Florida 2022 Regular Session

Florida House Bill H0777 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to local tax referenda requirements; 2
1616 amending ss. 125.0104, 125.0108, and 125.901, F.S.; 3
1717 requiring referenda elections related to tourist 4
1818 development taxes, tourist impact taxes, and 5
1919 children's services and independent special district 6
2020 property taxes to be held on the day of a general 7
2121 election; amending ss. 200.091 and 200.101, F.S.; 8
2222 requiring referenda elections related to increases in 9
2323 county and municipal ad valorem tax millages to be 10
2424 held on the day of a general election; amending s. 11
2525 336.021, F.S.; requiring referenda elections related 12
2626 to the ninth-cent fuel tax to be held on the day of a 13
2727 general election; amending s. 336.025, F.S.; requir ing 14
2828 referenda elections related to local option fuel taxes 15
2929 to be held on the day of a general election; amending 16
3030 s. 1011.73, F.S.; requiring referenda elections 17
3131 related to certain school district millage elections 18
3232 to be held on the day of a general electio n; providing 19
3333 an effective date. 20
3434 21
3535 Be It Enacted by the Legislature of the State of Florida: 22
3636 23
3737 Section 1. Paragraphs (a) and (b) of subsection (6) of 24
3838 section 125.0104, Florida Statutes, are amended to read: 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 125.0104 Tourist development tax; procedur e for levying; 26
5252 authorized uses; referendum; enforcement. — 27
5353 (6) REFERENDUM.— 28
5454 (a) No ordinance enacted by any county levying the tax 29
5555 authorized by paragraphs (3)(b) and (c) shall take effect until 30
5656 the ordinance levying and imposing the tax has been approv ed in 31
5757 a referendum held at a general election, as defined in s. 32
5858 97.021, by a majority of the electors voting in such election in 33
5959 the county or by a majority of the electors voting in the 34
6060 subcounty special tax district affected by the tax. 35
6161 (b) The governing board of the county levying the tax 36
6262 shall arrange to place a question on the ballot at a general the 37
6363 next regular or special election, as defined in s. 97.021, to be 38
6464 held within the county, which question shall be in substantially 39
6565 the following form as follows: 40
6666 ....FOR the Tourist Development Tax 41
6767 ....AGAINST the Tourist Development Tax. 42
6868 Section 2. Subsection (5) of section 125.0108, Florida 43
6969 Statutes, is amended to read: 44
7070 125.0108 Areas of critical state concern; tourist impact 45
7171 tax.— 46
7272 (5) The tourist impact tax authorized by this section 47
7373 shall take effect only upon express approval by a majority vote 48
7474 of those qualified electors in the area or areas of critical 49
7575 state concern in the county seeking to levy such tax, voting in 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 a referendum to be held by the governing board of such county in 51
8989 conjunction with a general or special election, as defined in s. 52
9090 97.021, in accordance with the provisions of law relating to 53
9191 elections currently in force . However, if the area or areas of 54
9292 critical state concern are greater than 50 percent of the land 55
9393 area of the county and the tax is to be imposed throughout the 56
9494 entire county, the tax shall take effect only upon express 57
9595 approval of a majority of the qualified electors of the county 58
9696 voting in such a referendum. 59
9797 Section 3. Subsection (1) of section 125.901, Florida 60
9898 Statutes, is amended to read: 61
9999 125.901 Children's services; independent special district; 62
100100 council; powers, duties, and functions; public records 63
101101 exemption.— 64
102102 (1) Each county may by ordinance create an independent 65
103103 special district, as defined in ss. 189.012 and 200.001(8)(e), 66
104104 to provide funding for children's services throughout the county 67
105105 in accordance with this section. The boundaries of such district 68
106106 shall be coterminous with the boundaries of the county. The 69
107107 county governing body shall obtain approval at a general 70
108108 election, as defined in s. 97.021 , by a majority vote of those 71
109109 electors voting on the question, to annually levy ad valorem 72
110110 taxes which shall not exceed the maximum millage rate authorized 73
111111 by this section. Any district created pursuant to the provisions 74
112112 of this subsection shall be required to levy and fix millage 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 subject to the provisions of s. 200.065. Once such millage is 76
126126 approved by the electorat e, the district shall not be required 77
127127 to seek approval of the electorate in future years to levy the 78
128128 previously approved millage. 79
129129 (a) The governing body of the district shall be a council 80
130130 on children's services, which may also be known as a juvenile 81
131131 welfare board or similar name as established in the ordinance by 82
132132 the county governing body. Such council shall consist of 10 83
133133 members, including: the superintendent of schools; a local 84
134134 school board member; the district administrator from the 85
135135 appropriate district of the Department of Children and Families, 86
136136 or his or her designee who is a member of the Senior Management 87
137137 Service or of the Selected Exempt Service; one member of the 88
138138 county governing body; and the judge assigned to juvenile cases 89
139139 who shall sit as a vo ting member of the board, except that said 90
140140 judge shall not vote or participate in the setting of ad valorem 91
141141 taxes under this section. If there is more than one judge 92
142142 assigned to juvenile cases in a county, the chief judge shall 93
143143 designate one of said juveni le judges to serve on the board. The 94
144144 remaining five members shall be appointed by the Governor, and 95
145145 shall, to the extent possible, represent the demographic 96
146146 diversity of the population of the county. After soliciting 97
147147 recommendations from the public, the co unty governing body shall 98
148148 submit to the Governor the names of at least three persons for 99
149149 each vacancy occurring among the five members appointed by the 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 Governor, and the Governor shall appoint members to the council 101
163163 from the candidates nominated by the cou nty governing body. The 102
164164 Governor shall make a selection within a 45 -day period or 103
165165 request a new list of candidates. All members appointed by the 104
166166 Governor shall have been residents of the county for the 105
167167 previous 24-month period. Such members shall be appoin ted for 4-106
168168 year terms, except that the length of the terms of the initial 107
169169 appointees shall be adjusted to stagger the terms. The Governor 108
170170 may remove a member for cause or upon the written petition of 109
171171 the county governing body. If any of the members of the c ouncil 110
172172 required to be appointed by the Governor under the provisions of 111
173173 this subsection shall resign, die, or be removed from office, 112
174174 the vacancy thereby created shall, as soon as practicable, be 113
175175 filled by appointment by the Governor, using the same method as 114
176176 the original appointment, and such appointment to fill a vacancy 115
177177 shall be for the unexpired term of the person who resigns, dies, 116
178178 or is removed from office. 117
179179 (b) However, any county as defined in s. 125.011(1) may 118
180180 instead have a governing body consist ing of 33 members, 119
181181 including: the superintendent of schools, or his or her 120
182182 designee; two representatives of public postsecondary education 121
183183 institutions located in the county; the county manager or the 122
184184 equivalent county officer; the district administrator f rom the 123
185185 appropriate district of the Department of Children and Families, 124
186186 or the administrator's designee who is a member of the Senior 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 Management Service or the Selected Exempt Service; the director 126
200200 of the county health department or the director's designe e; the 127
201201 state attorney for the county or the state attorney's designee; 128
202202 the chief judge assigned to juvenile cases, or another juvenile 129
203203 judge who is the chief judge's designee and who shall sit as a 130
204204 voting member of the board, except that the judge may not vote 131
205205 or participate in setting ad valorem taxes under this section; 132
206206 an individual who is selected by the board of the local United 133
207207 Way or its equivalent; a member of a locally recognized faith -134
208208 based coalition, selected by that coalition; a member of the 135
209209 local chamber of commerce, selected by that chamber or, if more 136
210210 than one chamber exists within the county, a person selected by 137
211211 a coalition of the local chambers; a member of the early 138
212212 learning coalition, selected by that coalition; a representative 139
213213 of a labor organization or union active in the county; a member 140
214214 of a local alliance or coalition engaged in cross -system 141
215215 planning for health and social service delivery in the county, 142
216216 selected by that alliance or coalition; a member of the local 143
217217 Parent-Teachers Association/Parent-Teacher-Student Association, 144
218218 selected by that association; a youth representative selected by 145
219219 the local school system's student government; a local school 146
220220 board member appointed by the chair of the school board; the 147
221221 mayor of the county or the mayor's designee; one member of the 148
222222 county governing body, appointed by the chair of that body; a 149
223223 member of the state Legislature who represents residents of the 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 county, selected by the chair of the local legislative 151
237237 delegation; an elected official rep resenting the residents of a 152
238238 municipality in the county, selected by the county municipal 153
239239 league; and 4 members -at-large, appointed to the council by the 154
240240 majority of sitting council members. The remaining 7 members 155
241241 shall be appointed by the Governor in acc ordance with procedures 156
242242 set forth in paragraph (a), except that the Governor may remove 157
243243 a member for cause or upon the written petition of the council. 158
244244 Appointments by the Governor must, to the extent reasonably 159
245245 possible, represent the geographic and demog raphic diversity of 160
246246 the population of the county. Members who are appointed to the 161
247247 council by reason of their position are not subject to the 162
248248 length of terms and limits on consecutive terms as provided in 163
249249 this section. The remaining appointed members of th e governing 164
250250 body shall be appointed to serve 2 -year terms, except that those 165
251251 members appointed by the Governor shall be appointed to serve 4 -166
252252 year terms, and the youth representative and the legislative 167
253253 delegate shall be appointed to serve 1 -year terms. A member may 168
254254 be reappointed; however, a member may not serve for more than 169
255255 three consecutive terms. A member is eligible to be appointed 170
256256 again after a 2-year hiatus from the council. 171
257257 (c) This subsection does not prohibit a county from 172
258258 exercising such power as is provided by general or special law 173
259259 to provide children's services or to create a special district 174
260260 to provide such services. 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 Section 4. Section 200.091, Florida Statutes, is amended 176
274274 to read: 177
275275 200.091 Referendum to increase millage. —The millage 178
276276 authorized to be levied in s. 200.071 for county purposes, 179
277277 including dependent districts therein, may be increased for 180
278278 periods not exceeding 2 years, provided such levy has been 181
279279 approved by majority vote of the qualified electors in the 182
280280 county or district vo ting in a general an election, as defined 183
281281 in s. 97.021, called for such purpose. Such an election may be 184
282282 called by the governing body of any such county or district on 185
283283 its own motion and shall be called upon submission of a petition 186
284284 specifying the amount o f millage sought to be levied and the 187
285285 purpose for which the proceeds will be expended and containing 188
286286 the signatures of at least 10 percent of the persons qualified 189
287287 to vote in such election, signed within 60 days prior to the 190
288288 date the petition is filed. 191
289289 Section 5. Section 200.101, Florida Statutes, is amended 192
290290 to read: 193
291291 200.101 Referendum for millage in excess of limits. —The 194
292292 qualified electors of a municipality may , by majority vote at a 195
293293 general election, as defined in s. 97.021, of those voting 196
294294 approve an increase of millage above those limits imposed by s. 197
295295 200.081 in a referendum called for such purpose by the governing 198
296296 body of the municipality, but the period of such increase may 199
297297 not exceed 2 years. Such referendum also may be initiated by 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 submission of a petition to the governing body of the 201
311311 municipality containing the signatures of 10 percent of those 202
312312 persons eligible to vote in such referendum, which signatures 203
313313 were affixed to the petition within 60 days prior to its 204
314314 submission. 205
315315 Section 6. Paragraph (a) of subsection (4) of section 206
316316 336.021, Florida Statutes, is amended to read: 207
317317 336.021 County transportation system; levy of ninth -cent 208
318318 fuel tax on motor fuel and diesel fuel. — 209
319319 (4)(a)1. A certified copy of the ordinance proposing to 210
320320 levy the tax pursuant to referendum shall be furnished by the 211
321321 county to the department within 10 days after approval of such 212
322322 ordinance. 213
323323 2. A referendum under this subsection shall be held only 214
324324 at a general election, as defined in s. 97.021. 215
325325 3. Furthermore, The county levying the tax pursuant to 216
326326 referendum shall notify the department within 10 days after the 217
327327 passage of the referendum of such passage and of the time period 218
328328 during which the tax will be levied. The failure to furnish the 219
329329 certified copy will not invalid ate the passage of the ordinance. 220
330330 Section 7. Paragraph (b) of subsection (1) and paragraph 221
331331 (b) of subsection (3) of section 336.025, Florida Statutes, are 222
332332 amended to read: 223
333333 336.025 County transportation system; levy of local option 224
334334 fuel tax on motor fuel and diesel fuel. — 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 (1) 226
348348 (b) In addition to other taxes allowed by law, there may 227
349349 be levied as provided in s. 206.41(1)(e) a 1 -cent, 2-cent, 3-228
350350 cent, 4-cent, or 5-cent local option fuel tax upon every gallon 229
351351 of motor fuel sold in a county and taxed unde r the provisions of 230
352352 part I of chapter 206. The tax shall be levied by an ordinance 231
353353 adopted by a majority plus one vote of the membership of the 232
354354 governing body of the county or by referendum. A referendum 233
355355 under this subsection shall be held only at a genera l election, 234
356356 as defined in s. 97.021. 235
357357 1. All impositions and rate changes of the tax shall be 236
358358 levied before October 1, to be effective January 1 of the 237
359359 following year. However, levies of the tax which were in effect 238
360360 on July 1, 2002, and which expire on Au gust 31 of any year may 239
361361 be reimposed at the current authorized rate provided the tax is 240
362362 levied before July 1 and is effective September 1 of the year of 241
363363 expiration. 242
364364 2. The county may, prior to levy of the tax, establish by 243
365365 interlocal agreement with one o r more municipalities located 244
366366 therein, representing a majority of the population of the 245
367367 incorporated area within the county, a distribution formula for 246
368368 dividing the entire proceeds of the tax among county government 247
369369 and all eligible municipalities within t he county. If no 248
370370 interlocal agreement is adopted before the effective date of the 249
371371 tax, tax revenues shall be distributed pursuant to the 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 provisions of subsection (4). If no interlocal agreement exists, 251
385385 a new interlocal agreement may be established prior to June 1 of 252
386386 any year pursuant to this subparagraph. However, any interlocal 253
387387 agreement agreed to under this subparagraph after the initial 254
388388 levy of the tax or change in the tax rate authorized in this 255
389389 section shall under no circumstances materially or adverse ly 256
390390 affect the rights of holders of outstanding bonds which are 257
391391 backed by taxes authorized by this paragraph, and the amounts 258
392392 distributed to the county government and each municipality shall 259
393393 not be reduced below the amount necessary for the payment of 260
394394 principal and interest and reserves for principal and interest 261
395395 as required under the covenants of any bond resolution 262
396396 outstanding on the date of establishment of the new interlocal 263
397397 agreement. 264
398398 3. County and municipal governments shall use moneys 265
399399 received pursuant to this paragraph for transportation 266
400400 expenditures needed to meet the requirements of the capital 267
401401 improvements element of an adopted comprehensive plan or for 268
402402 expenditures needed to meet immediate local transportation 269
403403 problems and for other transportati on-related expenditures that 270
404404 are critical for building comprehensive roadway networks by 271
405405 local governments. For purposes of this paragraph, expenditures 272
406406 for the construction of new roads, the reconstruction or 273
407407 resurfacing of existing paved roads, or the pa ving of existing 274
408408 graded roads shall be deemed to increase capacity and such 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 projects shall be included in the capital improvements element 276
422422 of an adopted comprehensive plan. Expenditures for purposes of 277
423423 this paragraph shall not include routine maintenance o f roads. 278
424424 (3) The tax authorized pursuant to paragraph (1)(a) shall 279
425425 be levied using either of the following procedures: 280
426426 (b) If no interlocal agreement or resolution is adopted 281
427427 pursuant to subparagraph (a)1. or subparagraph (a)2., 282
428428 municipalities represen ting more than 50 percent of the county 283
429429 population may, prior to June 20, adopt uniform resolutions 284
430430 approving the local option tax, establishing the duration of the 285
431431 levy and the rate authorized in paragraph (1)(a), and setting 286
432432 the date for a countywide ref erendum on whether to levy the tax. 287
433433 A referendum under this subsection shall be held only at a 288
434434 general election, as defined in s. 97.021 shall be held in 289
435435 accordance with the provisions of such resolution and applicable 290
436436 state law, provided that the county s hall bear the costs 291
437437 thereof. The tax shall be levied and collected countywide on 292
438438 January 1 following 30 days after voter approval. 293
439439 Section 8. Subsection (3) of section 1011.73, Florida 294
440440 Statutes, is amended to read: 295
441441 1011.73 District millage elections. — 296
442442 (3) HOLDING ELECTIONS. —All school district millage 297
443443 elections shall be held and conducted in the manner prescribed 298
444444 by law for holding general elections, except as provided in this 299
445445 chapter. A referendum under this part shall be held only at a 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 general election, as defined in s. 97.021. 301
459459 Section 9. This act shall take effect October 1, 2022. 302