CS/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; amending s. 218.12, F.S.;
24requiring the Legislature to consider appropriating funds
25to fiscally constrained counties to offset reductions in
26ad valorem tax revenue as the result of the implementation
27of certain revisions to the State Constitution; requiring
28application to the Department of Revenue to participate in
29the distribution of such an appropriation; providing for
30certain contingent effect and retroactive application;
31providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  If House Joint Resolution 381 or Senate Joint
36Resolution 658, 2011 Regular Session, is approved by a vote of
37the electors in the general election held in November 2012,
38subsection (3) of section 193.1554, Florida Statutes, is amended
39to read:
40     193.1554  Assessment of nonhomestead residential property.-
41     (3)  Beginning in 2013 2009, or the year following the year
42the property is placed on the tax roll, whichever is later, the
43property shall be reassessed annually on January 1. Any change
44resulting from such reassessment may not exceed 3 10 percent of
45the assessed value of the property for the prior year, except as
46provided in subsection (6).
47     Section 2.  If House Joint Resolution 381 or Senate Joint
48Resolution 658, 2011 Regular Session, is approved by a vote of
49the electors in a special election held concurrent with the
50presidential preference primary in 2012, subsection (3) of
51section 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
54the property is placed on the tax roll, whichever is later, the
55property shall be reassessed annually on January 1. Any change
56resulting from such reassessment may not exceed 3 10 percent of
57the assessed value of the property for the prior year, except as
58provided in subsection (6).
59     Section 3.  If House Joint Resolution 381 or Senate Joint
60Resolution 658, 2011 Regular Session, is approved by a vote of
61the electors in the general election held in November 2012,
62subsection (3) of section 193.1555, Florida Statutes, is amended
63to read:
64     193.1555  Assessment of certain residential and
65nonresidential real property.-
66     (3)  Beginning in 2013 2009, or the year following the year
67the property is placed on the tax roll, whichever is later, the
68property shall be reassessed annually on January 1. Any change
69resulting from such reassessment may not exceed 3 10 percent of
70the assessed value of the property for the prior year, except as
71provided in subsection (6).
72     Section 4.  If House Joint Resolution 381 or Senate Joint
73Resolution 658, 2011 Regular Session, is approved by a vote of
74the electors in a special election held concurrent with the
75presidential preference primary in 2012, subsection (3) of
76section 193.1555, Florida Statutes, is amended to read:
77     193.1555  Assessment of certain residential and
78nonresidential real property.-
79     (3)  Beginning in 2012 2009, or the year following the year
80the property is placed on the tax roll, whichever is later, the
81property shall be reassessed annually on January 1. Any change
82resulting from such reassessment may not exceed 3 10 percent of
83the assessed value of the property for the prior year, except as
84provided in subsection (6).
85     Section 5.  If House Joint Resolution 381 or Senate Joint
86Resolution 658, 2011 Regular Session, is approved by a vote of
87the electors in the general election held in November 2012,
88section 196.078, Florida Statutes, is created to read:
89     196.078  Additional homestead exemption for a first-time
90Florida homesteader.-
91     (1)  As used in this section, the term "first-time Florida
92homesteader" means a person who establishes the right to receive
93the homestead exemption provided in s. 196.031 within 1 year
94after purchasing the homestead property and who has not owned
95property in the 3 calendar years prior to such purchase to which
96the homestead exemption provided in s. 196.031(1)(a) applied.
97     (2)  For purposes of this section, the date on which the
98deed or other transfer instrument was signed and notarized or
99otherwise executed shall be considered the date a property was
100purchased.
101     (3)  Every first-time Florida homesteader is entitled to an
102additional homestead exemption in an amount equal to 50 percent
103of the median just value for homestead property in the county
104where the property at issue is located in the calendar year
105immediately preceding January 1 of the year the homestead is
106established for all levies other than school district levies.
107The additional exemption applies for a period of 5 years or
108until the year the property is sold, whichever occurs first. The
109amount of the additional exemption shall be reduced in each
110subsequent year by an amount equal to 20 percent of the amount
111of the additional exemption received in the year the homestead
112was established or by an amount equal to the difference between
113the just value of the property and the assessed value of the
114property determined under s. 193.155, whichever is greater. Not
115more than one exemption provided under this subsection is
116allowed per homestead property. The additional exemption applies
117to property purchased on or after January 1, 2012, but is not
118available in the sixth and subsequent years after the additional
119exemption is first received.
120     (4)  The property appraiser shall require a first-time
121Florida homesteader claiming an exemption under this section to
122submit, not later than March 1 on a form prescribed by the
123Department of Revenue, a sworn statement attesting that the
124taxpayer, and each other person who holds legal or equitable
125title to the property, has not owned property in the 3 calendar
126years prior to such purchase to which the homestead exemption
127provided by s. 196.031(1)(a) applied. In order for the exemption
128to be retained upon the addition of another person to the title
129to the property, the person added must also submit, not later
130than the subsequent March 1 on a form prescribed by the
131department, a sworn statement attesting that he or she has not
132owned property in the 3 calendar years prior to being added to
133the title to which the homestead exemption provided by s.
134196.031(1)(a) applied.
135     (5)  Sections 196.131 and 196.161 apply to the exemption
136provided in this section.
137     Section 6.  If House Joint Resolution 381 or Senate Joint
138Resolution 658, 2011 Regular Session, is approved by a vote of
139the electors in a special election held concurrent with the
140presidential preference primary in 2012, section 196.078,
141Florida Statutes, is created to read:
142     196.078  Additional homestead exemption for a first-time
143Florida homesteader.-
144     (1)  As used in this section, the term "first-time Florida
145homesteader" means a person who establishes the right to receive
146the homestead exemption provided in s. 196.031 within 1 year
147after purchasing the homestead property and who has not owned
148property in the 3 calendar years prior to such purchase to which
149the homestead exemption provided in s. 196.031(1)(a) applied.
150     (2)  For purposes of this section, the date on which the
151deed or other transfer instrument was signed and notarized or
152otherwise executed shall be considered the date a property was
153purchased.
154     (3)  Every first-time Florida homesteader is entitled to an
155additional homestead exemption in an amount equal to 50 percent
156of the median just value of the homestead property in the county
157where the property at issue is located in the calendar year
158immediately preceding January 1 of the year the homestead is
159established for all levies other than school district levies.
160The additional exemption applies for a period of 5 years or
161until the year the property is sold, whichever occurs first. The
162amount of the additional exemption shall be reduced in each
163subsequent year by an amount equal to 20 percent of the amount
164of the additional exemption received in the year the homestead
165was established or by an amount equal to the difference between
166the just value of the property and the assessed value of the
167property determined under s. 193.155, whichever is greater. Not
168more than one exemption provided under this subsection is
169allowed per homestead property. The additional exemption applies
170to property purchased on or after January 1, 2012, but is not
171available in the sixth and subsequent years after the additional
172exemption is first received.
173     (4)(a)  In 2012, the property appraiser shall require a
174first-time Florida homesteader claiming an exemption under this
175section to submit, not later than June 1 on a form prescribed by
176the Department of Revenue, a sworn statement attesting that the
177taxpayer, and each other person who holds legal or equitable
178title to the property, has not owned property in the 3 calendar
179years prior to such purchase to which the homestead exemption
180provided by s. 196.031(1)(a) applied.
181     (b)  In 2013 and thereafter, the property appraiser shall
182require a first-time Florida homesteader claiming an exemption
183under this section to submit, not later than March 1 on a form
184prescribed by the Department of Revenue, a sworn statement
185attesting that the taxpayer, and each other person who holds
186legal or equitable title to the property, has not owned property
187in the 3 calendar years prior to such purchase to which the
188homestead exemption provided by s. 196.031(1)(a) applied.
189     (c)  In order for the exemption provided under this section
190to be retained upon the addition of another person to the title
191to the property, the person added must also submit, not later
192than the subsequent March 1 on a form prescribed by the
193department, a sworn statement attesting that he or she has not
194owned property in the 3 calendar years prior to being added to
195the title to which the homestead exemption provided by s.
196196.031(1)(a) applied.
197     (5)  Sections 196.131 and 196.161 apply to the exemption
198provided in this section.
199     Section 7.  (1)  In anticipation of implementing this act,
200the executive director of the Department of Revenue is
201authorized, and all conditions are deemed met, to adopt
202emergency rules under ss. 120.536(1) and 120.54(4), Florida
203Statutes, to make necessary changes and preparations so that
204forms, methods, and data records, electronic or otherwise, are
205ready and in place if sections 2, 4, and 6 or sections 1, 3, and
2065 of this act become law.
207     (2)  Notwithstanding any other provision of law, such
208emergency rules shall remain in effect for 18 months after the
209date of adoption and may be renewed during the pendency of
210procedures to adopt rules addressing the subject of the
211emergency rules.
212     Section 8.  If House Joint Resolution 381 or Senate Joint
213Resolution 658, 2011 Regular Session, is approved by a vote of
214the electors in a special election held concurrent with the
215presidential preference primary in 2012 or in the general
216election held in November 2012, section 218.12, Florida
217Statutes, is amended to read:
218     218.12  Appropriations to offset reductions in ad valorem
219tax revenue in fiscally constrained counties.-
220     (1)(a)  Beginning in fiscal year 2008-2009, the Legislature
221shall appropriate moneys to offset the reductions in ad valorem
222tax revenue experienced by fiscally constrained counties, as
223defined in s. 218.67(1), which occur as a direct result of the
224implementation of revisions of Art. VII of the State
225Constitution approved in the special election held on January
22629, 2008. The moneys appropriated for this purpose shall be
227distributed in January of each fiscal year among the fiscally
228constrained counties based on each county's proportion of the
229total reduction in ad valorem tax revenue resulting from the
230implementation of the revision.
231     (b)(2)  On or before November 15 of each year, beginning in
2322008, each fiscally constrained county shall apply to the
233Department of Revenue to participate in the distribution of the
234appropriation and provide documentation supporting the county's
235estimated reduction in ad valorem tax revenue in the form and
236manner prescribed by the Department of Revenue. The
237documentation must include an estimate of the reduction in
238taxable value directly attributable to revisions of Art. VII of
239the State Constitution for all county taxing jurisdictions
240within the county and shall be prepared by the property
241appraiser in each fiscally constrained county. The documentation
242must also include the county millage rates applicable in all
243such jurisdictions for both the current year and the prior year;
244rolled-back rates, determined as provided in s. 200.065, for
245each county taxing jurisdiction; and maximum millage rates that
246could have been levied by majority vote pursuant to s. 200.185.
247For purposes of this section, each fiscally constrained county's
248reduction in ad valorem tax revenue shall be calculated as 95
249percent of the estimated reduction in taxable value times the
250lesser of the 2007 applicable millage rate or the applicable
251millage rate for each county taxing jurisdiction in the prior
252year.
253     (c)(3)  In determining the reductions in ad valorem tax
254revenues occurring as a result of the implementation of the
255revisions to Art. VII of the State Constitution approved in the
256special election held on January 29, 2008, the value of
257assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
258State Constitution shall include only the reduction in taxable
259value for homesteads established January 1 of the year in which
260the determination is being made.
261     (2)(a)  Beginning in the 2012-2013 fiscal year, the
262Legislature shall consider appropriating moneys to offset the
263reductions in ad valorem tax revenue experienced by fiscally
264constrained counties, as defined in s. 218.67(1), which occur as
265a direct result of the implementation of the revision of Art.
266VII of the State Constitution contained in House Joint
267Resolution 381 or Senate Joint Resolution 658, 2011 Regular
268Session. The moneys appropriated for this purpose shall be
269distributed among the fiscally constrained counties based on
270each county's proportion of the total reduction in ad valorem
271tax revenue resulting from the implementation of the revision.
272     (b)  On or before February 1 each year, each fiscally
273constrained county shall apply to the Department of Revenue to
274participate in the distribution of the appropriation and provide
275documentation supporting the county's estimated reduction in ad
276valorem tax revenue to the Department of Revenue.
277     Section 9.  This act shall take effect upon becoming a law,
278except that the sections of this act that take effect upon the
279approval of House Joint Resolution 381 or Senate Joint
280Resolution 658, 2011 Regular Session, by a vote of the electors
281in a special election held concurrent with the presidential
282preference primary in 2012 shall apply retroactively to the 2012
283tax roll if the revision of the State Constitution contained in
284House Joint Resolution 381 or Senate Joint Resolution 658, 2011
285Regular Session, is approved by a vote of the electors in a
286special election held concurrent with the presidential
287preference primary in 2012; or the sections of this act that
288take effect upon the approval of House Joint Resolution 381 or
289Senate Joint Resolution 658, 2011 Regular Session, by a vote of
290the electors in the general election held in November 2012 shall
291apply to the 2013 tax roll if the revision of the State
292Constitution contained in House Joint Resolution 381 or Senate
293Joint Resolution 658, 2011 Regular Session, is approved by a
294vote of the electors in the general election held in November
2952012.


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