Bill Text: FL H1163 | 2011 | Regular Session | Comm Sub

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-Comm_Sub.html

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CS/CS/CS/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; amending s. 218.12, F.S.;
24	requiring the Legislature to consider appropriating funds
25	to fiscally constrained counties to offset reductions in
26	ad valorem tax revenue as the result of the implementation
27	of certain revisions to the State Constitution; requiring
28	application to the Department of Revenue to participate in
29	the distribution of such an appropriation; providing for
30	certain contingent effect and retroactive application;
31	providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  If House Joint Resolution 381 or Senate Joint
36	Resolution 658, 2011 Regular Session, is approved by a vote of
37	the electors in the general election held in November 2012,
38	subsection (3) of section 193.1554, Florida Statutes, is amended
39	to read:
40	193.1554  Assessment of nonhomestead residential property.-
41	(3)  Beginning in 2013 2009, or the year following the year
42	the property is placed on the tax roll, whichever is later, the
43	property shall be reassessed annually on January 1. Any change
44	resulting from such reassessment may not exceed 3 10 percent of
45	the assessed value of the property for the prior year, except as
46	provided in subsection (6).
47	Section 2.  If House Joint Resolution 381 or Senate Joint
48	Resolution 658, 2011 Regular Session, is approved by a vote of
49	the electors in a special election held concurrent with the
50	presidential preference primary in 2012, subsection (3) of
51	section 193.1554, Florida Statutes, is amended to read:
52	193.1554  Assessment of nonhomestead residential property.-
53	(3)  Beginning in 2012 2009, or the year following the year
54	the property is placed on the tax roll, whichever is later, the
55	property shall be reassessed annually on January 1. Any change
56	resulting from such reassessment may not exceed 3 10 percent of
57	the assessed value of the property for the prior year, except as
58	provided in subsection (6).
59	Section 3.  If House Joint Resolution 381 or Senate Joint
60	Resolution 658, 2011 Regular Session, is approved by a vote of
61	the electors in the general election held in November 2012,
62	subsection (3) of section 193.1555, Florida Statutes, is amended
63	to read:
64	193.1555  Assessment of certain residential and
65	nonresidential real property.-
66	(3)  Beginning in 2013 2009, or the year following the year
67	the property is placed on the tax roll, whichever is later, the
68	property shall be reassessed annually on January 1. Any change
69	resulting from such reassessment may not exceed 3 10 percent of
70	the assessed value of the property for the prior year, except as
71	provided in subsection (6).
72	Section 4.  If House Joint Resolution 381 or Senate Joint
73	Resolution 658, 2011 Regular Session, is approved by a vote of
74	the electors in a special election held concurrent with the
75	presidential preference primary in 2012, subsection (3) of
76	section 193.1555, Florida Statutes, is amended to read:
77	193.1555  Assessment of certain residential and
78	nonresidential real property.-
79	(3)  Beginning in 2012 2009, or the year following the year
80	the property is placed on the tax roll, whichever is later, the
81	property shall be reassessed annually on January 1. Any change
82	resulting from such reassessment may not exceed 3 10 percent of
83	the assessed value of the property for the prior year, except as
84	provided in subsection (6).
85	Section 5.  If House Joint Resolution 381 or Senate Joint
86	Resolution 658, 2011 Regular Session, is approved by a vote of
87	the electors in the general election held in November 2012,
88	section 196.078, Florida Statutes, is created to read:
89	196.078  Additional homestead exemption for a first-time
90	Florida homesteader.-
91	(1)  As used in this section, the term "first-time Florida
92	homesteader" means a person who establishes the right to receive
93	the homestead exemption provided in s. 196.031 within 1 year
94	after purchasing the homestead property and who has not owned
95	property in the 3 calendar years prior to such purchase to which
96	the homestead exemption provided in s. 196.031(1)(a) applied.
97	(2)  For purposes of this section, the date on which the
98	deed or other transfer instrument was signed and notarized or
99	otherwise executed shall be considered the date a property was
100	purchased.
101	(3)  Every first-time Florida homesteader is entitled to an
102	additional homestead exemption in an amount equal to 50 percent
103	of the median just value for homestead property in the county
104	where the property at issue is located in the calendar year
105	immediately preceding January 1 of the year the homestead is
106	established for all levies other than school district levies.
107	The additional exemption applies for a period of 5 years or
108	until the year the property is sold, whichever occurs first. The
109	amount of the additional exemption shall be reduced in each
110	subsequent year by an amount equal to 20 percent of the amount
111	of the additional exemption received in the year the homestead
112	was established or by an amount equal to the difference between
113	the just value of the property and the assessed value of the
114	property determined under s. 193.155, whichever is greater. Not
115	more than one exemption provided under this subsection is
116	allowed per homestead property. The additional exemption applies
117	to property purchased on or after January 1, 2012, but is not
118	available in the sixth and subsequent years after the additional
119	exemption is first received.
120	(4)  The property appraiser shall require a first-time
121	Florida homesteader claiming an exemption under this section to
122	submit, not later than March 1 on a form prescribed by the
123	Department of Revenue, a sworn statement attesting that the
124	taxpayer, and each other person who holds legal or equitable
125	title to the property, has not owned property in the 3 calendar
126	years prior to such purchase to which the homestead exemption
127	provided by s. 196.031(1)(a) applied. In order for the exemption
128	to be retained upon the addition of another person to the title
129	to the property, the person added must also submit, not later
130	than the subsequent March 1 on a form prescribed by the
131	department, a sworn statement attesting that he or she has not
132	owned property in the 3 calendar years prior to being added to
133	the title to which the homestead exemption provided by s.
134	196.031(1)(a) applied.
135	(5)  Sections 196.131 and 196.161 apply to the exemption
136	provided in this section.
137	Section 6.  If House Joint Resolution 381 or Senate Joint
138	Resolution 658, 2011 Regular Session, is approved by a vote of
139	the electors in a special election held concurrent with the
140	presidential preference primary in 2012, section 196.078,
141	Florida Statutes, is created to read:
142	196.078  Additional homestead exemption for a first-time
143	Florida homesteader.-
144	(1)  As used in this section, the term "first-time Florida
145	homesteader" means a person who establishes the right to receive
146	the homestead exemption provided in s. 196.031 within 1 year
147	after purchasing the homestead property and who has not owned
148	property in the 3 calendar years prior to such purchase to which
149	the homestead exemption provided in s. 196.031(1)(a) applied.
150	(2)  For purposes of this section, the date on which the
151	deed or other transfer instrument was signed and notarized or
152	otherwise executed shall be considered the date a property was
153	purchased.
154	(3)  Every first-time Florida homesteader is entitled to an
155	additional homestead exemption in an amount equal to 50 percent
156	of the median just value of the homestead property in the county
157	where the property at issue is located in the calendar year
158	immediately preceding January 1 of the year the homestead is
159	established for all levies other than school district levies.
160	The additional exemption applies for a period of 5 years or
161	until the year the property is sold, whichever occurs first. The
162	amount of the additional exemption shall be reduced in each
163	subsequent year by an amount equal to 20 percent of the amount
164	of the additional exemption received in the year the homestead
165	was established or by an amount equal to the difference between
166	the just value of the property and the assessed value of the
167	property determined under s. 193.155, whichever is greater. Not
168	more than one exemption provided under this subsection is
169	allowed per homestead property. The additional exemption applies
170	to property purchased on or after January 1, 2012, but is not
171	available in the sixth and subsequent years after the additional
172	exemption is first received.
173	(4)(a)  In 2012, the property appraiser shall require a
174	first-time Florida homesteader claiming an exemption under this
175	section to submit, not later than June 1 on a form prescribed by
176	the Department of Revenue, a sworn statement attesting that the
177	taxpayer, and each other person who holds legal or equitable
178	title to the property, has not owned property in the 3 calendar
179	years prior to such purchase to which the homestead exemption
180	provided by s. 196.031(1)(a) applied.
181	(b)  In 2013 and thereafter, the property appraiser shall
182	require a first-time Florida homesteader claiming an exemption
183	under this section to submit, not later than March 1 on a form
184	prescribed by the Department of Revenue, a sworn statement
185	attesting that the taxpayer, and each other person who holds
186	legal or equitable title to the property, has not owned property
187	in the 3 calendar years prior to such purchase to which the
188	homestead exemption provided by s. 196.031(1)(a) applied.
189	(c)  In order for the exemption provided under this section
190	to be retained upon the addition of another person to the title
191	to the property, the person added must also submit, not later
192	than the subsequent March 1 on a form prescribed by the
193	department, a sworn statement attesting that he or she has not
194	owned property in the 3 calendar years prior to being added to
195	the title to which the homestead exemption provided by s.
196	196.031(1)(a) applied.
197	(5)  Sections 196.131 and 196.161 apply to the exemption
198	provided in this section.
199	Section 7.  (1)  In anticipation of implementing this act,
200	the executive director of the Department of Revenue is
201	authorized, and all conditions are deemed met, to adopt
202	emergency rules under ss. 120.536(1) and 120.54(4), Florida
203	Statutes, to make necessary changes and preparations so that
204	forms, methods, and data records, electronic or otherwise, are
205	ready and in place if sections 2, 4, and 6 or sections 1, 3, and
206	5 of this act become law.
207	(2)  Notwithstanding any other provision of law, such
208	emergency rules shall remain in effect for 18 months after the
209	date of adoption and may be renewed during the pendency of
210	procedures to adopt rules addressing the subject of the
211	emergency rules.
212	Section 8.  If House Joint Resolution 381 or Senate Joint
213	Resolution 658, 2011 Regular Session, is approved by a vote of
214	the electors in a special election held concurrent with the
215	presidential preference primary in 2012 or in the general
216	election held in November 2012, section 218.12, Florida
217	Statutes, is amended to read:
218	218.12  Appropriations to offset reductions in ad valorem
219	tax revenue in fiscally constrained counties.-
220	(1)(a)  Beginning in fiscal year 2008-2009, the Legislature
221	shall appropriate moneys to offset the reductions in ad valorem
222	tax revenue experienced by fiscally constrained counties, as
223	defined in s. 218.67(1), which occur as a direct result of the
224	implementation of revisions of Art. VII of the State
225	Constitution approved in the special election held on January
226	29, 2008. The moneys appropriated for this purpose shall be
227	distributed in January of each fiscal year among the fiscally
228	constrained counties based on each county's proportion of the
229	total reduction in ad valorem tax revenue resulting from the
230	implementation of the revision.
231	(b)(2)  On or before November 15 of each year, beginning in
232	2008, each fiscally constrained county shall apply to the
233	Department of Revenue to participate in the distribution of the
234	appropriation and provide documentation supporting the county's
235	estimated reduction in ad valorem tax revenue in the form and
236	manner prescribed by the Department of Revenue. The
237	documentation must include an estimate of the reduction in
238	taxable value directly attributable to revisions of Art. VII of
239	the State Constitution for all county taxing jurisdictions
240	within the county and shall be prepared by the property
241	appraiser in each fiscally constrained county. The documentation
242	must also include the county millage rates applicable in all
243	such jurisdictions for both the current year and the prior year;
244	rolled-back rates, determined as provided in s. 200.065, for
245	each county taxing jurisdiction; and maximum millage rates that
246	could have been levied by majority vote pursuant to s. 200.185.
247	For purposes of this section, each fiscally constrained county's
248	reduction in ad valorem tax revenue shall be calculated as 95
249	percent of the estimated reduction in taxable value times the
250	lesser of the 2007 applicable millage rate or the applicable
251	millage rate for each county taxing jurisdiction in the prior
252	year.
253	(c)(3)  In determining the reductions in ad valorem tax
254	revenues occurring as a result of the implementation of the
255	revisions to Art. VII of the State Constitution approved in the
256	special election held on January 29, 2008, the value of
257	assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
258	State Constitution shall include only the reduction in taxable
259	value for homesteads established January 1 of the year in which
260	the determination is being made.
261	(2)(a)  Beginning in the 2012-2013 fiscal year, the
262	Legislature shall consider appropriating moneys to offset the
263	reductions in ad valorem tax revenue experienced by fiscally
264	constrained counties, as defined in s. 218.67(1), which occur as
265	a direct result of the implementation of the revision of Art.
266	VII of the State Constitution contained in House Joint
267	Resolution 381 or Senate Joint Resolution 658, 2011 Regular
268	Session. The moneys appropriated for this purpose shall be
269	distributed among the fiscally constrained counties based on
270	each county's proportion of the total reduction in ad valorem
271	tax revenue resulting from the implementation of the revision.
272	(b)  On or before February 1 each year, each fiscally
273	constrained county shall apply to the Department of Revenue to
274	participate in the distribution of the appropriation and provide
275	documentation supporting the county's estimated reduction in ad
276	valorem tax revenue to the Department of Revenue.
277	Section 9.  This act shall take effect upon becoming a law,
278	except that the sections of this act that take effect upon the
279	approval of House Joint Resolution 381 or Senate Joint
280	Resolution 658, 2011 Regular Session, by a vote of the electors
281	in a special election held concurrent with the presidential
282	preference primary in 2012 shall apply retroactively to the 2012
283	tax roll if the revision of the State Constitution contained in
284	House Joint Resolution 381 or Senate Joint Resolution 658, 2011
285	Regular Session, is approved by a vote of the electors in a
286	special election held concurrent with the presidential
287	preference primary in 2012; or the sections of this act that
288	take effect upon the approval of House Joint Resolution 381 or
289	Senate Joint Resolution 658, 2011 Regular Session, by a vote of
290	the electors in the general election held in November 2012 shall
291	apply to the 2013 tax roll if the revision of the State
292	Constitution contained in House Joint Resolution 381 or Senate
293	Joint Resolution 658, 2011 Regular Session, is approved by a
294	vote of the electors in the general election held in November
295	2012.

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