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

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-Engrossed.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 by which any change in
4	the value of nonhomestead residential property resulting
5	from an annual reassessment may exceed the assessed value
6	of the property for the prior year; amending s. 193.1555,
7	F.S.; reducing the amount by which any change in the value
8	of 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 to participate in the
29	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 5 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 5 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 5 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 5 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 homestead property's just value on January 1 of the year
104	the homestead is established, for all levies other than school
105	district levies. The additional exemption may not exceed the
106	median just value for homestead property in the county where the
107	property at issue is located in the calendar year immediately
108	preceding January 1 of the year the homestead is established.
109	The additional exemption applies for a period of 5 years or
110	until the year the property is sold, whichever occurs first. The
111	amount of the additional exemption shall be reduced in each
112	subsequent year by an amount equal to 20 percent of the amount
113	of the additional exemption received in the year the homestead
114	was established or by an amount equal to the difference between
115	the just value of the property and the assessed value of the
116	property determined under s. 193.155, whichever is greater. Not
117	more than one exemption provided under this subsection is
118	allowed per homestead property. The additional exemption applies
119	to property purchased on or after January 1, 2012, but is not
120	available in the sixth and subsequent years after the additional
121	exemption is first received.
122	(4)  The property appraiser shall require a first-time
123	Florida homesteader claiming an exemption under this section to
124	submit, not later than March 1 on a form prescribed by the
125	Department of Revenue, a sworn statement attesting that the
126	taxpayer, and each other person who holds legal or equitable
127	title to the property, has not owned property in the 3 calendar
128	years prior to such purchase to which the homestead exemption
129	provided by s. 196.031(1)(a) applied. In order for the exemption
130	to be retained upon the addition of another person to the title
131	to the property, the person added must also submit, not later
132	than the subsequent March 1 on a form prescribed by the
133	department, a sworn statement attesting that he or she has not
134	owned property in the 3 calendar years prior to being added to
135	the title to which the homestead exemption provided by s.
136	196.031(1)(a) applied.
137	(5)  Sections 196.131 and 196.161 apply to the exemption
138	provided in this section.
139	Section 6.  If House Joint Resolution 381 or Senate Joint
140	Resolution 658, 2011 Regular Session, is approved by a vote of
141	the electors in a special election held concurrent with the
142	presidential preference primary in 2012, section 196.078,
143	Florida Statutes, is created to read:
144	196.078  Additional homestead exemption for a first-time
145	Florida homesteader.-
146	(1)  As used in this section, the term "first-time Florida
147	homesteader" means a person who establishes the right to receive
148	the homestead exemption provided in s. 196.031 within 1 year
149	after purchasing the homestead property and who has not owned
150	property in the 3 calendar years prior to such purchase to which
151	the homestead exemption provided in s. 196.031(1)(a) applied.
152	(2)  For purposes of this section, the date on which the
153	deed or other transfer instrument was signed and notarized or
154	otherwise executed shall be considered the date a property was
155	purchased.
156	(3)  Every first-time Florida homesteader is entitled to an
157	additional homestead exemption in an amount equal to 50 percent
158	of the homestead property's just value on January 1 of the year
159	the homestead is established, for all levies other than school
160	district levies. The additional exemption may not exceed the
161	median just value for homestead property in the county where the
162	property at issue is located in the calendar year immediately
163	preceding January 1 of the year the homestead is established.
164	The additional exemption applies for a period of 5 years or
165	until the year the property is sold, whichever occurs first. The
166	amount of the additional exemption shall be reduced in each
167	subsequent year by an amount equal to 20 percent of the amount
168	of the additional exemption received in the year the homestead
169	was established or by an amount equal to the difference between
170	the just value of the property and the assessed value of the
171	property determined under s. 193.155, whichever is greater. Not
172	more than one exemption provided under this subsection is
173	allowed per homestead property. The additional exemption applies
174	to property purchased on or after January 1, 2011, but is not
175	available in the sixth and subsequent years after the additional
176	exemption is first received.
177	(4)(a)  In 2011, the property appraiser shall require a
178	first-time Florida homesteader claiming an exemption under this
179	section to submit, not later than June 1 on a form prescribed by
180	the Department of Revenue, a sworn statement attesting that the
181	taxpayer, and each other person who holds legal or equitable
182	title to the property, has not owned property in the 3 calendar
183	years prior to such purchase to which the homestead exemption
184	provided by s. 196.031(1)(a) applied.
185	(b)  In 2013 and thereafter, the property appraiser shall
186	require a first-time Florida homesteader claiming an exemption
187	under this section to submit, not later than March 1 on a form
188	prescribed by the Department of Revenue, a sworn statement
189	attesting that the taxpayer, and each other person who holds
190	legal or equitable title to the property, has not owned property
191	in the 3 calendar years prior to such purchase to which the
192	homestead exemption provided by s. 196.031(1)(a) applied.
193	(c)  In order for the exemption provided under this section
194	to be retained upon the addition of another person to the title
195	to the property, the person added must also submit, not later
196	than the subsequent March 1 on a form prescribed by the
197	department, a sworn statement attesting that he or she has not
198	owned property in the 3 calendar years prior to being added to
199	the title to which the homestead exemption provided by s.
200	196.031(1)(a) applied.
201	(5)  Sections 196.131 and 196.161 apply to the exemption
202	provided in this section.
203	Section 7.  (1)  In anticipation of implementing this act,
204	the executive director of the Department of Revenue is
205	authorized, and all conditions are deemed met, to adopt
206	emergency rules under ss. 120.536(1) and 120.54(4), Florida
207	Statutes, to make necessary changes and preparations so that
208	forms, methods, and data records, electronic or otherwise, are
209	ready and in place if sections 2, 4, and 6 or sections 1, 3, and
210	5 of this act become law.
211	(2)  Notwithstanding any other provision of law, such
212	emergency rules shall remain in effect for 18 months after the
213	date of adoption and may be renewed during the pendency of
214	procedures to adopt rules addressing the subject of the
215	emergency rules.
216	Section 8.  If House Joint Resolution 381 or Senate Joint
217	Resolution 658, 2011 Regular Session, is approved by a vote of
218	the electors in a special election held concurrent with the
219	presidential preference primary in 2012 or in the general
220	election held in November 2012, section 218.12, Florida
221	Statutes, is amended to read:
222	218.12  Appropriations to offset reductions in ad valorem
223	tax revenue in fiscally constrained counties.-
224	(1)(a)  Beginning in fiscal year 2008-2009, the Legislature
225	shall appropriate moneys to offset the reductions in ad valorem
226	tax revenue experienced by fiscally constrained counties, as
227	defined in s. 218.67(1), which occur as a direct result of the
228	implementation of revisions of Art. VII of the State
229	Constitution approved in the special election held on January
230	29, 2008. The moneys appropriated for this purpose shall be
231	distributed in January of each fiscal year among the fiscally
232	constrained counties based on each county's proportion of the
233	total reduction in ad valorem tax revenue resulting from the
234	implementation of the revision.
235	(b)(2)  On or before November 15 of each year, beginning in
236	2008, each fiscally constrained county shall apply to the
237	Department of Revenue to participate in the distribution of the
238	appropriation and provide documentation supporting the county's
239	estimated reduction in ad valorem tax revenue in the form and
240	manner prescribed by the Department of Revenue. The
241	documentation must include an estimate of the reduction in
242	taxable value directly attributable to revisions of Art. VII of
243	the State Constitution for all county taxing jurisdictions
244	within the county and shall be prepared by the property
245	appraiser in each fiscally constrained county. The documentation
246	must also include the county millage rates applicable in all
247	such jurisdictions for both the current year and the prior year;
248	rolled-back rates, determined as provided in s. 200.065, for
249	each county taxing jurisdiction; and maximum millage rates that
250	could have been levied by majority vote pursuant to s. 200.185.
251	For purposes of this section, each fiscally constrained county's
252	reduction in ad valorem tax revenue shall be calculated as 95
253	percent of the estimated reduction in taxable value times the
254	lesser of the 2007 applicable millage rate or the applicable
255	millage rate for each county taxing jurisdiction in the prior
256	year.
257	(c)(3)  In determining the reductions in ad valorem tax
258	revenues occurring as a result of the implementation of the
259	revisions to Art. VII of the State Constitution approved in the
260	special election held on January 29, 2008, the value of
261	assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
262	State Constitution shall include only the reduction in taxable
263	value for homesteads established January 1 of the year in which
264	the determination is being made.
265	(2)(a)  Beginning in the 2012-2013 fiscal year, the
266	Legislature shall consider appropriating moneys to offset the
267	reductions in ad valorem tax revenue experienced by fiscally
268	constrained counties, as defined in s. 218.67(1), which occur as
269	a direct result of the implementation of the revision of Art.
270	VII of the State Constitution contained in House Joint
271	Resolution 381 or Senate Joint Resolution 658, 2011 Regular
272	Session. The moneys appropriated for this purpose shall be
273	distributed among the fiscally constrained counties based on
274	each county's proportion of the total reduction in ad valorem
275	tax revenue resulting from the implementation of the revision.
276	(b)  On or before February 1 each year, each fiscally
277	constrained county shall apply to the Department of Revenue to
278	participate in the distribution of the appropriation and provide
279	documentation supporting the county's estimated reduction in ad
280	valorem tax revenue to the Department of Revenue.
281	Section 9.  This act shall take effect upon becoming a law,
282	except that the sections of this act which take effect upon the
283	approval of House Joint Resolution 381 or Senate Joint
284	Resolution 658, 2011 Regular Session, by a vote of the electors
285	in a special election held concurrent with the presidential
286	preference primary in 2012 shall apply retroactively to the 2012
287	tax roll if the revision of the State Constitution contained in
288	House Joint Resolution 381 or Senate Joint Resolution 658, 2011
289	Regular Session, is approved by a vote of the electors in a
290	special election held concurrent with the presidential
291	preference primary in 2012; or the sections of this act which
292	take effect upon the approval of House Joint Resolution 381 or
293	Senate Joint Resolution 658, 2011 Regular Session, by a vote of
294	the electors in the general election held in November 2012 shall
295	apply to the 2013 tax roll if the revision of the State
296	Constitution contained in House Joint Resolution 381 or Senate
297	Joint Resolution 658, 2011 Regular Session, is approved by a
298	vote of the electors in the general election held in November
299	2012.

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