Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 854
                        Barcode 700168
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: 1/AD/2R          .                    
       04/28/2006 04:02 PM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Haridopolos moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsection (4) of section 193.155, Florida
18  Statutes, is amended to read:
19         193.155  Homestead assessments.--Homestead property
20  shall be assessed at just value as of January 1, 1994.
21  Property receiving the homestead exemption after January 1,
22  1994, shall be assessed at just value as of January 1 of the
23  year in which the property receives the exemption.
24         (4)(a)  Except as provided in paragraph (b), changes,
25  additions, or improvements to homestead property shall be
26  assessed at just value as of the first January 1 after the
27  changes, additions, or improvements are substantially
28  completed.
29         (b)  Changes, additions, or improvements that replace
30  all or do not include replacement of a portion of homestead
31  real property damaged or destroyed by misfortune or calamity
                                  1
    9:10 AM   04/27/06                             s0854c1d-26-tk9

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 854 Barcode 700168 1 shall not increase the homestead property's assessed value 2 when the square footage of the homestead property as changed 3 or improved does not exceed 110 percent of the square footage 4 of the homestead property before the damage or destruction 5 just value of the damaged or destroyed portion as replaced is 6 not more than 125 percent of the just value of the damaged or 7 destroyed portion. Additionally, the homestead property's 8 assessed value shall not increase if the total square footage 9 of the homestead property as changed or improved does not 10 exceed 1,500 square feet. Changes, additions, or improvements 11 that do not cause the total to exceed 110 percent of the total 12 square footage of the homestead property before the damage or 13 destruction or that do not cause the total to exceed 1,500 14 total square feet shall be reassessed as provided under 15 subsection (1). The homestead property's assessed value shall 16 be increased by the just value of that portion of the changed 17 or improved homestead property any replaced real property, or 18 portion thereof, which is in excess of 110 125 percent of the 19 square footage of the homestead property before the damage or 20 destruction or of that portion exceeding 1,500 square feet 21 just value of the damaged or destroyed property shall be 22 deemed to be a change, addition, or improvement. Homestead 23 Replaced real property damaged or destroyed by misfortune or 24 calamity which, after being changed or improved, has a square 25 footage with a just value of less than 100 percent of the 26 homestead original property's total square footage before the 27 damage or destruction just value shall be assessed pursuant to 28 subsection (5). This paragraph applies to changes, additions, 29 or improvements commenced within 3 years after the January 1 30 following the damage or destruction of the homestead. 31 (c) Changes, additions, or improvements that replace 2 9:10 AM 04/27/06 s0854c1d-26-tk9
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 854 Barcode 700168 1 all or a portion of real property that was damaged or 2 destroyed by misfortune or calamity shall be assessed upon 3 substantial completion as if such damage or destruction had 4 not occurred and in accordance with paragraph (b) if the owner 5 of such property: 6 1. Was permanently residing on such property when the 7 damage or destruction occurred; 8 2. Was not entitled to receive homestead exemption on 9 such property as of January 1 of that year; and 10 3. Applies for and receives homestead exemption on 11 such property the following year. 12 (d)(c) Changes, additions, or improvements include 13 improvements made to common areas or other improvements made 14 to property other than to the homestead property by the owner 15 or by an owner association, which improvements directly 16 benefit the homestead property. Such changes, additions, or 17 improvements shall be assessed at just value, and the just 18 value shall be apportioned among the parcels benefiting from 19 the improvement. 20 Section 2. Subsection (7) is added to section 196.031, 21 Florida Statutes, to read: 22 196.031 Exemption of homesteads.-- 23 (7) When homestead property is damaged or destroyed by 24 misfortune or calamity and the property is uninhabitable on 25 January 1 after the damage or destruction occurs, the 26 homestead exemption may be granted if the property is 27 otherwise qualified and if the property owner notifies the 28 property appraiser that he or she intends to repair or rebuild 29 the property and live in it as his or her primary residence 30 after it is repaired or rebuilt and does not claim a homestead 31 exemption on any other property or otherwise violate this 3 9:10 AM 04/27/06 s0854c1d-26-tk9
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 854 Barcode 700168 1 section. Failure by the property owner to commence the repair 2 or rebuilding of the homestead property within 3 years after 3 January 1 following its damage or destruction constitutes 4 abandonment of the property as a homestead. 5 Section 3. (1) The Department of Revenue shall 6 conduct a study of the state's property tax structure to 7 analyze the impact of the current homestead exemptions and 8 homestead assessment limitations on different types of 9 property. 10 (a) The study shall include: 11 1. An analysis of the effects of Save Our Homes 12 provisions of s. 4(c), Art. VII of the State Constitution on 13 the distribution of property taxes among and between homestead 14 properties as well as between homesteads and other types of 15 property; 16 2. An analysis of the effect of the Save Our Homes 17 provisions of s. 4(c), Art. VII of the State Constitution on 18 affordable housing, as evidenced by the differential tax 19 burden on first-time homestead property owners and long-term 20 homestead property owners and the amendment's effect on 21 property taxes paid by nonhomestead residential property 22 owners; 23 3. The identification and analysis of the impact of 24 the differential under the Save Our Homes provisions of s. 25 4(c), Art. VII of the State Constitution on each county; 26 4. An analysis of the effects of the Save Our Homes 27 provisions of s. 4(c), Art. VII of the State Constitution on 28 the distribution of the school property taxes, including the 29 required local effort levy for the Florida Education Finance 30 Program, and other school levies; 31 5. An analysis of the fiscal impacts of allowing the 4 9:10 AM 04/27/06 s0854c1d-26-tk9
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 854 Barcode 700168 1 assessments under the Save Our Homes provisions of s. 4(c), 2 Art. VII of the State Constitution to be transferred to newly 3 acquired homes, the resulting changes in the relative taxes 4 levied on all other classes of property, including other 5 homestead properties, nonhomestead properties and properties 6 purchased by first-time homestead owners, and in the 7 distribution of the required local effort for school funding; 8 and 9 6. An analysis of the millage rates adopted by local 10 governments compared to the rolled back rate as advertised in 11 the Truth In Millage (TRIM) Notices required under s. 200.069, 12 Florida Statutes. 13 (b) The Department of Revenue shall prepare a draft of 14 the study by November 15, 2006, and conclude the study by 15 January 2, 2007. 16 (2) The Office of Economic and Demographic Research 17 shall prepare a report summarizing the study conducted by the 18 Department of Revenue. The report must also contain findings 19 and policy options that may be available to the state. In 20 preparing the report, the Office of Economic and Demographic 21 Research may consider other available information. 22 (a) In addition to findings and policy options, the 23 report must include: 24 1. An evaluation of the assessment differentials under 25 the Save Our Homes provisions of s. 4(c), Art. VII of the 26 State Constitution on homeowners' willingness to purchase a 27 new homestead. 28 2. An evaluation of the effects of the Save Our Homes 29 provisions of s. 4(c), Art. VII of the State Constitution on 30 local government budget decisions, including whether the Truth 31 In Millage (TRIM) notification process under s. 200.069, 5 9:10 AM 04/27/06 s0854c1d-26-tk9
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 854 Barcode 700168 1 Florida Statutes, adequately informs taxpayers of local 2 governments' tax and budget decisions. 3 3. An evaluation of the effectiveness of the notice of 4 proposed property taxes and non-ad valorem assessments created 5 under s. 200.069, Florida Statutes. If the current notice is 6 deemed ineffective, the evaluation should propose alternative 7 methods of conveying the information contained in the notice. 8 (b) The findings and policy options must apply and 9 consider the following principles of taxation described in the 10 2002 Florida State Tax Reform Task Force Final Report: 11 1. Equity.--The Florida tax system should treat 12 individuals equitably. It should impose similar tax burdens on 13 people in similar circumstances and should minimize 14 regressivity. 15 2. Compliance.--The Florida tax system should 16 facilitate taxpayer compliance. The system should be simple 17 and easy to understand so as to minimize compliance costs and 18 increase the visibility and awareness of the taxes being paid. 19 Enforcement and collection of tax revenues should be 20 accomplished in a fair, consistent, professional, predictable, 21 and cost-effective manner. 22 3. Pro-competitiveness.--The Florida tax system should 23 be responsive to interstate and international competition in 24 order to encourage savings and investment in physical plants, 25 equipment, people, and technology in this state. 26 4. Neutrality.--The Florida tax system should affect 27 competitors uniformly and not become a tool for social 28 engineering. The system should minimize government involvement 29 in investment decisions, making any such involvement explicit, 30 and should minimize pyramiding. 31 5. Stability.--The Florida tax system should produce, 6 9:10 AM 04/27/06 s0854c1d-26-tk9
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 854 Barcode 700168 1 in a stable and reliable manner, revenues that are sufficient 2 to fund appropriate governmental functions and expenditures. 3 6. Integration.--The Florida tax system should balance 4 the need for integration of federal, state, and local 5 taxation. 6 (c) The Office of Economic and Demographic Research 7 shall submit a progress report to the President of the Senate 8 and the Speaker of the House of Representatives by February 9 15, 2007. The progress report may include preliminary findings 10 and any policy options that may be considered during the 2007 11 regular legislative session. 12 (d) The final report must be submitted to the 13 Governor, the President of the Senate, the Speaker of the 14 House of Representatives, and the chair of the Taxation and 15 Budget Reform Commission no later than September 1, 2007. 16 (e) The Office of Economic and Demographic Research 17 may contract with state universities or a nationally 18 recognized property appraisal education and certification 19 organization for the purpose of developing findings and policy 20 options to be included in the report. 21 Section 4. Section 12 of chapter 2005-187, Laws of 22 Florida, is repealed. 23 Section 5. The sum of $300,000 in nonrecurring general 24 revenue is hereby appropriated to the Department of Revenue 25 for the purpose of conducting the study required by this act. 26 Section 6. The sum of $500,000 in nonrecurring general 27 revenue is hereby appropriated to the Office of Economic and 28 Demographic Research for the purpose of preparing the report 29 required by this act. 30 Section 7. The unexpended balance of funds 31 appropriated in section 13 of chapter 2005-187, Laws of 7 9:10 AM 04/27/06 s0854c1d-26-tk9
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 854 Barcode 700168 1 Florida, shall revert immediately to the General Revenue Fund. 2 Section 8. Sections 1 and 2 of this act shall apply 3 retroactively to homestead property replaced on or after 4 January 1, 2006. 5 Section 9. Except as otherwise expressly provided in 6 this act, this act shall take effect upon becoming a law. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 Delete everything before the enacting clause 12 13 and insert: 14 A bill to be entitled 15 An act relating to taxation; amending s. 16 193.155, F.S.; revising exceptions applicable 17 to damaged or destroyed homestead property to a 18 requirement that changes, additions, or 19 improvements to homestead property be assessed 20 at just value under certain circumstances; 21 providing for application to certain changes, 22 additions, and improvements; providing for 23 assessment of homestead property after 24 substantial completion of changes, additions, 25 and improvements; providing criteria; amending 26 s. 196.031, F.S.; providing for the continued 27 granting of a homestead exemption for certain 28 damaged or destroyed homestead property under 29 certain circumstances; specifying circumstances 30 for abandonment of property as homestead; 31 requiring the Department of Revenue to study 8 9:10 AM 04/27/06 s0854c1d-26-tk9
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 854 Barcode 700168 1 the state's property tax structure; providing 2 the contents of the study; requiring the Office 3 of Economic and Demographic Research to prepare 4 a report; requiring that the report recommend 5 changes to achieve specified principles of 6 taxation; providing deadlines; requiring a 7 report to the Governor and the Legislature; 8 repealing s. 12, ch. 2005-187, Laws of Florida, 9 relating to dissolving the Communications 10 Services Tax Task Force; providing 11 appropriations; providing for reversion of 12 unused funds to the General Revenue Fund; 13 providing for retroactive application; 14 providing effective dates. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 9:10 AM 04/27/06 s0854c1d-26-tk9