Florida 2025 Regular Session

Florida House Bill H0787 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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1414 A bill to be entitled 1
1515 An act relating to revenues from ad valorem taxes; 2
1616 amending s. 200.065, F.S.; revising how the rolled 3
1717 back rate is calculated; limiting the maximum millage 4
1818 rate that may be levied; prohibiting a higher rate 5
1919 from being levied; requiring revenues collected in 6
2020 excess of a certain amount to be disposed of in a 7
2121 specified manner; providing an effective date. 8
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2323 Be It Enacted by the Legislature of the State of Florida: 10
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2525 Section 1. Subsections (1) and (5) of section 200.065, 12
2626 Florida Statutes, are amended to read: 13
2727 200.065 Method of fixing millage. — 14
2828 (1) Upon completion of the assessment of all property 15
2929 pursuant to s. 193.023, the property appraiser shall certify to 16
3030 each taxing authority the taxable value within the jurisdiction 17
3131 of the taxing authority. This certification shall include a copy 18
3232 of the statement required to be submitted under s. 195.073(3), 19
3333 as applicable to that taxing authority. The form on which the 20
3434 certification is made shall include instructions to each taxing 21
3535 authority describing the proper method of computing a millage 22
3636 rate which, inclusive exclusive of new construction, additions 23
3737 to structures, deletions, increases in the value of improvements 24
3838 that have undergone a substantial rehabilitation which increased 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 the assessed value of such improvements by at least 100 percent, 26
5252 property added due to geographic boundary changes, total taxable 27
5353 value of tangible personal property within the jurisdiction in 28
5454 excess of 115 percent of the previous year's total taxable 29
5555 value, and any dedicated increment value, will provide the same 30
5656 ad valorem tax revenue for each taxing authority as was levied 31
5757 during the prior year less the amount, if any, paid or applied 32
5858 as a consequence of an obligation measured by the dedicated 33
5959 increment value. That millage rate shall be known as the 34
6060 "rolled-back rate." The property appraiser shall also include 35
6161 instructions, as prescribed by the Department of Revenue, to 36
6262 each county and municipa lity, each special district dependent to 37
6363 a county or municipality, each municipal service taxing unit, 38
6464 and each independent special district describing the proper 39
6565 method of computing the millage rates and taxes levied as 40
6666 specified in subsection (5). The De partment of Revenue shall 41
6767 prescribe the instructions and forms that are necessary to 42
6868 administer this subsection and subsection (5). The information 43
6969 provided pursuant to this subsection shall also be sent to the 44
7070 tax collector by the property appraiser at th e time it is sent 45
7171 to each taxing authority. 46
7272 (5) In each fiscal year: 47
7373 (a) The maximum millage rate that a county, municipality, 48
7474 special district dependent to a county or municipality, 49
7575 municipal service taxing unit, or independent special district 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 may levy is 102 percent of the a rolled-back rate based on the 51
8989 amount of taxes which would have been levied in the prior year 52
9090 if the maximum millage rate had been applied, adjusted for 53
9191 change in per capita Florida personal income, unless a higher 54
9292 rate was adopted, in which case the maximum is the adopted rate . 55
9393 The maximum millage rate applicable to a county authorized to 56
9494 levy a county public hospital surtax under s. 212.055 and which 57
9595 did so in fiscal year 2007 shall exclude the revenues required 58
9696 to be contributed to the county public general hospital in the 59
9797 current fiscal year for the purposes of making the maximum 60
9898 millage rate calculation, but shall be added back to the maximum 61
9999 millage rate allowed after the roll back has been applied, the 62
100100 total of which shall be considered the maximum millage rate for 63
101101 such a county for purposes of this subsection. The revenue 64
102102 required to be contributed to the county public general hospital 65
103103 for the upcoming fiscal year shall be calculated as 11.873 66
104104 percent times the millage rate l evied for countywide purposes in 67
105105 fiscal year 2007 times 95 percent of the preliminary tax roll 68
106106 for the upcoming fiscal year. A higher rate may not be adopted 69
107107 only under the following conditions: 70
108108 1. A rate of not more than 110 percent of the rolled -back 71
109109 rate based on the previous year's maximum millage rate, adjusted 72
110110 for change in per capita Florida personal income, may be adopted 73
111111 if approved by a two -thirds vote of the membership of the 74
112112 governing body of the county, municipality, or independent 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 district; or 76
126126 2. A rate in excess of 110 percent may be adopted if 77
127127 approved by a unanimous vote of the membership of the governing 78
128128 body of the county, municipality, or independent district or by 79
129129 a three-fourths vote of the membership of the governing body if 80
130130 the governing body has nine or more members, or if the rate is 81
131131 approved by a referendum . 82
132132 (b) The millage rate of a county or municipality, 83
133133 municipal service taxing unit of that county, and any special 84
134134 district dependent to that county or municipality may excee d the 85
135135 maximum millage rate calculated pursuant to this subsection if 86
136136 the total county ad valorem taxes levied or total municipal ad 87
137137 valorem taxes levied do not exceed the maximum total county ad 88
138138 valorem taxes levied or maximum total municipal ad valorem ta xes 89
139139 levied respectively. Voted millage and taxes levied by a 90
140140 municipality or independent special district that has levied ad 91
141141 valorem taxes for less than 5 years are not subject to this 92
142142 limitation. The millage rate of a county authorized to levy a 93
143143 county public hospital surtax under s. 212.055 may exceed the 94
144144 maximum millage rate calculated pursuant to this subsection to 95
145145 the extent necessary to account for the revenues required to be 96
146146 contributed to the county public hospital. Total taxes levied 97
147147 may exceed the maximum calculated pursuant to subsection (6) as 98
148148 a result of an increase in taxable value above that certified in 99
149149 subsection (1) if such increase is less than the percentage 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 amounts contained in subsection (6) or if the administrative 101
163163 adjustment cannot be made because the value adjustment board is 102
164164 still in session at the time the tax roll is extended; 103
165165 otherwise, millage rates subject to this subsection may be 104
166166 reduced so that total taxes levied do not exceed the maximum. In 105
167167 the event any taxing authority co llects ad valorem revenues in 106
168168 excess of 102 percent of the rolled back rate, such excess 107
169169 amount must be returned to the taxpayers on a prorated basis, or 108
170170 must be used to pay down debt. 109
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172172 Any unit of government operating under a home rule charter 111
173173 adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State 112
174174 Constitution of 1885, as preserved by s. 6(e), Art. VIII of the 113
175175 State Constitution, which is granted the authority in the State 114
176176 Constitution to exercise all the powers conferred now or 115
177177 hereafter by general law upon municipalities and which exercises 116
178178 such powers in the unincorporated area shall be recognized as a 117
179179 municipality under this subsection. For a downtown development 118
180180 authority established before the effective date of the State 119
181181 Constitution which has a millage that must be approved by a 120
182182 municipality, the governing body of that municipality shall be 121
183183 considered the governing body of the downtown development 122
184184 authority for purposes of this subsection. 123
185185 Section 2. This act shall take effect July 1, 2025. 124