Current through Reg. 50, No. 187; September 24, 2024
(1) It is the responsibility of the taxing
authority to notify the Department, at the address stated in this rule chapter,
of its name, mailing address, and the name of the person or official who is to
receive all Truth in Millage ("TRIM") correspondence. The Department may use
the address on file by May 1 of each year in sending out any forms and
associated correspondence by June 1 of that year.
(2) Compliance with this rule chapter shall
be necessary in order for a taxing authority to be considered in compliance
with Section 200.065, F.S. For purposes of
this rule chapter, the certification date, which shall be day 1, shall be the
date of certification of the taxable value by the property appraiser on Form
DR-420, or July 1, whichever is later.
(3) A taxing authority other than a school
district must:
(a) Compute a proposed millage
rate using not less than 95 percent of the taxable value certified to it
pursuant to Section 200.065(1),
F.S. For purposes of the calculation of the proposed millage rate by a special
district, the determination by the Department of Commerce pursuant to Chapter
189, F.S., of the dependent or independent status of the district shall be
prima facie evidence of such status. Principal taxing authorities (counties and
cities) shall use 95 percent of the taxable value in each district or unit in
which a millage is levied. Multicounty taxing authorities shall use 95 percent
of the taxable value within their jurisdiction in each county in which the
millage is levied.
(b) Advise the
property appraiser, on Form DR-420, of its proposed millage rate, of its
rolled-back rate computed pursuant to Section
200.065(1),
F.S., and of the date, time and place at which a public hearing will be held to
consider the proposed millage rate and the tentative budget. This advisement
shall be made within 35 days of the certification date. If the taxing authority
fails to timely provide such information, as required by Section
200.065(2)(b),
F.S., it shall be prohibited from levying a millage rate greater than the
rolled-back rate. One Form DR-420 shall be prepared for operating millage for
each county, each special district, each municipality, and each taxing
authority subordinate to a county or municipality. For each multicounty taxing
authority, one Form DR-420 shall be prepared for each county in which the
operating millage is levied. The property appraiser is required to mail the
notice of proposed property taxes, the TRIM notice, within 55 days after the
certification date. This notice serves as the notice of the tentative millage
and budget hearing.
(c) Hold a
public hearing on the tentative millage rate and budget, on or after 10 days
after the mailing of the TRIM notice and within 80 days after the certification
date, scheduled as required by Section 200.065(2)(e)2., F.S.
(d) Advertise whenever possible, in a
newspaper published in the county at least weekly unless the only newspaper in
the county is published less than weekly or in a geographically limited insert
of the newspaper published at least twice weekly and the circulation of such
insert includes the geographic boundaries of the taxing authority. Instead of
the published notice, the taxing authority may send by mail to each elector
residing in the jurisdiction of the taxing authority, in the form provided in
Section 200.065(3),
F.S., notice of its intent to adopt a final millage and budget. The
advertisement must appear within 15 days of the hearing adopting the tentative
millage and budget. The form generally provides that the notice must consist of
a notice of tax increase or notice of proposed tax increase advertisement or
notice of budget hearing advertisement and an adjacent budget summary
advertisement. If published in the print edition of the newspaper as provided
in Section 200.065(3),
F.S., the hearing advertisement must not be placed in the legal notices or
classified advertisements section of the newspaper. Otherwise, the
advertisement must be published as provided in Chapter 50, F.S.
(e) Hold the final budget hearing on or after
2 days and within 5 days from the day the advertisements are first published,
scheduled as required by Section 200.065(2)(e)2., F.S. In the event that this
hearing is rescheduled or recessed, the taxing authority must publish a notice
of the rescheduled date of the hearing as required by Section 200.065(2)(e)2.,
F.S. If published in the print edition of the newspaper as provided in Section
200.065(3),
F.S., the recessed hearing advertisement must not be placed in the legal
notices or classified advertisements section of the newspaper. Otherwise, the
advertisement must be published as provided in Chapter 50, F.S.
(f) Certify the adopted millage to the
property appraiser and the tax collector, submitting copies of the resolutions
or ordinances. These submissions shall be made within 3 days from the date of
the final budget hearing and thus within 101 days of the certification
date.
(g) Execute the Certification
of Final Taxable Value, Form DR-422, showing the adopted millage rate and
return it to the property appraiser, tax collector, and the Department within 3
days from receipt of the certification from the property appraiser. In the
event variance in taxable value so certified for municipalities, counties, and
water management districts is more than 1 percent from that initially certified
by the property appraiser on the Certification of Taxable Value, Form DR-420,
then as provided by Section
200.065(5),
F.S., the municipality, county or water management district may
administratively adjust its adopted millage rate without a public hearing. Any
other taxing authority, except a school district, may administratively adjust
its millage if the taxable value is at variance by more than 3 percent. The
adjustment shall be such that the taxes computed by applying the adopted rate
against the certified taxable value are equal to the taxes computed by applying
the adjusted adopted rate to taxable value on the roll to be extended. No
adjustment shall be made to levies required by law to be a specific millage
amount.
(h) Certify compliance with
Chapter 200, F.S., to the Department, on Form DR-487, within 30 days after
adoption of the ordinance or resolution establishing a property tax millage
levy, as provided elsewhere in this rule chapter.
(4) A school district must:
(a) Compute a proposed millage rate using not
less than 95 per cent of the taxable value certified to it pursuant to Section
200.065(1),
F.S.
(b) Prepare, through the
superintendent, and submit the tentative budget to the school board, and the
school board shall approve or amend the tentative budget for advertising,
within 24 days after the certification date, in accordance with Section
200.065(2)(a)3. and Chapter 1011, F.S.
(c) Advertise whenever possible, the
tentative millage and budget hearing in a newspaper in the county published at
least weekly unless the only newspaper in the county is published less than
weekly or in a geographically limited insert of the newspaper if the insert is
published at least twice weekly and the circulation of such insert includes the
geographic boundaries of the taxing authority. Instead of the published notice,
the taxing authority may send by mail to each elector residing in the
jurisdiction of the taxing authority, in the form provided in Section
200.065(3),
F.S., within 29 days after the certification date notice of its intent to
tentatively adopt a millage and budget. The form generally provides that the
notice must consist of a notice of proposed tax increase advertisement or
notice of budget hearing advertisement and an adjacent budget summary
advertisement as provided in Section
200.065(3),
F.S. If published in the print edition of the newspaper as provided in Section
200.065(3),
F.S., the advertisement must not be placed in the legal notices or classified
advertisements section of the newspaper. The school district must also publish
a Notice of Tax for School Capital Outlay advertisement, as required by Section
200.065(10)(a),
F.S., if applicable. Otherwise, the advertisement must be published as provided
in Chapter 50, F.S.
(d) Hold the
tentative budget hearing on or after 2 days and within 5 days from the day the
advertisement is first published, scheduled as required by Section
200.065(2)(e)2., F.S. Therefore, the tentative budget hearing shall be held
within 34 days from the certification date.
(e) Advise the property appraiser, on Form
DR-420S, of its proposed millage rate within 35 days of the certification date.
The property appraiser is required to mail the notice of proposed property
taxes, the TRIM notice, within 55 days of the certification date. This notice
serves as the notice of the final millage and budget hearing.
(f) Hold a public hearing on the final
millage rate and budget on or after 10 days after the mailing and within 80
days of the certification date, scheduled as required by Section
200.065(2)(e)2., F.S. In the event that this hearing is rescheduled or
recessed, the taxing authority must publish a notice of the rescheduled date of
the hearing as required by Section 200.065(2)(e)2., F.S. If published in the
print edition of the newspaper, as provided by Section
200.065(3),
F.S., the recessed hearing advertisement must not be placed in the legal
notices or classified advertisements section of the newspaper.
(g) Certify the adopted millage to the
property appraiser and the tax collector. These submissions shall be made
within 3 days from the date of the hearing, and thus within 101 days of the
certification date.
(h) Execute the
Certification of Final Taxable Value, Form DR-422, showing the adopted millage
rate and return it to the property appraiser, tax collector, and the Department
within 3 days from receipt of the certification from the property appraiser. In
the event variance in taxable value so certified is more than 1 percent from
that initially certified by the property appraiser on the Certification of
Taxable Value, Form DR-420, then as provided by Section
200.065(5),
F.S., the school district may administratively adjust its adopted millage rate
without a public hearing. The adjustment shall be such that the taxes computed
by applying the adopted rate against the certified taxable value are equal to
the taxes computed by applying the adjusted adopted rate to taxable value on
the roll to be extended. No adjustment shall be made to levies required by law
to be a specific millage amount.
(i) Certify compliance with Chapter 200,
F.S., to the Department, on Form DR-487, within 30 days following adoption of
the ordinance or resolution establishing a property tax millage levy, as
provided in this rule chapter.
Rulemaking Authority
195.027(1),
218.26(1) FS.
Law Implemented 129.03,
195.002,
200.065,
200.068,
218.21,
218.23,
218.63
FS.
New 6-20-91, Amended 1-11-94, 4-18-94, 12-27-94, 12-25-96,
12-31-98, 6-13-22.