CS/CS/HB 1163

1
A bill to be entitled
2An act relating to ad valorem taxation; amending s.
3193.1554, F.S.; reducing the amount that any change in the
4value of nonhomestead residential property resulting from
5an annual reassessment may exceed the assessed value of
6the property for the prior year; amending s. 193.1555,
7F.S.; reducing the amount that any change in the value of
8certain residential and nonresidential real property
9resulting from an annual reassessment may exceed the
10assessed value of the property for the prior year;
11creating s. 196.078, F.S.; providing a definition;
12providing a first-time Florida homesteader with an
13additional homestead exemption; providing for calculation
14of the exemption; providing for the applicability period
15of the exemption; providing for an annual reduction in the
16exemption during the applicability period; providing
17application procedures; providing for applicability of
18specified provisions; providing for contingent effect of
19provisions and varying dates of application depending on
20the adoption and adoption date of specified joint
21resolutions; authorizing the Department of Revenue to
22adopt emergency rules; providing for application and
23renewal of emergency rules; providing for certain
24contingent effect and retroactive application; providing
25an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  If House Joint Resolution 381 or Senate Joint
30Resolution 658, 2011 Regular Session, is approved by a vote of
31the electors in the general election held in November 2012,
32subsection (3) of section 193.1554, Florida Statutes, is amended
33to read:
34     193.1554  Assessment of nonhomestead residential property.-
35     (3)  Beginning in 2013 2009, or the year following the year
36the property is placed on the tax roll, whichever is later, the
37property shall be reassessed annually on January 1. Any change
38resulting from such reassessment may not exceed 3 10 percent of
39the assessed value of the property for the prior year, except as
40provided in subsection (6).
41     Section 2.  If House Joint Resolution 381 or Senate Joint
42Resolution 658, 2011 Regular Session, is approved by a vote of
43the electors in a special election held concurrent with the
44presidential preference primary in 2012, subsection (3) of
45section 193.1554, Florida Statutes, is amended to read:
46     193.1554  Assessment of nonhomestead residential property.-
47     (3)  Beginning in 2012 2009, or the year following the year
48the property is placed on the tax roll, whichever is later, the
49property shall be reassessed annually on January 1. Any change
50resulting from such reassessment may not exceed 3 10 percent of
51the assessed value of the property for the prior year, except as
52provided in subsection (6).
53     Section 3.  If House Joint Resolution 381 or Senate Joint
54Resolution 658, 2011 Regular Session, is approved by a vote of
55the electors in the general election held in November 2012,
56subsection (3) of section 193.1555, Florida Statutes, is amended
57to read:
58     193.1555  Assessment of certain residential and
59nonresidential real property.-
60     (3)  Beginning in 2013 2009, or the year following the year
61the property is placed on the tax roll, whichever is later, the
62property shall be reassessed annually on January 1. Any change
63resulting from such reassessment may not exceed 3 10 percent of
64the assessed value of the property for the prior year, except as
65provided in subsection (6).
66     Section 4.  If House Joint Resolution 381 or Senate Joint
67Resolution 658, 2011 Regular Session, is approved by a vote of
68the electors in a special election held concurrent with the
69presidential preference primary in 2012, subsection (3) of
70section 193.1555, Florida Statutes, is amended to read:
71     193.1555  Assessment of certain residential and
72nonresidential real property.-
73     (3)  Beginning in 2012 2009, or the year following the year
74the property is placed on the tax roll, whichever is later, the
75property shall be reassessed annually on January 1. Any change
76resulting from such reassessment may not exceed 3 10 percent of
77the assessed value of the property for the prior year, except as
78provided in subsection (6).
79     Section 5.  If House Joint Resolution 381 or Senate Joint
80Resolution 658, 2011 Regular Session, is approved by a vote of
81the electors in the general election held in November 2012,
82section 196.078, Florida Statutes, is created to read:
83     196.078  Additional homestead exemption for a first-time
84Florida homesteader.-
85     (1)  As used in this section, the term "first-time Florida
86homesteader" means a person who establishes the right to receive
87the homestead exemption provided in s. 196.031 within 1 year
88after purchasing the homestead property and who has not owned
89property in the 3 calendar years prior to such purchase to which
90the homestead exemption provided in s. 196.031(1)(a) applied.
91     (2)  For purposes of this section, the date on which the
92deed or other transfer instrument was signed and notarized or
93otherwise executed shall be considered the date a property was
94purchased.
95     (3)  Every first-time Florida homesteader is entitled to an
96additional homestead exemption in an amount equal to 50 percent
97of the homestead property's just value on January 1 of the year
98the homestead is established for all levies other than school
99district levies. The additional exemption applies for a period
100of 5 years or until the year the property is sold, whichever
101occurs first. The amount of the additional exemption may not
102exceed $200,000 and shall be reduced in each subsequent year by
103an amount equal to 20 percent of the amount of the additional
104exemption received in the year the homestead was established or
105by an amount equal to the difference between the just value of
106the property and the assessed value of the property determined
107under s. 193.155, whichever is greater. Not more than one
108exemption provided under this subsection is allowed per
109homestead property. The additional exemption applies to property
110purchased on or after January 1, 2012, but is not available in
111the sixth and subsequent years after the additional exemption is
112first received.
113     (4)  The property appraiser shall require a first-time
114Florida homesteader claiming an exemption under this section to
115submit, not later than March 1 on a form prescribed by the
116Department of Revenue, a sworn statement attesting that the
117taxpayer, and each other person who holds legal or equitable
118title to the property, has not owned property in the 3 calendar
119years prior to such purchase to which the homestead exemption
120provided by s. 196.031(1)(a) applied. In order for the exemption
121to be retained upon the addition of another person to the title
122to the property, the person added must also submit, not later
123than the subsequent March 1 on a form prescribed by the
124department, a sworn statement attesting that he or she has not
125owned property in the 3 calendar years prior to being added to
126the title to which the homestead exemption provided by s.
127196.031(1)(a) applied.
128     (5)  Sections 196.131 and 196.161 apply to the exemption
129provided in this section.
130     Section 6.  If House Joint Resolution 381 or Senate Joint
131Resolution 658, 2011 Regular Session, is approved by a vote of
132the electors in a special election held concurrent with the
133presidential preference primary in 2012, section 196.078,
134Florida Statutes, is created to read:
135     196.078  Additional homestead exemption for a first-time
136Florida homesteader.-
137     (1)  As used in this section, the term "first-time Florida
138homesteader" means a person who establishes the right to receive
139the homestead exemption provided in s. 196.031 within 1 year
140after purchasing the homestead property and who has not owned
141property in the 3 calendar years prior to such purchase to which
142the homestead exemption provided in s. 196.031(1)(a) applied.
143     (2)  For purposes of this section, the date on which the
144deed or other transfer instrument was signed and notarized or
145otherwise executed shall be considered the date a property was
146purchased.
147     (3)  Every first-time Florida homesteader is entitled to an
148additional homestead exemption in an amount equal to 50 percent
149of the homestead property's just value on January 1 of the year
150the homestead is established for all levies other than school
151district levies. The additional exemption applies for a period
152of 5 years or until the year the property is sold, whichever
153occurs first. The amount of the additional exemption may not
154exceed $200,000 and shall be reduced in each subsequent year by
155an amount equal to 20 percent of the amount of the additional
156exemption received in the year the homestead was established or
157by an amount equal to the difference between the just value of
158the property and the assessed value of the property determined
159under s. 193.155, whichever is greater. Not more than one
160exemption provided under this subsection is allowed per
161homestead property. The additional exemption applies to property
162purchased on or after January 1, 2012, but is not available in
163the sixth and subsequent years after the additional exemption is
164first received.
165     (4)(a)  In 2012, the property appraiser shall require a
166first-time Florida homesteader claiming an exemption under this
167section to submit, not later than June 1 on a form prescribed by
168the Department of Revenue, a sworn statement attesting that the
169taxpayer, and each other person who holds legal or equitable
170title to the property, has not owned property in the 3 calendar
171years prior to such purchase to which the homestead exemption
172provided by s. 196.031(1)(a) applied.
173     (b)  In 2013 and thereafter, the property appraiser shall
174require a first-time Florida homesteader claiming an exemption
175under this section to submit, not later than March 1 on a form
176prescribed by the Department of Revenue, a sworn statement
177attesting that the taxpayer, and each other person who holds
178legal or equitable title to the property, has not owned property
179in the 3 calendar years prior to such purchase to which the
180homestead exemption provided by s. 196.031(1)(a) applied.
181     (c)  In order for the exemption provided under this section
182to be retained upon the addition of another person to the title
183to the property, the person added must also submit, not later
184than the subsequent March 1 on a form prescribed by the
185department, a sworn statement attesting that he or she has not
186owned property in the 3 calendar years prior to being added to
187the title to which the homestead exemption provided by s.
188196.031(1)(a) applied.
189     (5)  Sections 196.131 and 196.161 apply to the exemption
190provided in this section.
191     Section 7.  (1)  In anticipation of implementing this act,
192the executive director of the Department of Revenue is
193authorized, and all conditions are deemed met, to adopt
194emergency rules under ss. 120.536(1) and 120.54(4), Florida
195Statutes, to make necessary changes and preparations so that
196forms, methods, and data records, electronic or otherwise, are
197ready and in place if sections 2, 4, and 6 or sections 1, 3, and
1985 of this act become law.
199     (2)  Notwithstanding any other provision of law, such
200emergency rules shall remain in effect for 18 months after the
201date of adoption and may be renewed during the pendency of
202procedures to adopt rules addressing the subject of the
203emergency rules.
204     Section 8.  This act shall take effect upon becoming a law,
205except that the sections of this act that take effect upon the
206approval of House Joint Resolution 381 or Senate Joint
207Resolution 658, 2011 Regular Session, by a vote of the electors
208in a special election held concurrent with the presidential
209preference primary in 2012 shall apply retroactively to the 2012
210tax roll if the revision of the State Constitution contained in
211House Joint Resolution 381 or Senate Joint Resolution 658, 2011
212Regular Session, is approved by a vote of the electors in a
213special election held concurrent with the presidential
214preference primary in 2012; or the sections of this act that
215take effect upon the approval of House Joint Resolution 381 or
216Senate Joint Resolution 658, 2011 Regular Session, by a vote of
217the electors in the general election held in November 2012 shall
218apply to the 2013 tax roll if the revision of the State
219Constitution contained in House Joint Resolution 381 or Senate
220Joint Resolution 658, 2011 Regular Session, is approved by a
221vote of the electors in the general election held in November
2222012.


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