Florida Senate - 2010                             CS for SB 1592
       
       
       
       By the Committee on General Government Appropriations; and
       Senator Baker
       
       
       
       601-03210-10                                          20101592c1
    1                        A bill to be entitled                      
    2         An act relating to fiscally constrained counties;
    3         amending s. 218.12, F.S.; providing for the
    4         determination by a fiscally constrained county of the
    5         reduction in ad valorem revenues resulting from the
    6         implementation of a provision of the State
    7         Constitution; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 218.12, Florida Statutes, is amended to
   12  read:
   13         218.12 Appropriations to offset reductions in ad valorem
   14  tax revenue in fiscally constrained counties.—
   15         (1) Beginning in fiscal year 2008-2009, the Legislature
   16  shall appropriate moneys to offset the reductions in ad valorem
   17  tax revenue experienced by fiscally constrained counties, as
   18  defined in s. 218.67(1), which occur as a direct result of the
   19  implementation of revisions of Art. VII of the State
   20  Constitution approved in the special election held on January
   21  29, 2008. The moneys appropriated for this purpose shall be
   22  distributed in January of each fiscal year among the fiscally
   23  constrained counties based on each county’s proportion of the
   24  total reduction in ad valorem tax revenue resulting from the
   25  implementation of the revision.
   26         (2) On or before November 15 of each year, beginning in
   27  2008, each fiscally constrained county shall apply to the
   28  Department of Revenue to participate in the distribution of the
   29  appropriation and provide documentation supporting the county’s
   30  estimated reduction in ad valorem tax revenue in the form and
   31  manner prescribed by the Department of Revenue. The
   32  documentation must include an estimate of the reduction in
   33  taxable value directly attributable to revisions of Art. VII of
   34  the State Constitution for all county taxing jurisdictions
   35  within the county and shall be prepared by the property
   36  appraiser in each fiscally constrained county. The documentation
   37  must also include the county millage rates applicable in all
   38  such jurisdictions for both the current year and the prior year;
   39  rolled-back rates, determined as provided in s. 200.065, for
   40  each county taxing jurisdiction; and maximum millage rates that
   41  could have been levied by majority vote pursuant to s. 200.185.
   42  For purposes of this section, each fiscally constrained county’s
   43  reduction in ad valorem tax revenue shall be calculated as 95
   44  percent of the estimated reduction in taxable value times the
   45  lesser of the 2007 applicable millage rate or the applicable
   46  millage rate for each county taxing jurisdiction in the prior
   47  year.
   48         (3) In determining the reductions in ad valorem tax
   49  revenues in a given year occurring as a result of the
   50  implementation of the revisions to Art. VII of the State
   51  Constitution approved in the special election held on January
   52  29, 2008, assessments reduced pursuant to s. 4(d)(8)a., Art. VII
   53  of the State Constitution shall be included in the reduction in
   54  taxable value only for those homesteads established January 1 of
   55  the year the application under this section is made.
   56         (3) In determining the reductions in ad valorem tax
   57  revenues occurring as a result of the implementation of the
   58  revisions to Art. VII of the State Constitution approved in the
   59  special election held on January 29, 2008, the value of
   60  assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
   61  State Constitution shall include only the reduction in taxable
   62  value for homesteads established January 1, 2009.
   63         Section 2. This act shall take effect July 1, 2010.