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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 105

    Amendment No. 001 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Finance & Taxation offered the following:

12

13         Amendment (with title amendment) 

14         On page 1,line 20

15  remove from the bill:  everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Section 193.092, Florida Statutes, is

19  amended to read:

20         193.092  Assessment of property for back taxes.--

21         (1)  When it shall appear that any ad valorem tax might

22  have been lawfully assessed or collected upon any property in

23  the state, but that such tax was not lawfully assessed or

24  levied, and has not been collected for any year within a

25  period of 3 years next preceding the year in which it is

26  ascertained that such tax has not been assessed, or levied, or

27  collected, then the officers authorized shall make the

28  assessment of taxes upon such property in addition to the

29  assessment of such property for the current year, and shall

30  assess the same separately for such property as may have

31  escaped taxation at and upon the basis of valuation applied to

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 105

    Amendment No. 001 (for drafter's use only)





 1  such property for the year or years in which it escaped

 2  taxation, noting distinctly the year when such property

 3  escaped taxation and such assessment shall have the same force

 4  and effect as it would have had if it had been made in the

 5  year in which the property shall have escaped taxation, and

 6  taxes shall be levied and collected thereon in like manner and

 7  together with taxes for the current year in which the

 8  assessment is made.  But no property shall be assessed for

 9  more than 3 years' arrears of taxation, and all property so

10  escaping taxation shall be subject to such taxation to be

11  assessed in whomsoever's hands or possession the same may be

12  found, except that property acquired by a bona fide purchaser

13  shall not be subject to assessment for taxes for any time

14  prior to the time of such purchase, but the individual or

15  corporation who owned the property at the time of assessment

16  shall become personally liable for same; provided, that the

17  county property appraiser shall not assess any lot or parcel

18  of land certified or sold to the state for any previous years

19  unless such lot or parcel of lands so certified or sold shall

20  be included in the list furnished by the Comptroller to the

21  county property appraiser as provided by law; provided, if

22  real or personal property be assessed for taxes, and because

23  of litigation delay ensues and the assessment be held invalid

24  the taxing authorities, may reassess such property within the

25  time herein provided after the termination of such litigation;

26  provided further, that personal property acquired in good

27  faith by purchase shall not be subject to assessment for taxes

28  for any time prior to the time of such purchase, but the

29  individual or corporation liable for any such assessment shall

30  continue personally liable for same. As used in this

31  subsection, the term "bona fide purchaser" means a purchaser

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 105

    Amendment No. 001 (for drafter's use only)





 1  for value, in good faith, and without notice of any escaped

 2  taxation or adverse claim.

 3         (2)  The provisions of This section applies shall apply

 4  to property of every class and kind upon which ad valorem tax

 5  is assessable by any state or county authority under the laws

 6  of the state.

 7         Section 2.  Paragraph (b) of subsection (1) of section

 8  196.161, Florida Statutes, is amended to read:

 9         196.161  Homestead exemptions; lien imposed on property

10  of person claiming exemption although not a permanent

11  resident.--

12         (1)

13         (b)  In addition, upon determination by the property

14  appraiser that for any year or years within the prior 10 years

15  a person who was not entitled to a homestead exemption was

16  granted a homestead exemption from ad valorem taxes, it shall

17  be the duty of the property appraiser making such

18  determination to serve upon the owner a notice of intent to

19  record in the public records of the county a notice of tax

20  lien against any property owned by that person in the county,

21  and such property shall be identified in the notice of tax

22  lien. Such property which is situated in this state shall be

23  subject to the taxes exempted thereby, plus a penalty of 50

24  percent of the unpaid taxes for each year and 15 percent

25  interest per annum.  However, if a homestead exemption is

26  improperly granted as a result of a clerical mistake, or an

27  omission by the property appraiser, or as a result of a

28  transfer of title as described in s. 193.155(3) and the person

29  would otherwise be entitled to the homestead exemption on that

30  property, the person improperly receiving the exemption shall

31  not be assessed penalty and interest. The waiver of assessed

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 105

    Amendment No. 001 (for drafter's use only)





 1  penalty and interest is inapplicable to transfers made under

 2  s. 193.155(3) if the intent of the transfer is to avoid the

 3  payment of such assessed penalty and interest. Before any such

 4  lien may be filed, the owner so notified must be given 30 days

 5  to pay the taxes, penalties, and interest.

 6         Section 3.  Section 196.198, Florida Statutes, is

 7  amended to read:

 8         196.198  Educational property exemption.--Educational

 9  institutions within this state and their property used by them

10  or by any other exempt entity or educational institution

11  exclusively for educational purposes shall be exempt from

12  taxation.  Sheltered workshops providing rehabilitation and

13  retraining of disabled individuals and exempted by a

14  certificate under s. (d) of the federal Fair Labor Standards

15  Act of 1938, as amended, are declared wholly educational in

16  purpose and shall be exempted from certification,

17  accreditation, and membership requirements set forth in s.

18  196.012.  Those portions of property of college fraternities

19  and sororities certified by the president of the college or

20  university to the appropriate property appraiser as being

21  essential to the educational process, shall be exempt from ad

22  valorem taxation. The use of property by public fairs and

23  expositions chartered by chapter 616 is presumed to be an

24  educational use of such property and shall be exempt from ad

25  valorem taxation to the extent of such use.  Property used

26  exclusively for educational purposes shall be deemed owned by

27  an educational institution if the entity owning 100 percent of

28  the educational institution is owned by the identical persons

29  who own the property. If legal title to property is held by a

30  governmental agency that leases the property to a lessee, the

31  property shall be deemed to be owned by the governmental

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 105

    Amendment No. 001 (for drafter's use only)





 1  agency and used exclusively for educational purposes if the

 2  governmental agency continues to use such property exclusively

 3  for educational purposes pursuant to a sublease or other

 4  contractual agreement with that lessee. If the title to land

 5  is held by the trustee of an irrevocable inter vivos trust and

 6  if the trust grantor owns 100 percent of the entity that owns

 7  an educational institution that is using the land exclusively

 8  for educational purposes, the land is deemed to be property

 9  owned by the educational institution for purposes of this

10  exemption. Property owned by an educational institution shall

11  be deemed to be used for an educational purpose if the

12  institution has taken affirmative steps to prepare the

13  property for educational use.  Affirmative steps means

14  environmental or land use permitting activities, creation of

15  architectural plans or schematic drawings, land clearing or

16  site preparation, construction or renovation activities, or

17  other similar activities that demonstrate commitment of the

18  property to an educational use.

19         Section 4.  Paragraph (a) of subsection (13) of section

20  200.065, Florida Statutes, is amended to read:

21         200.065  Method of fixing millage.--

22         (13)(a)  If the notice of proposed property taxes

23  mailed to taxpayers under this section contains an error, the

24  property appraiser, in lieu of mailing a corrected notice to

25  all taxpayers, may correct the error by mailing a short form

26  of the notice to those taxpayers affected by the error and its

27  correction.  The notice shall be prepared by the property

28  appraiser at the expense of the taxing authority which caused

29  the error or at the property appraiser's expense if he or she

30  caused the error.  The form of the notice must be approved by

31  the executive director of the Department of Revenue or the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 105

    Amendment No. 001 (for drafter's use only)





 1  executive director's designee. If the error involves only the

 2  date and time of the public hearings required by this section,

 3  the property appraiser, with the permission of the taxing

 4  authority affected by the error, may correct the error by

 5  advertising the corrected information in a newspaper of

 6  general circulation in the county as provided in subsection

 7  (3).

 8         Section 5.  This act shall take effect upon becoming a

 9  law

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11

12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14         On page 1, lines 2-16

15  remove from the title of the bill:  all of said lines

16

17  and insert in lieu thereof:

18         An act relating to ad valorem taxation;

19         amending s. 193.092, F.S.; providing an

20         exception to the requirement for assessing

21         taxes to a current owner of property that has

22         previously escaped taxation; amending s.

23         196.161, F.S.; providing a waiver of penalty

24         and interest in specified instances wherein a

25         taxpayer erroneously receives a homestead tax

26         exemption; amending s. 196.198, F.S.;

27         maintaining exemption from taxation for

28         property leased from a governmental agency if

29         the agency continues to use the property

30         exclusively for educational purposes; amending

31         s. 200.065, F.S.; revising the procedure by

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 105

    Amendment No. 001 (for drafter's use only)





 1         which a property appraiser may correct an error

 2         in notices of proposed taxes; providing an

 3         effective date.

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