Florida Senate - 2025                                     SB 996
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01799A-25                                           2025996__
    1                        A bill to be entitled                      
    2         An act relating to revenues from ad valorem taxes;
    3         amending s. 200.065, F.S.; revising the method of
    4         computing the rolled-back rate; revising the maximum
    5         millage rate that may be levied in a fiscal year;
    6         prohibiting a higher rate from being levied; requiring
    7         that revenues collected in excess of a certain amount
    8         be disposed of in a specified manner; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsections (1) and (5) of section 200.065,
   14  Florida Statutes, are amended to read:
   15         200.065 Method of fixing millage.—
   16         (1) Upon completion of the assessment of all property
   17  pursuant to s. 193.023, the property appraiser shall certify to
   18  each taxing authority the taxable value within the jurisdiction
   19  of the taxing authority. This certification shall include a copy
   20  of the statement required to be submitted under s. 195.073(3),
   21  as applicable to that taxing authority. The form on which the
   22  certification is made shall include instructions to each taxing
   23  authority describing the proper method of computing a millage
   24  rate which, inclusive exclusive of new construction, additions
   25  to structures, deletions, increases in the value of improvements
   26  that have undergone a substantial rehabilitation which increased
   27  the assessed value of such improvements by at least 100 percent,
   28  property added due to geographic boundary changes, total taxable
   29  value of tangible personal property within the jurisdiction in
   30  excess of 115 percent of the previous year’s total taxable
   31  value, and any dedicated increment value, will provide the same
   32  ad valorem tax revenue for each taxing authority as was levied
   33  during the prior year less the amount, if any, paid or applied
   34  as a consequence of an obligation measured by the dedicated
   35  increment value. That millage rate shall be known as the
   36  “rolled-back rate.” The property appraiser shall also include
   37  instructions, as prescribed by the Department of Revenue, to
   38  each county and municipality, each special district dependent to
   39  a county or municipality, each municipal service taxing unit,
   40  and each independent special district describing the proper
   41  method of computing the millage rates and taxes levied as
   42  specified in subsection (5). The Department of Revenue shall
   43  prescribe the instructions and forms that are necessary to
   44  administer this subsection and subsection (5). The information
   45  provided pursuant to this subsection shall also be sent to the
   46  tax collector by the property appraiser at the time it is sent
   47  to each taxing authority.
   48         (5) In each fiscal year:
   49         (a) The maximum millage rate that a county, municipality,
   50  special district dependent to a county or municipality,
   51  municipal service taxing unit, or independent special district
   52  may levy is 102 percent of the a rolled-back rate based on the
   53  amount of taxes which would have been levied in the prior year
   54  if the maximum millage rate had been applied, adjusted for
   55  change in per capita Florida personal income, unless a higher
   56  rate was adopted, in which case the maximum is the adopted rate.
   57  The maximum millage rate applicable to a county authorized to
   58  levy a county public hospital surtax under s. 212.055 and which
   59  did so in fiscal year 2007 shall exclude the revenues required
   60  to be contributed to the county public general hospital in the
   61  current fiscal year for the purposes of making the maximum
   62  millage rate calculation, but shall be added back to the maximum
   63  millage rate allowed after the roll back has been applied, the
   64  total of which shall be considered the maximum millage rate for
   65  such a county for purposes of this subsection. The revenue
   66  required to be contributed to the county public general hospital
   67  for the upcoming fiscal year shall be calculated as 11.873
   68  percent times the millage rate levied for countywide purposes in
   69  fiscal year 2007 times 95 percent of the preliminary tax roll
   70  for the upcoming fiscal year. A higher rate may not be adopted
   71  only under the following conditions:
   72         1.A rate of not more than 110 percent of the rolled-back
   73  rate based on the previous year’s maximum millage rate, adjusted
   74  for change in per capita Florida personal income, may be adopted
   75  if approved by a two-thirds vote of the membership of the
   76  governing body of the county, municipality, or independent
   77  district; or
   78         2.A rate in excess of 110 percent may be adopted if
   79  approved by a unanimous vote of the membership of the governing
   80  body of the county, municipality, or independent district or by
   81  a three-fourths vote of the membership of the governing body if
   82  the governing body has nine or more members, or if the rate is
   83  approved by a referendum.
   84         (b) The millage rate of a county or municipality, municipal
   85  service taxing unit of that county, and any special district
   86  dependent to that county or municipality may exceed the maximum
   87  millage rate calculated pursuant to this subsection if the total
   88  county ad valorem taxes levied or total municipal ad valorem
   89  taxes levied do not exceed the maximum total county ad valorem
   90  taxes levied or maximum total municipal ad valorem taxes levied
   91  respectively. Voted millage and taxes levied by a municipality
   92  or independent special district that has levied ad valorem taxes
   93  for less than 5 years are not subject to this limitation. The
   94  millage rate of a county authorized to levy a county public
   95  hospital surtax under s. 212.055 may exceed the maximum millage
   96  rate calculated pursuant to this subsection to the extent
   97  necessary to account for the revenues required to be contributed
   98  to the county public hospital. Total taxes levied may exceed the
   99  maximum calculated pursuant to subsection (6) as a result of an
  100  increase in taxable value above that certified in subsection (1)
  101  if such increase is less than the percentage amounts contained
  102  in subsection (6) or if the administrative adjustment cannot be
  103  made because the value adjustment board is still in session at
  104  the time the tax roll is extended; otherwise, millage rates
  105  subject to this subsection may be reduced so that total taxes
  106  levied do not exceed the maximum. In the event any taxing
  107  authority collects ad valorem revenues in excess of 102 percent
  108  of the rolled-back rate, such excess amount must be returned to
  109  the taxpayers on a prorated basis, or must be used to pay down
  110  debt.
  111  
  112  Any unit of government operating under a home rule charter
  113  adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State
  114  Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
  115  State Constitution, which is granted the authority in the State
  116  Constitution to exercise all the powers conferred now or
  117  hereafter by general law upon municipalities and which exercises
  118  such powers in the unincorporated area shall be recognized as a
  119  municipality under this subsection. For a downtown development
  120  authority established before the effective date of the State
  121  Constitution which has a millage that must be approved by a
  122  municipality, the governing body of that municipality shall be
  123  considered the governing body of the downtown development
  124  authority for purposes of this subsection.
  125         Section 2. This act shall take effect July 1, 2025.