Florida Senate - 2018                                     SB 772
       
       
        
       By Senators Grimsley and Passidomo
       
       
       
       
       
       26-00708B-18                                           2018772__
    1                        A bill to be entitled                      
    2         An act relating to homestead exemption implementation;
    3         amending s. 3 of chapter 2017-35, Laws of Florida;
    4         requiring the Legislature to appropriate moneys,
    5         beginning in a specified fiscal year, to offset
    6         reductions in ad valorem tax revenue experienced by
    7         rural communities within a rural area of opportunity
    8         which result from a specified additional exemption;
    9         requiring the moneys appropriated for this purpose to
   10         be distributed each fiscal year among rural
   11         communities based on each region’s proportion of the
   12         total reduction in ad valorem tax revenue; requiring
   13         each rural community to apply to the Department of
   14         Revenue each year to participate in the distribution
   15         of the appropriation and provide documentation
   16         supporting the region’s estimated reduction in ad
   17         valorem tax revenue; providing requirements for such
   18         documentation; providing for calculation of each rural
   19         community’s reduction in ad valorem tax revenue;
   20         requiring the rural community’s share to revert to the
   21         fund from which the appropriation was made if it fails
   22         to apply for the distribution; conforming provisions
   23         to changes made by the act; providing a contingent
   24         effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 3 of chapter 2017-35, Laws of Florida,
   29  is amended to read:
   30  
   31         Section 3. Section 218.125, Florida Statutes, is amended to
   32  read:
   33         218.125 Offset for tax loss associated with certain
   34  constitutional amendments affecting fiscally constrained
   35  counties and rural communities within a rural area of
   36  opportunity.—
   37         (1)(a) Beginning in the 2010-2011 fiscal year, the
   38  Legislature shall appropriate moneys to offset the reductions in
   39  ad valorem tax revenue experienced by fiscally constrained
   40  counties, as defined in s. 218.67(1), which occur as a direct
   41  result of the implementation of revisions of ss. 3(f) and 4(b)
   42  of Art. VII of the State Constitution which were approved in the
   43  general election held in November 2008. The moneys appropriated
   44  for this purpose shall be distributed in January of each fiscal
   45  year among the fiscally constrained counties based on each
   46  county’s proportion of the total reduction in ad valorem tax
   47  revenue resulting from the implementation of the revisions.
   48         (b) Beginning in the 2019-2020 fiscal year, the Legislature
   49  shall appropriate moneys to offset reductions in ad valorem tax
   50  revenue experienced by fiscally constrained counties, as defined
   51  in s. 218.67(1), and by rural communities within a rural area of
   52  opportunity, as those terms are defined in s. 288.0656(2), which
   53  is designated by the Governor under s. 288.0656(7)(a), which
   54  occur as a direct result of implementation of the revision to s.
   55  6(a) of Art. VII of the State Constitution approved in November
   56  2018 which authorizes an additional exemption of up to $25,000
   57  for all levies other than school district levies. The moneys
   58  appropriated for this purpose shall be distributed in January of
   59  each fiscal year among the fiscally constrained counties and the
   60  rural communities within a rural area of opportunity based on
   61  each region’s county’s proportion of the total reduction in ad
   62  valorem tax revenue resulting from the implementation of the
   63  revisions.
   64         (2) On or before November 15 of each year, each fiscally
   65  constrained county and each rural community within a rural area
   66  of opportunity shall apply to the Department of Revenue to
   67  participate in the distribution of the appropriation and provide
   68  documentation supporting the region’s county’s estimated
   69  reduction in ad valorem tax revenue in the form and manner
   70  prescribed by the department. The documentation must include an
   71  estimate of the reduction in taxable value directly attributable
   72  to revisions of Art. VII of the State Constitution for all
   73  county taxing jurisdictions within the region county and shall
   74  be prepared by the property appraiser in each fiscally
   75  constrained county and each rural community within a rural area
   76  of opportunity. The documentation must also include the county
   77  millage rates applicable in all such jurisdictions for the
   78  current year and the prior year, rolled-back rates determined as
   79  provided in s. 200.065 for each county taxing jurisdiction, and
   80  maximum millage rates that could have been levied by majority
   81  vote pursuant to s. 200.065(5).
   82         (a) For purposes of paragraph (1)(a), each fiscally
   83  constrained county’s reduction in ad valorem tax revenue shall
   84  be calculated as 95 percent of the estimated reduction in
   85  taxable value multiplied by the lesser of the 2010 applicable
   86  millage rate or the applicable millage rate for each county
   87  taxing jurisdiction in the current year. If a fiscally
   88  constrained county fails to apply for the distribution, its
   89  share shall revert to the fund from which the appropriation was
   90  made.
   91         (b) For purposes of paragraph (1)(b), the reduction in ad
   92  valorem tax revenue for each fiscally constrained county and
   93  each rural community within a rural area of opportunity county’s
   94  reduction in ad valorem tax revenue shall be calculated as 95
   95  percent of the estimated reduction in taxable value multiplied
   96  by the lesser of the 2017 applicable millage rate or the
   97  applicable millage rate for each county taxing jurisdiction in
   98  the current year. If a fiscally constrained county or rural
   99  community within a rural area of opportunity fails to apply for
  100  the distribution, its share shall revert to the fund from which
  101  the appropriation was made.
  102         Section 2. This act shall take effect on the effective date
  103  of the amendment to the State Constitution proposed by HJR 7105
  104  (2017), if such amendment to the State Constitution is approved
  105  at the general election held in November 2018, and shall apply
  106  to the 2019 tax roll.