapter 120.

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     (a) Notwithstanding the requirements of this subsection,

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upon application by a municipality, the executive director shall

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adjust the 2006 population figures to include population

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increases due to annexation as provided in "Adjusted 2006

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Population Estimates for Florida Counties and Municipalities,"

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which is certified to the department by the Executive Office of

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the Governor. The executive director shall redetermine the

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compound annual growth rate in per capita property taxes levied

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for any such applicant.

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     (b) A municipality, as a result of the application of

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adjusted 2006 population figures in paragraph (a), may

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demonstrate that a different maximum millage rate would have

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resulted for fiscal year 2007-2008 and certify such new maximum

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millage rate in writing to the executive director. The

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municipality may apply the redetermined compound annual growth

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rate in per capita ad valorem taxes levied to recalculate its

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fiscal year 2007-2008 maximum millage rate for the purpose of

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determining its maximum millage rate for the 2008-2009 fiscal

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year. The municipality shall use the recalculated fiscal year

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2007-2008 maximum millage rate times the fiscal year 2007-2008

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taxable value as the prior year's taxes levied amount in

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calculating the rolled-back rate for the 2008-2009 fiscal year.

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

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And the title is amended as follows:

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     On line(s) 2235, after the semicolon,

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insert:

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amending s. 200.185, F.S.; requiring the executive

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director to adjust the 2006 population figures to include

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population increases due to annexation upon application by

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a municipality; requiring the executive director to

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redetermine the compound annual growth rate in per capita

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property taxes levied for such application; authorizing

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the municipality to demonstrate a different maximum

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millage and apply the redetermined compound annual growth

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rate in per capita ad valorem taxes;

4/25/2008  11:13:00 AM     31-08711-08

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