HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
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10  ______________________________________________________________
11  Representative(s) Wallace offered the following:
12  
13         Amendment (with title amendment) 
14         On page 2, line 15
15  remove from the bill:  everything after the enacting clause
16  
17  and insert in lieu thereof:  
18         Section 1.  Section 193.155, Florida Statutes, is
19  amended to read:
20         193.155  Homestead assessments.--Homestead property
21  shall be assessed at just value as of January 1, 1994.
22  Property receiving the homestead exemption after January 1,
23  1994, shall be assessed at just value as of January 1 of the
24  year in which the property receives the exemption. Thereafter,
25  determination of the assessed value of the property is subject
26  to the following provisions:
27         (1)  Beginning in 1995, or the year following the year
28  the property receives homestead exemption, whichever is later,
29  the property shall be reassessed annually on January 1. Any
30  change resulting from such reassessment shall not exceed the
31  lower of the following:
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1         (a)  Three percent of the assessed value of the
 2  property for the prior year; or
 3         (b)  The percentage change in the Consumer Price Index
 4  for All Urban Consumers, U.S. City Average, all items
 5  1967=100, or successor reports for the preceding calendar year
 6  as initially reported by the United States Department of
 7  Labor, Bureau of Labor Statistics.
 8         (2)  If the assessed value of the property as
 9  calculated under subsection (1) exceeds the just value, the
10  assessed value of the property shall be lowered to the just
11  value of the property.
12         (3)  Except as provided in this subsection, property
13  assessed under this section shall be assessed at just value as
14  of January 1 of the year following a change of ownership.
15  Thereafter, the annual changes in the assessed value of the
16  property are subject to the limitations in subsections (1) and
17  (2). For the purpose of this section, a change in ownership
18  means any sale, foreclosure, or transfer of legal title or
19  beneficial title in equity to any person, except as provided
20  in this subsection. There is no change of ownership if:
21         (a)  Subsequent to the change or transfer, the same
22  person is entitled to the homestead exemption as was
23  previously entitled and:
24         1.  The transfer of title is to correct an error; or
25         2.  The transfer is between legal and equitable title;
26         (b)  The transfer is between husband and wife,
27  including a transfer to a surviving spouse or a transfer due
28  to a dissolution of marriage;
29         (c)  The transfer occurs by operation of law under s.
30  732.4015; or
31         (d)  Upon the death of the owner, the transfer is
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  between the owner and another who is a permanent resident and
 2  is legally or naturally dependent upon the owner.
 3         (4)(a)  Changes, additions, or improvements to
 4  homestead property shall be assessed at just value as of the
 5  first January 1 after the changes, additions, or improvements
 6  are substantially completed.
 7         (b)  Changes, additions, or improvements do not include
 8  replacement of a portion of real property damaged or destroyed
 9  by misfortune or calamity when the just value of the damaged
10  or destroyed portion as replaced is not more than 125 percent
11  of the just value of the damaged or destroyed portion. The
12  value of any replaced real property, or portion thereof, which
13  is in excess of 125 percent of the just value of the damaged
14  or destroyed property shall be deemed to be a change,
15  addition, or improvement. Replaced real property with a just
16  value of less than 100 percent of the original property's just
17  value shall be assessed pursuant to subsection (5).
18         (c)  Changes, additions, or improvements include
19  improvements made to common areas or other improvements made
20  to property other than to the homestead property by the owner
21  or by an owner association, which improvements directly
22  benefit the homestead property. Such changes, additions, or
23  improvements shall be assessed at just value, and the just
24  value shall be apportioned among the parcels benefiting from
25  the improvement.
26         (5)  When property is destroyed or removed and not
27  replaced, the assessed value of the parcel shall be reduced by
28  the assessed value attributable to the destroyed or removed
29  property.
30         (6)  Only property that receives a homestead exemption
31  is subject to this section. No portion of property that is
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  assessed solely on the basis of character or use pursuant to
 2  s. 193.461 or s. 193.501, or assessed pursuant to s. 193.505,
 3  is subject to this section. When property is assessed under s.
 4  193.461, s. 193.501, or s. 193.505 and contains a residence
 5  under the same ownership, the portion of the property
 6  consisting of the residence and curtilage must be assessed
 7  separately, pursuant to s. 193.011, for the assessment to be
 8  subject to the limitation in this section.
 9         (7)  If a person received a homestead exemption limited
10  to that person's proportionate interest in real property, the
11  provisions of this section apply only to that interest.
12         (8)  Erroneous assessments of homestead property
13  assessed under this section may be corrected in the following
14  manner:
15         (a)  If errors are made in arriving at any annual
16  assessment under this section due to a material mistake of
17  fact concerning an essential characteristic of the property,
18  the just value and assessed value assessment must be
19  recalculated for every such year, including the year in which
20  the mistake occurred.
21         (b)  If changes, additions, or improvements are not
22  assessed at just value as of the first January 1 after they
23  were substantially completed, the property appraiser shall
24  determine the just value for such changes, additions, or
25  improvements for the year they were substantially completed.
26  Assessments for subsequent years shall be corrected, applying
27  this section if applicable.
28         (c)  If back taxes are due pursuant to s. 193.092, the
29  corrections made pursuant to this subsection shall be used to
30  calculate such back taxes.
31         (9)  If the property appraiser determines that for any
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  year or years within the prior 10 years a person who was not
 2  entitled to the homestead property assessment limitation
 3  granted under this section was granted the homestead property
 4  assessment limitation, the property appraiser making such
 5  determination shall record in the public records of the county
 6  a notice of tax lien against any property owned by that person
 7  in the county, and such property must be identified in the
 8  notice of tax lien. Such property that is situated in this
 9  state is subject to the unpaid taxes, plus a penalty of 50
10  percent of the unpaid taxes for each year and 15 percent
11  interest per annum. However, when a person entitled to
12  exemption pursuant to s. 196.031 inadvertently receives the
13  limitation pursuant to this section following a change of
14  ownership, the assessment of such property must be corrected
15  as provided in paragraph (8)(a), and the person need not pay
16  the unpaid taxes, penalties, or interest.
17         Section 2.  Paragraph (c) of subsection (2) of section
18  195.096, Florida Statutes, is amended to read:
19         195.096  Review of assessment rolls.--
20         (2)  The department shall conduct, no less frequently
21  than once every 2 years, an in-depth review of the assessment
22  rolls of each county. The department need not individually
23  study every use-class of property set forth in s. 195.073, but
24  shall at a minimum study the level of assessment in relation
25  to just value of each classification specified in subsection
26  (3). Such in-depth review may include proceedings of the value
27  adjustment board and the audit or review of procedures used by
28  the counties to appraise property.
29         (c)  In conducting assessment ratio studies, the
30  department must use a representative or statistically reliable
31  sample of properties in tests of each classification, stratum,
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  or roll made the subject of a ratio study published by it. The
 2  department shall document and retain records of the measures
 3  of representativeness of the properties studied in compliance
 4  with this section. Such documentation must include a record of
 5  findings used as the basis for the approval or disapproval of
 6  the tax roll in each county pursuant to s. 193.1142. For
 7  purposes of this section, the department shall rely primarily
 8  on an assessment-to-sales-ratio study in conducting assessment
 9  ratio studies in those classifications of property specified
10  in subsection (3) for which there are adequate market sales.
11  The department shall compute the median and the value-weighted
12  mean for each classification or subclassification studied and
13  for the roll as a whole.
14         Section 3.  Effective January 1, 2003, paragraph (c) of
15  subsection (2) of section 195.096, Florida Statutes, as
16  amended by this act, is amended to read:
17         195.096  Review of assessment rolls.--
18         (2)  The department shall conduct, no less frequently
19  than once every 2 years, an in-depth review of the assessment
20  rolls of each county. The department need not individually
21  study every use-class of property set forth in s. 195.073, but
22  shall at a minimum study the level of assessment in relation
23  to just value of each classification specified in subsection
24  (3). Such in-depth review may include proceedings of the value
25  adjustment board and the audit or review of procedures used by
26  the counties to appraise property.
27         (c)  In conducting assessment ratio studies, the
28  department must use a representative or statistically reliable
29  sample of properties in tests of each classification, stratum,
30  or roll made the subject of a ratio study published by it. The
31  department shall document and retain records of the measures
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  of representativeness of the properties studied in compliance
 2  with this section. Such documentation must include a record of
 3  findings used as the basis for the approval or disapproval of
 4  the tax roll in each county pursuant to s. 193.1142. In
 5  addition, to the greatest extent practicable, the department
 6  shall study assessment roll strata by value groups or market
 7  areas for each classification, subclassification, or stratum
 8  to be studied to ensure the representativeness of ratio study
 9  samples. For purposes of this section, the department shall
10  rely primarily on an assessment-to-sales-ratio study in
11  conducting assessment ratio studies in those classifications
12  of property specified in subsection (3) for which there are
13  adequate market sales.  The department shall compute the
14  median and the value-weighted mean for each classification or
15  subclassification studied and for the roll as a whole.
16         Section 4.  Effective upon this act becoming a law and
17  applicable to the tax year 2001 and thereafter, section
18  196.1975, Florida Statutes, is amended to read:
19         196.1975  Exemption for property used by nonprofit
20  homes for the aged.--Nonprofit homes for the aged are exempt
21  to the extent that they meet the following criteria:
22         (1)  The applicant must be a corporation not for profit
23  pursuant to chapter 617 or a Florida limited partnership, the
24  sole general partner of which is a corporation not for profit
25  pursuant to chapter 617, and the corporation not for profit
26  must have been exempt as of January 1 of the year for which
27  exemption from ad valorem property taxes is requested from
28  federal income taxation by having qualified as an exempt
29  charitable organization under the provisions of s. 501(c)(3)
30  of the Internal Revenue Code of 1954 or of the corresponding
31  section of a subsequently enacted federal revenue act.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1         (2)  A facility will not qualify as a "home for the
 2  aged" unless at least 75 percent of the occupants are over the
 3  age of 62 years or totally and permanently disabled.  For
 4  homes for the aged which are exempt from paying income taxes
 5  to the United States as specified in subsection (1), licensing
 6  by the Agency for Health Care Administration is required for
 7  ad valorem tax exemption hereunder only if the home:
 8         (a)  Furnishes medical facilities or nursing services
 9  to its residents, or
10         (b)  Qualifies as an assisted living facility under
11  part III of chapter 400.
12         (3)  Those portions of the home for the aged which are
13  devoted exclusively to the conduct of religious services or
14  the rendering of nursing or medical services are exempt from
15  ad valorem taxation.
16         (4)(a)  After removing the assessed value exempted in
17  subsection (3), units or apartments in homes for the aged
18  shall be exempt only to the extent that residency in the
19  existing unit or apartment of the applicant home is reserved
20  for or restricted to or the unit or apartment is occupied by
21  persons who have resided in the applicant home and in good
22  faith made this state their permanent residence as of January
23  1 of the year in which exemption is claimed and who also meet
24  the requirements set forth in one of the following
25  subparagraphs:
26         1.  Persons who have gross incomes of not more than
27  $7,200 per year and who are 62 years of age or older.
28         2.  Couples, one of whom must be 62 years of age or
29  older, having a combined gross income of not more than $8,000
30  per year, or the surviving spouse thereof, who lived with the
31  deceased at the time of the deceased's death in a home for the
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  aged.
 2         3.  Persons who are totally and permanently disabled
 3  and who have gross incomes of not more than $7,200 per year.
 4         4.  Couples, one or both of whom are totally and
 5  permanently disabled, having a combined gross income of not
 6  more than $8,000 per year, or the surviving spouse thereof,
 7  who lived with the deceased at the time of the deceased's
 8  death in a home for the aged.
 9  
10  However, the income limitations do not apply to totally and
11  permanently disabled veterans, provided they meet the
12  requirements of s. 196.081.
13         (b)  The maximum income limitations permitted in this
14  subsection shall be adjusted, effective January 1, 1977, and
15  on each succeeding year, by the percentage change in the
16  average cost-of-living index in the period January 1 through
17  December 31 of the immediate prior year compared with the same
18  period for the year prior to that.  The index is the average
19  of the monthly consumer price index figures for the stated
20  12-month period, relative to the United States as a whole,
21  issued by the United States Department of Labor.
22         (5)  Nonprofit housing projects that which are financed
23  by a mortgage loan made or insured by the United States
24  Department of Housing and Urban Development under s. 202, s.
25  202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
26  National Housing Act, as amended, and that which are subject
27  to the income limitations established by that department are
28  shall be exempt from ad valorem taxation.
29         (6)  For the purposes of this section, gross income
30  includes social security benefits payable to the person or
31  couple or assigned to an organization designated specifically
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  for the support or benefit of that person or couple.
 2         (7)  It is hereby declared to be the intent of the
 3  Legislature that subsection (3) implements the ad valorem tax
 4  exemption authorized in the third sentence of s. 3(a), Art.
 5  VII, State Constitution, and the remaining subsections
 6  implement s. 6(e), Art. VII, State Constitution, for purposes
 7  of granting such exemption to homes for the aged.
 8         (8)  Physical occupancy on January 1 is not required in
 9  those instances in which a home restricts occupancy to persons
10  meeting the income requirements specified in this section.
11  Those portions of a such property failing to meet those
12  requirements shall qualify for an alternative exemption as
13  provided in subsection (9). In a home in which at least 25
14  percent of the units or apartments of the home are restricted
15  to or occupied by persons meeting the income requirements
16  specified in this section, the common areas of that home are
17  exempt from taxation.
18         (9)(a)  Each unit or apartment of a home for the aged
19  not exempted in subsection (3) or subsection (4), which is
20  operated by a not for profit corporation and is owned by such
21  corporation or leased by such corporation from a health
22  facilities authority pursuant to part III of chapter 154 or an
23  industrial development authority pursuant to part III of
24  chapter 159, and which property is used by such home for the
25  aged for the purposes for which it was organized, is exempt
26  from all ad valorem taxation, except for assessments for
27  special benefits, to the extent of $25,000 of assessed
28  valuation of such property for each apartment or unit:
29         1.  Which is used by such home for the aged for the
30  purposes for which it was organized; and
31         2.  Which is occupied, on January 1 of the year in
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  which exemption from ad valorem property taxation is
 2  requested, by a person who resides therein and in good faith
 3  makes the same his or her permanent home.
 4         (b)  Each corporation home applying for an exemption
 5  under paragraph (a) of this subsection or paragraph (4)(a)
 6  must file with the annual application for exemption an
 7  affidavit from each person who occupies a unit or apartment
 8  for which an exemption under either of those paragraphs that
 9  paragraph is claimed stating that the person resides therein
10  and in good faith makes that unit or apartment his or her
11  permanent residence.
12         (10)  Homes for the aged, or life care communities,
13  however designated, which are financed through the sale of
14  health facilities authority bonds or bonds of any other public
15  entity, whether on a sale-leaseback basis, a sale-repurchase
16  basis, or other financing arrangement, or which are financed
17  without public-entity bonds, are exempt from ad valorem
18  taxation only in accordance with the provisions of this
19  section.
20         (11)  Any portion of such property used for nonexempt
21  purposes may be valued and placed upon the tax rolls
22  separately from any portion entitled to exemption pursuant to
23  this chapter.
24         (12)  When it becomes necessary for the property
25  appraiser to determine the value of a unit, he or she shall
26  include in such valuation the proportionate share of the
27  common areas, including the land, fairly attributable to such
28  unit, based upon the value of such unit in relation to all
29  other units in the home, unless the common areas are otherwise
30  exempted by subsection (8).
31         (13)  Sections 196.195 and 196.196 do not apply to this
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  section.
 2         Section 5.  Section 197.212, Florida Statutes, is
 3  amended to read:
 4         197.212  Minimum tax bill.--On the recommendation of
 5  the county tax collector, the board of county commissioners
 6  may adopt a resolution instructing the collector not to mail
 7  tax notices to a taxpayer when the amount of taxes shown on
 8  the tax notice is less than an amount up to $50 $5. The
 9  resolution shall also instruct the property appraiser that he
10  or she shall not make an extension on the tax roll for any
11  parcel for which the tax would amount to less than an amount
12  up to $50 $5. The minimum tax bill so established may not
13  exceed an amount up to $50 $5.
14         Section 6.  Subsection (1) of section 197.343, Florida
15  Statutes, is amended to read:
16         197.343  Tax notices; additional notice required.--
17         (1)  An additional tax notice shall be mailed by April
18  30 10 to each taxpayer whose payment has not been received.
19  The notice shall include a description of the property and the
20  following statement: If the taxes for ...(year)... on your
21  property are not paid, a tax certificate will be sold for
22  these taxes, and your property may be sold at a future date.
23  Contact the tax collector's office at once.
24         Section 7.  Subsection (5) of section 197.502, Florida
25  Statutes, is amended to read:
26         197.502  Application for obtaining tax deed by holder
27  of tax sale certificate; fees.--
28         (5)(a)  The tax collector may contract with a title
29  company or an abstract company at a reasonable fee to provide
30  the minimum information required by subsection (4), consistent
31  with rules adopted by the department. If additional
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                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  information is required, the tax collector shall make a
 2  written request to the title or abstract company stating the
 3  additional requirements. The tax collector may select any
 4  title or abstract company, regardless of its location, as long
 5  as the fee is reasonable, the minimum information is
 6  submitted, and the title or abstract company is authorized to
 7  do business in this state. The tax collector may advertise and
 8  accept bids for the title or abstract company if he or she
 9  considers it appropriate to do so.
10         1.  The ownership and encumbrance report must be
11  printed or typed on stationery or other paper showing a
12  letterhead of the person, firm, or company that makes the
13  search, and the signature of the person who makes the search
14  or of an officer of the firm must be attached. The tax
15  collector is not liable for payment to the firm unless these
16  requirements are met.
17         2.  The tax collector shall not accept or pay for any
18  title search or abstract if no financial responsibility is
19  assumed for the search. However, reasonable restrictions as to
20  the liability or responsibility of the title or abstract
21  company are acceptable.
22         3.  In order to establish uniform prices for ownership
23  and encumbrance reports within the county, the tax collector
24  shall ensure that the contract for ownership and encumbrance
25  reports include all requests for title searches or abstracts
26  for a given period of time.
27         (b)  Any fee paid for any title search or abstract
28  shall be collected at the time of application under subsection
29  (1), and the amount of the fee shall be added to the opening
30  bid.
31         (c)  The clerk shall advertise and administer the sale
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                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  and receive such fees for the issuance of the deed and sale of
 2  the property as are provided in s. 28.24.
 3         Section 8.  Effective January 1, 2002, section 200.069,
 4  Florida Statutes, is amended to read:
 5         200.069  Notice of proposed property taxes and non-ad
 6  valorem assessments.--Pursuant to s. 200.065(2)(b), the
 7  property appraiser, in the name of the taxing authorities and
 8  local governing boards levying non-ad valorem assessments
 9  within his or her jurisdiction and at the expense of the
10  county, shall prepare and deliver by first-class mail to each
11  taxpayer to be listed on the current year's assessment roll a
12  notice of proposed property taxes, which notice shall be in
13  substantially the following form. Notwithstanding the
14  provisions of s. 195.022, no county officer shall use a form
15  other than that provided by the department for this purpose,
16  except as provided in subsection (11) and s. 200.065(13).
17         (1)  The notice shall read:
18  
19                NOTICE OF PROPOSED PROPERTY TAXES
20                  DO NOT PAY--THIS IS NOT A BILL
21  
22         The taxing authorities which levy property taxes
23  against your property will soon hold PUBLIC HEARINGS to adopt
24  budgets and tax rates for the next year.
25         The purpose of these PUBLIC HEARINGS is to receive
26  opinions from the general public and to answer questions on
27  the proposed tax change and budget PRIOR TO TAKING FINAL
28  ACTION.
29         Each taxing authority may AMEND OR ALTER its proposals
30  at the hearing.
31  
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                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1         (2)  The notice shall further contain information
 2  applicable to the specific parcel in question.  The
 3  information shall be in columnar form. There shall be five
 4  column headings which shall read:  "Taxing Authority," "Your
 5  Property Taxes Last Year," "Your Taxes This Year IF PROPOSED
 6  Budget Change is Made," "A Public Hearing on the Proposed
 7  Taxes and Budget Will be Held:", and "Your Taxes This Year IF
 8  NO Budget Change is Made."
 9         (3)  There shall be under each column heading an entry
10  for the county; the school district levy required pursuant to
11  s. 236.02(6); other operating school levies; the municipality
12  or municipal service taxing unit or units in which the parcel
13  lies, if any; the water management district levying pursuant
14  to s. 373.503; the a single entry for other independent
15  special districts in which the parcel lies, if any, except as
16  provided in subsection (11); and a single entry for all voted
17  levies for debt service applicable to the parcel, if any.
18         (4)  For each entry listed in subsection (3), there
19  shall appear on the notice the following:
20         (a)  In the first column, a brief, commonly used name
21  for the taxing authority or its governing body. The entry in
22  the first column for the levy required pursuant to s.
23  236.02(6) shall be "By State Law." The entry for other
24  operating school district levies shall be "By Local Board."
25  Both school levy entries shall be indented and preceded by the
26  notation "Public Schools:". The entry in the first column for
27  independent special districts other than the water management
28  district shall be "Independent Special Districts," except as
29  provided in subsection (11). For each voted levy levies for
30  debt service, the entry shall be "Voter Approved Debt
31  Payments."
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1         (b)  In the second column, the gross amount of ad
 2  valorem taxes levied against the parcel in the previous year.
 3  If the parcel did not exist in the previous year, the second
 4  column shall be blank.
 5         (c)  In the third column, the gross amount of ad
 6  valorem taxes proposed to be levied in the current year, which
 7  amount shall be based on the proposed millage rates provided
 8  to the property appraiser pursuant to s. 200.065(2)(b) or, in
 9  the case of voted levies for debt service, the millage rate
10  previously authorized by referendum, and the taxable value of
11  the parcel as shown on the current year's assessment roll.
12         (d)  In the fourth column, the date, the time, and a
13  brief description of the location of the public hearing
14  required pursuant to s. 200.065(2)(c). However:
15         1.  No entry shall be made in the fourth column for the
16  line showing independent special districts other than water
17  management districts if that line represents more than one
18  district;
19         2.  For the line showing voted levies for debt service
20  pursuant to paragraph (a), the following statement shall
21  appear: "Includes debt of ...(list of brief, commonly used
22  names for each taxing authority whose debt service levy is
23  included on this line)..."; and
24         3.  For the line showing totals, the following
25  statement shall appear: "For details on independent special
26  districts and voter-approved debt, contact your Tax Collector
27  at ...(phone number)...."  If the option in subsection (11) is
28  utilized, the phrase "independent special districts and" shall
29  be deleted.
30         (e)  In the fifth column, the gross amount of ad
31  valorem taxes which would apply to the parcel in the current
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  year if each taxing authority were to levy the rolled-back
 2  rate computed pursuant to s. 200.065(1) or, in the case of
 3  voted levies for debt service, the amount previously
 4  authorized by referendum.
 5         (f)  For special assessments collected utilizing the ad
 6  valorem method pursuant to s. 197.363, the previous year's
 7  assessment amount shall be added to the ad valorem taxes shown
 8  in the second and fifth columns, and the amount proposed to be
 9  imposed for the current year shall be added to the ad valorem
10  taxes shown in the third column.
11         (5)  The amounts shown on each line preceding each the
12  entry for voted levies for debt service shall include the sum
13  of all ad valorem levies of the applicable unit of local
14  government for operating purposes, including those of
15  dependent special districts (except for municipal service
16  taxing units, which shall be listed on the line for
17  municipalities), and all nonvoted or nondebt service special
18  assessments imposed by the applicable unit of local government
19  to be collected utilizing the ad valorem method.  Voted levies
20  for debt service for all units of local government shall be
21  combined and shown on a single line, including voter-approved
22  special assessments for debt service if collected utilizing
23  the ad valorem method.
24         (6)  Following the entries for each taxing authority, a
25  final entry shall show:  in the first column, the words "Total
26  Property Taxes:" and in the second, third, and fifth columns,
27  the sum of the entries for each of the individual taxing
28  authorities.  The second, third, and fifth columns shall,
29  immediately below said entries, be labeled Column 1, Column 2,
30  and Column 3, respectively.  Below these labels shall appear,
31  in boldfaced type, the statement:  SEE REVERSE SIDE FOR
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  EXPLANATION.
 2         (7)  The notice shall further show a brief legal
 3  description of the property and the name and mailing address
 4  of the owner of record.
 5         (8)  The notice shall further read:
 6  
 7                 Market       Assessed       Exemp-       Taxable
 8                 Value         Value         tions         Value
 9  Your Property
10  Value Last
11  Year         $.........    $.........    $.........    $.........
12  Your Property
13  Value This
14  Year         $.........    $.........    $.........    $.........
15  
16         If you feel that the market value of your property is
17  inaccurate or does not reflect fair market value, contact your
18  county property appraiser at ...(phone number)... or
19  ...(location)....
20         If the property appraiser's office is unable to resolve
21  the matter as to market value, you may file a petition for
22  adjustment with the Value Adjustment Board. Petition forms are
23  available from the county property appraiser and must be filed
24  ON OR BEFORE ...(date)....
25  
26         (9)  The reverse side of the form shall read:
27  
28                           EXPLANATION
29  
30  *COLUMN 1--"YOUR PROPERTY TAXES LAST YEAR"
31  This column shows the taxes that applied last year to your
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  property. These amounts were based on budgets adopted last
 2  year and your property's previous taxable value.
 3  *COLUMN 2--"YOUR TAXES IF PROPOSED BUDGET CHANGE IS MADE"
 4  This column shows what your taxes will be this year under the
 5  BUDGET ACTUALLY PROPOSED by each local taxing authority. The
 6  proposal is NOT final and may be amended at the public
 7  hearings shown on the front side of this notice.
 8  *COLUMN 3--"YOUR TAXES IF NO BUDGET CHANGE IS MADE"
 9  This column shows what your taxes will be this year IF EACH
10  TAXING AUTHORITY DOES NOT INCREASE ITS PROPERTY TAX LEVY.
11  These amounts are based on last year's budgets and your
12  current assessment. The difference between columns 2 and 3 is
13  the tax change proposed by each local taxing authority and is
14  NOT the result of higher assessments.
15         ASSESSED VALUE means:
16         For homestead property: value as limited by the State
17  Constitution;
18         For agricultural and similarly assessed property:
19  classified use value;
20         For all other property: market value.
21  
22  *Note: Amounts shown on this form do NOT reflect early payment
23  discounts you may have received or may be eligible to receive.
24  (Discounts are a maximum of 4 percent of the amounts shown on
25  this form.)
26  
27         (10)  The front side of the form required pursuant to
28  this section shall approximate in all essential respects the
29  facsimile set forth in this subsection as it appears in s. 26,
30  chapter 80-274, Laws of Florida, except for amendments
31  subsequent to 1980.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1         (11)  If authorized by resolution of the governing body
 2  of the county prior to July 1, and with the written
 3  concurrence of the property appraiser, the notice specified in
 4  this section shall contain a separate line entry for each
 5  independent special taxing district in the jurisdiction of
 6  which the parcel lies.  Each such district shall be identified
 7  by name.  The form used for this purpose shall be identical to
 8  that supplied by the department and shall be delivered to the
 9  property appraiser not later than July 31, except that a
10  larger space shall be provided for listing the columnar
11  information specified in subsections (2), (3), (4), and (5).
12  If the executive director of the department grants written
13  permission, the form may be printed only on one side.  The
14  governing body of the county shall bear the expense of
15  procuring such form.
16         (11)(12)  The bottom portion of the notice shall
17  further read in bold, conspicuous print:
18  
19         "Your final tax bill may contain non-ad valorem
20         assessments which may not be reflected on this
21         notice such as assessments for roads, fire,
22         garbage, lighting, drainage, water, sewer, or
23         other governmental services and facilities
24         which may be levied by your county, city, or
25         any special district."
26  
27         (12)(13)(a)  If requested by the local governing board
28  levying non-ad valorem assessments and agreed to by the
29  property appraiser, the notice specified in this section may
30  contain a notice of proposed or adopted non-ad valorem
31  assessments.  If so agreed, the notice shall be titled:
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  
 2                NOTICE OF PROPOSED PROPERTY TAXES
 3                     AND PROPOSED OR ADOPTED
 4                    NON-AD VALOREM ASSESSMENTS
 5                  DO NOT PAY--THIS IS NOT A BILL
 6  
 7  There must be a clear partition between the notice of proposed
 8  property taxes and the notice of proposed or adopted non-ad
 9  valorem assessments.  The partition must be a bold, horizontal
10  line approximately  1/8 -inch thick.  By rule, the department
11  shall provide a format for the form of the notice of proposed
12  or adopted non-ad valorem assessments which meets the
13  following minimum requirements:
14         1.  There must be subheading for columns listing the
15  levying local governing board, with corresponding assessment
16  rates expressed in dollars and cents per unit of assessment,
17  and the associated assessment amount.
18         2.  The purpose of each assessment must also be listed
19  in the column listing the levying local governing board if the
20  purpose is not clearly indicated by the name of the board.
21         3.  Each non-ad valorem assessment for each levying
22  local governing board must be listed separately.
23         4.  If a county has too many municipal service benefit
24  units or assessments to be listed separately, it shall combine
25  them by function.
26         5.  A brief statement outlining the responsibility of
27  the tax collector and each levying local governing board as to
28  any non-ad valorem assessment must be provided on the form,
29  accompanied by directions as to which office to contact for
30  particular questions or problems.
31         (b)  If the notice includes all adopted non-ad valorem
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  assessments, the provisions contained in subsection (11) (12)
 2  shall not be placed on the notice.
 3         Section 9.  Effective January 1, 2002, paragraph (a) of
 4  subsection (1) of section 192.0105, Florida Statutes, is
 5  amended to read:
 6         192.0105  Taxpayer rights.--There is created a Florida
 7  Taxpayer's Bill of Rights for property taxes and assessments
 8  to guarantee that the rights, privacy, and property of the
 9  taxpayers of this state are adequately safeguarded and
10  protected during tax levy, assessment, collection, and
11  enforcement processes administered under the revenue laws of
12  this state. The Taxpayer's Bill of Rights compiles, in one
13  document, brief but comprehensive statements that summarize
14  the rights and obligations of the property appraisers, tax
15  collectors, clerks of the court, local governing boards, the
16  Department of Revenue, and taxpayers. The rights afforded
17  taxpayers to assure that their privacy and property are
18  safeguarded and protected during tax levy, assessment, and
19  collection are available only insofar as they are implemented
20  in other parts of the Florida Statutes or rules of the
21  Department of Revenue. The rights so guaranteed to state
22  taxpayers in the Florida Statutes and the departmental rules
23  include:
24         (1)  THE RIGHT TO KNOW.--
25         (a)  The right to be mailed notice of proposed property
26  taxes and proposed or adopted non-ad valorem assessments (see
27  ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and
28  200.069). The notice must also inform the taxpayer that the
29  final tax bill may contain additional non-ad valorem
30  assessments (see s. 200.069(11)(12)).
31         Section 10.  (1)  There is created the Property Tax
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  Administration Task Force for the purpose of serving as a
 2  forum for bringing issues in property tax administration to
 3  the Department of Revenue, providing and evaluating
 4  suggestions for improving the property tax administration
 5  process, and promoting greater understanding of property tax
 6  administration issues. The Property Tax Administration Task
 7  Force shall consist of members representing business and
 8  industry, taxpayer groups, municipalities, counties, school
 9  districts, special districts, state government, and elected
10  officials charged with assessing and collecting property
11  taxes. The executive director of the department shall appoint
12  the members. The task force shall make periodic reports to the
13  department concerning findings and recommendations in the area
14  of property tax administration.
15         (2)  This section shall take effect upon this act
16  becoming a law.
17         Section 11.  (1)  There is created an advisory
18  committee on airport and seaport property taxation, consisting
19  of 8 members, two of whom shall be appointed by the Governor.
20  The President of the Senate shall appoint two members, one of
21  which must be a member of the Senate, and the Speaker of the
22  House shall appoint two members, one of which must be a member
23  of the House of Representatives. The executive director of the
24  Department of Revenue and one property appraiser appointed by
25  the executive director shall also serve on the committee. The
26  advisory committee shall study the taxation of airport and
27  seaport property and shall submit a written report on this
28  issue to the President of the Senate and the Speaker of the
29  House of Representatives on or before October 1, 2001. The
30  committee shall expire upon completion of the report.
31         (2)  This section shall take effect upon becoming a
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1  law.
 2         Section 12.  Except as otherwise provided herein, this
 3  act shall take effect July 1, 2001.
 4  
 5  
 6  ================ T I T L E   A M E N D M E N T ===============
 7  And the title is amended as follows:
 8         On page 1, line 2, through
 9         Page 2, line 11
10  remove from the title of the bill:  all of said lines
11  
12  and insert in lieu thereof:
13         An act relating to ad valorem tax
14         administration; amending s. 193.155, F.S.;
15         revising provisions relating to the correction
16         of errors in the assessment of homestead
17         property due to a material mistake of fact;
18         amending s. 195.096, F.S.; requiring the
19         Department of Revenue to document and retain
20         records used in the review of assessment rolls;
21         requiring the department, effective for 2003
22         and subsequent tax rolls, to study assessment
23         roll strata by value groups or market areas to
24         ensure the representativeness of ratio study
25         samples; amending s. 196.1975, F.S., relating
26         to exemptions for nonprofit homes for the aged;
27         specifying that the exemption applicable to
28         such homes the residents of which meet certain
29         income limitations applies to individual units
30         or apartments of such homes; providing for
31         application of a residency affidavit
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1         requirement to applicants for such an
 2         exemption; clarifying provisions relating to
 3         qualification for the alternative exemption
 4         provided by that section for those portions of
 5         a home in which the residents do not meet the
 6         income limitations; providing that s. 196.195,
 7         F.S., relating to requirements and criteria for
 8         determining the profit or nonprofit status of
 9         an applicant for exemption, and s. 196.196,
10         F.S., relating to criteria for determining
11         whether property is entitled to a charitable,
12         religious, scientific, or literary exemption,
13         do not apply to that section; amending s.
14         197.212, F.S., which allows the board of county
15         commissioners to instruct the tax collector not
16         to mail a tax notice when the amount of taxes
17         is less than a specified amount; increasing
18         such minimum amount; amending s. 197.343, F.S.;
19         revising the deadline for mailing an additional
20         tax notice to a taxpayer whose payment has not
21         been received; amending s. 197.502, F.S.;
22         authorizing the tax collector to contract with
23         a title or abstract company to provide
24         information concerning property described in a
25         tax certificate and providing requirements with
26         respect thereto; authorizing the tax collector
27         to pay a reasonable fee for this information;
28         providing that the amount of such fee shall be
29         added to the opening bid for a tax deed for the
30         property; amending s. 200.069, F.S., which
31         provides requirements for the form of the
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
 1         notice of proposed property taxes and non-ad
 2         valorem assessments; removing provisions which
 3         specify that a separate line entry for each
 4         independent special taxing district is
 5         optional; revising requirements for entries
 6         relating to voted levies for debt service;
 7         amending s. 192.0105, F.S.; correcting a
 8         reference; creating a Property Tax
 9         Administration Task Force and providing its
10         duties; creating an advisory committee on
11         airport and seaport property taxation; providng
12         purposes and membership; requiring a report;
13         providing effective dates.
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