1 | Representative(s) Kreegel offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove line(s) 322-1586 and insert: |
5 | if approved by referendum; or |
6 | 2. A rate in excess of 110 percent may be adopted if |
7 | approved by referendum. |
8 | (b) The millage rate of a county or municipality, |
9 | municipal service taxing unit of that county, and any special |
10 | district dependent to that county or municipality may exceed in |
11 | any year the maximum millage rate calculated pursuant to this |
12 | subsection if the total county ad valorem taxes levied or total |
13 | municipal ad valorem taxes levied, as defined in s. 200.001, do |
14 | not exceed the maximum total county ad valorem taxes levied or |
15 | maximum total municipal ad valorem taxes levied, as defined in |
16 | s. 200.001, respectively. Voted millage as defined in this |
17 | chapter and taxes levied by a municipality or independent |
18 | special district that has levied ad valorem taxes for less than |
19 | 5 years are not subject to the limitation on millage rates |
20 | provided by this subsection. Total taxes levied may exceed the |
21 | maximum calculated pursuant to subsection (6) as a result of an |
22 | increase in taxable value above that certified in subsection (1) |
23 | if such increase is less than the percentage amounts contained |
24 | in subsection (6); however, if such increase in taxable value |
25 | exceeds the percentage amounts contained in this subsection, |
26 | millage rates subject to subsection (6), s. 200.185, or s. |
27 | 200.186 must be reduced so that total taxes levied do not exceed |
28 | the maximum. |
29 | (13)(12)(a) Any taxing authority in violation of this |
30 | section, other than subsection (5), shall be subject to |
31 | forfeiture of state funds otherwise available to it for the 12 |
32 | months following a determination of noncompliance by the |
33 | Department of Revenue appropriate state agency. |
34 | (b) Within 30 days of the deadline for certification of |
35 | compliance required by s. 200.068, the department shall notify |
36 | any taxing authority in violation of this section, other than |
37 | subsection (5), that it is subject to paragraph (c). Except for |
38 | revenues from voted levies or levies imposed pursuant to s. |
39 | 1011.60(6), the revenues of any taxing authority in violation of |
40 | this section, other than subsection (5), collected in excess of |
41 | the rolled-back rate shall be held in escrow until the process |
42 | required by paragraph (c) is completed and approved by the |
43 | department. The department shall direct the tax collector to so |
44 | hold such funds. |
45 | (c) Any taxing authority so noticed by the department |
46 | shall repeat the hearing and notice process required by |
47 | paragraph (2)(d), except that: |
48 | 1. The advertisement shall appear within 15 days of notice |
49 | from the department. |
50 | 2. The advertisement, in addition to meeting the |
51 | requirements of subsection (3), shall contain the following |
52 | statement in boldfaced type immediately after the heading: |
53 | THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing |
54 | authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE |
55 | TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE. |
56 | 3. The millage newly adopted at this hearing shall not be |
57 | forwarded to the tax collector or property appraiser and may not |
58 | exceed the rate previously adopted. |
59 | 4. If the newly adopted millage is less than the amount |
60 | previously forwarded pursuant to subsection (4), any moneys |
61 | collected in excess of the new levy shall be held in reserve |
62 | until the subsequent fiscal year and shall then be utilized to |
63 | reduce ad valorem taxes otherwise necessary. |
64 | (d) If any county or municipality is in violation of |
65 | subsection (5), s. 200.185, or s. 200.186 because total county |
66 | or municipal ad valorem taxes exceeded the maximum total county |
67 | or municipal ad valorem taxes, respectively, that county shall |
68 | forfeit the distribution of local government half-cent sales tax |
69 | revenues during the 12 months following a determination of |
70 | noncompliance by the Department of Revenue as described in s. |
71 | 218.63(3) and this subsection. If the executive director of the |
72 | Department of Revenue determines that any county or municipality |
73 | may be in violation of subsection (5), s. 200.185, or s. |
74 | 200.186, the Department of Revenue and the county or |
75 | municipality shall follow the procedures set forth in paragraph |
76 | (e). During the pendency of any procedure under paragraph (e) or |
77 | any administrative or judicial action to challenge any action |
78 | taken under this subsection, the tax collector shall hold in |
79 | escrow any revenues collected in excess of the amount allowed by |
80 | subsection (5), s. 200.185, or s. 200.186, as determined by the |
81 | executive director. Such revenues shall be held in escrow until |
82 | the process required by paragraph (e) is completed and approved |
83 | by the department. The department shall direct the tax collector |
84 | to so hold such funds. If the county or municipality remedies |
85 | the noncompliance, any moneys collected in excess of the new |
86 | levy or in excess of the amount allowed by subsection (5), s. |
87 | 200.185, or s. 200.186 shall be held in reserve until the |
88 | subsequent fiscal year, and shall then be used to reduce ad |
89 | valorem taxes otherwise necessary. If the county or municipality |
90 | does not remedy the noncompliance, the provisions of s. 218.63 |
91 | shall apply. |
92 | (e) The following procedures shall be followed when the |
93 | executive director notifies a county or municipality, special |
94 | district dependent thereto, or municipal service taxing unit of |
95 | the county that he or she has determined that it may be in |
96 | violation of subsection (5), s. 200.185, or s. 200.186: |
97 | 1. Within 30 days after the deadline for certification of |
98 | compliance required by s. 200.068, the executive director shall |
99 | notify the taxing authority of his or her determination |
100 | regarding subsection (5), s. 200.185, or s. 200.186 and that it |
101 | is subject to subparagraph 2. |
102 | 2. Any taxing authority so noticed by the executive |
103 | director shall repeat the hearing and notice process required by |
104 | paragraph (2)(d), except that: |
105 | a. The advertisement shall appear within 15 days after |
106 | notice from the executive director. |
107 | b. The advertisement, in addition to meeting the |
108 | requirements of subsection (3), must contain the following |
109 | statement in boldfaced type immediately after the heading: |
110 | THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing |
111 | authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE |
112 | TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE. |
113 | c. The millage newly adopted at this hearing shall not be |
114 | forwarded to the tax collector or property appraiser and may not |
115 | exceed the rate previously adopted or the amount allowed by |
116 | subsection (5), s. 200.185, or s. 200.186. |
117 | d. The determination of the executive director is not |
118 | subject to chapter 120. |
119 | Section 3. Section 200.068, Florida Statutes, is amended |
120 | to read: |
121 | 200.068 Certification of compliance with this |
122 | chapter.--Not later than 30 days following adoption of an |
123 | ordinance or resolution establishing a property tax levy, each |
124 | taxing authority shall certify compliance with the provisions of |
125 | this chapter to the Department of Revenue. In addition to a |
126 | statement of compliance, such certification shall include a copy |
127 | of the ordinance or resolution so adopted; a copy of the |
128 | certification of value showing rolled-back millage and proposed |
129 | millage rates, as provided to the property appraiser pursuant to |
130 | s. 200.065(1) and (2)(b); maximum millage rates calculated |
131 | pursuant to s. 200.065(5), s. 200.185, or s. 200.186, together |
132 | with values and calculations upon which the maximum millage |
133 | rates are based; and a certified copy of the advertisement, as |
134 | published pursuant to s. 200.065(3). In certifying compliance, |
135 | the governing body of the county shall also include a certified |
136 | copy of the notice required under s. 194.037. However, if the |
137 | value adjustment board completes its hearings after the deadline |
138 | for certification under this section, the county shall submit |
139 | such copy to the department not later than 30 days following |
140 | completion of such hearings. |
141 | Section 4. Subsection (3) is added to section 218.63, |
142 | Florida Statutes, to read: |
143 | 218.63 Participation requirements.-- |
144 | (3) A county or municipality may not participate in the |
145 | distribution of local government half-cent sales tax revenues |
146 | during the 12 months following a determination of noncompliance |
147 | by the Department of Revenue as provided in s. 200.065(13)(e). |
148 | Section 5. Subsection (5) of section 193.1142, Florida |
149 | Statutes, is amended to read: |
150 | 193.1142 Approval of assessment rolls.-- |
151 | (5) Whenever an assessment roll submitted to the |
152 | department is returned to the property appraiser for additional |
153 | evaluation, a review notice shall be issued for the express |
154 | purpose of the adjustment provided in s. 200.065(11) s. |
155 | 200.065(10). |
156 | Section 6. Paragraph (f) of subsection (1) of section |
157 | 194.037, Florida Statutes, is amended to read: |
158 | 194.037 Disclosure of tax impact.-- |
159 | (1) After hearing all petitions, complaints, appeals, and |
160 | disputes, the clerk shall make public notice of the findings and |
161 | results of the board in at least a quarter-page size |
162 | advertisement of a standard size or tabloid size newspaper, and |
163 | the headline shall be in a type no smaller than 18 point. The |
164 | advertisement shall not be placed in that portion of the |
165 | newspaper where legal notices and classified advertisements |
166 | appear. The advertisement shall be published in a newspaper of |
167 | general paid circulation in the county. The newspaper selected |
168 | shall be one of general interest and readership in the |
169 | community, and not one of limited subject matter, pursuant to |
170 | chapter 50. The headline shall read: TAX IMPACT OF VALUE |
171 | ADJUSTMENT BOARD. The public notice shall list the members of |
172 | the value adjustment board and the taxing authorities to which |
173 | they are elected. The form shall show, in columnar form, for |
174 | each of the property classes listed under subsection (2), the |
175 | following information, with appropriate column totals: |
176 | (f) In the sixth column, the net shift in taxes to parcels |
177 | not granted relief by the board. The shift shall be computed as |
178 | the amount shown in column 5 multiplied by the applicable |
179 | millage rates adopted by the taxing authorities in hearings held |
180 | pursuant to s. 200.065(2)(d) or adopted by vote of the electors |
181 | pursuant to s. 9(b) or s. 12, Art. VII of the State |
182 | Constitution, but without adjustment as authorized pursuant to |
183 | s. 200.065(6) s. 200.065(5). If for any taxing authority the |
184 | hearing has not been completed at the time the notice required |
185 | herein is prepared, the millage rate used shall be that adopted |
186 | in the hearing held pursuant to s. 200.065(2)(c). |
187 | Section 7. Paragraph (i) of subsection (2) of section |
188 | 1011.71, Florida Statutes, is amended to read: |
189 | 1011.71 District school tax.-- |
190 | (2) In addition to the maximum millage levy as provided in |
191 | subsection (1), each school board may levy not more than 2 mills |
192 | against the taxable value for school purposes for district |
193 | schools, including charter schools at the discretion of the |
194 | school board, to fund: |
195 | (i) Payment of the cost of school buses when a school |
196 | district contracts with a private entity to provide student |
197 | transportation services if the district meets the requirements |
198 | of this paragraph. |
199 | 1. The district's contract must require that the private |
200 | entity purchase, lease-purchase, or lease, and operate and |
201 | maintain, one or more school buses of a specific type and size |
202 | that meet the requirements of s. 1006.25. |
203 | 2. Each such school bus must be used for the daily |
204 | transportation of public school students in the manner required |
205 | by the school district. |
206 | 3. Annual payment for each such school bus may not exceed |
207 | 10 percent of the purchase price of the state pool bid. |
208 | 4. The proposed expenditure of the funds for this purpose |
209 | must have been included in the district school board's notice of |
210 | proposed tax for school capital outlay as provided in s. |
211 | 200.065(10) s. 200.065(9). |
212 |
|
213 | Violations of these expenditure provisions shall result in an |
214 | equal dollar reduction in the Florida Education Finance Program |
215 | (FEFP) funds for the violating district in the fiscal year |
216 | following the audit citation. |
217 | Section 8. Section 200.185, Florida Statutes, is created |
218 | to read: |
219 | 200.185 Maximum millage rates for the 2007-2008 and 2008- |
220 | 2009 fiscal years.-- |
221 | (1) As used in this section, the term: |
222 | (a) "County of special financial concern" means a county |
223 | considered fiscally constrained pursuant to s. 218.67 and for |
224 | which 1 mill will raise less than $100 per capita. |
225 | (b) "Municipality of special financial concern" means a |
226 | municipality within a county of special financial concern or a |
227 | municipality that has been at any time since 2001 in a state of |
228 | financial emergency pursuant to s. 218.503. |
229 | (2)(a) The maximum millage rate that a county, municipal |
230 | service taxing unit of that county, or a special district |
231 | dependent to that county may levy by referendum shall be |
232 | determined as follows: |
233 | 1. For any county of special financial concern for which |
234 | the compound annual growth rate in total county ad valorem taxes |
235 | levied, as defined in s. 200.001, per capita from fiscal year |
236 | 2001-2002 to fiscal year 2006-2007 was no more than 5 percent, |
237 | 100 percent of the rolled-back rate, as calculated under s. |
238 | 200.065; |
239 | 2. For any county not included in subparagraph 1. for |
240 | which the compound annual growth in total county ad valorem |
241 | taxes levied, as defined in s. 200.001, per capita from fiscal |
242 | year 2001-2002 to fiscal year 2006-2007 was no more than 7 |
243 | percent, or, notwithstanding subparagraphs 3., 4., and 5., any |
244 | county that is a county of special financial concern not |
245 | included in subparagraph 1., 97 percent of the rolled-back rate, |
246 | as calculated under s. 200.065; |
247 | 3. For any county for which the compound annual growth in |
248 | total county ad valorem taxes levied, as defined in s. 200.001, |
249 | per capita from fiscal year 2001-2002 to fiscal year 2006-2007 |
250 | was greater than 7 percent but no more than 9 percent, 95 |
251 | percent of the rolled-back rate, as calculated under s. 200.065; |
252 | 4. For any county for which the compound annual growth in |
253 | total county ad valorem taxes levied, as defined in s. 200.001, |
254 | per capita from fiscal year 2001-2002 to fiscal year 2006-2007 |
255 | was greater than 9 percent but no more than 11 percent, 93 |
256 | percent of the rolled-back rate, as calculated under s. 200.065; |
257 | 5. For any county for which the compound annual growth in |
258 | total county ad valorem taxes levied, as defined in s. 200.001, |
259 | per capita from fiscal year 2001-2002 to fiscal year 2006-2007 |
260 | was greater than 11 percent, 91 percent of the rolled-back rate, |
261 | as calculated under s. 200.065; |
262 | (b) The maximum millage rate that may be levied under |
263 | paragraph (a) may be increased to: |
264 | 1. The rolled-back rate, as calculated under s. 200.065, |
265 | if approved by referendum; or |
266 | 2. The nonvoted millage rate that was levied in the 2006- |
267 | 2007 fiscal year, if approved by referendum. |
268 | (c) Upon approval of a maximum rate as provided in |
269 | paragraph (b), a higher rate may be levied if approved by |
270 | referendum. |
271 | (3)(a) The maximum millage rate that a municipality or a |
272 | special district dependent to a municipality may levy by |
273 | referendum shall be determined as follows: |
274 | 1. For any municipality for which the compound annual |
275 | growth in total municipal ad valorem taxes levied, as defined in |
276 | s. 200.001, per capita from fiscal year 2001-2002 to fiscal year |
277 | 2006-2007 was no more than 6 percent, or, for a municipality |
278 | that first levied ad valorem taxes in the 2002-2003 fiscal year, |
279 | 100 percent of the rolled-back rate, as calculated under s. |
280 | 200.065; |
281 | 2. For any municipality for which the compound annual |
282 | growth in total municipal ad valorem taxes levied, as defined in |
283 | s. 200.001, per capita from fiscal year 2001-2002 to fiscal year |
284 | 2006-2007 was greater than 6 percent but no more than 7.5 |
285 | percent, or, notwithstanding subparagraphs 3., 4., and 5., any |
286 | municipality that is a municipality of special financial concern |
287 | not included in subparagraph 1., 97 percent of the rolled-back |
288 | rate, as calculated under s. 200.065; |
289 | 3. For any municipality for which the compound annual |
290 | growth in total municipal ad valorem taxes levied, as defined in |
291 | s. 200.001, per capita from fiscal year 2001-2002 to fiscal year |
292 | 2006-2007 was greater than 7.5 percent but no more than 10.5 |
293 | percent, 95 percent of the rolled-back rate, as calculated under |
294 | s. 200.065; |
295 | 4. For any municipality for which the compound annual |
296 | growth in total municipal ad valorem taxes levied, as defined in |
297 | s. 200.001, per capita from fiscal year 2001-2002 to fiscal year |
298 | 2006-2007 was greater than 10.5 percent but no more than 12.4 |
299 | percent, 93 percent of the rolled-back rate, as calculated under |
300 | s. 200.065; |
301 | 5. For any municipality for which the compound annual |
302 | growth in total municipal ad valorem taxes levied, as defined in |
303 | s. 200.001, per capita from fiscal year 2001-2002 to fiscal year |
304 | 2006-2007 was greater than 12.4 percent, 91 percent of the |
305 | rolled-back rate, as calculated under s. 200.065; |
306 | (b) The maximum millage rate that may be levied under |
307 | paragraph (a) may be increased to: |
308 | 1. The rolled-back rate, as calculated under s. 200.065, |
309 | if approved by referendum; or |
310 | 2. The nonvoted millage rate that was levied in the 2006- |
311 | 2007 fiscal year, if approved by referendum. |
312 | (c) Upon approval of a maximum rate as provided in |
313 | paragraph (b), a higher rate may be levied if approved by |
314 | referendum. |
315 | (4) The maximum millage rate that an independent special |
316 | district may levy by referendum is 97 percent of the rolled-back |
317 | rate, as calculated under s. 200.065. |
318 | (a) The maximum millage rate specified in this subsection |
319 | may be increased to the rolled-back rate if approved by |
320 | referendum. |
321 | (b) The maximum millage rate specified in this subsection |
322 | may be increased to the nonvoted millage rate that was levied in |
323 | the 2006-2007 fiscal year, if approved by referendum. |
324 | (c) Upon approval of a maximum rate in paragraph (b), a |
325 | higher rate may be levied if approved by referendum. |
326 | (5) In the 2008-2009 fiscal year, a county, municipal |
327 | service taxing units of that county, and special districts |
328 | dependent to that county; a municipality and special districts |
329 | dependent to that municipality; and an independent special |
330 | district may levy a maximum millage determined as follows: |
331 | (a) The maximum millage rate that may be levied shall be |
332 | the rolled-back rate calculated pursuant to s. 200.065 and |
333 | adjusted for growth in per capita Florida personal income, |
334 | except that ad valorem tax revenue levied in the 2007-2008 |
335 | fiscal year shall be reduced by any tax revenue resulting from a |
336 | millage rate approved by referendum in excess of the maximum |
337 | rate that could have been levied by referendum as provided in |
338 | this section. |
339 | (b) A rate of not more than 110 percent of the rate in |
340 | paragraph (a) may be levied if approved by referendum. |
341 | (c) A rate in excess of the millage rate allowed in |
342 | paragraph (b) may be levied if approved by referendum. |
343 | (6) Any county or municipality that is in violation of |
344 | this section shall forfeit the distribution of the local |
345 | government half-cent sales tax revenues during the 12 months |
346 | following a determination of noncompliance by the Department of |
347 | Revenue, subject to the conditions provided in ss. 200.065 and |
348 | 218.63. |
349 | (7) On or before July 13, 2007, the executive director of |
350 | the Department of Revenue, after consultation with the Revenue |
351 | Estimating Conference, shall determine and publish on the |
352 | Department of Revenue's website and in the next available issue |
353 | of the Florida Administrative Weekly the compound annual growth |
354 | rate in per capita property tax levies for each county and |
355 | municipality, exclusive of voted levies, calculated from fiscal |
356 | year 2001-2002 through fiscal year 2006-2007, based on the April |
357 | 1 official population estimates of 2001 and 2006, respectively, |
358 | for each jurisdiction pursuant to s. 186.901, exclusive of |
359 | inmate and patient populations. The determination and |
360 | publication made pursuant to this subsection is not subject to |
361 | the provisions of chapter 120. |
362 | (8) The millage rate of a county or municipality, |
363 | municipal service taxing unit of that county, and any special |
364 | district dependent to that county or municipality may exceed in |
365 | any year the maximum millage rate calculated pursuant to this |
366 | section if the total county ad valorem taxes levied or total |
367 | municipal ad valorem taxes levied, as defined in s. 200.001, do |
368 | not exceed the maximum total county ad valorem taxes levied or |
369 | maximum total municipal ad valorem taxes levied, as defined in |
370 | s. 200.001, respectively. Voted millage, as defined in s. |
371 | 200.001, and taxes levied by a municipality or independent |
372 | special district that has levied ad valorem taxes for less than |
373 | 5 years are not subject to the limitation on millage rates |
374 | provided by this section. Total taxes levied may exceed the |
375 | maximum calculated pursuant to this section as a result of an |
376 | increase in taxable value above that certified in s. 200.065(1) |
377 | if such increase is less than the percentage amounts contained |
378 | in s. 200.065(6); however, if such increase in taxable value |
379 | exceeds the percentage amounts contained in s. 200.065(6), |
380 | millage rates subject to this section must be reduced so that |
381 | total taxes levied do not exceed the maximum. |
382 | Section 9. The executive director of the Department of |
383 | Revenue is authorized, and all conditions are deemed met, to |
384 | adopt emergency rules under ss. 120.536(1) and 120.54(4), |
385 | Florida Statutes, for the purpose of implementing this act. |
386 | Notwithstanding any other provision of law, such emergency rules |
387 | shall remain in effect for 18 months after the date of adoption |
388 | and may be renewed during the pendency of procedures to adopt |
389 | rules addressing the subject of the emergency rules. |
390 | Section 10. To the extent that the deadlines and |
391 | timeframes in current law are inconsistent with implementing the |
392 | requirements of this act, the executive director of the |
393 | Department of Revenue may extend the time periods specified by |
394 | statute or rule for the local government millage and budget |
395 | adoption process for the 2007 calendar year. The executive |
396 | director of the Department of Revenue may grant such extensions |
397 | at his or her own initiation or at the written request of a |
398 | local government. Such extensions may not exceed 21 calendar |
399 | days. |
400 | Section 11. For state fiscal years 2007-2008 and 2008- |
401 | 2009, the millage rate levied in 2006 may, at the option of a |
402 | county or municipality, be used for purposes of determining |
403 | fiscal hardship under s. 218.075, Florida Statutes, and |
404 | eligibility under s. 339.2816, Florida Statutes. |
405 | Section 12. Effective August 1, 2007, section 3 of chapter |
406 | 2006-311, Laws of Florida, is repealed. |
407 | Section 13. Section 193.155, Florida Statutes, is amended |
408 | to read: |
409 | 193.155 Homestead assessments.-- |
410 | (1) Homestead property shall be assessed under the |
411 | provisions of s. 4(c), Art. VII of the State Constitution, |
412 | pursuant to s. 27, Art. XII of the State Constitution, at just |
413 | value as of January 1, 1994. Property receiving the homestead |
414 | exemption after January 1, 1994, shall be assessed at just value |
415 | as of January 1 of the year in which the property receives the |
416 | exemption. |
417 | (1) Beginning in 1995, or the year following the year the |
418 | property receives homestead exemption, whichever is later, the |
419 | property shall be reassessed annually on January 1. Any change |
420 | resulting from such reassessment shall not exceed the lower of |
421 | the following: |
422 | (a) Three percent of the assessed value of the property |
423 | for the prior year; or |
424 | (b) The percentage change in the Consumer Price Index for |
425 | All Urban Consumers, U.S. City Average, all items 1967=100, or |
426 | successor reports for the preceding calendar year as initially |
427 | reported by the United States Department of Labor, Bureau of |
428 | Labor Statistics. |
429 | (2) Homestead property shall continue to be assessed under |
430 | the provisions of s. 4(c), Art. VII of the State Constitution, |
431 | pursuant to s. 27, Art. XII of the State Constitution, so long |
432 | as, on January 1 of any year, the sum of the exemption that the |
433 | property would have been entitled to under s. 6(a) through (d), |
434 | Art. VII of the State Constitution, as it existed on December |
435 | 31, 2007, and the difference between the homestead's just value |
436 | and its assessed value determined pursuant to s. 4(c), Art. VII |
437 | of the State Constitution, as it existed on December 31, 2007, |
438 | is greater than the exemption provided in s. 6(a), Art. VII of |
439 | the State Constitution. After the exemption provided in s. 6(a), |
440 | Art. VII of the State Constitution exceeds the sum referred to |
441 | above in any year, the homestead may not be assessed under the |
442 | provisions of s. 4(c), Art. VII of the State Constitution. |
443 | (2) If the assessed value of the property as calculated |
444 | under subsection (1) exceeds the just value, the assessed value |
445 | of the property shall be lowered to the just value of the |
446 | property. |
447 | (3) Except as provided in this subsection, Property |
448 | assessed under this section shall be assessed at just value as |
449 | of January 1 of the year following a change of ownership and is |
450 | not eligible for assessment under this section. Thereafter, the |
451 | annual changes in the assessed value of the property are subject |
452 | to the limitations in subsections (1) and (2). For the purpose |
453 | of this section, a change in ownership means any sale, |
454 | foreclosure, or transfer of legal title or beneficial title in |
455 | equity to any person, except as provided in this subsection. |
456 | There is no change of ownership if: |
457 | (a) Subsequent to the change or transfer, the same person |
458 | is entitled to the homestead exemption as was previously |
459 | entitled and: |
460 | 1. The transfer of title is to correct an error; |
461 | 2. The transfer is between legal and equitable title; or |
462 | 3. The change or transfer is by means of an instrument in |
463 | which the owner is listed as both grantor and grantee of the |
464 | real property and one or more other individuals are additionally |
465 | named as grantee. However, if any individual who is additionally |
466 | named as a grantee applies for a homestead exemption on the |
467 | property, the application shall be considered a change of |
468 | ownership; |
469 | (b) The transfer is between husband and wife, including a |
470 | transfer to a surviving spouse or a transfer due to a |
471 | dissolution of marriage; |
472 | (c) The transfer occurs by operation of law under s. |
473 | 732.4015; or |
474 | (d) Upon the death of the owner, the transfer is between |
475 | the owner and another who is a permanent resident and is legally |
476 | or naturally dependent upon the owner. |
477 | (4)(a) Except as provided in paragraph (b), changes, |
478 | additions, or improvements to homestead property shall be |
479 | assessed at just value as of the first January 1 after the |
480 | changes, additions, or improvements are substantially completed. |
481 | If a change, addition, or improvement to homestead property |
482 | assessed under this section results in failure to meet the |
483 | condition required under subsection (2), the property shall no |
484 | longer qualify for assessment under this section. |
485 | (b) Changes, additions, or improvements that replace all |
486 | or a portion of homestead property damaged or destroyed by |
487 | misfortune or calamity shall not increase the homestead |
488 | property's assessed value when the square footage of the |
489 | homestead property as changed or improved does not exceed 110 |
490 | percent of the square footage of the homestead property before |
491 | the damage or destruction. Additionally, the homestead |
492 | property's assessed value shall not increase if the total square |
493 | footage of the homestead property as changed or improved does |
494 | not exceed 1,500 square feet. Changes, additions, or |
495 | improvements that do not cause the total to exceed 110 percent |
496 | of the total square footage of the homestead property before the |
497 | damage or destruction or that do not cause the total to exceed |
498 | 1,500 total square feet shall be reassessed as provided under |
499 | subsection (1). The homestead property's assessed value shall be |
500 | increased by the just value of that portion of the changed or |
501 | improved homestead property which is in excess of 110 percent of |
502 | the square footage of the homestead property before the damage |
503 | or destruction or of that portion exceeding 1,500 square feet. |
504 | Homestead property damaged or destroyed by misfortune or |
505 | calamity which, after being changed or improved, has a square |
506 | footage of less than 100 percent of the homestead property's |
507 | total square footage before the damage or destruction shall be |
508 | assessed pursuant to subsection (5). This paragraph applies to |
509 | changes, additions, or improvements commenced within 3 years |
510 | after the January 1 following the damage or destruction of the |
511 | homestead. |
512 | (c) Changes, additions, or improvements that replace all |
513 | or a portion of real property that was damaged or destroyed by |
514 | misfortune or calamity shall be assessed upon substantial |
515 | completion as if such damage or destruction had not occurred and |
516 | in accordance with paragraph (b) if the owner of such property: |
517 | 1. Was permanently residing on such property when the |
518 | damage or destruction occurred; |
519 | 2. Was not entitled to receive homestead exemption on such |
520 | property as of January 1 of that year; and |
521 | 3. Applies for and receives homestead exemption on such |
522 | property the following year. |
523 | (d) Changes, additions, or improvements include |
524 | improvements made to common areas or other improvements made to |
525 | property other than to the homestead property by the owner or by |
526 | an owner association, which improvements directly benefit the |
527 | homestead property. Such changes, additions, or improvements |
528 | shall be assessed at just value, and the just value shall be |
529 | apportioned among the parcels benefiting from the improvement. |
530 | (5) When property is destroyed or removed and not |
531 | replaced, the assessed value of the parcel shall be reduced by |
532 | the assessed value attributable to the destroyed or removed |
533 | property. If the destruction or removal of homestead property |
534 | assessed under this section results in failure to meet the |
535 | condition required under subsection (2), the property shall no |
536 | longer qualify for assessment under this section. |
537 | (6) Only property that receives a homestead exemption is |
538 | subject to this section. No portion of property that is assessed |
539 | solely on the basis of character or use pursuant to s. 193.461 |
540 | or s. 193.501, or assessed pursuant to s. 193.505, is subject to |
541 | this section. When property is assessed under s. 193.461, s. |
542 | 193.501, or s. 193.505 and contains a residence under the same |
543 | ownership, the portion of the property consisting of the |
544 | residence and curtilage must be assessed separately, pursuant to |
545 | s. 193.011, for the assessment to be subject to the limitation |
546 | in this section. |
547 | (7) If a person received a homestead exemption limited to |
548 | that person's proportionate interest in real property, the |
549 | provisions of this section apply only to that interest. |
550 | (8) Erroneous assessments of homestead property assessed |
551 | under this section may be corrected in the following manner: |
552 | (a) If errors are made in arriving at any assessment under |
553 | this section due to a material mistake of fact concerning an |
554 | essential characteristic of the property, the just value and |
555 | assessed value must be recalculated for every such year, |
556 | including the year in which the mistake occurred. |
557 | (b) If changes, additions, or improvements are not |
558 | assessed at just value as of the first January 1 after they were |
559 | substantially completed, the property appraiser shall determine |
560 | the just value for such changes, additions, or improvements for |
561 | the year they were substantially completed. Assessments for |
562 | subsequent years shall be corrected, applying this section if |
563 | applicable. |
564 | (c) If back taxes are due pursuant to s. 193.092, the |
565 | corrections made pursuant to this subsection shall be used to |
566 | calculate such back taxes. |
567 | (9) If the property appraiser determines that for any year |
568 | or years within the prior 10 years a person who was not entitled |
569 | to the homestead property assessment limitation granted under |
570 | this section was granted the homestead property assessment |
571 | limitation, the property appraiser making such determination |
572 | shall record in the public records of the county a notice of tax |
573 | lien against any property owned by that person in the county, |
574 | and such property must be identified in the notice of tax lien. |
575 | Such property that is situated in this state is subject to the |
576 | unpaid taxes, plus a penalty of 50 percent of the unpaid taxes |
577 | for each year and 15 percent interest per annum. However, when a |
578 | person entitled to exemption pursuant to s. 196.031 |
579 | inadvertently receives the limitation pursuant to this section |
580 | following a change of ownership, the assessment of such property |
581 | must be corrected as provided in paragraph (8)(a), and the |
582 | person need not pay the unpaid taxes, penalties, or interest. |
583 | Section 14. Section 193.1551, Florida Statutes, is amended |
584 | to read: |
585 | 193.1551 Assessment of certain homestead property damaged |
586 | in 2004 named storms.--Notwithstanding the provisions of s. |
587 | 193.155(4), the assessment at just value for changes, additions, |
588 | or improvements to homestead property assessed under the |
589 | provisions of s. 4(c), Art. VII of the State Constitution, |
590 | pursuant to s. 27, Art. XII of the State Constitution, which was |
591 | rendered uninhabitable in one or more of the named storms of |
592 | 2004 shall be limited to the square footage exceeding 110 |
593 | percent of the homestead property's total square footage. |
594 | Additionally, homes having square footage of 1,350 square feet |
595 | or less which were rendered uninhabitable may rebuild up to |
596 | 1,500 total square feet and the increase in square footage shall |
597 | not be considered as a change, an addition, or an improvement |
598 | that is subject to assessment at just value. The provisions of |
599 | this section are limited to homestead properties in which |
600 | repairs are completed by January 1, 2008, and apply |
601 | retroactively to January 1, 2005. |
602 | Section 15. Subsections (1), (2), (3), and (4) of section |
603 | 196.031, Florida Statutes, are amended to read: |
604 | 196.031 Exemption of homesteads.-- |
605 | (1) Every person who, on January 1, has the legal title or |
606 | beneficial title in equity to real property in this state and |
607 | who resides thereon and in good faith makes the same his or her |
608 | permanent residence, or the permanent residence of another or |
609 | others legally or naturally dependent upon such person, is |
610 | entitled to an exemption from all taxation, except for |
611 | assessments for special benefits, of 75 percent of the just |
612 | value up to $200,000 and 15 percent of the just value from |
613 | $200,001 up to $500,000 up to the assessed valuation of $5,000 |
614 | on the residence and contiguous real property, as defined in s. |
615 | 6, Art. VII of the State Constitution. The $500,000 threshold |
616 | shall be adjusted each year by the percentage change in per |
617 | capita Florida personal income, as defined in s. 200.001. The |
618 | exemption may not be less than $50,000; however, for low-income |
619 | seniors who meet the eligibility criteria under s. 196.075, the |
620 | exemption may not be less than $100,000. Such title may be held |
621 | by the entireties, jointly, or in common with others, and the |
622 | exemption may be apportioned among such of the owners as shall |
623 | reside thereon, as their respective interests shall appear. If |
624 | only one of the owners of an estate held by the entireties or |
625 | held jointly with the right of survivorship resides on the |
626 | property, that owner is allowed an exemption as specified in |
627 | this subsection of up to the assessed valuation of $5,000 on the |
628 | residence and contiguous real property. However, no such |
629 | exemption of more than the amount specified in this subsection |
630 | $5,000 is allowed to any one person or on any one dwelling |
631 | house, except that an exemption up to the amount specified in |
632 | this subsection assessed valuation of $5,000 may be allowed on |
633 | each apartment or mobile home occupied by a tenant-stockholder |
634 | or member of a cooperative corporation and on each condominium |
635 | parcel occupied by its owner. Except for owners of an estate |
636 | held by the entireties or held jointly with the right of |
637 | survivorship, the amount of the exemption may not exceed the |
638 | proportionate assessed valuation of all owners who reside on the |
639 | property. Before such exemption may be granted, the deed or |
640 | instrument shall be recorded in the official records of the |
641 | county in which the property is located. The property appraiser |
642 | may request the applicant to provide additional ownership |
643 | documents to establish title. |
644 | (2) For persons whose homestead property is assessed under |
645 | s. 4(c), Art. VII of the State Constitution, pursuant to s. 27, |
646 | Art. XII of the State Constitution, the exemption provided in |
647 | subsection (1) is limited to the exemption to which they would |
648 | have been entitled under s. 6(a) through (d), Art. VII of the |
649 | State Constitution as it existed on December 31, 2007. |
650 | (3)(2) As used in subsection (1), the term "cooperative |
651 | corporation" means a corporation, whether for profit or not for |
652 | profit, organized for the purpose of owning, maintaining, and |
653 | operating an apartment building or apartment buildings or a |
654 | mobile home park to be occupied by its stockholders or members; |
655 | and the term "tenant-stockholder or member" means an individual |
656 | who is entitled, solely by reason of his or her ownership of |
657 | stock or membership in a cooperative corporation, as evidenced |
658 | in the official records of the office of the clerk of the |
659 | circuit court of the county in which the apartment building is |
660 | located, to occupy for dwelling purposes an apartment in a |
661 | building owned by such corporation or to occupy for dwelling |
662 | purposes a mobile home which is on or a part of a cooperative |
663 | unit. A corporation leasing land for a term of 98 years or more |
664 | for the purpose of maintaining and operating a cooperative |
665 | thereon shall be deemed the owner for purposes of this |
666 | exemption. |
667 | (4)(3)(a) For every person who is entitled to the |
668 | exemption provided in subsection (1), who is a permanent |
669 | resident of this state, and who is 65 years of age or older, the |
670 | exemption is increased to $10,000 of assessed valuation for |
671 | taxes levied by governing bodies of counties, municipalities, |
672 | and special districts. |
673 | (b) For every person who is entitled to the exemption |
674 | provided in subsection (1), who has been a permanent resident of |
675 | this state for the 5 consecutive years prior to claiming the |
676 | exemption under this subsection, and who qualifies for the |
677 | exemption granted pursuant to s. 196.202 as a totally and |
678 | permanently disabled person, the exemption is increased to |
679 | $9,500 of assessed valuation for taxes levied by governing |
680 | bodies of counties, municipalities, and special districts. |
681 | (c) No homestead shall be exempted under both paragraphs |
682 | (a) and (b). In no event shall the combined exemptions of s. |
683 | 196.202 and paragraph (a) or paragraph (b) exceed $10,000. |
684 | (d) For every person who is entitled to the exemption |
685 | provided in subsection (1) and who is a permanent resident of |
686 | this state, the exemption is increased to a total of $25,000 of |
687 | assessed valuation for taxes levied by governing bodies of |
688 | school districts. |
689 | (e) For every person who is entitled to the exemption |
690 | provided in subsection (1) and who is a resident of this state, |
691 | the exemption is increased to a total of $25,000 of assessed |
692 | valuation for levies of taxing authorities other than school |
693 | districts. The exemption provided in subsection (1) does |
694 | However, the increase provided in this paragraph shall not apply |
695 | with respect to the assessment roll of a county unless and until |
696 | the roll of that county has been approved by the executive |
697 | director pursuant to s. 193.1142. |
698 | (4) The property appraisers of the various counties shall |
699 | each year compile a list of taxable property and its value |
700 | removed from the assessment rolls of each school district as a |
701 | result of the excess of exempt value above that amount allowed |
702 | for nonschool levies as provided in subsections (1) and (3), as |
703 | well as a statement of the loss of tax revenue to each school |
704 | district from levies other than the minimum financial effort |
705 | required pursuant to s. 1011.60(6), and shall deliver a copy |
706 | thereof to the Department of Revenue upon certification of the |
707 | assessment roll to the tax collector. |
708 | Section 16. Section 196.002, Florida Statutes, is amended |
709 | to read: |
710 | 196.002 Legislative intent.--For the purposes of |
711 | assessment roll recordkeeping and reporting,: |
712 | (1) The increase in the homestead exemption provided in s. |
713 | 196.031(3)(d) shall be reported separately for those persons |
714 | entitled to exemption under paragraph (a) or paragraph (b) of s. |
715 | 196.031(3) and for those persons entitled to exemption under s. |
716 | 196.031(1) but not under said paragraphs; and |
717 | (2) the exemptions authorized by each provision of this |
718 | chapter shall be reported separately for each category of |
719 | exemption in each such provision, both as to total value |
720 | exempted and as to the number of exemptions granted. |
721 | Section 17. Paragraph (b) of subsection (2) of section |
722 | 197.252, Florida Statutes, is amended to read: |
723 | 197.252 Homestead tax deferral.-- |
724 | (2) |
725 | (b) If the applicant is 65 years of age or older entitled |
726 | to claim the increased exemption by reason of age and residency |
727 | as provided in s. 196.031(3)(a), approval of the application |
728 | shall defer that portion of the ad valorem taxes plus non-ad |
729 | valorem assessments which exceeds 3 percent of the applicant's |
730 | household income for the prior calendar year. If any applicant's |
731 | household income for the prior calendar year is less than |
732 | $10,000, or is less than the amount of the household income |
733 | designated for the additional homestead exemption pursuant to s. |
734 | 196.075, and the applicant is 65 years of age or older, approval |
735 | of the application shall defer the ad valorem taxes plus non-ad |
736 | valorem assessments in their entirety. |
737 | Section 18. Section 196.183, Florida Statutes, is created |
738 | to read: |
739 | 196.183 Exemption for tangible personal property.-- |
740 | (1) Each tangible personal property tax return is eligible |
741 | for an exemption from ad valorem taxation of up to $25,000 of |
742 | assessed value. A single return must be filed for each site in |
743 | the county where the owner of tangible personal property |
744 | transacts business. Owners of freestanding property placed at |
745 | multiple sites, other than sites where the owner transacts |
746 | business, must file a single return, including all such property |
747 | located in the county. Freestanding property placed at multiple |
748 | sites includes vending and amusement machines, LP/propane tanks, |
749 | utility and cable company property, billboards, leased |
750 | equipment, and similar property that is not customarily located |
751 | in the offices, stores, or plants of the owner, but is placed |
752 | throughout the county. Railroads, private carriers, and other |
753 | companies assessed pursuant to s. 193.085 shall be allowed one |
754 | $25,000 exemption for each county to which the value of their |
755 | property is allocated. |
756 | (2) The requirement that an annual tangible personal |
757 | property tax return pursuant to s. 193.052 be filed for |
758 | taxpayers owning taxable property the value of which, as listed |
759 | on the return, does not exceed the exemption provided in this |
760 | section is waived. In order to qualify for this waiver, a |
761 | taxpayer must file an initial return on which the exemption is |
762 | taken. If, in subsequent years, the taxpayer owns taxable |
763 | property the value of which, as listed on the return, exceeds |
764 | the exemption, the taxpayer is obligated to file a return. The |
765 | taxpayer may again qualify for the waiver only after filing a |
766 | return on which the value as listed on the return does not |
767 | exceed the exemption. A return filed or required to be filed |
768 | shall be considered an application filed or required to be filed |
769 | for the exemption under this section. |
770 | (3) The exemption provided in this section does not apply |
771 | in any year a taxpayer fails to file a return that is not waived |
772 | pursuant to subsection (2). Any taxpayer who received a waiver |
773 | pursuant to subsection (2) and who owns taxable property the |
774 | value of which, as listed on the return, exceeds the exemption |
775 | in a subsequent year and who fails to file a return with the |
776 | property appraiser is subject to the penalty contained in s. |
777 | 193.072(1)(a) calculated without the benefit of the exemption |
778 | pursuant to this section. Any taxpayer claiming more exemptions |
779 | than allowed pursuant to subsection (1) is subject to the taxes |
780 | exempted as a result of wrongfully claiming the additional |
781 | exemptions plus 15 percent interest per annum and a penalty of |
782 | 50 percent of the taxes exempted. |
783 | (4) The exemption provided in this section does not apply |
784 | to a mobile home that is presumed to be tangible personal |
785 | property pursuant to s. 193.075(2). |
786 | Section 19. Section 193.017, Florida Statutes, is amended |
787 | to read: |
788 | (Substantial rewording of section. See |
789 | s. 193.017, F.S., for present text.) |
790 | 193.017 Assessment of structural improvements on land |
791 | owned by a community land trust and used to provide affordable |
792 | housing.-- |
793 | (1) As used in this section, the term "community land |
794 | trust" means a nonprofit entity that is qualified as charitable |
795 | under s. 501(c)(3) of the Internal Revenue Code and has as one |
796 | of its purposes the acquisition of land to be held in perpetuity |
797 | for the primary purpose of providing affordable homeownership. |
798 | (2) A community land trust may convey structural |
799 | improvements located on specific parcels of such land which are |
800 | identified by a legal description contained in and subject to a |
801 | ground lease having a term of at least 99 years to natural |
802 | persons or families who meet the extremely-low, very-low, low, |
803 | and moderate income limits, as specified in s. 420.0004, or the |
804 | income limits for workforce housing, as defined in s. |
805 | 420.5095(3). A community land trust shall retain a preemptive |
806 | option to purchase any structural improvements on the land at a |
807 | price determined by a formula specified in the ground lease |
808 | which is designed to ensure that the structural improvements |
809 | remain affordable. |
810 | (3) In arriving at just valuation under s. 193.011, a |
811 | structural improvement that provides affordable housing on land |
812 | owned by a community land trust and subject to a 99-year or |
813 | longer ground lease shall be assessed using the following |
814 | criteria: |
815 | (a) The amount a willing purchaser would pay a willing |
816 | seller shall be limited to the amount determined by the formula |
817 | in the ground lease. |
818 | (b) If the ground lease and all amendments and supplements |
819 | thereto, or a memorandum documenting how such lease and |
820 | amendments or supplements restrict the price at which the |
821 | improvements may be sold, is recorded in the official public |
822 | records of the county in which the leased land is located, the |
823 | recorded lease and any amendments and supplements, or the |
824 | recorded memorandum, shall be deemed a land use regulation |
825 | during the term of the lease as amended or supplemented. |
826 | Section 20. Section 193.803, Florida Statutes, is created |
827 | to read: |
828 | 193.803 Assessment of eligible rental property used for |
829 | workforce and affordable housing; classification.-- |
830 | (1) Upon the property owner's application on a form |
831 | prescribed by the Department of Revenue, the property appraiser |
832 | shall annually classify for assessment purposes all eligible |
833 | property used for workforce rental housing or affordable rental |
834 | housing. Eligibility shall be as provided in this section. |
835 | (2) A property owner whose eligible property is denied |
836 | classification as workforce rental housing or affordable rental |
837 | housing by the property appraiser may appeal to the value |
838 | adjustment board. The property appraiser shall notify the |
839 | property owner in writing of the denial of the workforce rental |
840 | housing or affordable rental housing classification on or before |
841 | July 1 of the year for which the application was filed. The |
842 | written notification must advise the property owner of his or |
843 | her right to appeal the denial of classification to the value |
844 | adjustment board and must contain the deadline for filing an |
845 | appeal. The property appraiser shall have available at his or |
846 | her office a list, by property owner, of all applications for |
847 | classification received, and the list must identify whether or |
848 | not the classification requested was granted. |
849 | (3)(a) Eligible property may not be classified as |
850 | workforce rental housing or affordable rental housing unless an |
851 | application is filed on or before March 1 of each year. Before |
852 | approving a classification, the property appraiser may require |
853 | the property owner to furnish such information as may reasonably |
854 | be required to establish that the property was actually used as |
855 | required by this section. Failure by a property owner to apply |
856 | for classification of eligible property as workforce rental |
857 | housing or affordable rental housing by March 1 constitutes a 1- |
858 | year waiver of the privilege granted under this section for |
859 | workforce rental housing assessment or affordable rental housing |
860 | assessment. However, a property owner who is qualified to |
861 | receive a workforce rental housing classification or an |
862 | affordable rental housing classification but who fails to file |
863 | an application by March 1, may file an application for the |
864 | classification, and may file, under s. 194.011(3), a petition |
865 | with the value adjustment board requesting that the |
866 | classification be granted. The petition may be filed at any time |
867 | during the taxable year on or before the 25th day following the |
868 | mailing of the assessment notice by the property appraiser as |
869 | required under s. 194.011(1). Notwithstanding the provisions of |
870 | s. 194.013, the applicant must pay a nonrefundable fee of $15 |
871 | upon filing the petition. Upon review of the petition, if the |
872 | person is qualified to receive the classification and |
873 | demonstrates particular extenuating circumstances judged by the |
874 | property appraiser or the value adjustment board to warrant |
875 | granting the classification, the property appraiser or the value |
876 | adjustment board may grant the classification. An owner of |
877 | property classified as workforce rental housing or affordable |
878 | rental housing in the previous tax year whose ownership or use |
879 | has not changed may reapply on a short form prescribed by the |
880 | department. A county may, at the request of the property |
881 | appraiser and by a majority vote of its governing body, waive |
882 | the requirement that an annual application or statement be made |
883 | for the renewal of the classification of property within the |
884 | county as workforce rental housing or affordable rental housing |
885 | after an initial classification is granted by the property |
886 | appraiser. Such waiver may be revoked by referendum. |
887 | Notwithstanding such waiver, an application must be refiled when |
888 | any property granted the classification is sold or otherwise |
889 | disposed of, when the ownership changes in any manner, when the |
890 | applicant ceases to use the property as workforce rental housing |
891 | or affordable rental housing, or when the status of the owner |
892 | changes so as to change the classified status of the property. |
893 | (b) For purposes of granting a workforce rental housing or |
894 | affordable rental housing classification for January 1, 2008, |
895 | only, the term "extenuating circumstances" as used in paragraph |
896 | (a) includes the failure of the property owner to return the |
897 | application for classification by March 1, 2008. |
898 | (4) The following types of property are eligible to be |
899 | classified by a property appraiser as workforce rental housing |
900 | or affordable rental housing property, and shall be assessed |
901 | based upon their character and use and as further described in |
902 | this section: |
903 | (a) Property that is funded and rent restricted by the |
904 | United States Department of Housing and Urban Development under |
905 | s. 8 of the United States Housing Act of 1937 and that provides |
906 | affordable housing for eligible persons as defined by s. 159.603 |
907 | or the elderly, extremely-low-income persons, or very-low-income |
908 | persons as specified in s. 420.0004. |
909 | (b) Rental property for multifamily housing, commercial |
910 | fishing workers and farmworkers, families, persons who are |
911 | homeless, or the elderly which is funded and rent restricted by |
912 | the Florida Housing Finance Corporation under s. 420.5087, s. |
913 | 420.5089, s. 420.509, or s. 420.5095, the State Housing |
914 | Initiatives Partnership Program under s. 420.9072, s. 420.9075, |
915 | or s. 42 of the Internal Revenue Code of 1986, 26 U.S.C. s. 42; |
916 | the HOME Investment Partnership Program under the Cranston- |
917 | Gonzalez National Affordable Housing Act, 42 U.S.C. ss. 12741 et |
918 | seq.; or the Federal Home Loan Bank's Affordable Housing Program |
919 | established pursuant to the Financial Institutions Reform, |
920 | Recovery and Enforcement Act of 1989, Pub. L. No. 101-73. |
921 | (c) Multifamily residential rental property of 10 or more |
922 | units which is certified by the local public housing agency as |
923 | having 100 percent of its units used to provide affordable |
924 | housing for extremely-low-income persons, very-low-income |
925 | persons, low-income persons, or moderate-income persons as |
926 | specified in s. 420.0004 and which is subject to a land use |
927 | agreement or other agreement that is recorded in the official |
928 | records of the county in which the property is located and which |
929 | recorded agreement restricts the use of the property to |
930 | affordable housing for a period of at least 20 years. |
931 | (5) The property appraiser shall remove from the |
932 | classification of workforce rental housing or affordable rental |
933 | housing any properties for which the classified use has been |
934 | abandoned or discontinued, the property has been diverted to |
935 | another use, or the participation in and eligibility for the |
936 | programs specified in this section has been terminated. Such |
937 | removed property shall be assessed at just value under s. |
938 | 193.011. |
939 | (6) In years in which the proper application for |
940 | classification as workforce rental housing or affordable rental |
941 | housing has been made and granted, the assessment of such |
942 | property shall be based upon its use as workforce rental housing |
943 | or affordable rental housing and by applying the following |
944 | methodologies, subject to the provisions of subsection (7): |
945 | (a) Property used for workforce rental housing or |
946 | affordable rental housing as described in subsection (4) shall |
947 | be assessed under the income approach using the actual net |
948 | operating income. |
949 | (b) Property used for workforce rental housing and |
950 | affordable rental housing which has received low-income housing |
951 | tax credits from the Florida Housing Finance Corporation under |
952 | s. 420.5099 shall be assessed under the income approach using |
953 | the actual net operating income and the following applies: |
954 | 1. The tax credits granted and the financing generated by |
955 | the tax credits may not be considered as income. |
956 | 2. The actual rental income from rent-restricted units in |
957 | such property shall be used by the property appraiser. |
958 | 3. Any costs paid with the tax credits and costs paid with |
959 | the proceeds from additional financing under chapter 420 may not |
960 | be included as income. |
961 | (7) By April 1 of each year, the property owner must |
962 | provide the property appraiser with a return on a form and in a |
963 | manner prescribed by the Department of Revenue which includes a |
964 | rent roll and an income and expense statement for the preceding |
965 | year. After a review of the rent roll and the income and expense |
966 | statement, the property appraiser may request additional |
967 | information from the property owner as may be reasonably |
968 | required to consider the methodologies in subsection (6). |
969 | Failure to timely provide the property appraiser with the |
970 | requested information, including failure to meet any extension |
971 | that may be granted for the submission of information, shall |
972 | result in an estimated assessment based on the best available |
973 | information instead of an assessment based on the methodologies |
974 | provided in subsection (6). Such assessment shall be deemed to |
975 | be prima facie correct and may be included on the tax roll, and |
976 | taxes may be extended on the tax roll in the same manner as for |
977 | all other taxes. |
978 | (8) It is the duty of the owner of any property used for |
979 | workforce rental housing or affordable rental housing that has |
980 | been granted the classification for assessment under this |
981 | section who is not required to file an annual application or |
982 | statement to notify the property appraiser promptly whenever the |
983 | use of the property, or the status or condition of the owner, |
984 | changes so as to change the classified status of the property. |
985 | If any property owner fails to so notify the property appraiser |
986 | and the property appraiser determines that for any year within |
987 | the prior 10 years the owner was not entitled to receive such |
988 | classification, the owner of the property is subject to the |
989 | taxes otherwise due and owing as a result of such failure plus |
990 | 15 percent interest per annum and a penalty of 50 percent of the |
991 | additional taxes owed. It is the duty of the property appraiser |
992 | making such determination to record in the public records of the |
993 | county in which the rental property is located a notice of tax |
994 | lien against any property owned by that person or entity in the |
995 | county, and such property must be identified in the notice of |
996 | tax lien. Such property is subject to the payment of all taxes |
997 | and penalties. Such lien, when filed, attaches to any property |
998 | identified in the notice of tax lien owned by the person or |
999 | entity that illegally or improperly received the classification. |
1000 | If such person or entity no longer owns property in that county |
1001 | but owns property in another county or counties in the state, |
1002 | the property appraiser shall record in such other county or |
1003 | counties a notice of tax lien identifying the property owned by |
1004 | such person or entity in such county or counties which becomes a |
1005 | lien against the identified property. |
1006 | Section 21. Section 196.1978, Florida Statutes, is amended |
1007 | to read: |
1008 | 196.1978 Affordable housing property exemption.--Property |
1009 | used to provide affordable housing serving eligible persons as |
1010 | defined by s. 159.603(7) and natural persons or families meeting |
1011 | the extremely-low, very-low, low, or moderate persons meeting |
1012 | income limits specified in s. 420.0004 s. 420.0004(8), (10), |
1013 | (11), and (15), which property is owned entirely by a nonprofit |
1014 | entity that which is a corporation not for profit which is |
1015 | qualified as charitable under s. 501(c)(3) of the Internal |
1016 | Revenue Code and which complies with Rev. Proc. 96-32, 1996-1 |
1017 | C.B. 717 or a limited partnership, the sole general partner of |
1018 | which is a corporation not for profit which is qualified as |
1019 | charitable under s. 501(c)(3) of the Internal Revenue Code and |
1020 | which complies with Rev. Proc. 96-32, 1996-1 C.B. 717, shall be |
1021 | considered property owned by an exempt entity and used for a |
1022 | charitable purpose, and those portions of the affordable housing |
1023 | property which provide housing to natural persons or families |
1024 | that meet the extremely-low, very-low, low, or moderate income |
1025 | limits specified individuals with incomes as defined in s. |
1026 | 420.0004 s. 420.0004(10) and (15) shall be exempt from ad |
1027 | valorem taxation to the extent authorized in s. 196.196. All |
1028 | property identified in this section shall comply with the |
1029 | criteria for determination of exempt status to be applied by |
1030 | property appraisers on an annual basis as defined in s. 196.195. |
1031 | The Legislature intends that any property owned by a limited |
1032 | liability company or a limited partnership that which is |
1033 | disregarded as an entity for federal income tax purposes |
1034 | pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be |
1035 | treated as owned by its sole member or sole general partner. The |
1036 | exemption provided in this section also extends to land that is |
1037 | owned by an exempt entity and that is subject to a 99-year or |
1038 | longer ground lease for the purpose of providing affordable |
1039 | homeownership. |
1040 | Section 22. Paragraph (a) of subsection (1) and paragraphs |
1041 | (b) and (c) of subsection (2) of section 192.0105, Florida |
1042 | Statutes, are amended to read: |
1043 | 192.0105 Taxpayer rights.--There is created a Florida |
1044 | Taxpayer's Bill of Rights for property taxes and assessments to |
1045 | guarantee that the rights, privacy, and property of the |
1046 | taxpayers of this state are adequately safeguarded and protected |
1047 | during tax levy, assessment, collection, and enforcement |
1048 | processes administered under the revenue laws of this state. The |
1049 | Taxpayer's Bill of Rights compiles, in one document, brief but |
1050 | comprehensive statements that summarize the rights and |
1051 | obligations of the property appraisers, tax collectors, clerks |
1052 | of the court, local governing boards, the Department of Revenue, |
1053 | and taxpayers. Additional rights afforded to payors of taxes and |
1054 | assessments imposed under the revenue laws of this state are |
1055 | provided in s. 213.015. The rights afforded taxpayers to assure |
1056 | that their privacy and property are safeguarded and protected |
1057 | during tax levy, assessment, and collection are available only |
1058 | insofar as they are implemented in other parts of the Florida |
1059 | Statutes or rules of the Department of Revenue. The rights so |
1060 | guaranteed to state taxpayers in the Florida Statutes and the |
1061 | departmental rules include: |
1062 | (1) THE RIGHT TO KNOW.-- |
1063 | (a) The right to be mailed notice of proposed property |
1064 | taxes and proposed or adopted non-ad valorem assessments (see |
1065 | ss. 194.011(1), 200.065(2)(b) and (d) and (14)(a) (13)(a), and |
1066 | 200.069). The notice must also inform the taxpayer that the |
1067 | final tax bill may contain additional non-ad valorem assessments |
1068 | (see s. 200.069(10)). |
1069 | (2) THE RIGHT TO DUE PROCESS.-- |
1070 | (b) The right to petition the value adjustment board over |
1071 | objections to assessments, denial of exemption, denial of |
1072 | agricultural classification, denial of historic classification, |
1073 | denial of high-water recharge classification, denial of |
1074 | workforce rental housing or affordable rental housing |
1075 | classification, disapproval of tax deferral, and any penalties |
1076 | on deferred taxes imposed for incorrect information willfully |
1077 | filed. Payment of estimated taxes does not preclude the right of |
1078 | the taxpayer to challenge his or her assessment (see ss. |
1079 | 194.011(3), 196.011(6) and (9)(a), 196.151, 196.193(1)(c) and |
1080 | (5), 193.461(2), 193.503(7), 193.625(2), 193.803(2), 197.253(2), |
1081 | 197.301(2), and 197.2301(11)). |
1082 | (c) The right to file a petition for exemption, or |
1083 | agricultural classification, or workforce rental housing or |
1084 | affordable rental housing classification with the value |
1085 | adjustment board when an application deadline is missed, upon |
1086 | demonstration of particular extenuating circumstances for filing |
1087 | late (see ss. 193.461(3)(a), 193.803(3)(a), and 196.011(1), (7), |
1088 | (8), and (9)(c)). |
1089 | Section 23. Subsection (2) of section 193.052, Florida |
1090 | Statutes, is amended to read: |
1091 | 193.052 Preparation and serving of returns.-- |
1092 | (2) No return shall be required for real property the |
1093 | ownership of which is reflected in instruments recorded in the |
1094 | public records of the county in which the property is located, |
1095 | unless otherwise required in this title. In order for land to |
1096 | be considered for agricultural classification under s. 193.461, |
1097 | or high-water recharge classification under s. 193.625, or |
1098 | workforce rental housing or affordable rental housing |
1099 | classification under s. 193.803, an application for |
1100 | classification must be filed on or before March 1 of each year |
1101 | with the property appraiser of the county in which the land is |
1102 | located, except as provided in s. 193.461(3)(a). The application |
1103 | must state that the lands on January 1 of that year were used |
1104 | primarily for bona fide commercial agricultural or high-water |
1105 | recharge purposes or for workforce rental housing or affordable |
1106 | rental housing classified under s. 193.803. |
1107 | Section 24. Paragraph (d) of subsection (3) of section |
1108 | 193.461, Florida Statutes, is amended to read: |
1109 | 193.461 Agricultural lands; classification and assessment; |
1110 | mandated eradication or quarantine program.-- |
1111 | (3) |
1112 | (d) When property receiving an agricultural classification |
1113 | contains a residence under the same ownership, the portion of |
1114 | the property consisting of the residence and curtilage must be |
1115 | assessed separately, pursuant to s. 193.011, to qualify for the |
1116 | assessment limitation set forth in s. 193.155 or to qualify for |
1117 | the homestead exemption under s. 196.031(1). The remaining |
1118 | property may be classified under the provisions of paragraphs |
1119 | (a) and (b). |
1120 | Section 25. Paragraph (d) of subsection (3) of section |
1121 | 194.011, Florida Statutes, is amended to read: |
1122 | 194.011 Assessment notice; objections to assessments.-- |
1123 | (3) A petition to the value adjustment board must be in |
1124 | substantially the form prescribed by the department. |
1125 | Notwithstanding s. 195.022, a county officer may not refuse to |
1126 | accept a form provided by the department for this purpose if the |
1127 | taxpayer chooses to use it. A petition to the value adjustment |
1128 | board shall describe the property by parcel number and shall be |
1129 | filed as follows: |
1130 | (d) The petition may be filed, as to valuation issues, at |
1131 | any time during the taxable year on or before the 25th day |
1132 | following the mailing of notice by the property appraiser as |
1133 | provided in subsection (1). With respect to an issue involving |
1134 | the denial of an exemption, an agricultural or high-water |
1135 | recharge classification application, an application for |
1136 | classification as historic property used for commercial or |
1137 | certain nonprofit purposes, an application for classification as |
1138 | workforce rental housing or affordable rental housing, or a |
1139 | deferral, the petition must be filed at any time during the |
1140 | taxable year on or before the 30th day following the mailing of |
1141 | the notice by the property appraiser under s. 193.461, s. |
1142 | 193.503, s. 193.625, s. 193.803, or s. 196.193 or notice by the |
1143 | tax collector under s. 197.253. |
1144 | Section 26. Subsection (1) of section 195.073, Florida |
1145 | Statutes, is amended to read: |
1146 | 195.073 Classification of property.--All items required by |
1147 | law to be on the assessment rolls must receive a classification |
1148 | based upon the use of the property. The department shall |
1149 | promulgate uniform definitions for all classifications. The |
1150 | department may designate other subclassifications of property. |
1151 | No assessment roll may be approved by the department which does |
1152 | not show proper classifications. |
1153 | (1) Real property must be classified according to the |
1154 | assessment basis of the land into the following classes: |
1155 | (a) Residential, subclassified into categories, one |
1156 | category for homestead property and one for nonhomestead |
1157 | property: |
1158 | 1. Single family. |
1159 | 2. Mobile homes. |
1160 | 3. Multifamily. |
1161 | 4. Condominiums. |
1162 | 5. Cooperatives. |
1163 | 6. Retirement homes. |
1164 | (b) Commercial and industrial. |
1165 | (c) Agricultural. |
1166 | (d) Nonagricultural acreage. |
1167 | (e) High-water recharge. |
1168 | (f) Historic property used for commercial or certain |
1169 | nonprofit purposes. |
1170 | (g) Exempt, wholly or partially. |
1171 | (h) Centrally assessed. |
1172 | (i) Leasehold interests. |
1173 | (j) Time-share property. |
1174 | (k) Workforce rental housing and affordable rental housing |
1175 | property. |
1176 | (l)(k) Other. |
1177 | Section 27. Paragraph (a) of subsection (3) of section |
1178 | 195.096, Florida Statutes, is amended to read: |
1179 | 195.096 Review of assessment rolls.-- |
1180 | (3)(a) Upon completion of review pursuant to paragraph |
1181 | (2)(f), the department shall publish the results of reviews |
1182 | conducted under this section. The results must include all |
1183 | statistical and analytical measures computed under this section |
1184 | for the real property assessment roll as a whole, the personal |
1185 | property assessment roll as a whole, and independently for the |
1186 | following real property classes whenever the classes constituted |
1187 | 5 percent or more of the total assessed value of real property |
1188 | in a county on the previous tax roll: |
1189 | 1. Residential property that consists of one primary |
1190 | living unit, including, but not limited to, single-family |
1191 | residences, condominiums, cooperatives, and mobile homes. |
1192 | 2. Residential property that consists of two or more |
1193 | primary living units. |
1194 | 3. Agricultural, high-water recharge, historic property |
1195 | used for commercial or certain nonprofit purposes, workforce |
1196 | rental housing and affordable rental housing property, and other |
1197 | use-valued property. |
1198 | 4. Vacant lots. |
1199 | 5. Nonagricultural acreage and other undeveloped parcels. |
1200 | 6. Improved commercial and industrial property. |
1201 | 7. Taxable institutional or governmental, utility, locally |
1202 | assessed railroad, oil, gas and mineral land, subsurface rights, |
1203 | and other real property. |
1204 |
|
1205 | When one of the above classes constituted less than 5 percent of |
1206 | the total assessed value of all real property in a county on the |
1207 | previous assessment roll, the department may combine it with one |
1208 | or more other classes of real property for purposes of |
1209 | assessment ratio studies or use the weighted average of the |
1210 | other classes for purposes of calculating the level of |
1211 | assessment for all real property in a county. The department |
1212 | shall also publish such results for any subclassifications of |
1213 | the classes or assessment rolls it may have chosen to study. |
1214 | Section 28. Section 200.186, Florida Statutes, is created |
1215 | to read: |
1216 | 200.186 Maximum millage rates for the 2008-2009 fiscal |
1217 | year.-- |
1218 | (1) In the 2008-2009 fiscal year, a county, municipal |
1219 | service taxing units of that county, and special districts |
1220 | dependent to that county; a municipality and special districts |
1221 | dependent to that municipality; and an independent special |
1222 | district may levy a maximum millage that is determined as |
1223 | follows: |
1224 | (a) The maximum millage rate shall be the rolled-back rate |
1225 | calculated pursuant to s. 200.065 and adjusted for growth in per |
1226 | capita Florida personal income, except that: |
1227 | 1. Ad valorem tax revenue levied in the 2007-2008 fiscal |
1228 | year, as used in the calculation of the rolled-back rate, shall |
1229 | be reduced by any tax revenue resulting from a millage rate |
1230 | approved by referendum in excess of the maximum rate that could |
1231 | have been levied by referendum as provided in s. 200.185; and |
1232 | 2. The taxable value within the jurisdiction of each |
1233 | taxing authority, as used in the calculation of the rolled-back |
1234 | rate, shall be increased by the amount necessary to offset any |
1235 | reduction in taxable value occurring as a result of the |
1236 | amendments to the State Constitution contained in SJR 4B or HJR |
1237 | 3B revising the homestead tax exemption and providing an |
1238 | exemption from ad valorem taxation for tangible personal |
1239 | property. |
1240 | (b) If approved by referendum, a rate may be levied in |
1241 | excess of the rate calculated pursuant to paragraph (a) if the |
1242 | excess is not more than 67 percent of the difference between the |
1243 | rolled-back rate calculated pursuant to s. 200.065, and the rate |
1244 | calculated in paragraph (a). |
1245 | (c) A rate may be levied in excess of the millage rate |
1246 | allowed in paragraph (b) if the rate is approved by referendum. |
1247 |
|
1248 |
|
1249 | ======= T I T L E A M E N D M E N T ======= |
1250 | Remove line(s) 13-15 and insert: |
1251 | year; providing for higher millage rates if approved by |
1252 | referendum; providing certain |