HB 715

1
A bill to be entitled
2An act relating to local government revenue sources;
3requiring a super majority vote for actions by a local
4government to levy new, increase existing, expand a base
5or area subject to, or eliminate an exemption from taxes,
6special assessments, non-ad valorem assessments, or impact
7fees; requiring a super majority vote of electors voting
8in referenda on laws taking the same actions; providing an
9exception for certain emergencies; providing for
10nonapplication to certain other revenue sources; providing
11a definition; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  (1)  Beginning July 1, 2008, and
16notwithstanding any other general or special law, the governing
17board of a county, municipality, school board, or special
18district may not take the following actions unless the action is
19first approved by at least a three-fifths vote, or a majority
20plus one, whichever is greater, of the governing board's
21membership:
22     (a)  Levy a new tax, special assessment, non-ad valorem
23assessment, or impact fee;
24     (b)  Increase the rate of an existing tax, special
25assessment, non-ad valorem assessment, or impact fee;
26     (c)  Expand a tax base or a geographic area subject to a
27tax, special assessment, non-ad valorem assessment, or impact
28fee; or
29     (d)  Eliminate an exemption from a tax, special assessment,
30non-ad valorem assessment, or impact fee.
31     (2)  If the governing board of a county, municipality,
32school board, or special district takes action as required by
33subsection (1), and the law otherwise requires approval by the
34electors voting in a referendum, the action must be approved by
35at least a three-fifths vote of electors voting in the
36referendum.
37     (3)  This section shall not apply to a tax, special
38assessment, non-ad valorem assessment, or impact fee levied or
39increased for the exclusive purpose of funding repair or
40replacement of public infrastructure damaged in a natural or
41man-made disaster that resulted in a declaration of emergency by
42the Governor.
43     (4)  This section shall not apply to ad valorem taxes, fees
44other than impact fees, license fees, penalties, fines, or
45charges for services.
46     (5)  For purposes of this section, the term "non-ad valorem
47assessment" has the same meaning as provided in s. 197.3632,
48Florida Statutes.
49     Section 2.  This act shall take effect July 1, 2008.


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