Bill Text: FL H1163 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Ad Valorem Taxation

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Engrossed - Dead) 2011-05-04 - Ordered enrolled -HJ 1163 [H1163 Detail]

Download: Florida-2011-H1163-Introduced.html

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HB 1163

1	A bill to be entitled
2	An act relating to ad valorem taxation; amending s.
3	193.1554, F.S.; reducing the amount that any change in the
4	value of nonhomestead residential property resulting from
5	an annual reassessment may exceed the assessed value of
6	the property for the prior year; amending s. 193.1555,
7	F.S.; reducing the amount that any change in the value of
8	certain residential and nonresidential real property
9	resulting from an annual reassessment may exceed the
10	assessed value of the property for the prior year;
11	creating s. 196.078, F.S.; providing a definition;
12	providing a first-time Florida homesteader with an
13	additional homestead exemption; providing for calculation
14	of the exemption; providing for the applicability period
15	of the exemption; providing for an annual reduction in the
16	exemption during the applicability period; providing
17	application procedures; providing for applicability of
18	specified provisions; providing for contingent effect of
19	provisions and varying dates of application depending on
20	the adoption and adoption date of specified joint
21	resolutions; authorizing the Department of Revenue to
22	adopt emergency rules; providing for application and
23	renewal of emergency rules; providing for retroactive
24	application; providing effective dates.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  If House Joint Resolution 381 or Senate Joint
29	Resolution 658, 2011 Regular Session, is approved by a vote of
30	the electors in the general election held in November 2012,
31	subsection (3) of section 193.1554, Florida Statutes, is amended
32	to read:
33	193.1554  Assessment of nonhomestead residential property.-
34	(3)  Beginning in 2013 2009, or the year following the year
35	the property is placed on the tax roll, whichever is later, the
36	property shall be reassessed annually on January 1. Any change
37	resulting from such reassessment may not exceed 3 10 percent of
38	the assessed value of the property for the prior year.
39	Section 2.  If House Joint Resolution 381 or Senate Joint
40	Resolution 658, 2011 Regular Session, is approved by a vote of
41	the electors in a special election held concurrent with the
42	presidential preference primary in 2012, subsection (3) of
43	section 193.1554, Florida Statutes, is amended to read:
44	193.1554  Assessment of nonhomestead residential property.-
45	(3)  Beginning in 2012 2009, or the year following the year
46	the property is placed on the tax roll, whichever is later, the
47	property shall be reassessed annually on January 1. Any change
48	resulting from such reassessment may not exceed 3 10 percent of
49	the assessed value of the property for the prior year.
50	Section 3.  If House Joint Resolution 381 or Senate Joint
51	Resolution 658, 2011 Regular Session, is approved by a vote of
52	the electors in the general election held in November 2012,
53	subsection (3) of section 193.1555, Florida Statutes, is amended
54	to read:
55	193.1555  Assessment of certain residential and
56	nonresidential real property.-
57	(3)  Beginning in 2013 2009, or the year following the year
58	the property is placed on the tax roll, whichever is later, the
59	property shall be reassessed annually on January 1. Any change
60	resulting from such reassessment may not exceed 3 10 percent of
61	the assessed value of the property for the prior year.
62	Section 4.  If House Joint Resolution 381 or Senate Joint
63	Resolution 658, 2011 Regular Session, is approved by a vote of
64	the electors in a special election held concurrent with the
65	presidential preference primary in 2012, subsection (3) of
66	section 193.1555, Florida Statutes, is amended to read:
67	193.1555  Assessment of certain residential and
68	nonresidential real property.-
69	(3)  Beginning in 2012 2009, or the year following the year
70	the property is placed on the tax roll, whichever is later, the
71	property shall be reassessed annually on January 1. Any change
72	resulting from such reassessment may not exceed 3 10 percent of
73	the assessed value of the property for the prior year.
74	Section 5.  If House Joint Resolution 381 or Senate Joint
75	Resolution 658, 2011 Regular Session, is approved by a vote of
76	the electors in the general election held in November 2012,
77	section 196.078, Florida Statutes, is created to read:
78	196.078  Additional homestead exemption for a first-time
79	Florida homesteader.-
80	(1)  As used in this section, the term "first-time Florida
81	homesteader" means a person who establishes the right to receive
82	the homestead exemption provided in s. 196.031 within 1 year
83	after purchasing the homestead property and who has not owned
84	property in the previous 3 years to which the homestead
85	exemption provided in s. 196.031(1)(a) applied.
86	(2)  Every first-time Florida homesteader is entitled to an
87	additional homestead exemption in an amount equal to 50 percent
88	of the homestead property's just value on January 1 of the year
89	the homestead is established for all levies other than school
90	district levies. The additional exemption shall apply for a
91	period of 5 years or until the year the property is sold,
92	whichever occurs first. The amount of the additional exemption
93	shall not exceed $200,000 and shall be reduced in each
94	subsequent year by an amount equal to 20 percent of the amount
95	of the additional exemption received in the year the homestead
96	was established or by an amount equal to the difference between
97	the just value of the property and the assessed value of the
98	property determined under s. 193.155, whichever is greater. Not
99	more than one exemption provided under this subsection shall be
100	allowed per homestead property. The additional exemption shall
101	apply to property purchased on or after January 1, 2012, but
102	shall not be available in the sixth and subsequent years after
103	the additional exemption is first received.
104	(3)  The property appraiser shall require a first-time
105	Florida homesteader claiming an exemption under this section to
106	submit, not later than March 1 on a form prescribed by the
107	Department of Revenue, a sworn statement attesting that the
108	taxpayer, and each other person who holds legal or equitable
109	title to the property, has not owned property in the prior 3
110	years that received the homestead exemption provided by s.
111	196.031. In order for the exemption to be retained upon the
112	addition of another person to the title to the property, the
113	person added must also submit, not later than the subsequent
114	March 1 on a form prescribed by the department, a sworn
115	statement attesting that he or she has not owned property in the
116	prior 3 years that received the homestead exemption provided by
117	s. 196.031.
118	(4)  Sections 196.131 and 196.161 apply to the exemption
119	provided in this section.
120	Section 6.  If House Joint Resolution 381 or Senate Joint
121	Resolution 658, 2011 Regular Session, is approved by a vote of
122	the electors in a special election held concurrent with the
123	presidential preference primary in 2012, section 196.078,
124	Florida Statutes, is created to read:
125	196.078  Additional homestead exemption for a first-time
126	Florida homesteader.-
127	(1)  As used in this section, the term "first-time Florida
128	homesteader" means a person who establishes the right to receive
129	the homestead exemption provided in s. 196.031 within 1 year
130	after purchasing the homestead property and who has not owned
131	property in the previous 3 years to which the homestead
132	exemption provided in s. 196.031(1)(a) applied.
133	(2)  Every first-time Florida homesteader is entitled to an
134	additional homestead exemption in an amount equal to 50 percent
135	of the homestead property's just value on January 1 of the year
136	the homestead is established for all levies other than school
137	district levies. The additional exemption shall apply for a
138	period of 5 years or until the year the property is sold,
139	whichever occurs first. The amount of the additional exemption
140	shall not exceed $200,000 and shall be reduced in each
141	subsequent year by an amount equal to 20 percent of the amount
142	of the additional exemption received in the year the homestead
143	was established or by an amount equal to the difference between
144	the just value of the property and the assessed value of the
145	property determined under s. 193.155, whichever is greater. Not
146	more than one exemption provided under this subsection shall be
147	allowed per homestead property. The additional exemption shall
148	apply to property purchased on or after January 1, 2011, but
149	shall not be available in the sixth and subsequent years after
150	the additional exemption is first received.
151	(3)  The property appraiser shall require a first-time
152	Florida homesteader claiming an exemption under this section to
153	submit, not later than March 1 on a form prescribed by the
154	Department of Revenue, a sworn statement attesting that the
155	taxpayer, and each other person who holds legal or equitable
156	title to the property, has not owned property in the prior 3
157	years that received the homestead exemption provided by s.
158	196.031. In order for the exemption to be retained upon the
159	addition of another person to the title to the property, the
160	person added must also submit, not later than the subsequent
161	March 1 on a form prescribed by the department, a sworn
162	statement attesting that he or she has not owned property in the
163	prior 3 years that received the homestead exemption provided by
164	s. 196.031.
165	(4)  Sections 196.131 and 196.161 apply to the exemption
166	provided in this section.
167	Section 7.  (1)  In anticipation of implementing this act,
168	the executive director of the Department of Revenue is
169	authorized, and all conditions are deemed met, to adopt
170	emergency rules under ss. 120.536(1) and 120.54(4), Florida
171	Statutes, to make necessary changes and preparations so that
172	forms, methods, and data records, electronic or otherwise, are
173	ready and in place if sections 2, 4, and 6 or sections 1, 3, and
174	5 of this act become law.
175	(2)  Notwithstanding any other provision of law, such
176	emergency rules shall remain in effect for 18 months after the
177	date of adoption and may be renewed during the pendency of
178	procedures to adopt rules addressing the subject of the
179	emergency rules.
180	Section 8.  This act shall take effect upon becoming a law,
181	except that the sections of this act that take effect upon the
182	approval of House Joint Resolution 381 or Senate Joint
183	Resolution 658, 2011 Regular Session, by a vote of the electors
184	in a special election held concurrent with the presidential
185	preference primary in 2012 shall apply retroactively to the 2012
186	tax roll if the revision of the State Constitution contained in
187	House Joint Resolution 381 or Senate Joint Resolution 658, 2011
188	Regular Session, is approved by a vote of the electors in a
189	special election held concurrent with the presidential
190	preference primary in 2012; or the sections of this act that
191	take effect upon the approval of House Joint Resolution 381 or
192	Senate Joint Resolution 658, 2011 Regular Session, by a vote of
193	the electors in the general election held in November 2012 shall
194	apply to the 2013 tax roll if the revision of the State
195	Constitution contained in House Joint Resolution 381 or Senate
196	Joint Resolution 658, 2011 Regular Session, is approved by a
197	vote of the electors in the general election held in November of
198	2012.

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