Senate Bill sb0854e1

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  1                      A bill to be entitled

  2         An act relating to taxation; amending s.

  3         193.155, F.S.; revising exceptions applicable

  4         to damaged or destroyed homestead property to a

  5         requirement that changes, additions, or

  6         improvements to homestead property be assessed

  7         at just value under certain circumstances;

  8         providing for application to certain changes,

  9         additions, and improvements; providing for

10         assessment of homestead property after

11         substantial completion of changes, additions,

12         and improvements; providing criteria; amending

13         s. 196.031, F.S.; providing for the continued

14         granting of a homestead exemption for certain

15         damaged or destroyed homestead property under

16         certain circumstances; specifying circumstances

17         for abandonment of property as homestead;

18         requiring the Department of Revenue to study

19         the state's property tax structure; providing

20         the contents of the study; requiring the Office

21         of Economic and Demographic Research to prepare

22         a report; requiring that the report recommend

23         changes to achieve specified principles of

24         taxation; providing deadlines; requiring a

25         report to the Governor and the Legislature;

26         repealing s. 12, ch. 2005-187, Laws of Florida,

27         relating to dissolving the Communications

28         Services Tax Task Force; providing

29         appropriations; providing for reversion of

30         unused funds to the General Revenue Fund;

31  


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 1         providing for retroactive application;

 2         providing effective dates.

 3  

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

 5  

 6         Section 1.  Subsection (4) of section 193.155, Florida

 7  Statutes, is amended to read:

 8         193.155  Homestead assessments.--Homestead property

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

10  Property receiving the homestead exemption after January 1,

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

12  year in which the property receives the exemption.

13         (4)(a)  Except as provided in paragraph (b), changes,

14  additions, or improvements to homestead property shall be

15  assessed at just value as of the first January 1 after the

16  changes, additions, or improvements are substantially

17  completed.

18         (b)  Changes, additions, or improvements that replace

19  all or do not include replacement of a portion of homestead

20  real property damaged or destroyed by misfortune or calamity

21  shall not increase the homestead property's assessed value

22  when the square footage of the homestead property as changed

23  or improved does not exceed 110 percent of the square footage

24  of the homestead property before the damage or destruction

25  just value of the damaged or destroyed portion as replaced is

26  not more than 125 percent of the just value of the damaged or

27  destroyed portion. Additionally, the homestead property's

28  assessed value shall not increase if the total square footage

29  of the homestead property as changed or improved does not

30  exceed 1,500 square feet. Changes, additions, or improvements

31  that do not cause the total to exceed 110 percent of the total


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 1  square footage of the homestead property before the damage or

 2  destruction or that do not cause the total to exceed 1,500

 3  total square feet shall be reassessed as provided under

 4  subsection (1). The homestead property's assessed value shall

 5  be increased by the just value of that portion of the changed

 6  or improved homestead property any replaced real property, or

 7  portion thereof, which is in excess of 110 125 percent of the

 8  square footage of the homestead property before the damage or

 9  destruction or of that portion exceeding 1,500 square feet

10  just value of the damaged or destroyed property shall be

11  deemed to be a change, addition, or improvement. Homestead

12  Replaced real property damaged or destroyed by misfortune or

13  calamity which, after being changed or improved, has a square

14  footage with a just value of less than 100 percent of the

15  homestead original property's total square footage before the

16  damage or destruction just value shall be assessed pursuant to

17  subsection (5). This paragraph applies to changes, additions,

18  or improvements commenced within 3 years after the January 1

19  following the damage or destruction of the homestead.

20         (c)  Changes, additions, or improvements that replace

21  all or a portion of real property that was damaged or

22  destroyed by misfortune or calamity shall be assessed upon

23  substantial completion as if such damage or destruction had

24  not occurred and in accordance with paragraph (b) if the owner

25  of such property:

26         1.  Was permanently residing on such property when the

27  damage or destruction occurred;

28         2.  Was not entitled to receive homestead exemption on

29  such property as of January 1 of that year; and

30         3.  Applies for and receives homestead exemption on

31  such property the following year.


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 1         (d)(c)  Changes, additions, or improvements include

 2  improvements made to common areas or other improvements made

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

 4  or by an owner association, which improvements directly

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

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

 7  value shall be apportioned among the parcels benefiting from

 8  the improvement.

 9         Section 2.  Subsection (7) is added to section 196.031,

10  Florida Statutes, to read:

11         196.031  Exemption of homesteads.--

12         (7)  When homestead property is damaged or destroyed by

13  misfortune or calamity and the property is uninhabitable on

14  January 1 after the damage or destruction occurs, the

15  homestead exemption may be granted if the property is

16  otherwise qualified and if the property owner notifies the

17  property appraiser that he or she intends to repair or rebuild

18  the property and live in it as his or her primary residence

19  after it is repaired or rebuilt and does not claim a homestead

20  exemption on any other property or otherwise violate this

21  section. Failure by the property owner to commence the repair

22  or rebuilding of the homestead property within 3 years after

23  January 1 following its damage or destruction constitutes

24  abandonment of the property as a homestead.

25         Section 3.  (1)  The Department of Revenue shall

26  conduct a study of the state's property tax structure to

27  analyze the impact of the current homestead exemptions and

28  homestead assessment limitations on different types of

29  property.

30         (a)  The study shall include:

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 1         1.  An analysis of the effects of Save Our Homes

 2  provisions of s. 4(c), Art. VII of the State Constitution on

 3  the distribution of property taxes among and between homestead

 4  properties as well as between homesteads and other types of

 5  property;

 6         2.  An analysis of the effect of the Save Our Homes

 7  provisions of s. 4(c), Art. VII of the State Constitution on

 8  affordable housing, as evidenced by the differential tax

 9  burden on first-time homestead property owners and long-term

10  homestead property owners and the amendment's effect on

11  property taxes paid by nonhomestead residential property

12  owners;

13         3.  The identification and analysis of the impact of

14  the differential under the Save Our Homes provisions of s.

15  4(c), Art. VII of the State Constitution on each county;

16         4.  An analysis of the effects of the Save Our Homes

17  provisions of s. 4(c), Art. VII of the State Constitution on

18  the distribution of the school property taxes, including the

19  required local effort levy for the Florida Education Finance

20  Program, and other school levies;

21         5.  An analysis of the fiscal impacts of allowing the

22  assessments under the Save Our Homes provisions of s. 4(c),

23  Art. VII of the State Constitution to be transferred to newly

24  acquired homes, the resulting changes in the relative taxes

25  levied on all other classes of property, including other

26  homestead properties, nonhomestead properties and properties

27  purchased by first-time homestead owners, and in the

28  distribution of the required local effort for school funding;

29  and

30         6.  An analysis of the millage rates adopted by local

31  governments compared to the rolled back rate as advertised in


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 1  the Truth In Millage (TRIM) Notices required under s. 200.069,

 2  Florida Statutes.

 3         (b)  The Department of Revenue shall prepare a draft of

 4  the study by November 15, 2006, and conclude the study by

 5  January 2, 2007.

 6         (2)  The Office of Economic and Demographic Research

 7  shall prepare a report summarizing the study conducted by the

 8  Department of Revenue. The report must also contain findings

 9  and policy options that may be available to the state. In

10  preparing the report, the Office of Economic and Demographic

11  Research may consider other available information.

12         (a)  In addition to findings and policy options, the

13  report must include:

14         1.  An evaluation of the assessment differentials under

15  the Save Our Homes provisions of s. 4(c), Art. VII of the

16  State Constitution on homeowners' willingness to purchase a

17  new homestead.

18         2.  An evaluation of the effects of the Save Our Homes

19  provisions of s. 4(c), Art. VII of the State Constitution on

20  local government budget decisions, including whether the Truth

21  In Millage (TRIM) notification process under s. 200.069,

22  Florida Statutes, adequately informs taxpayers of local

23  governments' tax and budget decisions.

24         3.  An evaluation of the effectiveness of the notice of

25  proposed property taxes and non-ad valorem assessments created

26  under s. 200.069, Florida Statutes. If the current notice is

27  deemed ineffective, the evaluation should propose alternative

28  methods of conveying the information contained in the notice.

29         (b)  The findings and policy options must apply and

30  consider the following principles of taxation described in the

31  2002 Florida State Tax Reform Task Force Final Report:


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 1         1.  Equity.--The Florida tax system should treat

 2  individuals equitably. It should impose similar tax burdens on

 3  people in similar circumstances and should minimize

 4  regressivity.

 5         2.  Compliance.--The Florida tax system should

 6  facilitate taxpayer compliance. The system should be simple

 7  and easy to understand so as to minimize compliance costs and

 8  increase the visibility and awareness of the taxes being paid.

 9  Enforcement and collection of tax revenues should be

10  accomplished in a fair, consistent, professional, predictable,

11  and cost-effective manner.

12         3.  Pro-competitiveness.--The Florida tax system should

13  be responsive to interstate and international competition in

14  order to encourage savings and investment in physical plants,

15  equipment, people, and technology in this state.

16         4.  Neutrality.--The Florida tax system should affect

17  competitors uniformly and not become a tool for social

18  engineering. The system should minimize government involvement

19  in investment decisions, making any such involvement explicit,

20  and should minimize pyramiding.

21         5.  Stability.--The Florida tax system should produce,

22  in a stable and reliable manner, revenues that are sufficient

23  to fund appropriate governmental functions and expenditures.

24         6.  Integration.--The Florida tax system should balance

25  the need for integration of federal, state, and local

26  taxation.

27         (c)  The Office of Economic and Demographic Research

28  shall submit a progress report to the President of the Senate

29  and the Speaker of the House of Representatives by February

30  15, 2007. The progress report may include preliminary findings

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 1  and any policy options that may be considered during the 2007

 2  regular legislative session.

 3         (d)  The final report must be submitted to the

 4  Governor, the President of the Senate, the Speaker of the

 5  House of Representatives, and the chair of the Taxation and

 6  Budget Reform Commission no later than September 1, 2007.

 7         (e)  The Office of Economic and Demographic Research

 8  may contract with state universities or a nationally

 9  recognized property appraisal education and certification

10  organization for the purpose of developing findings and policy

11  options to be included in the report.

12         Section 4.  Section 12 of chapter 2005-187, Laws of

13  Florida, is repealed.

14         Section 5.  The sum of $300,000 in nonrecurring general

15  revenue is hereby appropriated to the Department of Revenue

16  for the purpose of conducting the study required by this act.

17         Section 6.  The sum of $500,000 in nonrecurring general

18  revenue is hereby appropriated to the Office of Economic and

19  Demographic Research for the purpose of preparing the report

20  required by this act.

21         Section 7.  The unexpended balance of funds

22  appropriated in section 13 of chapter 2005-187, Laws of

23  Florida, shall revert immediately to the General Revenue Fund.

24         Section 8.  Sections 1 and 2 of this act shall apply

25  retroactively to homestead property replaced on or after

26  January 1, 2006.

27         Section 9.  Except as otherwise expressly provided in

28  this act, this act shall take effect upon becoming a law.

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30  

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