Senate Bill sb1360c2

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    Florida Senate - 2002                    CS for CS for SB 1360

    By the Committees on Finance and Taxation; Comprehensive
    Planning, Local and Military Affairs; and Senator Pruitt




    314-2062A-02

  1                      A bill to be entitled

  2         An act relating to property tax administration;

  3         amending s. 194.011, F.S.; authorizing the

  4         Department of Revenue to prescribe the form of

  5         a petition to the value adjustment board;

  6         providing a timeline for the exchange of

  7         information and uniform procedures for value

  8         adjustment board hearings; amending s. 194.032,

  9         F.S.; revising the deadline for a notice of

10         appearance; amending s. 194.035, F.S.;

11         requiring value adjustment boards to use

12         special masters who have specified

13         qualifications; amending s. 195.062, F.S.;

14         authorizing the Department of Revenue to update

15         the guidelines for tangible personal property

16         assessment upon the approval of the executive

17         director; amending s. 197.182, F.S.;

18         establishing procedures and timelines for

19         approval or denial of property tax refund

20         claims; amending s. 200.069, F.S.; providing

21         that the Department of Revenue may adjust the

22         placement of required information on

23         Truth-In-Millage forms; creating s. 125.271,

24         F.S.; authorizing certain counties to levy a

25         special assessment to fund emergency medical

26         services; ratifying special assessments levied

27         before the effective date of this section;

28         amending s. 163.387, F.S.; adding an

29         independent special fire control district to

30         the list of entities exempt from making

31         payments to a redevelopment trust fund;

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

  2         exception to the requirement for assessing

  3         taxes to a current owner of property that has

  4         previously escaped taxation; amending s.

  5         196.161, F.S.; providing a waiver of penalty

  6         and interest in specified instances wherein a

  7         taxpayer erroneously receives a homestead tax

  8         exemption; amending s. 200.065, F.S.; revising

  9         the procedure by which a property appraiser may

10         correct an error in notices of proposed taxes;

11         amending s. 420.5093, F.S.; prescribing how

12         property in the State Housing Tax Credit

13         Program shall be assessed; amending s.

14         420.5099, F.S.; prescribing how rent-restricted

15         units in a low-income tax credit development

16         shall be assessed; amending s. 197.552, F.S.;

17         providing for survival of special district or

18         community development district liens; amending

19         s. 193.461, F.S.; providing that property that

20         has received an agricultural classification is

21         entitled to such classification until

22         agricultural use is abandoned; providing an

23         effective date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Subsection (3) of section 194.011, Florida

28  Statutes, is amended, and subsections (4) and (5) are added to

29  that section, to read:

30         194.011  Assessment notice; objections to

31  assessments.--

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  1         (3)  A petition to the value adjustment board must be

  2  in substantially the form prescribed by the department.

  3  Notwithstanding s. 195.022, a county officer may not refuse to

  4  accept a form provided by the department for this purpose if

  5  the taxpayer chooses to use it. A petition to the value

  6  adjustment board shall describe the property by parcel number

  7  and shall be filed as follows:

  8         (a)  The property appraiser shall have available and

  9  shall distribute forms prescribed by the Department of Revenue

10  on which the petition shall be made.  Such petition shall be

11  sworn to by the petitioner.

12         (b)  The completed petition shall be filed with the

13  clerk of the value adjustment board of the county, who shall

14  acknowledge receipt thereof and promptly furnish a copy

15  thereof to the property appraiser.

16         (c)  The petition shall state the approximate time

17  anticipated by the taxpayer to present and argue his or her

18  petition before the board.

19         (d)  The petition may be filed, as to valuation issues,

20  at any time during the taxable year on or before the 25th day

21  following the mailing of notice by the property appraiser as

22  provided in subsection (1).  With respect to an issue

23  involving the denial of an exemption, an agricultural or

24  high-water recharge classification application, an application

25  for classification as historic property used for commercial or

26  certain nonprofit purposes, or a deferral, the petition must

27  be filed at any time during the taxable year on or before the

28  30th day following the mailing of the notice by the property

29  appraiser under s. 193.461, s. 193.503, s. 193.625, or s.

30  196.193 or notice by the tax collector under s. 197.253.

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  1         (e)  A condominium association, cooperative

  2  association, or any homeowners' association as defined in s.

  3  723.075, with approval of its board of administration or

  4  directors, may file with the value adjustment board a single

  5  joint petition on behalf of any association members who own

  6  parcels of property which the property appraiser determines

  7  are substantially similar with respect to location, proximity

  8  to amenities, number of rooms, living area, and condition.

  9  The condominium association, cooperative association, or

10  homeowners' association as defined in s. 723.075 shall provide

11  the unit owners with notice of its intent to petition the

12  value adjustment board and shall provide at least 20 days for

13  a unit owner to elect, in writing, that his or her unit not be

14  included in the petition.

15         (f)  An owner of contiguous, undeveloped parcels may

16  file with the value adjustment board a single joint petition

17  if the property appraiser determines such parcels are

18  substantially similar in nature.

19         (g)  The individual, agent, or legal entity that signs

20  the petition becomes an agent of the taxpayer for the purpose

21  of serving process to obtain personal jurisdiction over the

22  taxpayer for the entire value adjustment board proceedings,

23  including any appeals of a board decision by the property

24  appraiser pursuant to s. 194.036.

25         (4)(a)  At least 10 days before the hearing, the

26  petitioner shall provide to the property appraiser a list of

27  evidence to be presented at the hearing, together with copies

28  of all documentation to be considered by the value adjustment

29  board and a summary of evidence to be presented by witnesses,

30  and shall mail a copy of same to the value adjustment board.

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  1         (b)  No later than 5 days after the petitioner provides

  2  the information required under paragraph (a), the property

  3  appraiser shall provide to the petitioner a list of evidence

  4  to be presented at the hearing, together with copies of all

  5  documentation to be considered by the value adjustment board

  6  and a summary of evidence to be presented by witnesses, and

  7  shall mail a copy of same to the value adjustment board. The

  8  evidence list must contain the property record card if

  9  provided by the clerk.

10         (5)  The department shall by rule prescribe uniform

11  procedures for hearings before the value adjustment board

12  which include requiring:

13         (a)  That the clerk may not accept any petition that is

14  not fully completed by the petitioner;

15         (b)  Procedures for the exchange of information and

16  evidence by the property appraiser and the petitioner

17  consistent with s. 194.032;

18         (c)  That the value adjustment board hold an

19  organizational meeting for the purpose of making these

20  procedures available to petitioners.

21         Section 2.  Subsection (2) of section 194.032, Florida

22  Statutes, is amended to read:

23         194.032  Hearing purposes; timetable.--

24         (2)  The clerk of the governing body of the county

25  shall prepare a schedule of appearances before the board based

26  on petitions timely filed with him or her.  The clerk shall

27  notify each petitioner of the scheduled time of his or her

28  appearance no less than 20 15 calendar days prior to the day

29  of such scheduled appearance.  A copy of the property record

30  card containing relevant information used in computing the

31  taxpayer's current assessment shall be included with such

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  1  notice, if said card was requested by the taxpayer.  Such

  2  request shall be made by checking an appropriate box on the

  3  petition form.  No petitioner shall be required to wait for

  4  more than 4 hours from the scheduled time; and, if his or her

  5  petition is not heard in that time, the petitioner may, at his

  6  or her option, report to the chairperson of the meeting that

  7  he or she intends to leave; and, if he or she is not heard

  8  immediately, the petitioner's administrative remedies will be

  9  deemed to be exhausted, and he or she may seek further relief

10  as he or she deems appropriate. Failure on three occasions

11  with respect to any single tax year to convene at the

12  scheduled time of meetings of the board shall constitute

13  grounds for removal from office by the Governor for neglect of

14  duties.

15         Section 3.  Subsection (1) of section 194.035, Florida

16  Statutes, is amended to read:

17         194.035  Special masters; property evaluators.--

18         (1)  In counties having a population of more than

19  75,000, the board shall is authorized to appoint special

20  masters for the purpose of taking testimony and making

21  recommendations to the board, which recommendations the board

22  may act upon without further hearing.  Such special masters

23  may not be elected or appointed officials or employees of the

24  county but shall be selected from a list of those qualified

25  individuals who are willing to serve as special masters.  The

26  clerk of the board shall annually notify such individuals or

27  their professional associations to make known to them that

28  opportunities to serve as special masters exist.  A special

29  master shall be either a member of The Florida Bar and

30  knowledgeable in the area of ad valorem taxation as to issues

31  of exemptions and classification or a state-certified

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  1  designated member of a professionally recognized real estate

  2  appraiser who has appraisers' organization and have not less

  3  than 5 years' experience in property valuation as to issues of

  4  real property value or a designated member of a professionally

  5  recognized real estate appraisers' organization who has not

  6  less than 5 years' experience in property valuation as to

  7  issues of tangible personal property value.  A special master

  8  need not be a resident of the county in which he or she

  9  serves.  No special master shall be permitted to represent a

10  person before the board in any tax year during which he or she

11  has served that board as a special master.  The board shall

12  appoint such masters from the list so compiled prior to

13  convening of the board.  The expense of hearings before

14  special masters and any compensation of special masters shall

15  be borne three-fifths by the board of county commissioners and

16  two-fifths by the school board.

17         Section 4.  Subsection (1) of section 195.062, Florida

18  Statutes, is amended to read:

19         195.062  Manual of instructions.--

20         (1)  The department shall prepare and maintain a

21  current manual of instructions for property appraisers and

22  other officials connected with the administration of property

23  taxes. This manual shall contain all:

24         (a)  Rules and regulations.

25         (b)  Standard measures of value.

26         (c)  Forms and instructions relating to the use of

27  forms and maps.

28

29  Consistent with s. 195.032, the standard measures of value

30  shall be adopted in general conformity with the procedures set

31  forth in s. 120.54, but shall not have the force or effect of

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  1  such rules and shall be used only to assist tax officers in

  2  the assessment of property as provided by s. 195.002.

  3  Guidelines may be updated annually to incorporate new market

  4  data, which may be in tabular form. Such new data may be

  5  incorporated into the guidelines on the approval of the

  6  executive director if after notice in substantial conformity

  7  with s. 120.54 there is no objection filed with the department

  8  within 45 days, and the procedures set forth in s. 120.54 do

  9  not apply.

10         Section 5.  Paragraphs (e) through (l) are added to

11  subsection (1) of section 197.182, Florida Statutes, to read:

12         197.182  Department of Revenue to pass upon and order

13  refunds.--

14         (1)

15         (e)  If funds are available from current receipts and,

16  subject to subsection (3), if a refund is approved, the

17  taxpayer is entitled to receive a refund within 100 days after

18  a claim for refund is made, unless the tax collector, property

19  appraiser, or department states good cause for remitting the

20  refund after that date. The times stated in this paragraph and

21  paragraphs (f) through (j) are directory and may be extended

22  by a maximum of an additional 60 days if good cause is stated.

23         (f)  If the taxpayer contacts the property appraiser

24  first, the property appraiser shall refer the taxpayer to the

25  tax collector.

26         (g)  If a correction to the roll by the property

27  appraiser is required as a condition for the refund, the tax

28  collector shall, within 30 days, advise the property appraiser

29  of the taxpayer's application for a refund and forward the

30  application to the property appraiser.

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  1         (h)  The property appraiser has 30 days after receipt

  2  of the form from the tax collector to correct the roll if a

  3  correction is permissible by law. After the 30 days, the

  4  property appraiser shall immediately advise the tax collector

  5  in writing whether or not the roll has been corrected, stating

  6  the reasons why the roll was corrected or not corrected.

  7         (i)  If the refund is not one that can be directly

  8  acted upon by the tax collector, for which an order from the

  9  department is required, the tax collector shall forward the

10  claim for refund to the department upon receipt of the

11  correction from the property appraiser or 30 days after the

12  claim for refund, whichever occurs first. This provision does

13  not apply to corrections resulting in refunds of less than

14  $400, which the tax collector shall make directly, without

15  order from the department, and from undistributed funds, and

16  may make without approval of the various taxing authorities.

17         (j)  The department shall approve or deny all refunds

18  within 30 days after receiving from the tax collector the

19  claim for refund, unless good cause is stated for delaying the

20  approval or denial beyond that date.

21         (k)  Subject to and after meeting the requirements of

22  s. 194.171 and this section, an action to contest a denial of

23  refund may not be brought later than 60 days after the date

24  the tax collector issues the denial to the taxpayer, which

25  notice must be sent by certified mail, or 4 years after

26  January 1 of the year for which the taxes were paid, whichever

27  is later.

28         (l)  In computing any time period under this section,

29  when the last day of the period is a Saturday, Sunday, or

30  legal holiday, the period is to be extended to the next

31  working day.

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  1         Section 6.  Section 200.069, Florida Statutes, is

  2  amended to read:

  3         200.069  Notice of proposed property taxes and non-ad

  4  valorem assessments.--Pursuant to s. 200.065(2)(b), the

  5  property appraiser, in the name of the taxing authorities and

  6  local governing boards levying non-ad valorem assessments

  7  within his or her jurisdiction and at the expense of the

  8  county, shall prepare and deliver by first-class mail to each

  9  taxpayer to be listed on the current year's assessment roll a

10  notice of proposed property taxes, which notice shall contain

11  the elements and use the format provided in be in

12  substantially the following form. Notwithstanding the

13  provisions of s. 195.022, no county officer shall use a form

14  other than that provided herein by the department for this

15  purpose, except as provided in s. 200.065(13). The Department

16  of Revenue may adjust the spacing and placement on the form of

17  the elements listed in this section as it considers necessary

18  based on changes in conditions necessitated by various taxing

19  authorities. If the elements are in the order listed, the

20  placement of the listed columns may be varied at the

21  discretion and expense of the property appraiser, and the

22  property appraiser may use printing technology and devices to

23  complete the form, the spacing, and the placement of the

24  information in the columns. A county officer may use a form

25  other than that provided by the department for purposes of

26  this part, but only if his or her office pays the related

27  expenses and he or she obtains prior written permission from

28  the executive director of the department; however, a county

29  officer may not use a form the substantive content of which is

30  at variance with the form prescribed by the department. The

31  county officer may continue to use such an approved form until

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  1  the law that specifies the form is amended or repealed or

  2  until the officer receives written disapproval from the

  3  executive director.

  4         (1)  The notice shall read:

  5

  6                NOTICE OF PROPOSED PROPERTY TAXES

  7                  DO NOT PAY--THIS IS NOT A BILL

  8

  9         The taxing authorities which levy property taxes

10  against your property will soon hold PUBLIC HEARINGS to adopt

11  budgets and tax rates for the next year.

12         The purpose of these PUBLIC HEARINGS is to receive

13  opinions from the general public and to answer questions on

14  the proposed tax change and budget PRIOR TO TAKING FINAL

15  ACTION.

16         Each taxing authority may AMEND OR ALTER its proposals

17  at the hearing.

18

19         (2)  The notice shall further contain information

20  applicable to the specific parcel in question.  The

21  information shall be in columnar form. There shall be five

22  column headings which shall read:  "Taxing Authority," "Your

23  Property Taxes Last Year," "Your Taxes This Year IF PROPOSED

24  Budget Change is Made," "A Public Hearing on the Proposed

25  Taxes and Budget Will be Held:", and "Your Taxes This Year IF

26  NO Budget Change is Made."

27         (3)  There shall be under each column heading an entry

28  for the county; the school district levy required pursuant to

29  s. 236.02(6); other operating school levies; the municipality

30  or municipal service taxing unit or units in which the parcel

31  lies, if any; the water management district levying pursuant

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  1  to s. 373.503; the independent special districts in which the

  2  parcel lies, if any; and for all voted levies for debt service

  3  applicable to the parcel, if any.

  4         (4)  For each entry listed in subsection (3), there

  5  shall appear on the notice the following:

  6         (a)  In the first column, a brief, commonly used name

  7  for the taxing authority or its governing body. The entry in

  8  the first column for the levy required pursuant to s.

  9  236.02(6) shall be "By State Law." The entry for other

10  operating school district levies shall be "By Local Board."

11  Both school levy entries shall be indented and preceded by the

12  notation "Public Schools:". For each voted levy for debt

13  service, the entry shall be "Voter Approved Debt Payments."

14         (b)  In the second column, the gross amount of ad

15  valorem taxes levied against the parcel in the previous year.

16  If the parcel did not exist in the previous year, the second

17  column shall be blank.

18         (c)  In the third column, the gross amount of ad

19  valorem taxes proposed to be levied in the current year, which

20  amount shall be based on the proposed millage rates provided

21  to the property appraiser pursuant to s. 200.065(2)(b) or, in

22  the case of voted levies for debt service, the millage rate

23  previously authorized by referendum, and the taxable value of

24  the parcel as shown on the current year's assessment roll.

25         (d)  In the fourth column, the date, the time, and a

26  brief description of the location of the public hearing

27  required pursuant to s. 200.065(2)(c).

28         (e)  In the fifth column, the gross amount of ad

29  valorem taxes which would apply to the parcel in the current

30  year if each taxing authority were to levy the rolled-back

31  rate computed pursuant to s. 200.065(1) or, in the case of

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  1  voted levies for debt service, the amount previously

  2  authorized by referendum.

  3         (f)  For special assessments collected utilizing the ad

  4  valorem method pursuant to s. 197.363, the previous year's

  5  assessment amount shall be added to the ad valorem taxes shown

  6  in the second and fifth columns, and the amount proposed to be

  7  imposed for the current year shall be added to the ad valorem

  8  taxes shown in the third column.

  9         (5)  The amounts shown on each line preceding each

10  entry for voted levies for debt service shall include the sum

11  of all ad valorem levies of the applicable unit of local

12  government for operating purposes, including those of

13  dependent special districts (except for municipal service

14  taxing units, which shall be listed on the line for

15  municipalities), and all nonvoted or nondebt service special

16  assessments imposed by the applicable unit of local government

17  to be collected utilizing the ad valorem method.

18         (6)  Following the entries for each taxing authority, a

19  final entry shall show:  in the first column, the words "Total

20  Property Taxes:" and in the second, third, and fifth columns,

21  the sum of the entries for each of the individual taxing

22  authorities.  The second, third, and fifth columns shall,

23  immediately below said entries, be labeled Column 1, Column 2,

24  and Column 3, respectively.  Below these labels shall appear,

25  in boldfaced type, the statement:  SEE REVERSE SIDE FOR

26  EXPLANATION.

27         (7)  The notice shall further show a brief legal

28  description of the property and the name and mailing address

29  of the owner of record.

30         (8)  The notice shall further read:

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  1                 Market       Assessed       Exemp-       Taxable

  2                 Value         Value         tions         Value

  3  Your Property

  4  Value Last

  5  Year         $.........    $.........    $.........    $.........

  6  Your Property

  7  Value This

  8  Year         $.........    $.........    $.........    $.........

  9

10         If you feel that the market value of your property is

11  inaccurate or does not reflect fair market value, contact your

12  county property appraiser at ...(phone number)... or

13  ...(location)....

14         If the property appraiser's office is unable to resolve

15  the matter as to market value, you may file a petition for

16  adjustment with the Value Adjustment Board. Petition forms are

17  available from the county property appraiser and must be filed

18  ON OR BEFORE ...(date)....

19

20         (9)  The reverse side of the form shall read:

21

22                           EXPLANATION

23

24  *COLUMN 1--"YOUR PROPERTY TAXES LAST YEAR"

25  This column shows the taxes that applied last year to your

26  property. These amounts were based on budgets adopted last

27  year and your property's previous taxable value.

28  *COLUMN 2--"YOUR TAXES IF PROPOSED BUDGET CHANGE IS MADE"

29  This column shows what your taxes will be this year under the

30  BUDGET ACTUALLY PROPOSED by each local taxing authority. The

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  1  proposal is NOT final and may be amended at the public

  2  hearings shown on the front side of this notice.

  3  *COLUMN 3--"YOUR TAXES IF NO BUDGET CHANGE IS MADE"

  4  This column shows what your taxes will be this year IF EACH

  5  TAXING AUTHORITY DOES NOT INCREASE ITS PROPERTY TAX LEVY.

  6  These amounts are based on last year's budgets and your

  7  current assessment. The difference between columns 2 and 3 is

  8  the tax change proposed by each local taxing authority and is

  9  NOT the result of higher assessments.

10         ASSESSED VALUE means:

11         For homestead property: value as limited by the State

12  Constitution;

13         For agricultural and similarly assessed property:

14  classified use value;

15         For all other property: market value.

16

17  *Note: Amounts shown on this form do NOT reflect early payment

18  discounts you may have received or may be eligible to receive.

19  (Discounts are a maximum of 4 percent of the amounts shown on

20  this form.)

21

22         (10)  The front side of the form required pursuant to

23  this section shall approximate in all essential respects the

24  facsimile set forth in this subsection as it appears in s. 26,

25  chapter 80-274, Laws of Florida, except for amendments

26  subsequent to 1980.

27         (10)(11)  The bottom portion of the notice shall

28  further read in bold, conspicuous print:

29

30         "Your final tax bill may contain non-ad valorem

31         assessments which may not be reflected on this

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  1         notice such as assessments for roads, fire,

  2         garbage, lighting, drainage, water, sewer, or

  3         other governmental services and facilities

  4         which may be levied by your county, city, or

  5         any special district."

  6

  7         (11)(12)(a)  If requested by the local governing board

  8  levying non-ad valorem assessments and agreed to by the

  9  property appraiser, the notice specified in this section may

10  contain a notice of proposed or adopted non-ad valorem

11  assessments.  If so agreed, the notice shall be titled:

12

13                NOTICE OF PROPOSED PROPERTY TAXES

14                     AND PROPOSED OR ADOPTED

15                    NON-AD VALOREM ASSESSMENTS

16                  DO NOT PAY--THIS IS NOT A BILL

17

18  There must be a clear partition between the notice of proposed

19  property taxes and the notice of proposed or adopted non-ad

20  valorem assessments.  The partition must be a bold, horizontal

21  line approximately  1/8 -inch thick.  By rule, the department

22  shall provide a format for the form of the notice of proposed

23  or adopted non-ad valorem assessments which meets the

24  following minimum requirements:

25         1.  There must be subheading for columns listing the

26  levying local governing board, with corresponding assessment

27  rates expressed in dollars and cents per unit of assessment,

28  and the associated assessment amount.

29         2.  The purpose of each assessment must also be listed

30  in the column listing the levying local governing board if the

31  purpose is not clearly indicated by the name of the board.

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  1         3.  Each non-ad valorem assessment for each levying

  2  local governing board must be listed separately.

  3         4.  If a county has too many municipal service benefit

  4  units or assessments to be listed separately, it shall combine

  5  them by function.

  6         5.  A brief statement outlining the responsibility of

  7  the tax collector and each levying local governing board as to

  8  any non-ad valorem assessment must be provided on the form,

  9  accompanied by directions as to which office to contact for

10  particular questions or problems.

11         (b)  If the notice includes all adopted non-ad valorem

12  assessments, the provisions contained in subsection (10) (11)

13  shall not be placed on the notice.

14         Section 7.  Section 125.271, Florida Statutes, is

15  created to read:

16         125.271  Emergency medical services; county emergency

17  medical service assessments.--

18         (1)  As used in this section, the term "county" means:

19         (a)  A county that is within a rural area of critical

20  economic concern as designated by the Governor pursuant to s.

21  288.0656;

22         (b)  A small county having a population of 75,000 or

23  fewer on the effective date of this act which has levied at

24  least 10 mills of ad valorem tax for the previous fiscal year;

25  or

26         (c)  A county that adopted an ordinance authorizing the

27  imposition of an assessment for emergency medical services

28  prior to January 1, 2002.

29

30  Once a county has qualified under this subsection, it always

31  retains the qualification.

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  1         (2)  A county may fund the costs of emergency medical

  2  services through the levy of a special assessment that

  3  apportions the cost among the property based on a reasonable

  4  methodology that charges a parcel in proportion to its

  5  benefits.

  6         (3)  The authorization provided in this section shall

  7  be construed to be general law authorization pursuant to ss. 1

  8  and 9 of Art. VII of the State Constitution.

  9         (4)  This act shall be construed to ratify special

10  assessments for emergency medical services levied by a county

11  as authorized in this section before the effective date of

12  this section. However, this subsection does not validate

13  assessments in counties with litigation challenging the

14  validity of an assessment pending on January 1, 2002.

15         Section 8.  Paragraph (c) of subsection (2) of section

16  163.387, Florida Statutes, is amended to read:

17         163.387  Redevelopment trust fund.--

18         (2)

19         (c)  The following public bodies or taxing authorities

20  created prior to July 1, 1993, are exempt from paragraph (a):

21         1.  A special district that levies ad valorem taxes on

22  taxable real property in more than one county.

23         2.  A special district the sole available source of

24  revenue of which is ad valorem taxes at the time an ordinance

25  is adopted under this section.

26         3.  A library district, except a library district in a

27  jurisdiction where the community redevelopment agency had

28  validated bonds as of April 30, 1984.

29         4.  A neighborhood improvement district created under

30  the Safe Neighborhoods Act.

31         5.  A metropolitan transportation authority.

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  1         6.  A water management district created under s.

  2  373.069.

  3         7.  An independent special fire control district as

  4  defined in s. 191.003(5).

  5         Section 9.  Section 193.092, Florida Statutes, is

  6  amended to read:

  7         193.092  Assessment of property for back taxes.--

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

  9  have been lawfully assessed or collected upon any property in

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

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

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

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

14  collected, then the officers authorized shall make the

15  assessment of taxes upon such property in addition to the

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

17  assess the same separately for such property as may have

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

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

20  taxation, noting distinctly the year when such property

21  escaped taxation and such assessment shall have the same force

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

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

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

25  together with taxes for the current year in which the

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

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

28  escaping taxation shall be subject to such taxation to be

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

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

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

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  1  prior to the time of such purchase, but it is the duty of the

  2  property appraiser making such assessment to serve upon the

  3  previous owner a notice of intent to record in the public

  4  records of the county a notice of tax lien against any

  5  property owned by that person in the county. Any property

  6  owned by such previous owner which is situated in this state

  7  is subject to the lien of such assessment in the same manner

  8  as a recorded judgment. Before any such lien may be recorded,

  9  the owner so notified must be given 30 days to pay the taxes,

10  penalties, and interest. Once recorded such lien may be

11  recorded in any county in this state and shall constitute a

12  lien on any property of such person in such county in the same

13  manner as a recorded judgment, and may be enforced by the tax

14  collector using all remedies pertaining to same; provided,

15  that the county property appraiser shall not assess any lot or

16  parcel of land certified or sold to the state for any previous

17  years unless such lot or parcel of lands so certified or sold

18  shall be included in the list furnished by the Comptroller to

19  the county property appraiser as provided by law; provided, if

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

21  of litigation delay ensues and the assessment be held invalid

22  the taxing authorities, may reassess such property within the

23  time herein provided after the termination of such litigation;

24  provided further, that personal property acquired in good

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

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

27  individual or corporation liable for any such assessment shall

28  continue personally liable for same. As used in this

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

30  for value, in good faith, before certification of such

31  assessment of back taxes to the tax collector for collection.

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

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

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

  4  of the state.

  5         Section 10.  Paragraph (b) of subsection (1) of section

  6  196.161, Florida Statutes, is amended to read:

  7         196.161  Homestead exemptions; lien imposed on property

  8  of person claiming exemption although not a permanent

  9  resident.--

10         (1)

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

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

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

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

15  be the duty of the property appraiser making such

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

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

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

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

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

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

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

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

24  improperly granted as a result of a clerical mistake or an

25  omission by the property appraiser, the person improperly

26  receiving the exemption shall not be assessed penalty and

27  interest. Before any such lien may be filed, the owner so

28  notified must be given 30 days to pay the taxes, penalties,

29  and interest.

30         Section 11.  Paragraph (a) of subsection (13) of

31  section 200.065, Florida Statutes, is amended to read:

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  1         200.065  Method of fixing millage.--

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

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

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

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

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

  7  correction.  The notice shall be prepared by the property

  8  appraiser at the expense of the taxing authority which caused

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

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

11  the executive director of the Department of Revenue or the

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

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

14  the property appraiser, with the permission of the taxing

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

16  advertising the corrected information in a newspaper of

17  general circulation in the county as provided in subsection

18  (3).

19         Section 12.  Subsection (5) of section 420.5093,

20  Florida Statutes, is amended, present subsection (6) of that

21  section is renumbered as subsection (7), and a new subsection

22  (6) is added to that section, to read:

23         420.5093  State Housing Tax Credit Program.--

24         (5)  For purposes of implementing this program and

25  assessing the property for ad valorem taxation under s.

26  193.011, neither the tax credits nor financing generated by

27  tax credits shall be considered as income to the property, and

28  the actual rental income from rent-restricted units in a state

29  housing tax credit development shall be recognized by the

30  property appraiser. In considering or using the market or cost

31  approaches under s. 193.011, neither the costs paid for by tax

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  1  credits nor the costs paid for by additional financing

  2  proceeds received because the property is in the program shall

  3  be included in the valuation.

  4         (6)  For the further purpose of implementing this

  5  program in Florida and in assessing the property for ad

  6  valorem taxation under s. 193.011, any extended low income

  7  housing agreement and all amendments and supplements thereto

  8  which are recorded and filed in the official public records of

  9  the county where the property is located shall be deemed a

10  land use regulation during the term of any such agreement,

11  amendment, or supplement.

12         Section 13.  Subsection (5) of section 420.5099,

13  Florida Statutes, is amended, present subsection (6) of that

14  section is renumbered as subsection (7), and a new subsection

15  (6) is added to that section to read:

16         420.5099  Allocation of the low-income housing tax

17  credit.--

18         (5)  For purposes of implementing this program in

19  Florida and in assessing the property for ad valorem taxation

20  under s. 193.011, neither the tax credits, nor financing

21  generated by tax credits, shall be considered as income to the

22  property, and the actual rental income from rent restricted

23  units in a low-income tax credit development shall be

24  recognized by the property appraiser. In considering or using

25  the market or cost approaches under s. 193.011, neither the

26  costs paid for by tax credits nor the costs paid for by

27  additional financing proceeds received because the property is

28  in the program shall be included in the valuation.

29         (6)  For the further purpose of implementing this

30  program in Florida and in assessing the property for ad

31  valorem taxation under s. 193.011, any extended low income

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  1  housing agreement and all amendments and supplements thereto

  2  which are recorded and filed in the official public records of

  3  the county where the property is located shall be deemed a

  4  land use regulation during the term of any such agreement,

  5  amendment, or supplement.

  6         Section 14.  Section 197.552, Florida Statutes, is

  7  amended to read:

  8         197.552  Tax deeds.--All tax deeds shall be issued in

  9  the name of a county and shall be signed by the clerk of the

10  county.  The deed shall be witnessed by two witnesses, the

11  official seal shall be attached thereto, and the deed shall be

12  acknowledged or proven as other deeds.  Except as specifically

13  provided in this chapter, no right, interest, restriction, or

14  other covenant shall survive the issuance of a tax deed,

15  except that a lien of record held by a municipal or county

16  governmental unit, special district, or community development

17  district, when such lien is not satisfied as of the

18  disbursement of proceeds of sale under the provisions of s.

19  197.582, shall survive the issuance of a tax deed.  The

20  charges by the clerk shall be as provided in s. 28.24.  Tax

21  deeds issued to a purchaser of land for delinquent taxes shall

22  be in the form prescribed by the department.  All deeds issued

23  pursuant to this section shall be prima facie evidence of the

24  regularity of all proceedings from the valuation of the lands

25  to the issuance of the deed, inclusive.

26         Section 15.  Paragraph (e) is added to subsection (3)

27  of section 193.461, Florida Statutes, to read:

28         193.461  Agricultural lands; classification and

29  assessment; mandated eradication or quarantine program.--

30         (3)

31

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  1         (e)  Notwithstanding the provisions of paragraph (a),

  2  land that has received an agricultural classification pursuant

  3  to this section is entitled to receive such classification in

  4  any subsequent year until such agricultural use of the land is

  5  abandoned or discontinued, the land is diverted to a

  6  nonagricultural use, or the land is reclassified as

  7  nonagricultural pursuant to subsection (4). The property

  8  appraiser must, no later than January 15, of each year,

  9  provide notice to the owner of land that was classified

10  agricultural in the previous year informing the owner of the

11  requirements of this paragraph and requiring the owner to

12  certify that neither the ownership nor the use of the land has

13  changed. The department shall, by administrative rule,

14  prescribe the form of the notice to be used by the property

15  appraiser under this paragraph.

16         Section 16.  This act shall take effect January 1,

17  2003.

18

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                            CS/SB 1360

21

22  This committee substitute increases the length of time during
    which objections may be filed to the Department of Revenue's
23  guidelines for assessing tangible personal property from 30
    days to 45 days.
24
    It provides that subsection (4) of newly-created s. 125.271,
25  F.S., does not validate assessment for emergency medical
    services in counties with litigation challenging the validity
26  of an assessment pending on January 1, 2002.

27  It provides that liens of special districts and community
    development districts survive tax deeds, as do the liens of
28  municipalities and counties.

29  It provides that property that has been classified as
    agricultural is entitled to that classification in subsequent
30  years until its agricultural use is abandoned, it is diverted
    from agricultural use, or it is reclassified as
31  nonagricultural pursuant to s. 193.461(4), F.S.

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