Florida Senate - 2011                                    SB 1722
       
       
       
       By Senator Fasano
       
       
       
       
       11-00209-11                                           20111722__
    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
    4         the value of nonhomestead residential property
    5         resulting from an annual reassessment may exceed the
    6         assessed value of the property for the prior year;
    7         amending s. 193.1555, F.S.; reducing the amount that
    8         any change in the value of certain residential and
    9         nonresidential real property resulting from an annual
   10         reassessment may exceed the assessed value of the
   11         property for the prior year; creating s. 196.078,
   12         F.S.; providing a definition; providing a first-time
   13         Florida homesteader with an additional homestead
   14         exemption; providing for calculation of the exemption;
   15         providing for the applicability period of the
   16         exemption; providing for an annual reduction in the
   17         exemption during the applicability period; providing
   18         application procedures; providing for applicability of
   19         specified provisions; providing for contingent effect
   20         of provisions and varying dates of application
   21         depending on the adoption and adoption date of
   22         specified joint resolutions; authorizing the
   23         Department of Revenue to adopt emergency rules;
   24         providing for application and renewal of emergency
   25         rules; providing for retroactive application;
   26         providing effective dates.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. 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 193.1554, Florida Statutes, is amended
   34  to read:
   35         193.1554 Assessment of nonhomestead residential property.—
   36         (3) Beginning in 2013 2009, or the year following the year
   37  the property is placed on the tax roll, whichever is later, the
   38  property shall be reassessed annually on January 1. Any change
   39  resulting from such reassessment may not exceed 3 10 percent of
   40  the assessed value of the property for the prior year.
   41         Section 2. If House Joint Resolution 381 or Senate Joint
   42  Resolution 658, 2011 Regular Session, is approved by a vote of
   43  the electors in a special election held concurrent with the
   44  presidential preference primary in 2012, subsection (3) of
   45  section 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
   48  the property is placed on the tax roll, whichever is later, the
   49  property shall be reassessed annually on January 1. Any change
   50  resulting from such reassessment may not exceed 3 10 percent of
   51  the assessed value of the property for the prior year.
   52         Section 3. If House Joint Resolution 381 or Senate Joint
   53  Resolution 658, 2011 Regular Session, is approved by a vote of
   54  the electors in the general election held in November 2012,
   55  subsection (3) of section 193.1555, Florida Statutes, is amended
   56  to read:
   57         193.1555 Assessment of certain residential and
   58  nonresidential real property.—
   59         (3) Beginning in 2013 2009, or the year following the year
   60  the property is placed on the tax roll, whichever is later, the
   61  property shall be reassessed annually on January 1. Any change
   62  resulting from such reassessment may not exceed 3 10 percent of
   63  the assessed value of the property for the prior year.
   64         Section 4. If House Joint Resolution 381 or Senate Joint
   65  Resolution 658, 2011 Regular Session, is approved by a vote of
   66  the electors in a special election held concurrent with the
   67  presidential preference primary in 2012, subsection (3) of
   68  section 193.1555, Florida Statutes, is amended to read:
   69         193.1555 Assessment of certain residential and
   70  nonresidential real property.—
   71         (3) Beginning in 2012 2009, or the year following the year
   72  the property is placed on the tax roll, whichever is later, the
   73  property shall be reassessed annually on January 1. Any change
   74  resulting from such reassessment may not exceed 3 10 percent of
   75  the assessed value of the property for the prior year.
   76         Section 5. If House Joint Resolution 381 or Senate Joint
   77  Resolution 658, 2011 Regular Session, is approved by a vote of
   78  the electors in the general election held in November 2012,
   79  section 196.078, Florida Statutes, is created to read:
   80         196.078 Additional homestead exemption for a first-time
   81  Florida homesteader.—
   82         (1) As used in this section, the term “first-time Florida
   83  homesteader” means a person who establishes the right to receive
   84  the homestead exemption provided in s. 196.031 within 1 year
   85  after purchasing the homestead property and who has not owned
   86  property in the previous 3 years to which the homestead
   87  exemption provided in s. 196.031(1)(a) applied.
   88         (2) Every first-time Florida homesteader is entitled to an
   89  additional homestead exemption in an amount equal to 50 percent
   90  of the homestead property’s just value on January 1 of the year
   91  the homestead is established for all levies other than school
   92  district levies. The additional exemption shall apply for a
   93  period of 5 years or until the year the property is sold,
   94  whichever occurs first. The amount of the additional exemption
   95  shall not exceed $200,000 and shall be reduced in each
   96  subsequent year by an amount equal to 20 percent of the amount
   97  of the additional exemption received in the year the homestead
   98  was established or by an amount equal to the difference between
   99  the just value of the property and the assessed value of the
  100  property determined under s. 193.155, whichever is greater. Not
  101  more than one exemption provided under this subsection shall be
  102  allowed per homestead property. The additional exemption shall
  103  apply to property purchased on or after January 1, 2012, but
  104  shall not be available in the sixth and subsequent years after
  105  the additional exemption is first received.
  106         (3) The property appraiser shall require a first-time
  107  Florida homesteader claiming an exemption under this section to
  108  submit, not later than March 1 on a form prescribed by the
  109  Department of Revenue, a sworn statement attesting that the
  110  taxpayer, and each other person who holds legal or equitable
  111  title to the property, has not owned property in the prior 3
  112  years that received the homestead exemption provided by s.
  113  196.031. In order for the exemption to be retained upon the
  114  addition of another person to the title to the property, the
  115  person added must also submit, not later than the subsequent
  116  March 1 on a form prescribed by the department, a sworn
  117  statement attesting that he or she has not owned property in the
  118  prior 3 years that received the homestead exemption provided by
  119  s. 196.031.
  120         (4) Sections 196.131 and 196.161 apply to the exemption
  121  provided in this section.
  122         Section 6. If House Joint Resolution 381 or Senate Joint
  123  Resolution 658, 2011 Regular Session, is approved by a vote of
  124  the electors in a special election held concurrent with the
  125  presidential preference primary in 2012, section 196.078,
  126  Florida Statutes, is created to read:
  127         196.078 Additional homestead exemption for a first-time
  128  Florida homesteader.—
  129         (1) As used in this section, the term “first-time Florida
  130  homesteader” means a person who establishes the right to receive
  131  the homestead exemption provided in s. 196.031 within 1 year
  132  after purchasing the homestead property and who has not owned
  133  property in the previous 3 years to which the homestead
  134  exemption provided in s. 196.031(1)(a) applied.
  135         (2) Every first-time Florida homesteader is entitled to an
  136  additional homestead exemption in an amount equal to 50 percent
  137  of the homestead property’s just value on January 1 of the year
  138  the homestead is established for all levies other than school
  139  district levies. The additional exemption shall apply for a
  140  period of 5 years or until the year the property is sold,
  141  whichever occurs first. The amount of the additional exemption
  142  shall not exceed $200,000 and shall be reduced in each
  143  subsequent year by an amount equal to 20 percent of the amount
  144  of the additional exemption received in the year the homestead
  145  was established or by an amount equal to the difference between
  146  the just value of the property and the assessed value of the
  147  property determined under s. 193.155, whichever is greater. Not
  148  more than one exemption provided under this subsection shall be
  149  allowed per homestead property. The additional exemption shall
  150  apply to property purchased on or after January 1, 2011, but
  151  shall not be available in the sixth and subsequent years after
  152  the additional exemption is first received.
  153         (3) The property appraiser shall require a first-time
  154  Florida homesteader claiming an exemption under this section to
  155  submit, not later than March 1 on a form prescribed by the
  156  Department of Revenue, a sworn statement attesting that the
  157  taxpayer, and each other person who holds legal or equitable
  158  title to the property, has not owned property in the prior 3
  159  years that received the homestead exemption provided by s.
  160  196.031. In order for the exemption to be retained upon the
  161  addition of another person to the title to the property, the
  162  person added must also submit, not later than the subsequent
  163  March 1 on a form prescribed by the department, a sworn
  164  statement attesting that he or she has not owned property in the
  165  prior 3 years that received the homestead exemption provided by
  166  s. 196.031.
  167         (4) Sections 196.131 and 196.161 apply to the exemption
  168  provided in this section.
  169         Section 7. (1) In anticipation of implementing this act,
  170  the executive director of the Department of Revenue is
  171  authorized, and all conditions are deemed met, to adopt
  172  emergency rules under ss. 120.536(1) and 120.54(4), Florida
  173  Statutes, to make necessary changes and preparations so that
  174  forms, methods, and data records, electronic or otherwise, are
  175  ready and in place if sections 2, 4, and 6 or sections 1, 3, and
  176  5 of this act become law.
  177         (2) Notwithstanding any other provision of law, such
  178  emergency rules shall remain in effect for 18 months after the
  179  date of adoption and may be renewed during the pendency of
  180  procedures to adopt rules addressing the subject of the
  181  emergency rules.
  182         Section 8. This act shall take effect upon becoming a law,
  183  except that the sections of this act that take effect upon the
  184  approval of House Joint Resolution 381 or Senate Joint
  185  Resolution 658, 2011 Regular Session, by a vote of the electors
  186  in a special election held concurrent with the presidential
  187  preference primary in 2012 shall apply retroactively to the 2012
  188  tax roll if the revision of the State Constitution contained in
  189  House Joint Resolution 381 or Senate Joint Resolution 658, 2011
  190  Regular Session, is approved by a vote of the electors in a
  191  special election held concurrent with the presidential
  192  preference primary in 2012; or the sections of this act that
  193  take effect upon the approval of House Joint Resolution 381 or
  194  Senate Joint Resolution 658, 2011 Regular Session, by a vote of
  195  the electors in the general election held in November 2012 shall
  196  apply to the 2013 tax roll if the revision of the State
  197  Constitution contained in House Joint Resolution 381 or Senate
  198  Joint Resolution 658, 2011 Regular Session, is approved by a
  199  vote of the electors in the general election held in November of
  200  2012.