CS/HB 7001

1
A bill to be entitled
2An act relating to ad valorem tax millage; amending s.
3200.065, F.S.; specifying a form for advertisements of
4proposed tax increases in excess of a millage limitation;
5creating s. 200.192, F.S.; providing ad valorem tax
6millage limitations; providing exemptions for certain
7taxing authorities; providing for nonapplication to ad
8valorem taxes levied by certain counties, districts, and
9municipalities; providing for increasing the millage
10limitation for certain counties for certain purposes;
11providing for determining the millage rate limitation;
12providing for exceeding the limitations under certain
13circumstances; prohibiting certain counties or
14municipalities from participating in certain revenue
15sharing and local government half-cent sales tax
16distributions under certain circumstances; specifying a
17methodology for calculating a rolled-back rate for certain
18counties or municipalities; requiring forms of property
19appraisers to contain certain millage calculation
20instructions; providing for nonapplication to the millage
21of certain ad valorem tax levies; amending s. 373.536,
22F.S.; correcting cross-references; providing for
23preemption, control, and supersession of provisions of
24general or special law in conflict with provisions of the
25act; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Subsection (3) of section 200.065, Florida
30Statutes, is amended to read:
31     200.065  Method of fixing millage.--
32     (3)  The advertisement shall be no less than one-quarter
33page in size of a standard size or a tabloid size newspaper, and
34the headline in the advertisement shall be in a type no smaller
35than 18 point. The advertisement shall not be placed in that
36portion of the newspaper where legal notices and classified
37advertisements appear. The advertisement shall be published in a
38newspaper of general paid circulation in the county or in a
39geographically limited insert of such newspaper. The geographic
40boundaries in which such insert is circulated shall include the
41geographic boundaries of the taxing authority. It is the
42legislative intent that, whenever possible, the advertisement
43appear in a newspaper that is published at least 5 days a week
44unless the only newspaper in the county is published less than 5
45days a week, or that the advertisement appear in a
46geographically limited insert of such newspaper which insert is
47published throughout the taxing authority's jurisdiction at
48least twice each week. It is further the legislative intent that
49the newspaper selected be one of general interest and readership
50in the community and not one of limited subject matter, pursuant
51to chapter 50.
52     (a)  For taxing authorities other than school districts
53which have tentatively adopted a millage rate in excess of the
54millage rate limitation contained in s. 200.192, the
55advertisement shall be in the following form:
56
57
NOTICE OF PROPOSED TAX INCREASE IN EXCESS OF THE MILLAGE
58
LIMITATION
59
60     The   (name of the taxing authority)   has tentatively
61adopted a measure to increase its property tax levy in excess of
62the millage limitation imposed by statute.
63Last year's property tax levy:
64     A.  Initially proposed tax levy     $XX,XXX,XXX
65     B.  Less tax reductions due to Value Adjustment Board and
66other assessment changes     ($XX,XXX,XXX)
67     C.  Actual property tax levy     $XX,XXX,XXX
68This year's proposed tax levy  $XX,XXX,XXX
69     If this proposed tax increase in excess of the millage
70limitation is levied by less than the required supermajority
71vote, the   (name of taxing authority)   will lose state revenue
72sharing. Last year, the  (name of taxing authority)   received
73$XX,XXX,XXX from revenue sharing.
74     All concerned citizens are invited to attend a public
75hearing on the tax increase to be held on   (date and time)   at
76  (meeting place)   .
77     A FINAL DECISION on the proposed tax increase and the
78budget will be made at this hearing.
79     (b)(a)  For taxing authorities other than school districts
80which have tentatively adopted a millage rate in excess of 100
81percent of the rolled-back rate computed pursuant to subsection
82(1), but not in excess of the millage limitation contained in s.
83200.192, the advertisement shall be in the following form:
84
85
NOTICE OF PROPOSED TAX INCREASE
86
87     The   (name of the taxing authority)   has tentatively
88adopted a measure to increase its property tax levy.
89Last year's property tax levy:
90     A.  Initially proposed tax levy....$XX,XXX,XXX
91     B.  Less tax reductions due to Value Adjustment Board and
92other assessment changes....($XX,XXX,XXX)
93     C.  Actual property tax levy....$XX,XXX,XXX
94This year's proposed tax levy....$XX,XXX,XXX
95     All concerned citizens are invited to attend a public
96hearing on the tax increase to be held on   (date and time)   at
97  (meeting place)  .
98     A FINAL DECISION on the proposed tax increase and the
99budget will be made at this hearing.
100     (c)(b)  In all instances in which the provisions of
101paragraphs paragraph (a) and (b) are inapplicable for taxing
102authorities other than school districts, the advertisement shall
103be in the following form:
104
105
NOTICE OF BUDGET HEARING
106
107     The   (name of taxing authority)   has tentatively adopted
108a budget for   (fiscal year)  . A public hearing to make a FINAL
109DECISION on the budget AND TAXES will be held on   (date and
110time)   at   (meeting place)  .
111     (d)(c)  For school districts which have proposed a millage
112rate in excess of 100 percent of the rolled-back rate computed
113pursuant to subsection (1) and which propose to levy nonvoted
114millage in excess of the minimum amount required pursuant to s.
1151011.60(6), the advertisement shall be in the following form:
116
117
NOTICE OF PROPOSED TAX INCREASE
118
119     The   (name of school district)   will soon consider a
120measure to increase its property tax levy.
121Last year's property tax levy:
122     A.  Initially proposed tax levy....$XX,XXX,XXX
123     B.  Less tax reductions due to Value Adjustment Board and
124other assessment changes....($XX,XXX,XXX)
125     C.  Actual property tax levy....$XX,XXX,XXX
126This year's proposed tax levy....$XX,XXX,XXX
127     A portion of the tax levy is required under state law in
128order for the school board to receive $  (amount A)   in state
129education grants. The required portion has   (increased or
130decreased)   by   (amount B)   percent and represents
131approximately   (amount C)   of the total proposed taxes.
132     The remainder of the taxes is proposed solely at the
133discretion of the school board.
134     All concerned citizens are invited to a public hearing on
135the tax increase to be held on   (date and time)   at   (meeting
136place)  .
137     A DECISION on the proposed tax increase and the budget will
138be made at this hearing.
139
140     1.  AMOUNT A shall be an estimate, provided by the
141Department of Education, of the amount to be received in the
142current fiscal year by the district from state appropriations
143for the Florida Education Finance Program.
144     2.  AMOUNT B shall be the percent increase over the rolled-
145back rate necessary to levy only the required local effort in
146the current fiscal year, computed as though in the preceding
147fiscal year only the required local effort was levied.
148     3.  AMOUNT C shall be the quotient of required local-effort
149millage divided by the total proposed nonvoted millage, rounded
150to the nearest tenth and stated in words; however, the stated
151amount shall not exceed nine-tenths.
152     (e)(d)  For school districts which have proposed a millage
153rate in excess of 100 percent of the rolled-back rate computed
154pursuant to subsection (1) and which propose to levy as nonvoted
155millage only the minimum amount required pursuant to s.
1561011.60(6), the advertisement shall be the same as provided in
157paragraph (d) (c), except that the second and third paragraphs
158shall be replaced with the following paragraph:
159
160     This increase is required under state law in order for the
161school board to receive $  (amount A)   in state education
162grants.
163     (f)(e)  In all instances in which the provisions of
164paragraphs (d) (c) and (e) (d) are inapplicable for school
165districts, the advertisement shall be in the following form:
166
167
NOTICE OF BUDGET HEARING
168
169     The   (name of school district)   will soon consider a
170budget for   (fiscal year)  . A public hearing to make a
171DECISION on the budget AND TAXES will be held on   (date and
172time)   at   (meeting place)  .
173     (g)(f)  In lieu of publishing the notice set out in this
174subsection, the taxing authority may mail a copy of the notice
175to each elector residing within the jurisdiction of the taxing
176authority.
177     (h)(g)  In the event that the mailing of the notice of
178proposed property taxes is delayed beyond September 3 in a
179county, any multicounty taxing authority which levies ad valorem
180taxes within that county shall advertise its intention to adopt
181a tentative budget and millage rate in a newspaper of paid
182general circulation within that county, as provided in this
183subsection, and shall hold the hearing required pursuant to
184paragraph (2)(c) not less than 2 days or more than 5 days
185thereafter, and not later than September 18. The advertisement
186shall be in the following form, unless the proposed millage rate
187is less than or equal to the rolled-back rate, computed pursuant
188to subsection (1), in which case the advertisement shall be as
189provided in paragraph (f) (e):
190
191
NOTICE OF TAX INCREASE
192
193     The   (name of the taxing authority)   proposes to increase
194its property tax levy by   (percentage of increase over rolled-
195back rate)   percent.
196     All concerned citizens are invited to attend a public
197hearing on the proposed tax increase to be held on   (date and
198time)   at   (meeting place)  .
199     (i)(h)  In no event shall any taxing authority add to or
200delete from the language of the advertisements as specified
201herein unless expressly authorized by law, except that, if an
202increase in ad valorem tax rates will affect only a portion of
203the jurisdiction of a taxing authority, advertisements may
204include a map or geographical description of the area to be
205affected and the proposed use of the tax revenues under
206consideration. The advertisements required herein shall not be
207accompanied, preceded, or followed by other advertising or
208notices which conflict with or modify the substantive content
209prescribed herein.
210     (j)(i)  The advertisements required pursuant to paragraphs
211(c) (b) and (f) (e) need not be one-quarter page in size or have
212a headline in type no smaller than 18 point.
213     (k)(j)  The amounts to be published as percentages of
214increase over the rolled-back rate pursuant to this subsection
215shall be based on aggregate millage rates and shall exclude
216voted millage levies unless expressly provided otherwise in this
217subsection.
218     (l)(k)  Any taxing authority which will levy an ad valorem
219tax for an upcoming budget year but does not levy an ad valorem
220tax currently shall, in the advertisement specified in paragraph
221(a), paragraph (b) (a), paragraph (d) (c), paragraph (e) (d), or
222paragraph (h) (g), replace the phrase "increase its property tax
223levy by   (percentage of increase over rolled-back rate)  
224percent" with the phrase "impose a new property tax levy of $  
225(amount)   per $1,000 value."
226     (m)(l)  Any advertisement required pursuant to this section
227shall be accompanied by an adjacent notice meeting the budget
228summary requirements of s. 129.03(3)(b). Except for those taxing
229authorities proposing to levy ad valorem taxes for the first
230time, the following statement shall appear in the budget summary
231in boldfaced type immediately following the heading, if the
232applicable percentage is greater than zero:
233
234     THE PROPOSED OPERATING BUDGET EXPENDITURES OF   (name of
235taxing authority)   ARE   (percent rounded to one decimal place)
236  MORE THAN LAST YEAR'S TOTAL OPERATING EXPENDITURES.
237
238For purposes of this paragraph, "proposed operating budget
239expenditures" or "operating expenditures" means all moneys of
240the local government, including dependent special districts,
241that:
242     1.  Were or could be expended during the applicable fiscal
243year, or
244     2.  Were or could be retained as a balance for future
245spending in the fiscal year.
246
247Provided, however, those moneys held in or used in trust,
248agency, or internal service funds, and expenditures of bond
249proceeds for capital outlay or for advanced refunded debt
250principal, shall be excluded.
251     Section 2.  Section 200.192, Florida Statutes, is created
252to read:
253     200.192  Millage limitation; exception; form;
254application.--
255     (1)(a)  Ad valorem taxes may not be levied in excess of a
256millage rate equal to the rolled-back rate as defined in s.
257200.065, adjusted by the percentage change in the Consumer Price
258Index for all urban consumers, U.S. City Average, all items
2591982-1984=100, or successor reports for the 12-month period
260through June prior to the beginning of the fiscal year as
261initially reported by the United States Department of Labor,
262Bureau of Labor Statistics.
263     (b)  This subsection does not apply to taxing authorities
264that have levied ad valorem taxes for 5 years or less.
265     (2)(a)  For the fiscal year beginning October 1, 2007, ad
266valorem taxes may not be levied in excess of the maximum millage
267rate that would have resulted from application of subsection (1)
268if subsection (1) had been in effect beginning January 1, 2001,
269and had been applied each year up to and including the fiscal
270year beginning October 1, 2006.
271     (b)  A taxing authority that began levying ad valorem taxes
272after January 1, 1996, may not levy ad valorem taxes in excess
273of the maximum millage rate that would have resulted from
274application of subsection (1) if subsection (1) had been in
275effect in the sixth fiscal year in which the authority levied ad
276valorem taxes and had been applied up to and including the
277fiscal year beginning October 1, 2006.
278     (c)  This subsection does not apply to ad valorem taxes
279levied by:
280     1.  A children's services independent special district
281created pursuant to s. 125.901.
282     2.  A county that is considered a fiscally constrained
283county pursuant to s. 218.67 for the 2007-2008 fiscal year.
284     3.  A hospital district or health care district created
285pursuant to chapter 155 or by special act of the Legislature
286which, prior to July 1, 2007, contributed intergovernmental
287transfers to the Agency for Health Care Administration for the
288purpose of securing federal Title 19 matching funds for the
289following programs: low-income pool, disproportionate share
290program, hospital exemptions, or global liver fee.
291     4.  Any municipality located in a county that is considered
292a fiscally constrained county pursuant to s. 218.67 and any
293municipality located in a rural area of critical economic
294concern established pursuant to s. 288.0656 for the 2007-2008
295fiscal year.
296     (d)  The millage limitation provided in this subsection
297applicable to a county providing children's services, or
298providing indigent care pursuant to an operating agreement with
299a hospital or medical facility and for which annual contractual
300obligations have been made, may be increased by the millage rate
301necessary to generate the revenues dedicated to children's
302services or indigent care. However, for a county to which this
303paragraph applies, the millage rate limitation shall be
304determined by excluding from the calculation of each year's
305rolled-back rate under subsection (1) the taxes dedicated to
306children's services and indigent care, respectively, in the
307prior year.
308     (3)  Ad valorem taxes may be levied in excess of the
309limitations provided in this section upon approval by the
310affirmative vote of the greater of at least a majority plus one
311or two-thirds of the full membership of the governing body
312adopting the millage rate.
313     (4)(a)  A county or municipality that levies a millage rate
314in excess of the maximum millage provided in this section
315without complying with subsection (3) may not participate in the
316revenue sharing distributions provided for in s. 218.23(3)(e)
317and the local government half-cent sales tax distributions
318provided for in ss. 218.60-218.66 during the fiscal year
319immediately following the adoption of the excess millage rate.
320     (b)  A county or municipality subject to the provisions of
321paragraph (a) shall calculate, for the following year, the
322rolled-back rate to be used for purposes of subsection (1) using
323the taxes that would have been levied if the maximum millage
324allowed under subsection (1) had been adopted in the prior year.
325     (5)  The form provided to taxing authorities by the
326property appraiser pursuant to s. 200.065(1) must include
327instructions to each taxing authority describing the proper
328method of computing the maximum millage described in subsections
329(1) and (2).
330     (6)  This section does not apply to ad valorem taxes levied
331by school districts, levied for the payment of bonds issued
332pursuant to s. 12, Art. VII of the State Constitution, or levied
333for periods not longer than 2 years when authorized by a vote of
334the electors.
335     Section 3.  Paragraphs (c) and (d) of subsection (3) of
336section 373.536, Florida Statutes, are amended to read:
337     373.536  District budget and hearing thereon.--
338     (3)  BUDGET HEARINGS AND WORKSHOPS; NOTICE.--
339     (c)  The tentative budget shall be adopted in accordance
340with the provisions of s. 200.065; however, if the mailing of
341the notice of proposed property taxes is delayed beyond
342September 3 in any county in which the district lies, the
343district shall advertise its intention to adopt a tentative
344budget and millage rate, pursuant to s. 200.065(3)(h)(g), in a
345newspaper of general paid circulation in that county.
346     (d)  As provided in s. 200.065(2)(d), the board shall
347publish one or more notices of its intention to adopt a final
348budget for the district for the ensuing fiscal year. The notice
349shall appear adjacent to an advertisement that sets forth the
350tentative budget in a format meeting the budget summary
351requirements of s. 129.03(3)(b). The district shall not include
352expenditures of federal special revenues and state special
353revenues when preparing the statement required by s.
354200.065(3)(m)(l). The notice and advertisement shall be
355published in one or more newspapers having a combined general
356paid circulation in each county in which the district lies.
357Districts may include explanatory phrases and examples in budget
358advertisements published under s. 200.065 to clarify or
359illustrate the effect that the district budget may have on ad
360valorem taxes.
361     Section 4.  Notwithstanding the provisions of any general
362or special law, if any provision of general or special law
363conflicts with the provisions of this act, the provisions of
364this act shall preempt, control, and supersede such provision of
365general or special law to the extent of the conflict.
366     Section 5.  This act shall take effect July 1, 2007.


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