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02/01/2022 (4)
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02/01/2022 (4)
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Last modified
6/20/2022 11:58:35 AM
Creation date
6/17/2022 1:05:31 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/01/2022
Meeting Body
Board of County Commissioners
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Memorandum <br />Bonds with Additional Property Tax Authority for Operations <br />A single ballot question may authorize bonding authority and a millage levy, the excess of which <br />can be used for operations and maintenance. The portion of the voted millage necessary to pay <br />debt service must be treated as debt service millage and the excess portion must be treated as <br />general millage. The portion treated as general millage must be included within the millage levied <br />under the county or municipal 10 -mill limitation." <br />The statutory authority comes from F.S. 200.18: <br />"200.18 Bond payments; tax levies; restrictions.— <br />(1) None of the provisions of this chapter or of any other law, whether general, special <br />or local or of the charter of any municipality or county, shall limit or restrict the rate or the <br />amount of the ad valorem taxes levied for the payment of the principal of and the interest <br />on any debt service whether secured by revenue certificates or by bonds for which the <br />full faith and credit of any county, municipality or taxing district may be pledged, and such <br />taxes shall be in addition to all other taxes authorized or limited by law. <br />(2) Nothing in this section shall prevent any municipality, county or school board from <br />levying at least 5 mills of ad valorem tax during any fiscal year. <br />(3) A county or municipality may levy voted millage at the maximum millage rate <br />approved by referendum even if the levy would raise revenue in excess of that necessary <br />for debt service as authorized by a vote of the electors pursuant to s. 12, Art. VII of the <br />State Constitution. The county or municipality may use the surplus revenue for any lawful <br />purpose solely related to the capital project for which the voted millage was approved, <br />including operations and maintenance. For purposes of this chapter, the portion of the <br />voted millage necessary to pay debt service must be treated as debt service millage and <br />the excess portion must be treated as general millage. The portion treated as general <br />millage must be included within the millage levied under the county or municipal 10 -mill <br />limita tion. " <br />Examples of bonds and operations backed by property tax <br />Voters in Miami -Dade County used this authority and approved an ad valorem tax of 0.075 mills <br />for a two-year period from 1990 to 1992 to fund the acquisition, protection and maintenance of <br />environmentally endangered lands. A total of $90 million was raised for land acquisition. The <br />county established an Environmentally Endangered Lands (EEL) program to administer the funds <br />and set aside $10 million of the $90 million to pay for site management. Each year, the interest <br />from this $10 million is used to secure, restore, and care for the sites acquired by the EEL <br />program. <br />Additional examples include: <br />1. November, 2006 bond in Collier County, Florida <br />CONSERVATION COLLIER: ACQUISITION AND MANAGEMENT OF ENVIRONMENTALLY <br />SENSITIVE LANDS, WATER RESOURCES LANDS, PUBLIC OPEN SPACE <br />SHALL COLLIER COUNTY CONTINUE TO ACQUIRE, PRESERVE AND MANAGE <br />ENVIRONMENTALLY SENSITIVE LANDS FOR THE PROTECTION OF WATER RESOURCES, <br />WILDLIFE HABITAT, AND PUBLIC OPEN SPACE BY CONTINUING TO LEVY ONE QUARTER <br />OF ONE MIL IN AD VALOREM TAXES THROUGH THE YEAR 2013, AFTER THE $75 MILLION <br />9 <br />
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