Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1748
       
       
       
       
       
       
                                Ì247456AÎ247456                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2022           .                                
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       The Committee on Finance and Tax (Brodeur) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 137 and 138
    4  insert:
    5         Section 3. Section 218.125, Florida Statutes, is amended to
    6  read:
    7         218.125 Offset for tax loss associated with certain
    8  constitutional amendments affecting fiscally constrained
    9  counties.—
   10         (1)(a) Beginning in the 2010-2011 fiscal year, the
   11  Legislature shall appropriate moneys to offset the reductions in
   12  ad valorem tax revenue experienced by fiscally constrained
   13  counties, as defined in s. 218.67(1), which occur as a direct
   14  result of the implementation of revisions of ss. 3(f) and 4(b)
   15  of Art. VII of the State Constitution which were approved in the
   16  general election held in November 2008. The moneys appropriated
   17  for this purpose shall be distributed in January of each fiscal
   18  year among the fiscally constrained counties based on each
   19  county’s proportion of the total reduction in ad valorem tax
   20  revenue resulting from the implementation of the revisions.
   21         (b)Beginning in the 2023-2024 fiscal year, the Legislature
   22  shall appropriate moneys to offset the reductions in ad valorem
   23  tax revenue experienced by fiscally constrained counties, as
   24  described in s. 218.67(1), which occur as a direct result of
   25  implementation of the addition of s. 6(g) of Art. VII of the
   26  State Constitution which was approved in the general election
   27  held in November 2022. The moneys appropriated for this purpose
   28  shall be distributed in January of each fiscal year among the
   29  fiscally constrained counties based on each county’s proportion
   30  of the total reduction in ad valorem tax revenue resulting from
   31  the implementation of s. 6(g) of Art. VII of the State
   32  Constitution.
   33         (2) On or before November 15 of each year, each fiscally
   34  constrained county shall apply to the Department of Revenue to
   35  participate in the distribution of the appropriation and provide
   36  documentation supporting the county’s estimated reduction in ad
   37  valorem tax revenue in the form and manner prescribed by the
   38  Department of Revenue. The documentation must include an
   39  estimate of the reduction in taxable value directly attributable
   40  to revisions of Art. VII of the State Constitution for all
   41  county taxing jurisdictions within the county and shall be
   42  prepared by the property appraiser in each fiscally constrained
   43  county. The documentation must also include the county millage
   44  rates applicable in all such jurisdictions for the current year
   45  and the prior year, rolled-back rates determined as provided in
   46  s. 200.065 for each county taxing jurisdiction, and maximum
   47  millage rates that could have been levied by majority vote
   48  pursuant to s. 200.065(5).
   49         (a) For purposes of paragraph (1)(a) this section, each
   50  fiscally constrained county’s reduction in ad valorem tax
   51  revenue shall be calculated as 95 percent of the estimated
   52  reduction in taxable value multiplied by the lesser of the 2010
   53  applicable millage rate or the applicable millage rate for each
   54  county taxing jurisdiction in the current year. If a fiscally
   55  constrained county fails to apply for the distribution, its
   56  share shall revert to the fund from which the appropriation was
   57  made.
   58         (b) For purposes of paragraph (1)(b), each fiscally
   59  constrained county’s reduction in ad valorem tax revenue shall
   60  be calculated as 95 percent of the estimated reduction in
   61  taxable value multiplied by the lesser of the 2023 applicable
   62  millage rate or the applicable millage rate for each county
   63  taxing jurisdiction in the current year. If a fiscally
   64  constrained county fails to apply for the distribution, its
   65  share shall revert to the fund from which the appropriation was
   66  made.
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Between lines 20 and 21
   71  insert:
   72         amending s. 218.125, F.S.; requiring the Legislature
   73         to appropriate moneys to offset reductions in ad
   74         valorem tax revenues experienced by fiscally
   75         constrained counties due to adoption of the
   76         constitutional amendment providing the additional
   77         homestead property tax exemption; specifying
   78         procedures for distributing such moneys; specifying
   79         procedures for applying for and receiving such moneys;
   80         specifying necessary documentation; specifying the
   81         method for calculating each fiscally constrained
   82         county’s reduction in ad valorem tax revenue;
   83         specifying a mechanism for the reversion of funds
   84         under specified circumstances;