Senate Bill sb1360e1

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  1                      A bill to be entitled

  2         An act relating to property tax administration;

  3         amending s. 192.0105, F.S.; providing an

  4         additional right to know the amount of special

  5         district taxes; amending s. 194.011, F.S.;

  6         authorizing the Department of Revenue to

  7         prescribe the form of a petition to the value

  8         adjustment board; providing a timeline for the

  9         exchange of information and uniform procedures

10         for value adjustment board hearings; amending

11         s. 194.032, F.S.; authorizing a petitioner to

12         reschedule a hearing under certain

13         circumstances; amending s. 194.035, F.S.;

14         limiting counties authorized to appoint special

15         masters; prohibiting certain persons from

16         serving as a special master; requiring the

17         Department of Revenue to provide certain

18         counties with lists of qualified special

19         masters; providing for reimbursement of

20         payments to special masters under certain

21         circumstances; providing procedures and

22         requirements for reimbursements; specifying

23         qualifications for special masters; amending s.

24         195.062, F.S.; authorizing the Department of

25         Revenue to update the guidelines for tangible

26         personal property assessment upon the approval

27         of the executive director; amending s. 197.182,

28         F.S.; establishing procedures and timelines for

29         approval or denial of property tax refund

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

31         that the Department of Revenue may adjust the


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  1         placement of required information on

  2         Truth-In-Millage forms; amending s. 163.387,

  3         F.S.; revising the list of entities exempt from

  4         making payments to a redevelopment trust fund;

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

  6         exception to the requirement for assessing

  7         taxes to a current owner of property that has

  8         previously escaped taxation; amending s.

  9         196.161, F.S.; providing a waiver of penalty

10         and interest in specified instances wherein a

11         taxpayer erroneously receives a homestead tax

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

13         the procedure by which a property appraiser may

14         correct an error in notices of proposed taxes;

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

16         property in the State Housing Tax Credit

17         Program shall be assessed; amending s.

18         420.5099, F.S.; prescribing how rent-restricted

19         units in a low-income tax credit development

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

21         providing for survival of special district or

22         community development district liens; amending

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

24         has received an agricultural classification is

25         entitled to such classification until

26         agricultural use is abandoned; providing an

27         exception under certain circumstances;

28         providing an appropriation; providing an

29         effective date.

30  

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


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  1         Section 1.  Section 192.0105, Florida Statutes, is

  2  amended to read:

  3         192.0105  Taxpayer rights.--There is created a Florida

  4  Taxpayer's Bill of Rights for property taxes and assessments

  5  to guarantee that the rights, privacy, and property of the

  6  taxpayers of this state are adequately safeguarded and

  7  protected during tax levy, assessment, collection, and

  8  enforcement processes administered under the revenue laws of

  9  this state. The Taxpayer's Bill of Rights compiles, in one

10  document, brief but comprehensive statements that summarize

11  the rights and obligations of the property appraisers, tax

12  collectors, clerks of the court, local governing boards, the

13  Department of Revenue, and taxpayers. Additional rights

14  afforded to payors of taxes and assessments imposed under the

15  revenue laws of this state are provided in s. 213.015. The

16  rights afforded taxpayers to assure that their privacy and

17  property are safeguarded and protected during tax levy,

18  assessment, and collection are available only insofar as they

19  are implemented in other parts of the Florida Statutes or

20  rules of the Department of Revenue. The rights so guaranteed

21  to state taxpayers in the Florida Statutes and the

22  departmental rules include:

23         (1)  THE RIGHT TO KNOW.--

24         (a)  The right to be mailed notice of proposed property

25  taxes and proposed or adopted non-ad valorem assessments (see

26  ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and

27  200.069). The notice must also inform the taxpayer that the

28  final tax bill may contain additional non-ad valorem

29  assessments (see s. 200.069(11)).

30         (b)  The right to notification of a public hearing on

31  each taxing authority's tentative budget and proposed millage


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  1  rate and advertisement of a public hearing to finalize the

  2  budget and adopt a millage rate (see s. 200.065(2)(c) and

  3  (d)).

  4         (c)  The right to advertised notice of the amount by

  5  which the tentatively adopted millage rate results in taxes

  6  that exceed the previous year's taxes (see s. 200.065(2)(d)

  7  and (3)). The right to notification by first-class mail of a

  8  comparison of the amount of the taxes to be levied from the

  9  proposed millage rate under the tentative budget change,

10  compared to the previous year's taxes, and also compared to

11  the taxes that would be levied if no budget change is made

12  (see ss. 200.065(2)(b) and 200.069(2), (3), (4), and (9)).

13         (d)  The right that the adopted millage rate will not

14  exceed the tentatively adopted millage rate. If the tentative

15  rate exceeds the proposed rate, each taxpayer shall be mailed

16  notice comparing his or her taxes under the tentatively

17  adopted millage rate to the taxes under the previously

18  proposed rate, before a hearing to finalize the budget and

19  adopt millage (see s. 200.065(2)(d)).

20         (e)  The right to be sent notice by first-class mail of

21  a non-ad valorem assessment hearing at least 20 days before

22  the hearing with pertinent information, including the total

23  amount to be levied against each parcel. All affected property

24  owners have the right to appear at the hearing and to file

25  written objections with the local governing board (see s.

26  197.3632(4)(b) and (c) and (10)(b)2.b.).

27         (f)  The right of an exemption recipient to be sent a

28  renewal application for that exemption, the right to a receipt

29  for homestead exemption claim when filed, and the right to

30  notice of denial of the exemption (see ss. 196.011(6),

31  196.131(1), 196.151, and 196.193(1)(c) and (5)).


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  1         (g)  The right, on property determined not to have been

  2  entitled to homestead exemption in a prior year, to notice of

  3  intent from the property appraiser to record notice of tax

  4  lien and the right to pay tax, penalty, and interest before a

  5  tax lien is recorded for any prior year (see s.

  6  196.161(1)(b)).

  7         (h)  The right to be informed during the tax collection

  8  process, including: notice of tax due; notice of back taxes;

  9  notice of late taxes and assessments and consequences of

10  nonpayment; opportunity to pay estimated taxes and non-ad

11  valorem assessments when the tax roll will not be certified in

12  time; notice when interest begins to accrue on delinquent

13  provisional taxes; notice of the right to prepay estimated

14  taxes by installment; a statement of the taxpayer's estimated

15  tax liability for use in making installment payments; and

16  notice of right to defer taxes and non-ad valorem assessments

17  on homestead property (see ss. 197.322(3), 197.3635, 197.343,

18  197.363(2)(c), 197.222(3) and (5), 197.2301(3),

19  197.3632(8)(a), 193.1145(10)(a), and 197.254(1)).

20         (i)  The right to an advertisement in a newspaper

21  listing names of taxpayers who are delinquent in paying

22  tangible personal property taxes, with amounts due, and giving

23  notice that interest is accruing at 18 percent and that,

24  unless taxes are paid, warrants will be issued, prior to

25  petition made with the circuit court for an order to seize and

26  sell property (see s. 197.402(2)).

27         (j)  The right to be mailed notice when a petition has

28  been filed with the court for an order to seize and sell

29  property and the right to be mailed notice, and to be served

30  notice by the sheriff, before the date of sale, that

31  application for tax deed has been made and property will be


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  1  sold unless back taxes are paid (see ss. 197.413(5),

  2  197.502(4)(a), and 197.522(1)(a) and (2)).

  3         (k)  The right to have certain taxes and special

  4  assessments levied by special districts individually stated on

  5  the "Notice of Proposed Property Taxes and Proposed or Adopted

  6  Non-Ad Valorem Assessments" (see s. 200.069).

  7         (2)  THE RIGHT TO DUE PROCESS.--

  8         (a)  The right to an informal conference with the

  9  property appraiser to present facts the taxpayer considers to

10  support changing the assessment and to have the property

11  appraiser present facts supportive of the assessment upon

12  proper request of any taxpayer who objects to the assessment

13  placed on his or her property (see s. 194.011(2)).

14         (b)  The right to petition the value adjustment board

15  over objections to assessments, denial of exemption, denial of

16  agricultural classification, denial of historic

17  classification, denial of high-water recharge classification,

18  disapproval of tax deferral, and any penalties on deferred

19  taxes imposed for incorrect information willfully filed.

20  Payment of estimated taxes does not preclude the right of the

21  taxpayer to challenge his or her assessment (see ss.

22  194.011(3), 196.011(6) and (9)(a), 196.151, 196.193(1)(c) and

23  (5), 193.461(2), 193.503(7), 193.625(2), 197.253(2),

24  197.301(2), and 197.2301(11)).

25         (c)  The right to file a petition for exemption or

26  agricultural classification with the value adjustment board

27  when an application deadline is missed, upon demonstration of

28  particular extenuating circumstances for filing late (see ss.

29  193.461(3)(a) and 196.011(1), (7), (8), and (9)(c)).

30  

31  


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  1         (d)  The right to prior notice of the value adjustment

  2  board's hearing date and the right to the hearing within 4

  3  hours of scheduled time (see s. 194.032(2)).

  4         (e)  The right to notice of date of certification of

  5  tax rolls and receipt of property record card if requested

  6  (see ss. 193.122(2) and (3) and 194.032(2)).

  7         (f)  The right, in value adjustment board proceedings,

  8  to have all evidence presented and considered at a public

  9  hearing at the scheduled time, to be represented by an

10  attorney or agent, to have witnesses sworn and cross-examined,

11  and to examine property appraisers or evaluators employed by

12  the board who present testimony (see ss. 194.034(1)(a) and (c)

13  and (4), and 194.035(2)).

14         (g)  The right to be mailed a timely written decision

15  by the value adjustment board containing findings of fact and

16  conclusions of law and reasons for upholding or overturning

17  the determination of the property appraiser, and the right to

18  advertised notice of all board actions, including appropriate

19  narrative and column descriptions, in brief and nontechnical

20  language (see ss. 194.034(2) and 194.037(3)).

21         (h)  The right at a public hearing on non-ad valorem

22  assessments or municipal special assessments to provide

23  written objections and to provide testimony to the local

24  governing board (see ss. 197.3632(4)(c) and 170.08).

25         (i)  The right to bring action in circuit court to

26  contest a tax assessment or appeal value adjustment board

27  decisions to disapprove exemption or deny tax deferral (see

28  ss. 194.036(1)(c) and (2), 194.171, 196.151, and 197.253(2)).

29         (3)  THE RIGHT TO REDRESS.--

30         (a)  The right to discounts for early payment on all

31  taxes and non-ad valorem assessments collected by the tax


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  1  collector, the right to pay installment payments with

  2  discounts, and the right to pay delinquent personal property

  3  taxes under an installment payment program when implemented by

  4  the county tax collector (see ss. 197.162, 197.3632(8) and

  5  (10)(b)3., 197.222(1), and 197.4155).

  6         (b)  The right, upon filing a challenge in circuit

  7  court and paying taxes admitted in good faith to be owing, to

  8  be issued a receipt and have suspended all procedures for the

  9  collection of taxes until the final disposition of the action

10  (see s. 194.171(3)).

11         (c)  The right to have penalties reduced or waived upon

12  a showing of good cause when a return is not intentionally

13  filed late, and the right to pay interest at a reduced rate if

14  the court finds that the amount of tax owed by the taxpayer is

15  greater than the amount the taxpayer has in good faith

16  admitted and paid (see ss. 193.072(4) and 194.192(2)).

17         (d)  The right to a refund when overpayment of taxes

18  has been made under specified circumstances (see ss.

19  193.1145(8)(e) and 197.182(1)).

20         (e)  The right to an extension to file a tangible

21  personal property tax return upon making proper and timely

22  request (see s. 193.063).

23         (f)  The right to redeem real property and redeem tax

24  certificates at any time before a tax deed is issued, and the

25  right to have tax certificates canceled if sold where taxes

26  had been paid or if other error makes it void or correctable.

27  Property owners have the right to be free from contact by a

28  certificateholder for 2 years (see ss. 197.432(14) and (15),

29  197.442(1), 197.443, and 197.472(1) and (7)).

30         (g)  The right of the taxpayer, property appraiser, tax

31  collector, or the department, as the prevailing party in a


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  1  judicial or administrative action brought or maintained

  2  without the support of justiciable issues of fact or law, to

  3  recover all costs of the administrative or judicial action,

  4  including reasonable attorney's fees, and of the department

  5  and the taxpayer to settle such claims through negotiations

  6  (see ss. 57.105 and 57.111).

  7         (4)  THE RIGHT TO CONFIDENTIALITY.--

  8         (a)  The right to have information kept confidential,

  9  including federal tax information, ad valorem tax returns,

10  social security numbers, all financial records produced by the

11  taxpayer, Form DR-219 returns for documentary stamp tax

12  information, and sworn statements of gross income, copies of

13  federal income tax returns for the prior year, wage and

14  earnings statements (W-2 forms), and other documents (see ss.

15  192.105, 193.074, 193.114(6), 195.027(3) and (6), and

16  196.101(4)(c)).

17         (b)  The right to limiting access to a taxpayer's

18  records by a property appraiser, the Department of Revenue,

19  and the Auditor General only to those instances in which it is

20  determined that such records are necessary to determine either

21  the classification or the value of taxable nonhomestead

22  property (see s. 195.027(3)).

23         Section 2.  Subsection (3) of section 194.011, Florida

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

25  said section, to read:

26         194.011  Assessment notice; objections to

27  assessments.--

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

29  in substantially the form prescribed by the department.

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

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


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

  2  adjustment board shall describe the property by parcel number

  3  and shall be filed as follows:

  4         (a)  The property appraiser shall have available and

  5  shall distribute forms prescribed by the Department of Revenue

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

  7  sworn to by the petitioner.

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

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

10  acknowledge receipt thereof and promptly furnish a copy

11  thereof to the property appraiser.

12         (c)  The petition shall state the approximate time

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

14  petition before the board.

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

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

17  following the mailing of notice by the property appraiser as

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

19  involving the denial of an exemption, an agricultural or

20  high-water recharge classification application, an application

21  for classification as historic property used for commercial or

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

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

24  30th day following the mailing of the notice by the property

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

26  196.193 or notice by the tax collector under s. 197.253.

27         (e)  A condominium association, cooperative

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

29  723.075, with approval of its board of administration or

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

31  joint petition on behalf of any association members who own


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  1  parcels of property which the property appraiser determines

  2  are substantially similar with respect to location, proximity

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

  4  The condominium association, cooperative association, or

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

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

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

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

  9  included in the petition.

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

11  file with the value adjustment board a single joint petition

12  if the property appraiser determines such parcels are

13  substantially similar in nature.

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

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

16  of serving process to obtain personal jurisdiction over the

17  taxpayer for the entire value adjustment board proceedings,

18  including any appeals of a board decision by the property

19  appraiser pursuant to s. 194.036.

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

21  petitioner shall provide to the property appraiser a list of

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

23  of all documentation to be considered by the value adjustment

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

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

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

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

28  appraiser shall provide to the petitioner a list of evidence

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

30  documentation to be considered by the value adjustment board

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


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

  2  evidence list must contain the property record card if

  3  provided by the clerk.

  4         (5)  The department shall by rule prescribe uniform

  5  procedures for hearings before the value adjustment board

  6  which include requiring:

  7         (a)  That if the petition is not fully complete, the

  8  property appraiser shall notify the petitioner of the

  9  deficiency and specify what information will be required for

10  the property appraiser to consider the petition complete;

11         (b)  Procedures for the exchange of information and

12  evidence by the property appraiser and the petitioner

13  consistent with s. 194.032; and

14         (c)  That the value adjustment board hold an

15  organizational meeting for the purpose of making these

16  procedures available to petitioners.

17         Section 3.  Subsection (2) of section 194.032, Florida

18  Statutes, is amended to read:

19         194.032  Hearing purposes; timetable.--

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

21  shall prepare a schedule of appearances before the board based

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

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

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

25  of such scheduled appearance. Upon receipt of this

26  notification, the petitioner shall have the right to

27  reschedule the hearing a single time by submitting to the

28  clerk of the governing body of the county a written request to

29  reschedule, no less than 5 calendar days before the day of the

30  originally scheduled hearing. A copy of the property record

31  card containing relevant information used in computing the


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  1  taxpayer's current assessment shall be included with such

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

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

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

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

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

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

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

  9  immediately, the petitioner's administrative remedies will be

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

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

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

13  scheduled time of meetings of the board shall constitute

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

15  duties.

16         Section 4.  Subsection (1) of section 194.035, Florida

17  Statutes, is amended to read:

18         194.035  Special masters; property evaluators.--

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

20  75,000, the board shall is authorized to appoint special

21  masters for the purpose of taking testimony and making

22  recommendations to the board, which recommendations the board

23  may act upon without further hearing.  Such special masters

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

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

26  individuals who are willing to serve as special masters.

27  Employees and elected or appointed officials of a taxing

28  jurisdiction or of the state may not serve as special masters.

29  The clerk of the board shall annually notify such individuals

30  or their professional associations to make known to them that

31  opportunities to serve as special masters exist. The


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  1  Department of Revenue shall provide a list of qualified

  2  special masters to any county with a population of 75,000 or

  3  less.  Subject to appropriation, the department shall

  4  reimburse counties with a population of 75,000 or less for

  5  payments made to special masters appointed for the purpose of

  6  taking testimony and making recommendations to the value

  7  adjustment board pursuant to s. 194.035.  The department shall

  8  establish a reasonable range for payments per case to special

  9  masters based on such payments in other counties.  Requests

10  for reimbursement of payments outside this range shall be

11  justified by the county.  If the total of all requests for

12  reimbursement in any year exceeds the amount available

13  pursuant to this section, payments to all counties shall be

14  prorated accordingly. A special master appointed to hear

15  issues of exemptions and classifications shall be a member of

16  The Florida Bar with no less than 5 years' experience in the

17  area of ad valorem taxation.  A special master appointed to

18  hear issues regarding the valuation of real estate shall be a

19  state certified real estate appraiser with not less than 5

20  years' experience in real property valuation.  A special

21  master appointed to hear issues regarding the valuation of

22  tangible personal property shall be a designated member of a

23  nationally recognized appraiser's organization with not less

24  than 5 years' experience in tangible personal property

25  valuation. A special master shall be either a member of The

26  Florida Bar and knowledgeable in the area of ad valorem

27  taxation or a designated member of a professionally recognized

28  real estate appraisers' organization and have not less than 5

29  years' experience in property valuation.  A special master

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

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


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

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

  3  appoint such masters from the list so compiled prior to

  4  convening of the board.  The expense of hearings before

  5  special masters and any compensation of special masters shall

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

  7  two-fifths by the school board.

  8         Section 5.  Subsection (1) of section 195.062, Florida

  9  Statutes, is amended to read:

10         195.062  Manual of instructions.--

11         (1)  The department shall prepare and maintain a

12  current manual of instructions for property appraisers and

13  other officials connected with the administration of property

14  taxes. This manual shall contain all:

15         (a)  Rules and regulations.

16         (b)  Standard measures of value.

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

18  forms and maps.

19  

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

21  shall be adopted in general conformity with the procedures set

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

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

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

25  Guidelines may be updated annually to incorporate new market

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

27  incorporated into the guidelines on the approval of the

28  executive director if after notice in substantial conformity

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

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

31  not apply.


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  1         Section 6.  Paragraphs (e) through (l) are added to

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

  3         197.182  Department of Revenue to pass upon and order

  4  refunds.--

  5         (1)

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

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

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

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

10  appraiser, or department states good cause for remitting the

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

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

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

14         (f)  If the taxpayer contacts the property appraiser

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

16  tax collector.

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

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

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

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

21  application to the property appraiser.

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

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

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

25  property appraiser shall immediately advise the tax collector

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

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

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

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

30  department is required, the tax collector shall forward the

31  claim for refund to the department upon receipt of the


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    CS for CS for SB 1360                          First Engrossed



  1  correction from the property appraiser or 30 days after the

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

  3  not apply to corrections resulting in refunds of less than

  4  $400, which the tax collector shall make directly, without

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

  6  may make without approval of the various taxing authorities.

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

  8  within 30 days after receiving from the tax collector the

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

10  approval or denial beyond that date.

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

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

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

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

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

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

17  is later.

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

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

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

21  working day.

22         Section 7.  Section 200.069, Florida Statutes, is

23  amended to read:

24         200.069  Notice of proposed property taxes and non-ad

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

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

27  local governing boards levying non-ad valorem assessments

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

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

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

31  notice of proposed property taxes, which notice shall contain


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    CS for CS for SB 1360                          First Engrossed



  1  the elements and use the format provided in be in

  2  substantially the following form. Notwithstanding the

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

  4  other than that provided herein by the department for this

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

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

  7  the elements listed in this section as it considers necessary

  8  based on changes in conditions necessitated by various taxing

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

10  placement of the listed columns may be varied at the

11  discretion and expense of the property appraiser, and the

12  property appraiser may use printing technology and devices to

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

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

15  other than that provided by the department for purposes of

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

17  expenses and he or she obtains prior written permission from

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

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

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

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

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

23  until the officer receives written disapproval from the

24  executive director.

25         (1)  The notice shall read:

26  

27                NOTICE OF PROPOSED PROPERTY TAXES

28                  DO NOT PAY--THIS IS NOT A BILL

29  

30  

31  


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    CS for CS for SB 1360                          First Engrossed



  1         The taxing authorities which levy property taxes

  2  against your property will soon hold PUBLIC HEARINGS to adopt

  3  budgets and tax rates for the next year.

  4         The purpose of these PUBLIC HEARINGS is to receive

  5  opinions from the general public and to answer questions on

  6  the proposed tax change and budget PRIOR TO TAKING FINAL

  7  ACTION.

  8         Each taxing authority may AMEND OR ALTER its proposals

  9  at the hearing.

10  

11         (2)  The notice shall further contain information

12  applicable to the specific parcel in question.  The

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

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

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

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

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

18  NO Budget Change is Made."

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

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

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

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

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

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

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

26  applicable to the parcel, if any.

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

28  shall appear on the notice the following:

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

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

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


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    CS for CS for SB 1360                          First Engrossed



  1  236.02(6) shall be "By State Law." The entry for other

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

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

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

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

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

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

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

  9  column shall be blank.

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

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

12  amount shall be based on the proposed millage rates provided

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

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

15  previously authorized by referendum, and the taxable value of

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

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

18  brief description of the location of the public hearing

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

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

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

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

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

24  voted levies for debt service, the amount previously

25  authorized by referendum.

26         (f)  For special assessments collected utilizing the ad

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

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

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

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

31  taxes shown in the third column.


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    CS for CS for SB 1360                          First Engrossed



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

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

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

  4  government for operating purposes, including those of

  5  dependent special districts (except for municipal service

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

  7  municipalities), and all nonvoted or nondebt service special

  8  assessments imposed by the applicable unit of local government

  9  to be collected utilizing the ad valorem method.

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

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

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

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

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

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

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

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

18  EXPLANATION.

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

20  description of the property and the name and mailing address

21  of the owner of record.

22         (8)  The notice shall further read:

23  

24                 Market       Assessed       Exemp-       Taxable

25                 Value         Value         tions         Value

26  Your Property

27  Value Last

28  Year         $.........    $.........    $.........    $.........

29  Your Property

30  Value This

31  Year         $.........    $.........    $.........    $.........


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    CS for CS for SB 1360                          First Engrossed



  1  

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

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

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

  5  ...(location)....

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

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

  8  adjustment with the Value Adjustment Board. Petition forms are

  9  available from the county property appraiser and must be filed

10  ON OR BEFORE ...(date)....

11  

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

13  

14                           EXPLANATION

15  

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

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

18  property. These amounts were based on budgets adopted last

19  year and your property's previous taxable value.

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

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

22  BUDGET ACTUALLY PROPOSED by each local taxing authority. The

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

24  hearings shown on the front side of this notice.

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

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

27  TAXING AUTHORITY DOES NOT INCREASE ITS PROPERTY TAX LEVY.

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

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

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

31  NOT the result of higher assessments.


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    CS for CS for SB 1360                          First Engrossed



  1         ASSESSED VALUE means:

  2         For homestead property: value as limited by the State

  3  Constitution;

  4         For agricultural and similarly assessed property:

  5  classified use value;

  6         For all other property: market value.

  7  

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

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

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

11  this form.)

12  

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

14  this section shall approximate in all essential respects the

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

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

17  subsequent to 1980.

18         (10)(11)  The bottom portion of the notice shall

19  further read in bold, conspicuous print:

20  

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

22         assessments which may not be reflected on this

23         notice such as assessments for roads, fire,

24         garbage, lighting, drainage, water, sewer, or

25         other governmental services and facilities

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

27         any special district."

28  

29         (11)(12)(a)  If requested by the local governing board

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

31  property appraiser, the notice specified in this section may


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    CS for CS for SB 1360                          First Engrossed



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

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

  3  

  4                NOTICE OF PROPOSED PROPERTY TAXES

  5                     AND PROPOSED OR ADOPTED

  6                    NON-AD VALOREM ASSESSMENTS

  7                  DO NOT PAY--THIS IS NOT A BILL

  8  

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

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

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

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

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

14  or adopted non-ad valorem assessments which meets the

15  following minimum requirements:

16         1.  There must be subheading for columns listing the

17  levying local governing board, with corresponding assessment

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

19  and the associated assessment amount.

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

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

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

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

24  local governing board must be listed separately.

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

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

27  them by function.

28         5.  A brief statement outlining the responsibility of

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

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

31  


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    CS for CS for SB 1360                          First Engrossed



  1  accompanied by directions as to which office to contact for

  2  particular questions or problems.

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

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

  5  shall not be placed on the notice.

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

  7  163.387, Florida Statutes, is amended to read:

  8         163.387  Redevelopment trust fund.--

  9         (2)

10         (c)  The following public bodies or taxing authorities

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

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

13  taxable real property in more than one county.

14         2.  A special district for which the sole available

15  source of revenue of which the district has the authority to

16  levy is ad valorem taxes at the time an ordinance is adopted

17  under this section. However, revenues or aid that may be

18  dispensed or appropriated to a district as defined in s.

19  388.011 at the discretion of an entity other than such

20  district shall not be deemed available.

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

22  jurisdiction where the community redevelopment agency had

23  validated bonds as of April 30, 1984.

24         4.  A neighborhood improvement district created under

25  the Safe Neighborhoods Act.

26         5.  A metropolitan transportation authority.

27         6.  A water management district created under s.

28  373.069.

29         Section 9.  Section 193.092, Florida Statutes, is

30  amended to read:

31         193.092  Assessment of property for back taxes.--


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    CS for CS for SB 1360                          First Engrossed



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

  2  have been lawfully assessed or collected upon any property in

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

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

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

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

  7  collected, then the officers authorized shall make the

  8  assessment of taxes upon such property in addition to the

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

10  assess the same separately for such property as may have

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

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

13  taxation, noting distinctly the year when such property

14  escaped taxation and such assessment shall have the same force

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

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

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

18  together with taxes for the current year in which the

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

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

21  escaping taxation shall be subject to such taxation to be

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

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

24  who was without knowledge of the escaped taxation shall not be

25  subject to assessment for taxes for any time prior to the time

26  of such purchase, but it is the duty of the property appraiser

27  making such assessment to serve upon the previous owner a

28  notice of intent to record in the public records of the county

29  a notice of tax lien against any property owned by that person

30  in the county. Any property owned by such previous owner which

31  is situated in this state is subject to the lien of such


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    CS for CS for SB 1360                          First Engrossed



  1  assessment in the same manner as a recorded judgment. Before

  2  any such lien may be recorded, the owner so notified must be

  3  given 30 days to pay the taxes, penalties, and interest. Once

  4  recorded such lien may be recorded in any county in this state

  5  and shall constitute a lien on any property of such person in

  6  such county in the same manner as a recorded judgment, and may

  7  be enforced by the tax collector using all remedies pertaining

  8  to same; provided, that the county property appraiser shall

  9  not assess any lot or parcel of land certified or sold to the

10  state for any previous years unless such lot or parcel of

11  lands so certified or sold shall be included in the list

12  furnished by the Comptroller to the county property appraiser

13  as provided by law; provided, if real or personal property be

14  assessed for taxes, and because of litigation delay ensues and

15  the assessment be held invalid the taxing authorities, may

16  reassess such property within the time herein provided after

17  the termination of such litigation; provided further, that

18  personal property acquired in good faith by purchase shall not

19  be subject to assessment for taxes for any time prior to the

20  time of such purchase, but the individual or corporation

21  liable for any such assessment shall continue personally

22  liable for same. As used in this subsection, the term "bona

23  fide purchaser" means a purchaser for value, in good faith,

24  before certification of such assessment of back taxes to the

25  tax collector for collection.

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

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

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

29  of the state.

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

31  196.161, Florida Statutes, is amended to read:


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    CS for CS for SB 1360                          First Engrossed



  1         196.161  Homestead exemptions; lien imposed on property

  2  of person claiming exemption although not a permanent

  3  resident.--

  4         (1)

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

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

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

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

  9  be the duty of the property appraiser making such

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

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

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

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

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

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

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

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

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

19  omission by the property appraiser, the person improperly

20  receiving the exemption shall not be assessed penalty and

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

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

23  and interest.

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

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

26         200.065  Method of fixing millage.--

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

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

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

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

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


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    CS for CS for SB 1360                          First Engrossed



  1  correction.  The notice shall be prepared by the property

  2  appraiser at the expense of the taxing authority which caused

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

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

  5  the executive director of the Department of Revenue or the

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

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

  8  the property appraiser, with the permission of the taxing

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

10  advertising the corrected information in a newspaper of

11  general circulation in the county as provided in subsection

12  (3).

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

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

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

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

17         420.5093  State Housing Tax Credit Program.--

18         (5)  For purposes of implementing this program and

19  assessing the property for ad valorem taxation under s.

20  193.011, neither the tax credits nor financing generated by

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

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

23  housing tax credit development shall be recognized by the

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

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

26  credits nor the costs paid for by additional financing

27  proceeds received because the property is in the program shall

28  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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    CS for CS for SB 1360                          First Engrossed



  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 13.  Subsection (5) of section 420.5099,

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

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

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

10         420.5099  Allocation of the low-income housing tax

11  credit.--

12         (5)  For purposes of implementing this program in

13  Florida and in assessing the property for ad valorem taxation

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

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

16  property, and the actual rental income from rent restricted

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

18  recognized by the property appraiser. In considering or using

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

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

21  additional financing proceeds received because the property is

22  in the program shall be included in the valuation.

23         (6)  For the further purpose of implementing this

24  program in Florida and in assessing the property for ad

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

26  housing agreement and all amendments and supplements thereto

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

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

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

30  amendment, or supplement.

31  


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    CS for CS for SB 1360                          First Engrossed



  1         Section 14.  Section 197.552, Florida Statutes, is

  2  amended to read:

  3         197.552  Tax deeds.--All tax deeds shall be issued in

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

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

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

  7  acknowledged or proven as other deeds.  Except as specifically

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

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

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

11  governmental unit, special district, or community development

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

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

14  197.582, shall survive the issuance of a tax deed.  The

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

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

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

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

19  regularity of all proceedings from the valuation of the lands

20  to the issuance of the deed, inclusive.

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

22  of section 193.461, Florida Statutes, to read:

23         193.461  Agricultural lands; classification and

24  assessment; mandated eradication or quarantine program.--

25         (3)

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

27  land that has received an agricultural classification from the

28  property appraiser, the value adjustment board or a court of

29  competent jurisdiction pursuant to this section is entitled to

30  receive such classification in any subsequent year until such

31  agricultural use of the land is abandoned or discontinued, the


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    CS for CS for SB 1360                          First Engrossed



  1  land is diverted to a nonagricultural use, or the land is

  2  reclassified as nonagricultural pursuant to subsection (4).

  3  The property appraiser must, no later than January 15, of each

  4  year, provide notice to the owner of land that was classified

  5  agricultural in the previous year informing the owner of the

  6  requirements of this paragraph and requiring the owner to

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

  8  changed. The department shall, by administrative rule,

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

10  appraiser under this paragraph. However, this paragraph does

11  not apply to any property if the agricultural classification

12  of that property is the subject of current litigation.

13         Section 16.  There is appropriated from the General

14  Revenue Fund to the Department of Revenue the sum of $45,000

15  for the purpose of reimbursing counties for the cost of using

16  special masters as provided in section 194.035, Florida

17  Statutes, as amended by this act.

18         Section 17.  This act shall take effect January 1,

19  2003.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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