Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1722
       
       
       
       
       
       
                                Barcode 979524                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  05/18/2011           .                                
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       The Committee on Judiciary (Joyner) recommended the following:
       
    1         Senate Substitute for Amendment (901724) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. If House Joint Resolution 381 or Senate Joint
    7  Resolution 658, 2011 Regular Session, is approved by a vote of
    8  the electors in the general election held in November 2012,
    9  subsection (3) of section 193.1554, Florida Statutes, is amended
   10  to read:
   11         193.1554 Assessment of nonhomestead residential property.—
   12         (3) Beginning in 2013 2009, or the year following the year
   13  the property is placed on the tax roll, whichever is later, the
   14  property shall be reassessed annually on January 1. Any change
   15  resulting from such reassessment may not exceed 3 10 percent of
   16  the assessed value of the property for the prior year, except as
   17  provided in subsection (6).
   18         Section 2. If House Joint Resolution 381 or Senate Joint
   19  Resolution 658, 2011 Regular Session, is approved by a vote of
   20  the electors in a special election held concurrent with the
   21  presidential preference primary in 2012, subsection (3) of
   22  section 193.1554, Florida Statutes, is amended to read:
   23         193.1554 Assessment of nonhomestead residential property.—
   24         (3) Beginning in 2012 2009, or the year following the year
   25  the property is placed on the tax roll, whichever is later, the
   26  property shall be reassessed annually on January 1. Any change
   27  resulting from such reassessment may not exceed 3 10 percent of
   28  the assessed value of the property for the prior year, except as
   29  provided in subsection (6).
   30         Section 3. If House Joint Resolution 381 or Senate Joint
   31  Resolution 658, 2011 Regular Session, is approved by a vote of
   32  the electors in the general election held in November 2012,
   33  subsection (3) of section 193.1555, Florida Statutes, is amended
   34  to read:
   35         193.1555 Assessment of certain residential and
   36  nonresidential real property.—
   37         (3) Beginning in 2013 2009, or the year following the year
   38  the property is placed on the tax roll, whichever is later, the
   39  property shall be reassessed annually on January 1. Any change
   40  resulting from such reassessment may not exceed 3 10 percent of
   41  the assessed value of the property for the prior year, except as
   42  provided in subsection (6).
   43         Section 4. If House Joint Resolution 381 or Senate Joint
   44  Resolution 658, 2011 Regular Session, is approved by a vote of
   45  the electors in a special election held concurrent with the
   46  presidential preference primary in 2012, subsection (3) of
   47  section 193.1555, Florida Statutes, is amended to read:
   48         193.1555 Assessment of certain residential and
   49  nonresidential real property.—
   50         (3) Beginning in 2012 2009, or the year following the year
   51  the property is placed on the tax roll, whichever is later, the
   52  property shall be reassessed annually on January 1. Any change
   53  resulting from such reassessment may not exceed 3 10 percent of
   54  the assessed value of the property for the prior year, except as
   55  provided in subsection (6).
   56         Section 5. If House Joint Resolution 381 or Senate Joint
   57  Resolution 658, 2011 Regular Session, is approved by a vote of
   58  the electors in the general election held in November 2012,
   59  section 196.078, Florida Statutes, is created to read:
   60         196.078 Additional homestead exemption for a first-time
   61  Florida homesteader.—
   62         (1) As used in this section, the term “first-time Florida
   63  homesteader” means a person who establishes the right to receive
   64  the homestead exemption provided in s. 196.031 within 1 year
   65  after purchasing the homestead property and who has not owned
   66  property in the previous 3 years to which the homestead
   67  exemption provided in s. 196.031(1)(a) applied.
   68         (2) Every first-time Florida homesteader is entitled to an
   69  additional homestead exemption in an amount equal to 50 percent
   70  of the homestead property’s just value on January 1 of the year
   71  the homestead is established for all levies other than school
   72  district levies. The additional exemption applies for a period
   73  of 5 years or until the year the property is sold, whichever
   74  occurs first. The amount of the additional exemption may not
   75  exceed $200,000 and shall be reduced in each subsequent year by
   76  an amount equal to 20 percent of the amount of the additional
   77  exemption received in the year the homestead was established or
   78  by an amount equal to the difference between the just value of
   79  the property and the assessed value of the property determined
   80  under s. 193.155, whichever is greater. Only one exemption
   81  provided under this subsection is allowed per homestead
   82  property. The additional exemption applies to property purchased
   83  on or after January 1, 2012, but is not available in the 6th and
   84  subsequent years after the additional exemption is first
   85  received.
   86         (3) The property appraiser shall require a first-time
   87  Florida homesteader claiming an exemption under this section to
   88  submit by March 1 on a form prescribed by the Department of
   89  Revenue a sworn statement attesting that the taxpayer, and each
   90  other person who holds legal or equitable title to the property,
   91  has not owned property in the prior 3 years which received the
   92  homestead exemption provided by s. 196.031. In order for the
   93  exemption to be retained upon the addition of another person to
   94  the title to the property, the person added must also submit by
   95  the subsequent March 1 on a form prescribed by the department a
   96  sworn statement attesting that he or she has not owned property
   97  in the prior 3 years which received the homestead exemption
   98  provided by s. 196.031.
   99         (4) Sections 196.131 and 196.161 apply to the exemption
  100  provided in this section.
  101         Section 6. If House Joint Resolution 381 or Senate Joint
  102  Resolution 658, 2011 Regular Session, is approved by a vote of
  103  the electors in a special election held concurrent with the
  104  presidential preference primary in 2012, section 196.078,
  105  Florida Statutes, is created to read:
  106         196.078 Additional homestead exemption for a first-time
  107  Florida homesteader.—
  108         (1) As used in this section, the term “first-time Florida
  109  homesteader” means a person who establishes the right to receive
  110  the homestead exemption provided in s. 196.031 within 1 year
  111  after purchasing the homestead property and who has not owned
  112  property in the previous 3 years to which the homestead
  113  exemption provided in s. 196.031(1)(a) applied.
  114         (2) Every first-time Florida homesteader is entitled to an
  115  additional homestead exemption in an amount equal to 50 percent
  116  of the homestead property’s just value on January 1 of the year
  117  the homestead is established for all levies other than school
  118  district levies. The additional exemption applies for a period
  119  of 5 years or until the year the property is sold, whichever
  120  occurs first. The amount of the additional exemption may not
  121  exceed $200,000 and shall be reduced in each subsequent year by
  122  an amount equal to 20 percent of the amount of the additional
  123  exemption received in the year the homestead was established or
  124  by an amount equal to the difference between the just value of
  125  the property and the assessed value of the property determined
  126  under s. 193.155, whichever is greater. Only one exemption
  127  provided under this subsection is allowed per homestead
  128  property. The additional exemption applies to property purchased
  129  on or after January 1, 2011, but is not available in the 6th and
  130  subsequent years after the additional exemption is first
  131  received.
  132         (3) The property appraiser shall require a first-time
  133  Florida homesteader claiming an exemption under this section to
  134  submit by March 1 on a form prescribed by the Department of
  135  Revenue a sworn statement attesting that the taxpayer, and each
  136  other person who holds legal or equitable title to the property,
  137  has not owned property in the prior 3 years which received the
  138  homestead exemption provided by s. 196.031. In order for the
  139  exemption to be retained upon the addition of another person to
  140  the title to the property, the person added must also submit by
  141  the subsequent March 1 on a form prescribed by the department a
  142  sworn statement attesting that he or she has not owned property
  143  in the prior 3 years which received the homestead exemption
  144  provided by s. 196.031.
  145         (4) Sections 196.131 and 196.161 apply to the exemption
  146  provided in this section.
  147         Section 7. (1) In anticipation of implementing this act,
  148  the executive director of the Department of Revenue is
  149  authorized, and all conditions are deemed met, to adopt
  150  emergency rules under ss. 120.536(1) and 120.54(4), Florida
  151  Statutes, to make necessary changes and preparations so that
  152  forms, methods, and data records, electronic or otherwise, are
  153  ready and in place if sections 2, 4, and 6, or sections 1, 3,
  154  and 5 of this act become law.
  155         (2) Notwithstanding any other provision of law, such
  156  emergency rules shall remain in effect for 18 months after the
  157  date of adoption and may be renewed during the pendency of
  158  procedures to adopt rules addressing the subject of the
  159  emergency rules.
  160         Section 8. This act shall take effect upon becoming a law,
  161  except that the sections of this act which take effect upon the
  162  approval of House Joint Resolution 381 or Senate Joint
  163  Resolution 658, 2011 Regular Session, by a vote of the electors
  164  in a special election held concurrent with the presidential
  165  preference primary in 2012 apply retroactively to the 2012 tax
  166  roll if the revision of the State Constitution contained in
  167  House Joint Resolution 381 or Senate Joint Resolution 658, 2011
  168  Regular Session, is approved by a vote of the electors in a
  169  special election held concurrent with the presidential
  170  preference primary in 2012; or the sections of this act which
  171  take effect upon the approval of House Joint Resolution 381 or
  172  Senate Joint Resolution 658, 2011 Regular Session, by a vote of
  173  the electors in the general election held in November 2012 apply
  174  to the 2013 tax roll if the revision of the State Constitution
  175  contained in House Joint Resolution 381 or Senate Joint
  176  Resolution 658, 2011 Regular Session, is approved by a vote of
  177  the electors in the general election held in November 2012.
  178  
  179  ================= T I T L E  A M E N D M E N T ================
  180         And the title is amended as follows:
  181         Delete everything before the enacting clause
  182  and insert:
  183                        A bill to be entitled                      
  184         An act relating to ad valorem taxation; amending ss.
  185         193.1554 and 193.1555, F.S.; reducing the amount that
  186         any change in the value of certain real property
  187         resulting from an annual reassessment may exceed the
  188         assessed value of the property for the prior year
  189         under specified circumstances; providing exceptions;
  190         creating s. 196.078, F.S.; providing a definition;
  191         providing a first-time Florida homesteader with an
  192         additional homestead exemption; providing for
  193         calculation of the exemption; providing for the
  194         applicability period of the exemption; providing for
  195         an annual reduction in the exemption during the
  196         applicability period; providing application
  197         procedures; providing for applicability of specified
  198         provisions; providing for contingent effect of
  199         provisions and varying dates of application depending
  200         on the adoption and adoption date of specified joint
  201         resolutions; authorizing the Department of Revenue to
  202         adopt emergency rules; providing for application and
  203         renewal of emergency rules; providing for certain
  204         contingent effect and retroactive application;
  205         providing an effective date.