Senate Bill sb1356

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    Florida Senate - 2003                                  SB 1356

    By the Committee on Comprehensive Planning





    316-1152B-03

  1                      A bill to be entitled

  2         An act relating to local government financing;

  3         amending s. 192.001, F.S.; removing the

  4         definition of the term "construction work in

  5         progress" and defining the term "substantially

  6         completed" for purposes of provisions governing

  7         the imposition of ad valorem taxes; amending s.

  8         192.042, F.S., relating to the assessment of

  9         property; removing provisions specifying that

10         improvements or portions thereof not

11         substantially completed on January 1 have no

12         value; removing provisions specifying that,

13         with respect to the assessment of tangible

14         personal property, construction work in

15         progress has no value until substantially

16         completed; requiring that the value and

17         description of improvements on or to real

18         property as of January 1 be reported to the

19         property appraiser under oath; providing that

20         the assessment made by the property appraiser

21         is prima facie correct upon failure to report;

22         amending ss. 193.155 and 193.703, F.S.,

23         relating to homestead assessments and

24         assessments for living quarters of parents or

25         grandparents; clarifying provisions governing

26         the method for valuing improvements to

27         property; amending s. 206.41, F.S.; providing

28         for adjustments in the tax rates for the

29         ninth-cent fuel tax and the local option fuel

30         tax; amending s. 212.08, F.S., relating to

31         certain tax exemptions for building and

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    Florida Senate - 2003                                  SB 1356
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  1         construction materials; redefining the term

  2         "substantially completed" to conform to changes

  3         made by the act; providing an effective date.

  4

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

  6

  7         Section 1.  Paragraph (d) of subsection (11) of section

  8  192.001, Florida Statutes, is amended, and subsection (20) is

  9  added to that section, to read:

10         192.001  Definitions.--All definitions set out in

11  chapters 1 and 200 that are applicable to this chapter are

12  included herein.  In addition, the following definitions shall

13  apply in the imposition of ad valorem taxes:

14         (11)  "Personal property," for the purposes of ad

15  valorem taxation, shall be divided into four categories as

16  follows:

17         (d)  "Tangible personal property" means all goods,

18  chattels, and other articles of value (but does not include

19  the vehicular items enumerated in s. 1(b), Art. VII of the

20  State Constitution and elsewhere defined) capable of manual

21  possession and whose chief value is intrinsic to the article

22  itself. "Construction work in progress" consists of those

23  items of tangible personal property commonly known as

24  fixtures, machinery, and equipment when in the process of

25  being installed in new or expanded improvements to real

26  property and whose value is materially enhanced upon

27  connection or use with a preexisting, taxable, operational

28  system or facility.  Construction work in progress shall be

29  deemed substantially completed when connected with the

30  preexisting, taxable, operational system or facility.

31

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    Florida Senate - 2003                                  SB 1356
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  1  Inventory and household goods are expressly excluded from this

  2  definition.

  3         (20)  "Substantially completed" means that the

  4  improvement or any self-sufficient unit within the improvement

  5  can be used for the purpose for which it was constructed.

  6         Section 2.  Section 192.042, Florida Statutes, is

  7  amended to read:

  8         192.042  Date of assessment.--

  9         (1)  All property shall be assessed according to its

10  just value as follows:

11         (a)(1)  Real property, on January 1 of each year.

12  Improvements or portions not substantially completed on

13  January 1 shall have no value placed thereon.  "Substantially

14  completed" shall mean that the improvement or some

15  self-sufficient unit within it can be used for the purpose for

16  which it was constructed.

17         (b)(2)  Tangible personal property, on January 1 of

18  each year, except construction work in progress shall have no

19  value placed thereon until substantially completed as defined

20  in s. 192.001(11)(d).

21         (c)(3)  Intangible personal property, according to the

22  rules laid down in chapter 199.

23         (2)  If, on January 1, improvements are being

24  constructed on or added to real property that is subject to

25  taxation under state law, the person owning or having control

26  or custody of the real property shall, on or before April 1,

27  make a report under oath to the property appraiser for the

28  county where the real property is located giving the character

29  and value of the real property, the nature and description of

30  the improvements on or to the property, and the value of the

31  improvements as determined by such person as of January 1. If

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    Florida Senate - 2003                                  SB 1356
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  1  the person owning or having control or custody of the real

  2  property fails to make the report required by this subsection,

  3  the assessment and valuation made by the property appraiser

  4  shall be considered prima facie correct and shall be binding

  5  upon the owner or corporation having an interest in the

  6  property unless a petition is timely filed with the value

  7  adjustment board.

  8         Section 3.  Subsection (4) of section 193.155, Florida

  9  Statutes, is amended to read:

10         193.155  Homestead assessments.--Homestead property

11  shall be assessed at just value as of January 1, 1994.

12  Property receiving the homestead exemption after January 1,

13  1994, shall be assessed at just value as of January 1 of the

14  year in which the property receives the exemption.

15         (4)(a)  Changes, additions, or improvements to

16  homestead property shall be assessed at just value. However,

17  if such changes, additions, or improvements are not

18  substantially completed as of January 1, such changes,

19  additions, or improvements are not subject to the assessment

20  limitation until as of the first January 1 after the changes,

21  additions, or improvements are substantially complete

22  completed.

23         (b)  Changes, additions, or improvements do not include

24  replacement of a portion of real property damaged or destroyed

25  by misfortune or calamity when the just value of the damaged

26  or destroyed portion as replaced is not more than 125 percent

27  of the just value of the damaged or destroyed portion. The

28  value of any replaced real property, or portion thereof, which

29  is in excess of 125 percent of the just value of the damaged

30  or destroyed property shall be deemed to be a change,

31  addition, or improvement. Replaced real property with a just

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    Florida Senate - 2003                                  SB 1356
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  1  value of less than 100 percent of the original property's just

  2  value shall be assessed pursuant to subsection (5).

  3         (c)  Changes, additions, or improvements include

  4  improvements made to common areas or other improvements made

  5  to property other than to the homestead property by the owner

  6  or by an owner association, which improvements directly

  7  benefit the homestead property. Such changes, additions, or

  8  improvements shall be assessed at just value, and the just

  9  value shall be apportioned among the parcels benefiting from

10  the improvement.

11         Section 4.  Subsection (6) of section 193.703, Florida

12  Statutes, is amended to read:

13         193.703  Reduction in assessment for living quarters of

14  parents or grandparents.--

15         (6)  When the property owner no longer qualifies for

16  the reduction in assessed value for living quarters of parents

17  or grandparents, the previously excluded just value of such

18  improvements as of the first January 1 after the improvements

19  were substantially completed shall be added back to the

20  assessed value of the property.

21         Section 5.  Paragraphs (d) and (e) of subsection (1) of

22  section 206.41, Florida Statutes, are amended to read:

23         206.41  State taxes imposed on motor fuel.--

24         (1)  The following taxes are imposed on motor fuel

25  under the circumstances described in subsection (6):

26         (d)1.  An additional tax of 1 cent per net gallon may

27  be imposed by each county on motor fuel, which shall be

28  designated as the "ninth-cent fuel tax."  This tax shall be

29  levied and used as provided in s. 336.021.

30         2.  Beginning January 1, 2004, and on January 1 of each

31  year thereafter, counties may, by ordinance, provide that the

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    Florida Senate - 2003                                  SB 1356
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  1  tax rate set forth in subparagraph 1. be adjusted by the

  2  percentage change in the average of the consumer price index

  3  issued by the United States Department of Labor for the most

  4  recent 12-month period ending September 30, and rounded to the

  5  nearest tenth of a cent, as determined by the Department of

  6  Revenue. However, the tax rate may not be less than 1 cent per

  7  gallon.

  8         3.  All impositions and rate changes of the tax shall

  9  be levied before July 1, to be effective January 1 of the

10  following year.

11         4.  A certified copy of the ordinance that authorizes

12  the indexing of the tax authorized by this section must be

13  furnished by the county to the Department of Revenue within 10

14  days after the adoption of the ordinance indexing the tax.

15         5.  The department shall notify each terminal supplier,

16  position holder, wholesaler, and importer of the tax rate

17  applicable under this paragraph for the 12-month period

18  beginning January 1.

19         (e)1.  An additional tax of between 1 cent and 11 cents

20  per net gallon may be imposed on motor fuel by each county,

21  which shall be designated as the "local option fuel tax."

22  This tax shall be levied and used as provided in s. 336.025.

23         2.  Beginning January 1, 2004, and on January 1 of each

24  year thereafter, counties may, by ordinance, provide that the

25  tax rate set forth in subparagraph 1. be adjusted by the

26  percentage change in the average of the consumer price index

27  issued by the United States Department of Labor for the most

28  recent 12-month period ending September 30, and rounded to the

29  nearest tenth of a cent, as determined by the Department of

30  Revenue. However, the tax rate may not be less than the rate

31  per gallon levied pursuant to subparagraph 1.

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    Florida Senate - 2003                                  SB 1356
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  1         3.  All impositions and rate changes of the tax shall

  2  be levied before July 1, to be effective January 1 of the

  3  following year.

  4         4.  A certified copy of the ordinance that authorizes

  5  the indexing of the tax authorized by this section must be

  6  furnished by the county to the Department of Revenue within 10

  7  days after the adoption of the ordinance indexing the tax.

  8         5.  The department shall notify each terminal supplier,

  9  position holder, wholesaler, and importer of the tax rate

10  applicable under this paragraph for the 12-month period

11  beginning January 1.

12         Section 6.  Paragraphs (g) and (n) of subsection (5) of

13  section 212.08, Florida Statutes, are amended to read:

14         212.08  Sales, rental, use, consumption, distribution,

15  and storage tax; specified exemptions.--The sale at retail,

16  the rental, the use, the consumption, the distribution, and

17  the storage to be used or consumed in this state of the

18  following are hereby specifically exempt from the tax imposed

19  by this chapter.

20         (5)  EXEMPTIONS; ACCOUNT OF USE.--

21         (g)  Building materials used in the rehabilitation of

22  real property located in an enterprise zone.--

23         1.  Building materials used in the rehabilitation of

24  real property located in an enterprise zone shall be exempt

25  from the tax imposed by this chapter upon an affirmative

26  showing to the satisfaction of the department that the items

27  have been used for the rehabilitation of real property located

28  in an enterprise zone. Except as provided in subparagraph 2.,

29  this exemption inures to the owner, lessee, or lessor of the

30  rehabilitated real property located in an enterprise zone only

31  through a refund of previously paid taxes. To receive a refund

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    Florida Senate - 2003                                  SB 1356
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  1  pursuant to this paragraph, the owner, lessee, or lessor of

  2  the rehabilitated real property located in an enterprise zone

  3  must file an application under oath with the governing body or

  4  enterprise zone development agency having jurisdiction over

  5  the enterprise zone where the business is located, as

  6  applicable, which includes:

  7         a.  The name and address of the person claiming the

  8  refund.

  9         b.  An address and assessment roll parcel number of the

10  rehabilitated real property in an enterprise zone for which a

11  refund of previously paid taxes is being sought.

12         c.  A description of the improvements made to

13  accomplish the rehabilitation of the real property.

14         d.  A copy of the building permit issued for the

15  rehabilitation of the real property.

16         e.  A sworn statement, under the penalty of perjury,

17  from the general contractor licensed in this state with whom

18  the applicant contracted to make the improvements necessary to

19  accomplish the rehabilitation of the real property, which

20  statement lists the building materials used in the

21  rehabilitation of the real property, the actual cost of the

22  building materials, and the amount of sales tax paid in this

23  state on the building materials. In the event that a general

24  contractor has not been used, the applicant shall provide this

25  information in a sworn statement, under the penalty of

26  perjury. Copies of the invoices which evidence the purchase of

27  the building materials used in such rehabilitation and the

28  payment of sales tax on the building materials shall be

29  attached to the sworn statement provided by the general

30  contractor or by the applicant. Unless the actual cost of

31  building materials used in the rehabilitation of real property

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    Florida Senate - 2003                                  SB 1356
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  1  and the payment of sales taxes due thereon is documented by a

  2  general contractor or by the applicant in this manner, the

  3  cost of such building materials shall be an amount equal to 40

  4  percent of the increase in assessed value for ad valorem tax

  5  purposes.

  6         f.  The identifying number assigned pursuant to s.

  7  290.0065 to the enterprise zone in which the rehabilitated

  8  real property is located.

  9         g.  A certification by the local building code

10  inspector that the improvements necessary to accomplish the

11  rehabilitation of the real property are substantially

12  completed.

13         h.  Whether the business is a small business as defined

14  by s. 288.703(1).

15         i.  If applicable, the name and address of each

16  permanent employee of the business, including, for each

17  employee who is a resident of an enterprise zone, the

18  identifying number assigned pursuant to s. 290.0065 to the

19  enterprise zone in which the employee resides.

20         2.  This exemption inures to a city, county, other

21  governmental agency, or nonprofit community-based organization

22  through a refund of previously paid taxes if the building

23  materials used in the rehabilitation of real property located

24  in an enterprise zone are paid for from the funds of a

25  community development block grant, State Housing Initiatives

26  Partnership Program, or similar grant or loan program. To

27  receive a refund pursuant to this paragraph, a city, county,

28  other governmental agency, or nonprofit community-based

29  organization must file an application which includes the same

30  information required to be provided in subparagraph 1. by an

31  owner, lessee, or lessor of rehabilitated real property. In

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  1  addition, the application must include a sworn statement

  2  signed by the chief executive officer of the city, county,

  3  other governmental agency, or nonprofit community-based

  4  organization seeking a refund which states that the building

  5  materials for which a refund is sought were paid for from the

  6  funds of a community development block grant, State Housing

  7  Initiatives Partnership Program, or similar grant or loan

  8  program.

  9         3.  Within 10 working days after receipt of an

10  application, the governing body or enterprise zone development

11  agency shall review the application to determine if it

12  contains all the information required pursuant to subparagraph

13  1. or subparagraph 2. and meets the criteria set out in this

14  paragraph. The governing body or agency shall certify all

15  applications that contain the information required pursuant to

16  subparagraph 1. or subparagraph 2. and meet the criteria set

17  out in this paragraph as eligible to receive a refund. If

18  applicable, the governing body or agency shall also certify if

19  20 percent of the employees of the business are residents of

20  an enterprise zone, excluding temporary and part-time

21  employees. The certification shall be in writing, and a copy

22  of the certification shall be transmitted to the executive

23  director of the Department of Revenue. The applicant shall be

24  responsible for forwarding a certified application to the

25  department within the time specified in subparagraph 4.

26         4.  An application for a refund pursuant to this

27  paragraph must be submitted to the department within 6 months

28  after the rehabilitation of the property is deemed to be

29  substantially completed by the local building code inspector

30  or within 90 days after the rehabilitated property is first

31  subject to assessment.

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  1         5.  The provisions of s. 212.095 do not apply to any

  2  refund application made pursuant to this paragraph. No more

  3  than one exemption through a refund of previously paid taxes

  4  for the rehabilitation of real property shall be permitted for

  5  any one parcel of real property. No refund shall be granted

  6  pursuant to this paragraph unless the amount to be refunded

  7  exceeds $500. No refund granted pursuant to this paragraph

  8  shall exceed the lesser of 97 percent of the Florida sales or

  9  use tax paid on the cost of the building materials used in the

10  rehabilitation of the real property as determined pursuant to

11  sub-subparagraph 1.e. or $5,000, or, if no less than 20

12  percent of the employees of the business are residents of an

13  enterprise zone, excluding temporary and part-time employees,

14  the amount of refund granted pursuant to this paragraph shall

15  not exceed the lesser of 97 percent of the sales tax paid on

16  the cost of such building materials or $10,000. A refund

17  approved pursuant to this paragraph shall be made within 30

18  days of formal approval by the department of the application

19  for the refund.

20         6.  The department shall adopt rules governing the

21  manner and form of refund applications and may establish

22  guidelines as to the requisites for an affirmative showing of

23  qualification for exemption under this paragraph.

24         7.  The department shall deduct an amount equal to 10

25  percent of each refund granted under the provisions of this

26  paragraph from the amount transferred into the Local

27  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

28  s. 212.20 for the county area in which the rehabilitated real

29  property is located and shall transfer that amount to the

30  General Revenue Fund.

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  1         8.  For the purposes of the exemption provided in this

  2  paragraph:

  3         a.  "Building materials" means tangible personal

  4  property which becomes a component part of improvements to

  5  real property.

  6         b.  "Real property" has the same meaning as provided in

  7  s. 192.001(12).

  8         c.  "Rehabilitation of real property" means the

  9  reconstruction, renovation, restoration, rehabilitation,

10  construction, or expansion of improvements to real property.

11         d.  "Substantially completed" means that an improvement

12  or any self-sufficient unit within the improvement can be used

13  for the purpose for which it was constructed has the same

14  meaning as provided in s. 192.042(1).

15         9.  The provisions of this paragraph shall expire and

16  be void on December 31, 2005.

17         (n)  Materials for construction of single-family homes

18  in certain areas.--

19         1.  As used in this paragraph, the term:

20         a.  "Building materials" means tangible personal

21  property that becomes a component part of a qualified home.

22         b.  "Qualified home" means a single-family home having

23  an appraised value of no more than $160,000 which is located

24  in an enterprise zone, empowerment zone, or Front Porch

25  Florida Community and which is constructed and occupied by the

26  owner thereof for residential purposes.

27         c.  "Substantially completed" means that an improvement

28  or any self-sufficient unit within the improvement can be used

29  for the purpose for which it was constructed has the same

30  meaning as provided in s. 192.042(1).

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    Florida Senate - 2003                                  SB 1356
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  1         2.  Building materials used in the construction of a

  2  qualified home and the costs of labor associated with the

  3  construction of a qualified home are exempt from the tax

  4  imposed by this chapter upon an affirmative showing to the

  5  satisfaction of the department that the requirements of this

  6  paragraph have been met. This exemption inures to the owner

  7  through a refund of previously paid taxes. To receive this

  8  refund, the owner must file an application under oath with the

  9  department which includes:

10         a.  The name and address of the owner.

11         b.  The address and assessment roll parcel number of

12  the home for which a refund is sought.

13         c.  A copy of the building permit issued for the home.

14         d.  A certification by the local building code

15  inspector that the home is substantially completed.

16         e.  A sworn statement, under penalty of perjury, from

17  the general contractor licensed in this state with whom the

18  owner contracted to construct the home, which statement lists

19  the building materials used in the construction of the home

20  and the actual cost thereof, the labor costs associated with

21  such construction, and the amount of sales tax paid on these

22  materials and labor costs. If a general contractor was not

23  used, the owner shall provide this information in a sworn

24  statement, under penalty of perjury. Copies of invoices

25  evidencing payment of sales tax must be attached to the sworn

26  statement.

27         f.  A sworn statement, under penalty of perjury, from

28  the owner affirming that he or she is occupying the home for

29  residential purposes.

30         3.  An application for a refund under this paragraph

31  must be submitted to the department within 6 months after the

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  1  date the home is deemed to be substantially completed by the

  2  local building code inspector. Within 30 working days after

  3  receipt of the application, the department shall determine if

  4  it meets the requirements of this paragraph. A refund approved

  5  pursuant to this paragraph shall be made within 30 days after

  6  formal approval of the application by the department. The

  7  provisions of s. 212.095 do not apply to any refund

  8  application made under this paragraph.

  9         4.  The department shall establish by rule an

10  application form and criteria for establishing eligibility for

11  exemption under this paragraph.

12         5.  The exemption shall apply to purchases of materials

13  on or after July 1, 2000.

14         Section 7.  This act shall take effect upon becoming a

15  law.

16

17            *****************************************

18                          SENATE SUMMARY

19    Revises provisions governing the valuation of
      improvements to real property for purposes of ad valorem
20    taxation. Requires a property owner to report to the
      property appraiser the value of improvements on or to
21    real property as of January 1. Authorizes certain
      adjustments in the tax rates for the ninth-cent fuel tax
22    and the local option fuel tax. (See bill for details.)

23

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