Florida Senate - 2011              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 2042
       
       
       
       
       
                                Barcode 563296                          
       
       593-04075A-11                                                   
       Proposed Committee Substitute by the Committee on Budget
       Subcommittee on Finance and Tax
    1                        A bill to be entitled                      
    2         An act relating to the administration of property tax;
    3         amending s. 192.001, F.S.; clarifying definitions
    4         governing the administration of property tax;
    5         repealing s. 192.117, F.S., relating to the Property
    6         Tax Administration Task Force; amending s. 193.114,
    7         F.S.; revising provisions requiring that certain
    8         information be included on the real property
    9         assessment roll following a transfer of ownership;
   10         defining the term “ownership transfer date”; amending
   11         s. 193.122, F.S.; requiring a property appraiser to
   12         publish a notice of the date of certification of the
   13         tax roll on the appraiser’s website; amending s.
   14         193.155, F.S.; clarifying provisions allowing a
   15         taxpayer to file an application for homestead
   16         assessment in the year following eligibility; amending
   17         ss. 193.1554 and 193.1555, F.S.; specifying that
   18         property is assessed at just value as of January 1 of
   19         the year that the property becomes eligible for
   20         assessment rather than the year in which the property
   21         is placed on the tax roll; providing for the
   22         assessment of a parcel that is created by combining or
   23         dividing a parcel that is eligible for assessment as
   24         nonhomestead residential property or nonresidential
   25         real property; amending ss. 193.501, 193.503, and
   26         193.505, F.S.; deleting provisions requiring that the
   27         tax collector report deferred tax liability to the
   28         Department of Revenue; amending s. 194.011, F.S.;
   29         clarifying provisions requiring that an objection to
   30         an assessment be filed within a specified period;
   31         amending s. 194.032, F.S.; providing for a
   32         petitioner’s hearing before the value adjustment board
   33         to be rescheduled under certain circumstances;
   34         amending s. 194.034, F.S.; deleting a requirement that
   35         the Department of Revenue be notified of decisions by
   36         the value adjustment board or special magistrate;
   37         requiring that the clerk provide certain information
   38         to the department upon request; amending s. 194.035,
   39         F.S.; deleting requirements that the department
   40         establish the range of payments for special
   41         magistrates and that reimbursements to counties be
   42         prorated under certain circumstances; requiring that
   43         all parties to a petition be notified of certain
   44         communications concerning a complaint relating to a
   45         special magistrate; directing the legal counsel for
   46         the board to review certain communications, obtain
   47         other information, and advise the board; providing for
   48         removal of a special magistrate under certain
   49         circumstances; prohibiting a counsel’s recommended
   50         decision from being reconsidered until certain
   51         conditions are fulfilled; requiring notification of
   52         all parties of actions taken by the board concerning
   53         the complaint about the special magistrate; amending
   54         s. 194.037, F.S.; revising requirements for the
   55         information that is provided by the clerk in a
   56         newspaper of general circulation regarding the tax
   57         impact of petitions before the value adjustment board;
   58         amending s. 194.171, F.S.; defining the term
   59         “rendered” for purposes of determining the time within
   60         which to contest a tax assessment; amending s.
   61         195.096, F.S.; revising requirements for the
   62         Department of Revenue to provide certain information
   63         concerning its review of assessment rolls to the
   64         Legislature and county commissions; providing for such
   65         information to be provided upon request; repealing s.
   66         195.0985, F.S., relating to a requirement that the
   67         department publish annual ratio studies; amending s.
   68         195.099, F.S.; allowing the department discretion in
   69         reviewing assessments of certain businesses; amending
   70         s. 196.012, F.S.; revising the definitions of the
   71         terms “new business” and “expansion of an existing
   72         business”; amending s. 196.031, F.S.; providing for ad
   73         valorem tax exemptions to be applied in the order that
   74         results in the lowest taxable value of a homestead;
   75         amending s. 196.081, F.S.; authorizing an applicant
   76         for an exemption for a disabled veteran or for a
   77         surviving spouse to apply for the exemption before
   78         receiving certain documentation from the Federal
   79         Government; amending s. 196.082, F.S.; authorizing an
   80         applicant for a discount available to disabled
   81         veterans to apply for the discount before receiving
   82         certain documentation from the Federal Government;
   83         amending s. 196.091, F.S.; authorizing an applicant
   84         applying for an exemption for disabled veterans
   85         confined to a wheelchair to apply for the exemption
   86         before receiving certain documentation from the
   87         Federal Government; amending s. 196.101, F.S.;
   88         authorizing an applicant applying for an exemption for
   89         totally and permanently disabled persons to apply for
   90         the exemption before receiving certain documentation
   91         from the Federal Government; amending s. 196.121,
   92         F.S.; authorizing the Department of Revenue to provide
   93         certain forms electronically; amending s. 196.1995,
   94         F.S.; authorizing the board of county commissioners of
   95         a charter county to call and hold a referendum to
   96         determine whether to grant economic development ad
   97         valorem tax exemptions; revising the language of
   98         ballot questions relating to the authority to grant
   99         economic development tax exemptions; providing for
  100         application of a provision limiting the calling of
  101         another referendum within a certain time; specifying
  102         additional information that must be included in a
  103         written application requesting adoption of an
  104         ordinance granting an economic development ad valorem
  105         tax exemption; specifying factors for a board of
  106         county commissioners or governing authority of a
  107         municipality to consider when deciding whether to
  108         approve or reject applications for economic
  109         development tax exemptions; providing legislative
  110         intent; limiting the allowable duration of an economic
  111         development tax exemption granted by a county or
  112         municipal ordinance; authorizing written tax exemption
  113         agreements consistent with the act upon approval of a
  114         tax exemption application; specifying that the written
  115         tax agreement must require the applicant to report
  116         certain information at a specific time before
  117         expiration of the exemption; authorizing the board of
  118         county commissioners or the governing authority of the
  119         municipality to revoke, in whole or in part, the
  120         exemption under certain circumstances; amending s.
  121         196.202, F.S.; authorizing an applicant applying for
  122         an exemption for widows, widowers, blind persons, or
  123         persons who are totally and permanently disabled to
  124         apply for the exemption before receiving certain
  125         documentation from the Federal Government; amending s.
  126         196.24, F.S.; authorizing an applicant applying for an
  127         exemption for disabled ex-servicemembers or a
  128         surviving spouse to apply for the exemption before
  129         receiving certain documentation from the Federal
  130         Government; amending s. 197.182, F.S.; increasing the
  131         maximum value of refund that may be made by the tax
  132         collector without approval by the Department of
  133         Revenue; amending ss. 197.253, 197.3041, and 197.3073,
  134         F.S., relating to certain tax deferrals; conforming
  135         cross-references; amending s. 200.065, F.S., relating
  136         to the method of fixing millage; clarifying provisions
  137         requiring publication of notice; conforming cross
  138         references; amending s. 200.069, F.S.; requiring a
  139         property appraiser, at the request of the governing
  140         body of a county, to mail an additional form along
  141         with the notice of proposed taxes to notify taxpayers
  142         of the portion of the proposed nonvoted county millage
  143         rate that is attributable to each constitutional
  144         officer and the county commission; amending ss. 218.12
  145         and 218.125, F.S.; providing for certain undistributed
  146         moneys to revert to the fund from which the
  147         appropriation was made if a fiscally constrained
  148         county fails to apply for its distribution; providing
  149         effective dates.
  150  
  151  Be It Enacted by the Legislature of the State of Florida:
  152  
  153         Section 1. Subsections (2) and (18) of section 192.001,
  154  Florida Statutes, are amended to read:
  155         192.001 Definitions.—All definitions set out in chapters 1
  156  and 200 that are applicable to this chapter are included herein.
  157  In addition, the following definitions shall apply in the
  158  imposition of ad valorem taxes:
  159         (2) “Assessed value of property” means an annual
  160  determination of the just or fair market value of an item or
  161  property, or the value of the homestead property as limited
  162  pursuant to s. 4(d), Art. VII of the State Constitution, or, if
  163  a property is assessed solely on the basis of character or use
  164  or at a specified percentage of its value, pursuant to s. 4(a)
  165  or 4(c), Art. VII of the State Constitution, its classified use
  166  value or fractional value.
  167         (18) “Complete submission of the rolls” includes, but is
  168  not necessarily limited to, accurate tabular summaries of
  169  valuations as prescribed by department rule; a computer tape
  170  copy of the real property assessment roll including for each
  171  parcel total value of improvements, land value, the two most
  172  recently recorded selling prices and other transfer data
  173  required by s. 193.114, the value of any improvement made to the
  174  parcel in the 12 months preceding the valuation date, the type
  175  and amount of any exemption granted, and such other information
  176  as may be required by department rule; an accurate tabular
  177  summary by property class of any adjustments made to recorded
  178  selling prices or fair market value in arriving at assessed
  179  value, as prescribed by department rule; a computer tape copy of
  180  the tangible personal property assessment roll, including for
  181  each entry a unique account number and such other information as
  182  may be required by department rule; and an accurate tabular
  183  summary of per-acre land valuations used for each class of
  184  agricultural property in preparing the assessment roll, as
  185  prescribed by department rule.
  186         Section 2. Section 192.117, Florida Statutes, is repealed.
  187         Section 3. Paragraphs (n) and (p) of subsection (2) of
  188  section 193.114, Florida Statutes, are amended to read:
  189         193.114 Preparation of assessment rolls.—
  190         (2) The real property assessment roll shall include:
  191         (n) The recorded selling For each sale of the property in
  192  the previous year, the sale price, ownership transfer sale date,
  193  and official record book and page number or clerk instrument
  194  number for each deed or other instrument transferring ownership
  195  of real property and recorded or otherwise discovered during the
  196  period beginning 1 year before the assessment date and up to the
  197  date the assessment roll is submitted to the department., and
  198  The basis for qualification or disqualification as an arms
  199  length transaction of each transfer or sale shall be included on
  200  the assessment roll. Sale data must be current on all tax rolls
  201  submitted to the department, and Sale qualification decisions
  202  for transfers must be recorded on the assessment tax roll within
  203  3 months after the sale date that the deed or other transfer
  204  instrument is recorded or otherwise discovered. For purposes of
  205  this paragraph, the term “ownership transfer date” means the
  206  date on which the deed or other transfer instrument is signed
  207  and notarized or otherwise executed.
  208         (p) The name and address of the owner or fiduciary
  209  responsible for the payment of taxes on the property and an
  210  indicator of fiduciary capacity, as appropriate.
  211         Section 4. Effective July 1, 2011, and applicable to
  212  assessments beginning with the 2011 tax year, subsection (2) of
  213  section 193.122, Florida Statutes, are amended to read:
  214         193.122 Certificates of value adjustment board and property
  215  appraiser; extensions on the assessment rolls.—
  216         (2) After the first certification of the tax rolls by the
  217  value adjustment board, the property appraiser shall make all
  218  required extensions on the rolls to show the tax attributable to
  219  all taxable property. Upon completion of these extensions, and
  220  upon satisfying himself or herself that all property is properly
  221  taxed, the property appraiser shall certify the tax rolls and
  222  shall within 1 week thereafter publish notice of the date and
  223  fact of extension and certification in a periodical meeting the
  224  requirements of s. 50.011 and publicly display a notice of the
  225  date of certification in the office of the property appraiser
  226  and publish the notice on the website of the property appraiser.
  227  The property appraiser shall also supply notice of the date of
  228  the certification to any taxpayer who requests one in writing.
  229  These certificates and notices shall be made in the form
  230  required by the department and shall be attached to each roll as
  231  required by the department by regulation.
  232         Section 5. Effective July 1, 2011, paragraph (j) of
  233  subsection (8) of section 193.155, Florida Statutes, is amended
  234  to read:
  235         193.155 Homestead assessments.—Homestead property shall be
  236  assessed at just value as of January 1, 1994. Property receiving
  237  the homestead exemption after January 1, 1994, shall be assessed
  238  at just value as of January 1 of the year in which the property
  239  receives the exemption unless the provisions of subsection (8)
  240  apply.
  241         (8) Property assessed under this section shall be assessed
  242  at less than just value when the person who establishes a new
  243  homestead has received a homestead exemption as of January 1 of
  244  either of the 2 immediately preceding years. A person who
  245  establishes a new homestead as of January 1, 2008, is entitled
  246  to have the new homestead assessed at less than just value only
  247  if that person received a homestead exemption on January 1,
  248  2007, and only if this subsection applies retroactive to January
  249  1, 2008. For purposes of this subsection, a husband and wife who
  250  owned and both permanently resided on a previous homestead shall
  251  each be considered to have received the homestead exemption even
  252  though only the husband or the wife applied for the homestead
  253  exemption on the previous homestead. The assessed value of the
  254  newly established homestead shall be determined as provided in
  255  this subsection.
  256         (j) Any person who is qualified to have his or her property
  257  assessed under this subsection and who fails to timely file an
  258  application for such assessment his or her new homestead in the
  259  first year following eligibility may file in a subsequent year.
  260  The assessment reduction, calculated as if the application for
  261  assessment under this subsection had been timely filed, shall be
  262  applied to assessed value in the year such assessment the
  263  transfer is first approved, and refunds of tax may not be made
  264  for previous years.
  265         Section 6. Subsections (2), (3), and (7) of section
  266  193.1554, Florida Statutes, are amended to read:
  267         193.1554 Assessment of nonhomestead residential property.—
  268         (2) For all levies other than school district levies,
  269  nonhomestead residential property shall be assessed at just
  270  value as of January 1, 2008. Property that becomes eligible for
  271  assessment pursuant to this section placed on the tax roll after
  272  January 1, 2008, shall be assessed at just value as of January 1
  273  of the year in which the property becomes eligible is placed on
  274  the tax roll.
  275         (3) Beginning in 2009, or the year following the year the
  276  property becomes eligible for assessment pursuant to this
  277  section is placed on the tax roll, whichever is later, the
  278  property shall be reassessed annually on January 1. Any change
  279  resulting from such reassessment may not exceed 10 percent of
  280  the assessed value of the property for the prior year.
  281         (7) Any increase in the value of property assessed under
  282  this section which is attributable to combining or dividing
  283  parcels shall be assessed at just value, and the just value
  284  shall be apportioned among the parcels created. A parcel that is
  285  created by combining or dividing a parcel that is eligible for
  286  assessment pursuant to this section retains such eligibility and
  287  shall be assessed as provided in this subsection. A parcel that
  288  is combined or divided after January 1 and that is included as a
  289  combined or divided parcel on the tax notice shall not be
  290  considered to be a combined or divided parcel for purposes of
  291  this section until the January 1 that it is first assessed as a
  292  combined or divided parcel.
  293         Section 7. Subsections (2), (3), and (7) of section
  294  193.1555, Florida Statutes, are amended to read:
  295         193.1555 Assessment of certain residential and
  296  nonresidential real property.—
  297         (2) For all levies other than school district levies,
  298  nonresidential or nonhomestead real property shall be assessed
  299  at just value as of January 1, 2008. Property that becomes
  300  eligible for assessment pursuant to this section placed on the
  301  tax roll after January 1, 2008, shall be assessed at just value
  302  as of January 1 of the year in which the property becomes
  303  eligible for assessment pursuant to this section is placed on
  304  the tax roll.
  305         (3) Beginning in 2009, or the year following the year the
  306  property becomes eligible for assessment pursuant to this
  307  section is placed on the tax roll, whichever is later, the
  308  property shall be reassessed annually on January 1. Any change
  309  resulting from such reassessment may not exceed 10 percent of
  310  the assessed value of the property for the prior year.
  311         (7) Any increase in the value of property assessed under
  312  this section which is attributable to combining or dividing
  313  parcels shall be assessed at just value, and the just value
  314  shall be apportioned among the parcels created. A parcel that is
  315  created by combining or dividing a parcel that is eligible for
  316  assessment pursuant to this section retains such eligibility and
  317  shall be assessed as provided in this subsection. A parcel that
  318  is combined or divided after January 1 and that is included as a
  319  combined or divided parcel on the tax notice shall not be
  320  considered to be a combined or divided parcel for purposes of
  321  this section until the January 1 that it is first assessed as a
  322  combined or divided parcel.
  323         Section 8. Subsection (7) of section 193.501, Florida
  324  Statutes, is amended to read:
  325         193.501 Assessment of lands subject to a conservation
  326  easement, environmentally endangered lands, or lands used for
  327  outdoor recreational or park purposes when land development
  328  rights have been conveyed or conservation restrictions have been
  329  covenanted.—
  330         (7)(a) The property appraiser shall report to the
  331  department showing the just value and the classified use value
  332  of property that is subject to a conservation easement under s.
  333  704.06, property assessed as environmentally endangered land
  334  pursuant to this section, and property assessed as outdoor
  335  recreational or park land.
  336         (b) The tax collector shall annually report to the
  337  department the amount of deferred tax liability collected
  338  pursuant to this section.
  339         Section 9. Paragraph (d) of subsection (9) of section
  340  193.503, Florida Statutes, is amended to read:
  341         193.503 Classification and assessment of historic property
  342  used for commercial or certain nonprofit purposes.—
  343         (9)
  344         (d) The tax collector shall annually report to the
  345  department the amount of deferred tax liability collected
  346  pursuant to this section.
  347         Section 10. Paragraph (c) of subsection (9) of section
  348  193.505, Florida Statutes, is amended to read:
  349         193.505 Assessment of historically significant property
  350  when development rights have been conveyed or historic
  351  preservation restrictions have been covenanted.—
  352         (9)
  353         (c) The tax collector shall annually report to the
  354  department the amount of deferred tax liability collected
  355  pursuant to this section.
  356         Section 11. Effective July 1, 2011, and applying to
  357  assessments beginning with the 2011 tax year, paragraph (d) of
  358  subsection (3) of section 194.011, Florida Statutes, is amended
  359  to read:
  360         194.011 Assessment notice; objections to assessments.—
  361         (3) A petition to the value adjustment board must be in
  362  substantially the form prescribed by the department.
  363  Notwithstanding s. 195.022, a county officer may not refuse to
  364  accept a form provided by the department for this purpose if the
  365  taxpayer chooses to use it. A petition to the value adjustment
  366  board shall describe the property by parcel number and shall be
  367  filed as follows:
  368         (d) The petition may be filed, as to valuation issues, at
  369  any time during the taxable year on or before the 25th day
  370  following the mailing of notice by the property appraiser as
  371  provided in subsection (1). With respect to an issue involving
  372  the denial of an exemption, an agricultural or high-water
  373  recharge classification application, an application for
  374  classification as historic property used for commercial or
  375  certain nonprofit purposes, or a deferral, the petition must be
  376  filed at any time during the taxable year on or before the 30th
  377  day following the mailing of the notice by the property
  378  appraiser under s. 193.461, s. 193.503, s. 193.625, or s.
  379  196.193 or notice by the tax collector under s. 197.253, s.
  380  197.3041, or s. 197.3073.
  381         Section 12. Subsection (2) of section 194.032, Florida
  382  Statutes, is amended to read:
  383         194.032 Hearing purposes; timetable.—
  384         (2) The clerk of the governing body of the county shall
  385  prepare a schedule of appearances before the board based on
  386  petitions timely filed with him or her. The clerk shall notify
  387  each petitioner of the scheduled time of his or her appearance
  388  no less than 25 calendar days prior to the day of such scheduled
  389  appearance. Upon receipt of this notification, the petitioner
  390  shall have the right to reschedule the hearing a single time by
  391  submitting to the clerk of the governing body of the county a
  392  written request to reschedule, no less than 5 calendar days
  393  before the day of the originally scheduled hearing. A copy of
  394  the property record card containing relevant information used in
  395  computing the taxpayer’s current assessment shall be included
  396  with such notice, if said card was requested by the taxpayer.
  397  Such request shall be made by checking an appropriate box on the
  398  petition form. No petitioner shall be required to wait for more
  399  than a reasonable time not to exceed 4 hours from the scheduled
  400  time; and, if his or her petition is not heard in that time, the
  401  petitioner may, at his or her option, report to the chairperson
  402  of the meeting that he or she intends to leave; and, if he or
  403  she is not heard immediately, the petitioner’s administrative
  404  remedies will be deemed to be exhausted, and he or she may be
  405  rescheduled for good cause seek further relief as he or she
  406  deems appropriate. Failure on three occasions with respect to
  407  any single tax year to convene at the scheduled time of meetings
  408  of the board shall constitute grounds for removal from office by
  409  the Governor for neglect of duties.
  410         Section 13. Subsection (2) of section 194.034, Florida
  411  Statutes, is amended to read:
  412         194.034 Hearing procedures; rules.—
  413         (2) In each case, except when a complaint is withdrawn by
  414  the petitioner or is acknowledged as correct by the property
  415  appraiser, the value adjustment board shall render a written
  416  decision. All such decisions shall be issued within 20 calendar
  417  days after of the last day the board is in session under s.
  418  194.032. The decision of the board shall contain findings of
  419  fact and conclusions of law and shall include reasons for
  420  upholding or overturning the determination of the property
  421  appraiser. When a special magistrate has been appointed, the
  422  recommendations of the special magistrate shall be considered by
  423  the board. The clerk, upon issuance of the decisions, shall, on
  424  a form provided by the Department of Revenue, notify by first
  425  class mail each taxpayer and, the property appraiser, and the
  426  department of the decision of the board. If requested by the
  427  Department of Revenue, the clerk shall provide these notices or
  428  relevant statistics in the manner and form requested by the
  429  department.
  430         Section 14. Effective July 1, 2011, and applying to
  431  assessments beginning with the 2011 tax year, subsection (1) of
  432  section 194.035, Florida Statutes, is amended, and subsection
  433  (4) is added to that section, to read:
  434         194.035 Special magistrates; property evaluators.—
  435         (1) In counties having a population of more than 75,000,
  436  the board shall appoint special magistrates for the purpose of
  437  taking testimony and making recommendations to the board, which
  438  recommendations the board may act upon without further hearing.
  439  These special magistrates may not be elected or appointed
  440  officials or employees of the county but shall be selected from
  441  a list of those qualified individuals who are willing to serve
  442  as special magistrates. Employees and elected or appointed
  443  officials of a taxing jurisdiction or of the state may not serve
  444  as special magistrates. The clerk of the board shall annually
  445  notify such individuals or their professional associations to
  446  make known to them that opportunities to serve as special
  447  magistrates exist. The Department of Revenue shall provide a
  448  list of qualified special magistrates to any county having with
  449  a population of 75,000 or fewer less. Subject to appropriation,
  450  the department shall reimburse counties having with a population
  451  of 75,000 or fewer less for payments made to special magistrates
  452  appointed for the purpose of taking testimony and making
  453  recommendations to the value adjustment board pursuant to this
  454  section. The department shall establish a reasonable range for
  455  payments per case to special magistrates based on such payments
  456  in other counties. Requests for reimbursement of payments
  457  outside this range shall be justified by the county. If the
  458  total of all requests for reimbursement in any year exceeds the
  459  amount available pursuant to this section, payments to all
  460  counties shall be prorated accordingly. If a county having a
  461  population of fewer less than 75,000 does not appoint a special
  462  magistrate to hear each petition, the person or persons
  463  designated to hear petitions before the value adjustment board
  464  or the attorney appointed to advise the value adjustment board
  465  shall attend the training provided pursuant to subsection (3),
  466  regardless of whether the person would otherwise be required to
  467  attend, but shall not be required to pay the tuition fee
  468  specified in subsection (3). A special magistrate appointed to
  469  hear issues of exemptions, deferrals, and classifications shall
  470  be a member of The Florida Bar with no less than 5 years’
  471  experience in the area of ad valorem taxation. A special
  472  magistrate appointed to hear issues regarding the valuation of
  473  real estate shall be a state-certified state certified real
  474  estate appraiser with not less than 5 years’ experience in real
  475  property valuation. A special magistrate appointed to hear
  476  issues regarding the valuation of tangible personal property
  477  shall be a designated member of a nationally recognized
  478  appraiser’s organization with not less than 5 years’ experience
  479  in tangible personal property valuation. A special magistrate
  480  need not be a resident of the county in which he or she serves.
  481  A special magistrate may not represent a person before the board
  482  in any tax year during which he or she has served that board as
  483  a special magistrate. Before appointing a special magistrate, a
  484  value adjustment board shall verify the special magistrate’s
  485  qualifications. The value adjustment board shall ensure that the
  486  selection of special magistrates is based solely upon the
  487  experience and qualifications of the special magistrate and is
  488  not influenced by the property appraiser. The special magistrate
  489  shall accurately and completely preserve all testimony and, in
  490  making recommendations to the value adjustment board, shall
  491  include proposed findings of fact, conclusions of law, and
  492  reasons for upholding or overturning the determination of the
  493  property appraiser. The expense of hearings before magistrates
  494  and any compensation of special magistrates shall be borne
  495  three-fifths by the board of county commissioners and two-fifths
  496  by the school board.
  497         (4)(a)If, before a final decision, any communication is
  498  received from a party concerning a complaint about a special
  499  magistrate, a copy of the communication shall promptly be
  500  furnished to all parties, the board clerk, and legal counsel for
  501  the board. Such communication may not be furnished to the board
  502  or special magistrate unless a copy is immediately furnished to
  503  all parties. However, a party may waive notice under this
  504  paragraph.
  505         (b) The legal counsel for the board must review the
  506  communication, obtain such other information regarding the
  507  complaint as reasonably necessary, and advise the board as to
  508  any action that should be taken in response to the
  509  communication. Such action may include requiring the special
  510  magistrate to implement the requirements of law or to reconsider
  511  the recommended decision. The board may also remove a special
  512  magistrate from serving further in an official capacity if he or
  513  she subsequently fails to comply with the board’s action.
  514         (c) A recommended decision may not be reconsidered as the
  515  result of communications concerning a complaint until all
  516  parties have been furnished all communications and have been
  517  afforded adequate opportunity to respond.
  518         (d) The board clerk shall notify the parties of any action
  519  taken by the board concerning the complaint about the special
  520  magistrate.
  521         Section 15. Effective July 1, 2011, and applying to
  522  assessments beginning with the 2011 tax year, subsection (1) of
  523  section 194.037, Florida Statutes, is amended to read:
  524         194.037 Disclosure of tax impact.—
  525         (1) After hearing all petitions, complaints, appeals, and
  526  disputes, the clerk shall make public notice of the findings and
  527  results of the board in at least a quarter-page size
  528  advertisement of a standard size or tabloid size newspaper, and
  529  the headline shall be in a type no smaller than 18 point. The
  530  advertisement shall not be placed in that portion of the
  531  newspaper where legal notices and classified advertisements
  532  appear. The advertisement shall be published in a newspaper of
  533  general paid circulation in the county. The newspaper selected
  534  shall be one of general interest and readership in the
  535  community, and not one of limited subject matter, pursuant to
  536  chapter 50. The headline shall read: TAX IMPACT OF VALUE
  537  ADJUSTMENT BOARD. The public notice shall list the members of
  538  the value adjustment board and the taxing authorities to which
  539  they are elected. The form shall show, in columnar form, for
  540  each of the property classes listed under subsection (2), the
  541  following information, with appropriate column totals:
  542         (a) In the first column, the number of parcels for which
  543  the board granted exemptions that had been denied or that had
  544  not been acted upon by the property appraiser.
  545         (b) In the second column, the number of parcels for which
  546  petitions were filed concerning a property tax exemption.
  547         (c) In the third column, the number of parcels for which
  548  exemption petitions were filed but were not considered by the
  549  board because such petitions were withdrawn or settled prior to
  550  the board’s consideration.
  551         (d)(c) In the fourth third column, the number of parcels
  552  for which the board considered the petition and reduced the
  553  assessment from that made by the property appraiser on the
  554  initial assessment roll.
  555         (d) In the fourth column, the number of parcels for which
  556  petitions were filed but not considered by the board because
  557  such petitions were withdrawn or settled prior to the board’s
  558  consideration.
  559         (e) In the fifth column, the number of parcels for which
  560  petitions were filed requesting a change in just or assessed
  561  value, including requested changes in assessment classification.
  562         (f) In the sixth column, the number of parcels for which
  563  value petitions were filed but were not considered by the board
  564  because such petitions were withdrawn or settled prior to the
  565  board’s consideration.
  566         (g)(f) In the seventh sixth column, the net change in
  567  county taxable value from the assessor’s initial roll which
  568  results from board decisions.
  569         (h)(g) In the eighth seventh column, the net shift in taxes
  570  to parcels not granted relief by the board. The shift shall be
  571  computed as the amount shown in column 6 multiplied by the
  572  applicable millage rates adopted by the taxing authorities in
  573  hearings held pursuant to s. 200.065(2)(d) or adopted by vote of
  574  the electors pursuant to s. 9(b) or s. 12, Art. VII of the State
  575  Constitution, but without adjustment as authorized pursuant to
  576  s. 200.065(6). If for any taxing authority the hearing has not
  577  been completed at the time the notice required herein is
  578  prepared, the millage rate used shall be that adopted in the
  579  hearing held pursuant to s. 200.065(2)(c).
  580         Section 16. Effective July 1, 2011, and applying to
  581  assessments beginning with the 2011 tax year, subsection (2) of
  582  section 194.171, Florida Statutes, is amended to read:
  583         194.171 Circuit court to have original jurisdiction in tax
  584  cases.—
  585         (2) No action shall be brought to contest a tax assessment
  586  after 60 days from the date the assessment being contested is
  587  certified for collection under s. 193.122(2), or after 60 days
  588  from the date a decision is rendered concerning such assessment
  589  by the value adjustment board if a petition contesting the
  590  assessment had not received final action by the value adjustment
  591  board prior to extension of the roll under s. 197.323. For
  592  purposes of this subsection, the term “rendered” means a
  593  decision issued by the value adjustment board and sent by first
  594  class mail to the petitioner as provided in s. 194.034(2).
  595         Section 17. Effective July 1, 2011, paragraph (f) of
  596  subsection (2) and subsection (3) of section 195.096, Florida
  597  Statutes, are amended to read:
  598         195.096 Review of assessment rolls.—
  599         (2) The department shall conduct, no less frequently than
  600  once every 2 years, an in-depth review of the assessment rolls
  601  of each county. The department need not individually study every
  602  use-class of property set forth in s. 195.073, but shall at a
  603  minimum study the level of assessment in relation to just value
  604  of each classification specified in subsection (3). Such in
  605  depth review may include proceedings of the value adjustment
  606  board and the audit or review of procedures used by the counties
  607  to appraise property.
  608         (f) Within 120 days following the receipt of a county
  609  assessment roll by the executive director of the department
  610  pursuant to s. 193.1142(1), or within 10 days after approval of
  611  the assessment roll, whichever is later, the department shall
  612  complete the review for that county and develop forward its
  613  findings, including a statement of the confidence interval for
  614  the median and such other measures as may be appropriate for
  615  each classification or subclassification studied and for the
  616  roll as a whole, employing a 95 percent 95-percent level of
  617  confidence, and related statistical and analytical details to
  618  the Senate and the House of Representatives committees with
  619  oversight responsibilities for taxation, and the appropriate
  620  property appraiser. Upon releasing its findings, the department
  621  shall notify the chairperson of the appropriate county
  622  commission or the corresponding official under a consolidated
  623  charter that the department’s findings are available upon
  624  request. The department shall, within 90 days after receiving a
  625  written request from the chairperson of the appropriate county
  626  commission or the corresponding official under a consolidated
  627  charter, forward a copy of its findings, including the
  628  confidence interval for the median and such other measures of
  629  each classification or subclassification studied and for all the
  630  roll as a whole, and related statistical and analytical details,
  631  to the requesting party.
  632         (3)(a) Upon completion of review pursuant to paragraph
  633  (2)(f), the department shall publish the results of reviews
  634  conducted under this section. The results must include all
  635  statistical and analytical measures computed under this section
  636  for the real property assessment roll as a whole, the personal
  637  property assessment roll as a whole, and independently for the
  638  following real property classes whenever the classes constituted
  639  5 percent or more of the total assessed value of real property
  640  in a county on the previous tax roll:
  641         1. Residential property that consists of one primary living
  642  unit, including, but not limited to, single-family residences,
  643  condominiums, cooperatives, and mobile homes.
  644         2. Residential property that consists of two or more
  645  primary living units.
  646         3. Agricultural, high-water recharge, historic property
  647  used for commercial or certain nonprofit purposes, and other
  648  use-valued property.
  649         4. Vacant lots.
  650         5. Nonagricultural acreage and other undeveloped parcels.
  651         6. Improved commercial and industrial property.
  652         7. Taxable institutional or governmental, utility, locally
  653  assessed railroad, oil, gas and mineral land, subsurface rights,
  654  and other real property.
  655  
  656  When one of the above classes constituted less than 5 percent of
  657  the total assessed value of all real property in a county on the
  658  previous assessment roll, the department may combine it with one
  659  or more other classes of real property for purposes of
  660  assessment ratio studies or use the weighted average of the
  661  other classes for purposes of calculating the level of
  662  assessment for all real property in a county. The department
  663  shall also publish such results for any subclassifications of
  664  the classes or assessment rolls it may have chosen to study.
  665         (b) When necessary for compliance with s. 1011.62, and for
  666  those counties not being studied in the current year, the
  667  department shall project value-weighted mean levels of
  668  assessment for each county. The department shall make its
  669  projection based upon the best information available, utilizing
  670  professionally accepted methodology, and shall separately
  671  allocate changes in total assessed value to:
  672         1. New construction, additions, and deletions.
  673         2. Changes in the value of the dollar.
  674         3. Changes in the market value of property other than those
  675  attributable to changes in the value of the dollar.
  676         4. Changes in the level of assessment.
  677  
  678  In lieu of the statistical and analytical measures published
  679  pursuant to paragraph (2)(f) (a), the department shall publish
  680  details concerning the computation of estimated assessment
  681  levels and the allocation of changes in assessed value for those
  682  counties not subject to an in-depth review.
  683         (c) Upon publication of data and findings as required by
  684  this subsection, the department shall notify the committees of
  685  the Senate and of the House of Representatives having oversight
  686  responsibility for taxation and the appropriate property
  687  appraiser and county commission chairperson or corresponding
  688  official under a consolidated charter. Copies of the data and
  689  findings shall be provided upon request.
  690         Section 18. Section 195.0985, Florida Statutes, is
  691  repealed.
  692         Section 19. Section 195.099, Florida Statutes, is amended
  693  to read:
  694         195.099 Periodic review.—
  695         (1)(a) The department may shall periodically review the
  696  assessments of new, rebuilt, and expanded business reported
  697  according to s. 193.077(3), to ensure parity of level of
  698  assessment with other classifications of property.
  699         (b) This subsection shall expire on the date specified in
  700  s. 290.016 for the expiration of the Florida Enterprise Zone
  701  Act.
  702         (2) The department may shall review the assessments of new
  703  and expanded businesses granted an exemption pursuant to s.
  704  196.1995 to ensure parity of level of assessment with other
  705  classifications of property.
  706         Section 20. Effective July 1, 2011, subsections (15) and
  707  (16) of section 196.012, Florida Statutes, are amended to read:
  708         196.012 Definitions.—For the purpose of this chapter, the
  709  following terms are defined as follows, except where the context
  710  clearly indicates otherwise:
  711         (15) “New business” means:
  712         (a)1. A business or nonprofit organization starting
  713  operations in the state which will create new, full-time jobs
  714  that the board of county commissioners or the governing
  715  authority of a municipality has determined are jobs for which
  716  the board or governing authority wishes to provide incentives
  717  through ad valorem tax exemptions granted in accordance with the
  718  requirements of s. 196.1995; establishing 10 or more jobs to
  719  employ 10 or more full-time employees in this state, which
  720  manufactures, processes, compounds, fabricates, or produces for
  721  sale items of tangible personal property at a fixed location and
  722  which comprises an industrial or manufacturing plant;
  723         2. A business establishing 25 or more jobs to employ 25 or
  724  more full-time employees in this state, the sales factor of
  725  which, as defined by s. 220.15(5), for the facility with respect
  726  to which it requests an economic development ad valorem tax
  727  exemption is less than 0.50 for each year the exemption is
  728  claimed; or
  729         3. An office space in this state owned and used by a
  730  corporation newly domiciled in this state; provided such office
  731  space houses 50 or more full-time employees of such corporation;
  732  provided that such business or office first begins operation on
  733  a site clearly separate from any other commercial or industrial
  734  operation owned by the same business.
  735         (b) Any business located in an enterprise zone or
  736  brownfield area that first begins operation on a site clearly
  737  separate from any other commercial or industrial operation owned
  738  by the same business; or.
  739         (c) A business that is situated on property annexed into a
  740  municipality and that, at the time of the annexation, is
  741  receiving an economic development ad valorem tax exemption from
  742  the county under s. 196.1995.
  743         (16) “Expansion of an existing business” means:
  744         (a) The expansion of an existing business or nonprofit
  745  organization, other than its relocation to another community,
  746  which results in a net increase of new, full-time jobs for which
  747  the board or governing authority wishes to provide incentives
  748  through ad valorem tax exemptions granted pursuant to s.
  749  196.1995; or
  750         1. A business establishing 10 or more jobs to employ 10 or
  751  more full-time employees in this state, which manufactures,
  752  processes, compounds, fabricates, or produces for sale items of
  753  tangible personal property at a fixed location and which
  754  comprises an industrial or manufacturing plant; or
  755         2. A business establishing 25 or more jobs to employ 25 or
  756  more full-time employees in this state, the sales factor of
  757  which, as defined by s. 220.15(5), for the facility with respect
  758  to which it requests an economic development ad valorem tax
  759  exemption is less than 0.50 for each year the exemption is
  760  claimed; provided that such business increases operations on a
  761  site colocated with a commercial or industrial operation owned
  762  by the same business, resulting in a net increase in employment
  763  of not less than 10 percent or an increase in productive output
  764  of not less than 10 percent.
  765         (b) Any business that is located in an enterprise zone or
  766  brownfield area and that increases operations on a site
  767  collocated colocated with a commercial or industrial operation
  768  owned by the same business.
  769         Section 21. Subsection (7) of section 196.031, Florida
  770  Statutes, is amended to read:
  771         196.031 Exemption of homesteads.—
  772         (7) Unless the homestead property is totally exempt, the
  773  exemptions provided in paragraphs (1)(a) and (b) and other
  774  homestead exemptions shall be applied in the order that results
  775  in the lowest taxable value. as follows:
  776         (a) The exemption in paragraph (1)(a) shall apply to the
  777  first $25,000 of assessed value;
  778         (b) The second $25,000 of assessed value shall be taxable
  779  unless other exemptions, as listed in paragraph (d), are
  780  applicable in the order listed;
  781         (c) The additional homestead exemption in paragraph (1)(b),
  782  for levies other than school district levies, shall be applied
  783  to the assessed value greater than $50,000 before any other
  784  exemptions are applied to that assessed value; and
  785         (d) Other exemptions include and shall be applied in the
  786  following order: widows, widowers, blind persons, and disabled
  787  persons, as provided in s. 196.202; disabled ex-servicemembers
  788  and surviving spouses, as provided in s. 196.24, applicable to
  789  all levies; the local option low-income senior exemption up to
  790  $50,000, applicable to county levies or municipal levies, as
  791  provided in s. 196.075; and the veterans percentage discount, as
  792  provided in s. 196.082.
  793         Section 22. Subsection (5) is added to section 196.081,
  794  Florida Statutes, to read:
  795         196.081 Exemption for certain permanently and totally
  796  disabled veterans and for surviving spouses of veterans.—
  797         (5) An applicant for the exemption under this section may
  798  apply for the exemption before receiving the necessary
  799  documentation from the United States Government or United States
  800  Department of Veterans Affairs or its predecessor. Upon receipt
  801  of the documentation, the exemption shall be granted as of the
  802  date of the original application and the excess taxes paid shall
  803  be refunded. Any refund of excess taxes paid shall be limited to
  804  the time period set forth in s. 197.182(1)(c).
  805         Section 23. Subsection (6) is added to section 196.082,
  806  Florida Statutes, to read:
  807         196.082 Discounts for disabled veterans.—
  808         (6) An applicant for the discount under this section may
  809  apply for the discount before receiving the necessary
  810  documentation from the United States Department of Veterans
  811  Affairs. Upon receipt of the documentation, the discount shall
  812  be granted as of the date of the original application, and the
  813  excess taxes paid shall be refunded. Any refund of excess taxes
  814  paid shall be limited to the time period set forth in s.
  815  197.182(1)(c).
  816         Section 24. Subsection (4) is added to section 196.091,
  817  Florida Statutes, to read:
  818         196.091 Exemption for disabled veterans confined to
  819  wheelchairs.—
  820         (4) An applicant for the exemption under this section may
  821  apply for the exemption before receiving the necessary
  822  documentation from the United States Government or United States
  823  Department of Veterans Affairs or its predecessor. Upon receipt
  824  of the documentation, the exemption shall be granted as of the
  825  date of the original application, and the excess taxes paid
  826  shall be refunded. Any refund of excess taxes paid shall be
  827  limited to the time period set forth in s. 197.182(1)(c).
  828         Section 25. Subsection (8) is added to section 196.101,
  829  Florida Statutes, to read:
  830         196.101 Exemption for totally and permanently disabled
  831  persons.—
  832         (8) An applicant for the exemption under this section may
  833  apply for the exemption before receiving the necessary
  834  documentation from the United States Department of Veterans
  835  Affairs or its predecessor. Upon receipt of the documentation,
  836  the exemption shall be granted as of the date of the original
  837  application, and the excess taxes paid shall be refunded. Any
  838  refund of excess taxes paid shall be limited to the time period
  839  set forth in s. 197.182(1)(c).
  840         Section 26. Subsection (1) of section 196.121, Florida
  841  Statutes, is amended to read:
  842         196.121 Homestead exemptions; forms.—
  843         (1) The Department of Revenue shall provide, by electronic
  844  means or other methods designated by the department, furnish to
  845  the property appraiser of each county a sufficient number of
  846  printed forms to be filed by taxpayers claiming to be entitled
  847  to said exemption and shall prescribe the content of such forms
  848  by rule.
  849         Section 27. Effective July 1, 2011, section 196.1995,
  850  Florida Statutes, is amended to read:
  851         196.1995 Economic development ad valorem tax exemption.—
  852         (1) The board of county commissioners of any county or the
  853  governing authority of any municipality shall call a referendum
  854  within its total jurisdiction to determine whether its
  855  respective jurisdiction may grant economic development ad
  856  valorem tax exemptions under s. 3, Art. VII of the State
  857  Constitution if:
  858         (a) The board of county commissioners of the county or the
  859  governing authority of the municipality votes to hold such
  860  referendum; or
  861         (b) The board of county commissioners of the county or the
  862  governing authority of the municipality receives a petition
  863  signed by 10 percent of the registered electors of its
  864  respective jurisdiction, which petition calls for the holding of
  865  such referendum; or
  866         (c) The board of county commissioners of a charter county
  867  receives a petition or initiative signed by the required
  868  percentage of registered electors in accordance with the
  869  procedures established in the county’s charter for the enactment
  870  of ordinances or for approval of amendments of the charter,
  871  including a county that has a charter requiring signatures from
  872  fewer than 10 percent of its registered electors, which petition
  873  or initiative calls for the holding of such referendum.
  874         (2) The ballot question in such referendum shall be in
  875  substantially the following form:
  876  
  877  Shall the board of county commissioners of this county (or the
  878  governing authority of this municipality, or both) be authorized
  879  to grant, pursuant to s. 3, Art. VII of the State Constitution,
  880  property tax exemptions to new businesses and expansions of
  881  existing businesses that are expected to create new, full-time
  882  jobs and have been evaluated as being of economic interest to
  883  the community?
  884  
  885         .... Yes—For authority to grant exemptions.
  886         .... No—Against authority to grant exemptions.
  887  
  888         (3) The board of county commissioners or the governing
  889  authority of the municipality that calls a referendum within its
  890  total jurisdiction to determine whether its respective
  891  jurisdiction may grant economic development ad valorem tax
  892  exemptions may vote to limit the effect of the referendum to
  893  authority to grant economic development tax exemptions for new
  894  businesses and expansions of existing businesses located in an
  895  enterprise zone or a brownfield area, as defined in s.
  896  376.79(4). If an area nominated to be an enterprise zone
  897  pursuant to s. 290.0055 has not yet been designated pursuant to
  898  s. 290.0065, the board of county commissioners or the governing
  899  authority of the municipality may call such referendum prior to
  900  such designation; however, the authority to grant economic
  901  development ad valorem tax exemptions does not apply until such
  902  area is designated pursuant to s. 290.0065. The ballot question
  903  in such referendum shall be in substantially the following form
  904  and shall be used in lieu of the ballot question prescribed in
  905  subsection (2):
  906  
  907  Shall the board of county commissioners of this county (or the
  908  governing authority of this municipality, or both) be authorized
  909  to grant, pursuant to s. 3, Art. VII of the State Constitution,
  910  property tax exemptions for new businesses and expansions of
  911  existing businesses that which are located in an enterprise zone
  912  or a brownfield area, are expected to create new, full-time
  913  jobs, and have been evaluated as being of economic interest to
  914  the community?
  915  
  916         .... Yes—For authority to grant exemptions.
  917         .... No—Against authority to grant exemptions.
  918  
  919         (4) A referendum pursuant to this section may be called
  920  only once in any 12-month period. If a referendum is called or
  921  held on or before the effective date of any amendment to this
  922  section, the board of county commissioners does not need to call
  923  or hold another referendum.
  924         (5) Upon a majority vote in favor of such authority, the
  925  board of county commissioners or the governing authority of the
  926  municipality, at its discretion, by ordinance may exempt from ad
  927  valorem taxation up to 100 percent of the assessed value of all
  928  improvements to real property made by or for the use of a new
  929  business and of all tangible personal property of such new
  930  business, or up to 100 percent of the assessed value of all
  931  added improvements to real property made to facilitate the
  932  expansion of an existing business and of the net increase in all
  933  tangible personal property acquired to facilitate such expansion
  934  of an existing business, provided that the improvements to real
  935  property are made or the tangible personal property is added or
  936  increased on or after the day the ordinance is adopted. However,
  937  if the authority to grant exemptions is approved in a referendum
  938  in which the ballot question contained in subsection (3) appears
  939  on the ballot, the authority of the board of county
  940  commissioners or the governing authority of the municipality to
  941  grant exemptions is limited solely to new businesses and
  942  expansions of existing businesses that are located in an
  943  enterprise zone or brownfield area. Property acquired to replace
  944  existing property shall not be considered to facilitate a
  945  business expansion. The exemption applies only to taxes levied
  946  by the respective unit of government granting the exemption. The
  947  exemption does not apply, however, to taxes levied for the
  948  payment of bonds or to taxes authorized by a vote of the
  949  electors pursuant to s. 9(b) or s. 12, Art. VII of the State
  950  Constitution. Any such exemption shall remain in effect for up
  951  to 10 years with respect to any particular facility, regardless
  952  of any change in the authority of the county or municipality to
  953  grant such exemptions. The exemption shall not be prolonged or
  954  extended by granting exemptions from additional taxes or by
  955  virtue of any reorganization or sale of the business receiving
  956  the exemption.
  957         (6) With respect to a new business as defined by s.
  958  196.012(15)(b)(c), the municipality annexing the property on
  959  which the business is situated may grant an economic development
  960  ad valorem tax exemption under this section to that business for
  961  a period that will expire upon the expiration of the exemption
  962  granted by the county. If the county renews the exemption under
  963  subsection (7), the municipality may also extend its exemption.
  964  A municipal economic development ad valorem tax exemption
  965  granted under this subsection may not extend beyond the duration
  966  of the county exemption.
  967         (7) The authority to grant exemptions under this section
  968  expires 10 years after the date such authority was approved in
  969  an election, but such authority may be renewed for subsequent
  970  10-year periods if each 10-year renewal is approved in a
  971  referendum called and held pursuant to this section.
  972         (8) Any person, firm, or corporation which desires an
  973  economic development ad valorem tax exemption shall, in the year
  974  the exemption is desired to take effect, file a written
  975  application on a form prescribed by the department with the
  976  board of county commissioners or the governing authority of the
  977  municipality, or both. The application shall request the
  978  adoption of an ordinance granting the applicant an exemption
  979  pursuant to this section and shall include the following
  980  information:
  981         (a) The name and location of the new business or the
  982  expansion of an existing business;
  983         (b) A description of the improvements to real property for
  984  which an exemption is requested and the date of commencement of
  985  construction of such improvements;
  986         (c) A description of the tangible personal property for
  987  which an exemption is requested and the dates when such property
  988  was or is to be purchased;
  989         (d) Proof, to the satisfaction of the board of county
  990  commissioners or the governing authority of the municipality,
  991  that the applicant is a new business or an expansion of an
  992  existing business, as defined in s. 196.012(15) or (16);
  993         (e) The number of jobs the applicant expects to create
  994  along with the average and median wage of the jobs and whether
  995  the jobs are full-time or part-time;
  996         (f) The expected time schedule for job creation; and
  997         (g)(e) Other information deemed necessary by the
  998  department.
  999         (9) Before it takes action on the application, the board of
 1000  county commissioners or the governing authority of the
 1001  municipality shall deliver a copy of the application to the
 1002  property appraiser of the county. After careful consideration,
 1003  the property appraiser shall report the following information to
 1004  the board of county commissioners or the governing authority of
 1005  the municipality:
 1006         (a) The total revenue available to the county or
 1007  municipality for the current fiscal year from ad valorem tax
 1008  sources, or an estimate of such revenue if the actual total
 1009  revenue available cannot be determined;
 1010         (b) Any revenue lost to the county or municipality for the
 1011  current fiscal year by virtue of exemptions previously granted
 1012  under this section, or an estimate of such revenue if the actual
 1013  revenue lost cannot be determined;
 1014         (c) An estimate of the revenue which would be lost to the
 1015  county or municipality during the current fiscal year if the
 1016  exemption applied for were granted had the property for which
 1017  the exemption is requested otherwise been subject to taxation;
 1018  and
 1019         (d) A determination as to whether the property for which an
 1020  exemption is requested is to be incorporated into a new business
 1021  or the expansion of an existing business, as defined in s.
 1022  196.012(15) or (16), or into neither, which determination the
 1023  property appraiser shall also affix to the face of the
 1024  application. Upon the request of the property appraiser, the
 1025  department shall provide to him or her such information as it
 1026  may have available to assist in making such determination.
 1027         (10) The board of county commissioners or the governing
 1028  authority of the municipality may consider any economically
 1029  related characteristics or criteria deemed necessary or
 1030  appropriate when exercising its discretion whether to approve or
 1031  reject an application for an exemption but, at a minimum, must
 1032  consider the following:
 1033         (a) The total number of new jobs to be created by the
 1034  applicant.
 1035         (b) The average wage and median wage of the new jobs.
 1036         (c) The capital investment to be made by the applicant.
 1037         (d) Whether the business or operation qualifies as an
 1038  industry that the board of county commissioners or the governing
 1039  authority of the municipality may target.
 1040         (e) The environmental impact of the proposed business or
 1041  operation.
 1042         (f) The extent to which the applicant intends to source its
 1043  supplies and materials within the applicable jurisdiction.
 1044  
 1045  The Legislature intends to vest counties and municipalities with
 1046  as much discretion as legally permissible to determine the new
 1047  jobs for which incentives should be provided through the
 1048  granting of ad valorem tax exemptions under this section.
 1049         (11)(10) An ordinance granting an exemption under this
 1050  section shall be adopted in the same manner as any other
 1051  ordinance of the county or municipality and shall include the
 1052  following:
 1053         (a) The name and address of the new business or expansion
 1054  of an existing business to which the exemption is granted;
 1055         (b) The total amount of revenue available to the county or
 1056  municipality from ad valorem tax sources for the current fiscal
 1057  year, the total amount of revenue lost to the county or
 1058  municipality for the current fiscal year by virtue of economic
 1059  development ad valorem tax exemptions currently in effect, and
 1060  the estimated revenue loss to the county or municipality for the
 1061  current fiscal year attributable to the exemption of the
 1062  business named in the ordinance;
 1063         (c) The period of time, not to exceed 10 years, for which
 1064  the exemption will remain in effect and the expiration date of
 1065  the exemption; and
 1066         (d) A finding that the business named in the ordinance
 1067  meets the requirements of s. 196.012(15) or (16).
 1068         (12) Upon approval of an application for a tax exemption
 1069  under this section, the board of county commissioners or the
 1070  governing authority of the municipality and the applicant may
 1071  enter into a written tax exemption agreement, which may include
 1072  performance criteria and must be consistent with the
 1073  requirements of this section or other applicable laws. The
 1074  agreement must require the applicant to report at a specific
 1075  time before the expiration of the exemption the actual number of
 1076  new, full-time jobs created and their actual average and median
 1077  wage. The agreement may provide the board of county
 1078  commissioners or the governing authority of the municipality
 1079  with authority to revoke, in whole or in part, the exemption if
 1080  the applicant fails to meet the expectations and representations
 1081  described in subsection (8).
 1082         Section 28. Section 196.202, Florida Statutes, is amended
 1083  to read:
 1084         196.202 Property of widows, widowers, blind persons, and
 1085  persons totally and permanently disabled.—
 1086         (1) Property to the value of $500 of every widow, widower,
 1087  blind person, or totally and permanently disabled person who is
 1088  a bona fide resident of this state shall be exempt from
 1089  taxation. As used in this section, the term “totally and
 1090  permanently disabled person” means a person who is currently
 1091  certified by a physician licensed in this state, by the United
 1092  States Department of Veterans Affairs or its predecessor, or by
 1093  the Social Security Administration to be totally and permanently
 1094  disabled.
 1095         (2) An applicant for the exemption under this section may
 1096  apply for the exemption before receiving the necessary
 1097  documentation from the United States Department of Veterans
 1098  Affairs or its predecessor or from the Social Security
 1099  Administration. Upon receipt of the documentation, the exemption
 1100  shall be granted as of the date of the original application, and
 1101  the excess taxes paid shall be refunded. Any refund of excess
 1102  taxes paid shall be limited to the time period set forth in s.
 1103  197.182(1)(c).
 1104         Section 29. Section 196.24, Florida Statutes, is amended to
 1105  read:
 1106         196.24 Exemption for disabled ex-servicemember or surviving
 1107  spouse; evidence of disability.—
 1108         (1) Any ex-servicemember, as defined in s. 196.012, who is
 1109  a bona fide resident of the state, who was discharged under
 1110  honorable conditions, and who has been disabled to a degree of
 1111  10 percent or more while serving during a period of wartime
 1112  service as defined in s. 1.01(14), or by misfortune, is entitled
 1113  to the exemption from taxation provided for in s. 3(b), Art. VII
 1114  of the State Constitution as provided in this section. Property
 1115  to the value of $5,000 of such a person is exempt from taxation.
 1116  The production by him or her of a certificate of disability from
 1117  the United States Government or the United States Department of
 1118  Veterans Affairs or its predecessor before the property
 1119  appraiser of the county wherein the ex-servicemember’s property
 1120  lies is prima facie evidence of the fact that he or she is
 1121  entitled to the exemption. The unremarried surviving spouse of
 1122  such a disabled ex-servicemember who, on the date of the
 1123  disabled ex-servicemember’s death, had been married to the
 1124  disabled ex-servicemember for at least 5 years is also entitled
 1125  to the exemption.
 1126         (2) An applicant for the exemption under this section may
 1127  apply for the exemption before receiving the necessary
 1128  documentation from the United States Department of Veterans
 1129  Affairs or its predecessor. Upon receipt of the documentation,
 1130  the exemption shall be granted as of the date of the original
 1131  application, and the excess taxes paid shall be refunded. Any
 1132  refund of excess taxes paid shall be limited to the time period
 1133  set forth in s. 197.182(1)(c).
 1134         Section 30. Paragraph (i) of subsection (1) of section
 1135  197.182, Florida Statutes, is amended to read:
 1136         197.182 Department of Revenue to pass upon and order
 1137  refunds.—
 1138         (1)
 1139         (i) If the refund is not one that can be directly acted
 1140  upon by the tax collector, for which an order from the
 1141  department is required, the tax collector shall forward the
 1142  claim for refund to the department upon receipt of the
 1143  correction from the property appraiser or 30 days after the
 1144  claim for refund, whichever occurs first. This provision does
 1145  not apply to corrections resulting in refunds of less than
 1146  $2,500 $400, which the tax collector shall make directly,
 1147  without order from the department, and from undistributed funds,
 1148  and may make without approval of the various taxing authorities.
 1149         Section 31. Effective July 1, 2011, and applying to
 1150  assessments beginning with the 2011 tax year, paragraph (b) of
 1151  subsection (2) of section 197.253, Florida Statutes, is amended
 1152  to read:
 1153         197.253 Homestead tax deferral; application.—
 1154         (2)
 1155         (b) Appeals of the decision of the tax collector to the
 1156  value adjustment board shall be in writing on a form prescribed
 1157  by the department and furnished by the tax collector. Such
 1158  appeal shall be filed with the value adjustment board as
 1159  provided in s. 194.011 within 20 days after the applicant’s
 1160  receipt of the notice of disapproval. The value adjustment board
 1161  shall review the application and the evidence presented to the
 1162  tax collector upon which the applicant based his or her claim
 1163  for tax deferral and, at the election of the applicant, shall
 1164  hear the applicant in person, or by agent on the applicant’s
 1165  behalf, on his or her right to homestead tax deferral. The value
 1166  adjustment board shall reverse the decision of the tax collector
 1167  and grant homestead tax deferral to the applicant, if in its
 1168  judgment the applicant is entitled thereto, or affirm the
 1169  decision of the tax collector. Such action of the value
 1170  adjustment board shall be final unless the applicant or tax
 1171  collector or other lienholder, within 15 days from the date of
 1172  disapproval of the application by the board, files in the
 1173  circuit court of the county in which the property is located, a
 1174  proceeding for a declaratory judgment or other appropriate
 1175  proceeding.
 1176         Section 32. Effective July 1, 2011, and applying to
 1177  assessments beginning with the 2011 tax year, paragraph (b) of
 1178  subsection (2) of section 197.3041, Florida Statutes, is amended
 1179  to read:
 1180         197.3041 Tax deferral for recreational and commercial
 1181  working waterfronts; application.—
 1182         (2)
 1183         (b) An appeal of the decision of the tax collector to the
 1184  value adjustment board must be in writing on a form prescribed
 1185  by the department and furnished by the tax collector. The appeal
 1186  must be filed with the value adjustment board as provided in s.
 1187  194.011 within 20 days after the applicant’s receipt of the
 1188  notice of disapproval, and the board must approve or disapprove
 1189  the appeal within 30 days after receipt. The value adjustment
 1190  board shall review the application and the evidence presented to
 1191  the tax collector upon which the applicant based his or her
 1192  claim for tax deferral and, at the election of the applicant,
 1193  shall hear the applicant in person, or by agent on the
 1194  applicant’s behalf, on his or her right to the tax deferral. The
 1195  value adjustment board shall reverse the decision of the tax
 1196  collector and grant a tax deferral to the applicant if, in its
 1197  judgment, the applicant is entitled to the tax deferral or shall
 1198  affirm the decision of the tax collector. Action by the value
 1199  adjustment board is final unless the applicant or tax collector
 1200  or other lienholder, within 15 days after the date of
 1201  disapproval of the application by the board, files in the
 1202  circuit court of the county in which the property is located a
 1203  de novo proceeding for a declaratory judgment or other
 1204  appropriate proceeding.
 1205         Section 33. Effective July 1, 2011, and applying to
 1206  assessments beginning with the 2011 tax year, paragraph (b) of
 1207  subsection (2) of section 197.3073, Florida Statutes, is amended
 1208  to read:
 1209         197.3073 Deferral application.—
 1210         (2) The tax collector shall consider and render his or her
 1211  findings, determinations, and decision on each annual
 1212  application for a deferral for affordable rental housing within
 1213  45 days after the date the application is filed. The tax
 1214  collector shall exercise reasonable discretion based upon
 1215  applicable information available under this section. The
 1216  determinations and findings of the tax collector are not quasi
 1217  judicial and are subject exclusively to review by the value
 1218  adjustment board as provided by this section. A tax collector
 1219  who finds that a property owner is entitled to the deferral
 1220  shall approve the application and file the application in the
 1221  permanent records.
 1222         (b) An appeal by the property owner of the decision of the
 1223  tax collector to deny the deferral must be submitted to the
 1224  value adjustment board on a form prescribed by the department
 1225  and furnished by the tax collector. The appeal must be filed
 1226  with the value adjustment board as provided in s. 194.011 within
 1227  20 days after the applicant’s receipt of the notice of
 1228  disapproval, and the board must approve or disapprove the appeal
 1229  within 30 days after receipt of the appeal. The value adjustment
 1230  board shall review the application and the evidence presented to
 1231  the tax collector upon which the property owner based a claim
 1232  for deferral and, at the election of the property owner, shall
 1233  hear the property owner in person, or by agent on the property
 1234  owner’s behalf, concerning his or her right to the deferral. The
 1235  value adjustment board shall reverse the decision of the tax
 1236  collector and grant a deferral to the property owner if, in its
 1237  judgment, the property owner is entitled to the deferral or
 1238  shall affirm the decision of the tax collector. Action by the
 1239  value adjustment board is final unless the property owner or tax
 1240  collector or other lienholder, within 15 days after the date of
 1241  disapproval of the application by the board, files for a de novo
 1242  proceeding for a declaratory judgment or other appropriate
 1243  proceeding in the circuit court of the county in which the
 1244  property is located.
 1245         Section 34. Effective July 1, 2011, paragraph (a) of
 1246  subsection (5) and paragraph (a) of subsection (10) of section
 1247  200.065, Florida Statutes, are amended to read:
 1248         200.065 Method of fixing millage.—
 1249         (5) Beginning in the 2009-2010 fiscal year and in each year
 1250  thereafter:
 1251         (a) The maximum millage rate that a county, municipality,
 1252  special district dependent to a county or municipality,
 1253  municipal service taxing unit, or independent special district
 1254  may levy is a rolled-back rate based on the amount of taxes
 1255  which would have been levied in the prior year if the maximum
 1256  millage rate had been applied, adjusted for change in per capita
 1257  Florida personal income, unless a higher rate was is adopted, in
 1258  which case the maximum is the adopted rate. The maximum millage
 1259  rate applicable to a county authorized to levy a county public
 1260  hospital surtax under s. 212.055 and which did so in fiscal year
 1261  2007 shall exclude the revenues required to be contributed to
 1262  the county public general hospital in the current fiscal year
 1263  for the purposes of making the maximum millage rate calculation,
 1264  but shall be added back to the maximum millage rate allowed
 1265  after the roll back has been applied, the total of which shall
 1266  be considered the maximum millage rate for such a county for
 1267  purposes of this subsection. The revenue required to be
 1268  contributed to the county public general hospital for the
 1269  upcoming fiscal year shall be calculated as 11.873 percent times
 1270  the millage rate levied for countywide purposes in fiscal year
 1271  2007 times 95 percent of the preliminary tax roll for the
 1272  upcoming fiscal year. A higher rate may be adopted only under
 1273  the following conditions:
 1274         1. A rate of not more than 110 percent of the rolled-back
 1275  rate based on the previous year’s maximum millage rate, adjusted
 1276  for change in per capita Florida personal income, may be adopted
 1277  if approved by a two-thirds vote of the membership of the
 1278  governing body of the county, municipality, or independent
 1279  district; or
 1280         2. A rate in excess of 110 percent may be adopted if
 1281  approved by a unanimous vote of the membership of the governing
 1282  body of the county, municipality, or independent district or by
 1283  a three-fourths vote of the membership of the governing body if
 1284  the governing body has nine or more members, or if the rate is
 1285  approved by a referendum.
 1286  
 1287  Any unit of government operating under a home rule charter
 1288  adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State
 1289  Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
 1290  State Constitution of 1968, which is granted the authority in
 1291  the State Constitution to exercise all the powers conferred now
 1292  or hereafter by general law upon municipalities and which
 1293  exercises such powers in the unincorporated area shall be
 1294  recognized as a municipality under this subsection. For a
 1295  downtown development authority established before the effective
 1296  date of the 1968 State Constitution which has a millage that
 1297  must be approved by a municipality, the governing body of that
 1298  municipality shall be considered the governing body of the
 1299  downtown development authority for purposes of this subsection.
 1300         (10)(a) In addition to the notice required in subsection
 1301  (3), a district school board shall publish a second notice of
 1302  intent to levy capital outlay and capital improvement additional
 1303  taxes under s. 1011.71(2) and (3). Such notice shall specify the
 1304  projects or number of school buses anticipated to be funded by
 1305  such capital outlay and capital improvement additional taxes and
 1306  shall be published in the size, within the time periods,
 1307  adjacent to, and in substantial conformity with the
 1308  advertisement required under subsection (3). The projects shall
 1309  be listed in priority within each category as follows:
 1310  construction and remodeling; maintenance, renovation, and
 1311  repair; motor vehicle purchases; new and replacement equipment;
 1312  payments for educational facilities and sites due under a lease
 1313  purchase agreement; payments for renting and leasing educational
 1314  facilities and sites; payments of loans approved pursuant to ss.
 1315  1011.14 and 1011.15; payment of costs of compliance with
 1316  environmental statutes and regulations; payment of premiums for
 1317  property and casualty insurance necessary to insure the
 1318  educational and ancillary plants of the school district; payment
 1319  of costs of leasing relocatable educational facilities; and
 1320  payments to private entities to offset the cost of school buses
 1321  pursuant to s. 1011.71(2)(i). The additional notice shall be in
 1322  the following form, except that if the district school board is
 1323  proposing to levy the same millage under s. 1011.71(2) and (3)
 1324  which it levied in the prior year, the words “continue to” shall
 1325  be inserted before the word “impose” in the first sentence, and
 1326  except that the second sentence of the second paragraph shall be
 1327  deleted if the district is advertising pursuant to paragraph
 1328  (3)(e):
 1329  
 1330                      NOTICE OF TAX FOR SCHOOL                     
 1331                           CAPITAL OUTLAY                          
 1332  
 1333         The ...(name of school district)... will soon consider a
 1334  measure to impose a ...(number)... mill property tax for the
 1335  capital outlay projects listed herein.
 1336         This tax is in addition to the school board’s proposed tax
 1337  of ...(number)... mills for operating expenses and is proposed
 1338  solely at the discretion of the school board. THE PROPOSED
 1339  COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING EXPENSES
 1340  AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.
 1341         The capital outlay tax will generate approximately
 1342  $...(amount)..., to be used for the following projects:
 1343  
 1344               ...(list of capital outlay projects)...             
 1345  
 1346         All concerned citizens are invited to a public hearing to
 1347  be held on ...(date and time)... at ...(meeting place)....
 1348         A DECISION on the proposed CAPITAL OUTLAY TAXES will be
 1349  made at this hearing.
 1350         Section 35. Subsection (11) is added to section 200.069,
 1351  Florida Statutes, to read:
 1352         200.069 Notice of proposed property taxes and non-ad
 1353  valorem assessments.—Pursuant to s. 200.065(2)(b), the property
 1354  appraiser, in the name of the taxing authorities and local
 1355  governing boards levying non-ad valorem assessments within his
 1356  or her jurisdiction and at the expense of the county, shall
 1357  prepare and deliver by first-class mail to each taxpayer to be
 1358  listed on the current year’s assessment roll a notice of
 1359  proposed property taxes, which notice shall contain the elements
 1360  and use the format provided in the following form.
 1361  Notwithstanding the provisions of s. 195.022, no county officer
 1362  shall use a form other than that provided herein. The Department
 1363  of Revenue may adjust the spacing and placement on the form of
 1364  the elements listed in this section as it considers necessary
 1365  based on changes in conditions necessitated by various taxing
 1366  authorities. If the elements are in the order listed, the
 1367  placement of the listed columns may be varied at the discretion
 1368  and expense of the property appraiser, and the property
 1369  appraiser may use printing technology and devices to complete
 1370  the form, the spacing, and the placement of the information in
 1371  the columns. A county officer may use a form other than that
 1372  provided by the department for purposes of this part, but only
 1373  if his or her office pays the related expenses and he or she
 1374  obtains prior written permission from the executive director of
 1375  the department; however, a county officer may not use a form the
 1376  substantive content of which is at variance with the form
 1377  prescribed by the department. The county officer may continue to
 1378  use such an approved form until the law that specifies the form
 1379  is amended or repealed or until the officer receives written
 1380  disapproval from the executive director.
 1381         (11) At the request of the governing body of the county,
 1382  the property appraiser shall mail an additional form to each
 1383  taxpayer within his or her jurisdiction along with the notice of
 1384  proposed taxes. Any costs related to this form shall be borne by
 1385  the county. The form may include information regarding the
 1386  proposed budget for the county, inform taxpayers of the portion
 1387  of the proposed nonvoted county millage rate which is
 1388  attributable to each constitutional officer and the county
 1389  commission, and include:
 1390         (a) The dollar value of proposed nonvoted property tax
 1391  funding for each constitutional officer and the county
 1392  commission;
 1393         (b) The percent of the total nonvoted property tax revenues
 1394  designated for each constitutional officer and the county
 1395  commission in the proposed budget; and
 1396         (c) The proposed nonvoted millage rate for each
 1397  constitutional officer and the county commission, calculated by
 1398  multiplying the percent of the total nonvoted property tax
 1399  revenues designated for each entity by the county’s proposed
 1400  nonvoted millage rate.
 1401         Section 36. Effective July 1, 2011, subsection (2) of
 1402  section 218.12, Florida Statutes, is amended to read:
 1403         218.12 Appropriations to offset reductions in ad valorem
 1404  tax revenue in fiscally constrained counties.—
 1405         (2) On or before November 15 of each year, beginning in
 1406  2008, each fiscally constrained county shall apply to the
 1407  Department of Revenue to participate in the distribution of the
 1408  appropriation and provide documentation supporting the county’s
 1409  estimated reduction in ad valorem tax revenue in the form and
 1410  manner prescribed by the Department of Revenue. The
 1411  documentation must include an estimate of the reduction in
 1412  taxable value directly attributable to revisions of Art. VII of
 1413  the State Constitution for all county taxing jurisdictions
 1414  within the county and shall be prepared by the property
 1415  appraiser in each fiscally constrained county. The documentation
 1416  must also include the county millage rates applicable in all
 1417  such jurisdictions for both the current year and the prior year;
 1418  rolled-back rates, determined as provided in s. 200.065(5)
 1419  200.065, for each county taxing jurisdiction; and maximum
 1420  millage rates that could have been levied by majority vote
 1421  pursuant to s. 200.185. For purposes of this section, each
 1422  fiscally constrained county’s reduction in ad valorem tax
 1423  revenue shall be calculated as 95 percent of the estimated
 1424  reduction in taxable value times the lesser of the 2007
 1425  applicable millage rate or the applicable millage rate for each
 1426  county taxing jurisdiction in the current prior year. If any
 1427  fiscally constrained county fails to apply for the distribution,
 1428  its share shall revert to the fund from which the appropriation
 1429  was made.
 1430         Section 37. Effective July 1, 2011, subsection (2) of
 1431  section 218.125, Florida Statutes, is amended to read:
 1432         218.125 Offset for tax loss associated with certain
 1433  constitutional amendments affecting fiscally constrained
 1434  counties.—
 1435         (2) On or before November 15 of each year, beginning in
 1436  2010, each fiscally constrained county shall apply to the
 1437  Department of Revenue to participate in the distribution of the
 1438  appropriation and provide documentation supporting the county’s
 1439  estimated reduction in ad valorem tax revenue in the form and
 1440  manner prescribed by the Department of Revenue. The
 1441  documentation must include an estimate of the reduction in
 1442  taxable value directly attributable to revisions of Art. VII of
 1443  the State Constitution for all county taxing jurisdictions
 1444  within the county and shall be prepared by the property
 1445  appraiser in each fiscally constrained county. The documentation
 1446  must also include the county millage rates applicable in all
 1447  such jurisdictions for the current year and the prior year,
 1448  rolled-back rates determined as provided in s. 200.065 for each
 1449  county taxing jurisdiction, and maximum millage rates that could
 1450  have been levied by majority vote pursuant to s. 200.065(5)
 1451  200.185. For purposes of this section, each fiscally constrained
 1452  county’s reduction in ad valorem tax revenue shall be calculated
 1453  as 95 percent of the estimated reduction in taxable value
 1454  multiplied by the lesser of the 2010 applicable millage rate or
 1455  the applicable millage rate for each county taxing jurisdiction
 1456  in the current prior year. If any fiscally constrained county
 1457  fails to apply for the distribution, its share shall revert to
 1458  the fund from which the appropriation was made.
 1459         Section 38. Except as otherwise expressly provided in this
 1460  act, this act shall take effect upon becoming a law.