(LATE FILED)Amendment
Bill No. 0001B
Amendment No. 371939
CHAMBER ACTION
Senate House
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1Representative(s) Kreegel offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 322-1586 and insert:
5if approved by referendum; or
6     2.  A rate in excess of 110 percent may be adopted if
7approved by referendum.
8     (b)  The millage rate of a county or municipality,
9municipal service taxing unit of that county, and any special
10district dependent to that county or municipality may exceed in
11any year the maximum millage rate calculated pursuant to this
12subsection if the total county ad valorem taxes levied or total
13municipal ad valorem taxes levied, as defined in s. 200.001, do
14not exceed the maximum total county ad valorem taxes levied or
15maximum total municipal ad valorem taxes levied, as defined in
16s. 200.001, respectively. Voted millage as defined in this
17chapter and taxes levied by a municipality or independent
18special district that has levied ad valorem taxes for less than
195 years are not subject to the limitation on millage rates
20provided by this subsection. Total taxes levied may exceed the
21maximum calculated pursuant to subsection (6) as a result of an
22increase in taxable value above that certified in subsection (1)
23if such increase is less than the percentage amounts contained
24in subsection (6); however, if such increase in taxable value
25exceeds the percentage amounts contained in this subsection,
26millage rates subject to subsection (6), s. 200.185, or s.
27200.186 must be reduced so that total taxes levied do not exceed
28the maximum.
29     (13)(12)(a)  Any taxing authority in violation of this
30section, other than subsection (5), shall be subject to
31forfeiture of state funds otherwise available to it for the 12
32months following a determination of noncompliance by the
33Department of Revenue appropriate state agency.
34     (b)  Within 30 days of the deadline for certification of
35compliance required by s. 200.068, the department shall notify
36any taxing authority in violation of this section, other than
37subsection (5), that it is subject to paragraph (c). Except for
38revenues from voted levies or levies imposed pursuant to s.
391011.60(6), the revenues of any taxing authority in violation of
40this section, other than subsection (5), collected in excess of
41the rolled-back rate shall be held in escrow until the process
42required by paragraph (c) is completed and approved by the
43department. The department shall direct the tax collector to so
44hold such funds.
45     (c)  Any taxing authority so noticed by the department
46shall repeat the hearing and notice process required by
47paragraph (2)(d), except that:
48     1.  The advertisement shall appear within 15 days of notice
49from the department.
50     2.  The advertisement, in addition to meeting the
51requirements of subsection (3), shall contain the following
52statement in boldfaced type immediately after the heading:
53     THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing
54authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE
55TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE.
56     3.  The millage newly adopted at this hearing shall not be
57forwarded to the tax collector or property appraiser and may not
58exceed the rate previously adopted.
59     4.  If the newly adopted millage is less than the amount
60previously forwarded pursuant to subsection (4), any moneys
61collected in excess of the new levy shall be held in reserve
62until the subsequent fiscal year and shall then be utilized to
63reduce ad valorem taxes otherwise necessary.
64     (d)  If any county or municipality is in violation of
65subsection (5), s. 200.185, or s. 200.186 because total county
66or municipal ad valorem taxes exceeded the maximum total county
67or municipal ad valorem taxes, respectively, that county shall
68forfeit the distribution of local government half-cent sales tax
69revenues during the 12 months following a determination of
70noncompliance by the Department of Revenue as described in s.
71218.63(3) and this subsection. If the executive director of the
72Department of Revenue determines that any county or municipality
73may be in violation of subsection (5), s. 200.185, or s.
74200.186, the Department of Revenue and the county or
75municipality shall follow the procedures set forth in paragraph
76(e). During the pendency of any procedure under paragraph (e) or
77any administrative or judicial action to challenge any action
78taken under this subsection, the tax collector shall hold in
79escrow any revenues collected in excess of the amount allowed by
80subsection (5), s. 200.185, or s. 200.186, as determined by the
81executive director. Such revenues shall be held in escrow until
82the process required by paragraph (e) is completed and approved
83by the department. The department shall direct the tax collector
84to so hold such funds. If the county or municipality remedies
85the noncompliance, any moneys collected in excess of the new
86levy or in excess of the amount allowed by subsection (5), s.
87200.185, or s. 200.186 shall be held in reserve until the
88subsequent fiscal year, and shall then be used to reduce ad
89valorem taxes otherwise necessary. If the county or municipality
90does not remedy the noncompliance, the provisions of s. 218.63
91shall apply.
92     (e)  The following procedures shall be followed when the
93executive director notifies a county or municipality, special
94district dependent thereto, or municipal service taxing unit of
95the county that he or she has determined that it may be in
96violation of subsection (5), s. 200.185, or s. 200.186:
97     1.  Within 30 days after the deadline for certification of
98compliance required by s. 200.068, the executive director shall
99notify the taxing authority of his or her determination
100regarding subsection (5), s. 200.185, or s. 200.186 and that it
101is subject to subparagraph 2.
102     2.  Any taxing authority so noticed by the executive
103director shall repeat the hearing and notice process required by
104paragraph (2)(d), except that:
105     a.  The advertisement shall appear within 15 days after
106notice from the executive director.
107     b.  The advertisement, in addition to meeting the
108requirements of subsection (3), must contain the following
109statement in boldfaced type immediately after the heading:
110     THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing
111authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE
112TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE.
113     c.  The millage newly adopted at this hearing shall not be
114forwarded to the tax collector or property appraiser and may not
115exceed the rate previously adopted or the amount allowed by
116subsection (5), s. 200.185, or s. 200.186.
117     d.  The determination of the executive director is not
118subject to chapter 120.
119     Section 3.  Section 200.068, Florida Statutes, is amended
120to read:
121     200.068  Certification of compliance with this
122chapter.--Not later than 30 days following adoption of an
123ordinance or resolution establishing a property tax levy, each
124taxing authority shall certify compliance with the provisions of
125this chapter to the Department of Revenue.  In addition to a
126statement of compliance, such certification shall include a copy
127of the ordinance or resolution so adopted; a copy of the
128certification of value showing rolled-back millage and proposed
129millage rates, as provided to the property appraiser pursuant to
130s. 200.065(1) and (2)(b); maximum millage rates calculated
131pursuant to s. 200.065(5), s. 200.185, or s. 200.186, together
132with values and calculations upon which the maximum millage
133rates are based; and a certified copy of the advertisement, as
134published pursuant to s. 200.065(3). In certifying compliance,
135the governing body of the county shall also include a certified
136copy of the notice required under s. 194.037. However, if the
137value adjustment board completes its hearings after the deadline
138for certification under this section, the county shall submit
139such copy to the department not later than 30 days following
140completion of such hearings.
141     Section 4.  Subsection (3) is added to section 218.63,
142Florida Statutes, to read:
143     218.63  Participation requirements.--
144     (3)  A county or municipality may not participate in the
145distribution of local government half-cent sales tax revenues
146during the 12 months following a determination of noncompliance
147by the Department of Revenue as provided in s. 200.065(13)(e).
148     Section 5.  Subsection (5) of section 193.1142, Florida
149Statutes, is amended to read:
150     193.1142  Approval of assessment rolls.--
151     (5)  Whenever an assessment roll submitted to the
152department is returned to the property appraiser for additional
153evaluation, a review notice shall be issued for the express
154purpose of the adjustment provided in s. 200.065(11) s.
155200.065(10).
156     Section 6.  Paragraph (f) of subsection (1) of section
157194.037, Florida Statutes, is amended to read:
158     194.037  Disclosure of tax impact.--
159     (1)  After hearing all petitions, complaints, appeals, and
160disputes, the clerk shall make public notice of the findings and
161results of the board in at least a quarter-page size
162advertisement of a standard size or tabloid size newspaper, and
163the headline shall be in a type no smaller than 18 point. The
164advertisement shall not be placed in that portion of the
165newspaper where legal notices and classified advertisements
166appear. The advertisement shall be published in a newspaper of
167general paid circulation in the county. The newspaper selected
168shall be one of general interest and readership in the
169community, and not one of limited subject matter, pursuant to
170chapter 50.  The headline shall read: TAX IMPACT OF VALUE
171ADJUSTMENT BOARD. The public notice shall list the members of
172the value adjustment board and the taxing authorities to which
173they are elected. The form shall show, in columnar form, for
174each of the property classes listed under subsection (2), the
175following information, with appropriate column totals:
176     (f)  In the sixth column, the net shift in taxes to parcels
177not granted relief by the board. The shift shall be computed as
178the amount shown in column 5 multiplied by the applicable
179millage rates adopted by the taxing authorities in hearings held
180pursuant to s. 200.065(2)(d) or adopted by vote of the electors
181pursuant to s. 9(b) or s. 12, Art. VII of the State
182Constitution, but without adjustment as authorized pursuant to
183s. 200.065(6) s. 200.065(5). If for any taxing authority the
184hearing has not been completed at the time the notice required
185herein is prepared, the millage rate used shall be that adopted
186in the hearing held pursuant to s. 200.065(2)(c).
187     Section 7.  Paragraph (i) of subsection (2) of section
1881011.71, Florida Statutes, is amended to read:
189     1011.71  District school tax.--
190     (2)  In addition to the maximum millage levy as provided in
191subsection (1), each school board may levy not more than 2 mills
192against the taxable value for school purposes for district
193schools, including charter schools at the discretion of the
194school board, to fund:
195     (i)  Payment of the cost of school buses when a school
196district contracts with a private entity to provide student
197transportation services if the district meets the requirements
198of this paragraph.
199     1.  The district's contract must require that the private
200entity purchase, lease-purchase, or lease, and operate and
201maintain, one or more school buses of a specific type and size
202that meet the requirements of s. 1006.25.
203     2.  Each such school bus must be used for the daily
204transportation of public school students in the manner required
205by the school district.
206     3.  Annual payment for each such school bus may not exceed
20710 percent of the purchase price of the state pool bid.
208     4.  The proposed expenditure of the funds for this purpose
209must have been included in the district school board's notice of
210proposed tax for school capital outlay as provided in s.
211200.065(10) s. 200.065(9).
212
213Violations of these expenditure provisions shall result in an
214equal dollar reduction in the Florida Education Finance Program
215(FEFP) funds for the violating district in the fiscal year
216following the audit citation.
217     Section 8.  Section 200.185, Florida Statutes, is created
218to read:
219     200.185  Maximum millage rates for the 2007-2008 and 2008-
2202009 fiscal years.--
221     (1)  As used in this section, the term:
222     (a)  "County of special financial concern" means a county
223considered fiscally constrained pursuant to s. 218.67 and for
224which 1 mill will raise less than $100 per capita.
225     (b)  "Municipality of special financial concern" means a
226municipality within a county of special financial concern or a
227municipality that has been at any time since 2001 in a state of
228financial emergency pursuant to s. 218.503.
229     (2)(a)  The maximum millage rate that a county, municipal
230service taxing unit of that county, or a special district
231dependent to that county may levy by referendum shall be
232determined as follows:
233     1.  For any county of special financial concern for which
234the compound annual growth rate in total county ad valorem taxes
235levied, as defined in s. 200.001, per capita from fiscal year
2362001-2002 to fiscal year 2006-2007 was no more than 5 percent,
237100 percent of the rolled-back rate, as calculated under s.
238200.065;
239     2.  For any county not included in subparagraph 1. for
240which the compound annual growth in total county ad valorem
241taxes levied, as defined in s. 200.001, per capita from fiscal
242year 2001-2002 to fiscal year 2006-2007 was no more than 7
243percent, or, notwithstanding subparagraphs 3., 4., and 5., any
244county that is a county of special financial concern not
245included in subparagraph 1., 97 percent of the rolled-back rate,
246as calculated under s. 200.065;
247     3.  For any county for which the compound annual growth in
248total county ad valorem taxes levied, as defined in s. 200.001,
249per capita from fiscal year 2001-2002 to fiscal year 2006-2007
250was greater than 7 percent but no more than 9 percent, 95
251percent of the rolled-back rate, as calculated under s. 200.065;
252     4.  For any county for which the compound annual growth in
253total county ad valorem taxes levied, as defined in s. 200.001,
254per capita from fiscal year 2001-2002 to fiscal year 2006-2007
255was greater than 9 percent but no more than 11 percent, 93
256percent of the rolled-back rate, as calculated under s. 200.065;
257     5.  For any county for which the compound annual growth in
258total county ad valorem taxes levied, as defined in s. 200.001,
259per capita from fiscal year 2001-2002 to fiscal year 2006-2007
260was greater than 11 percent, 91 percent of the rolled-back rate,
261as calculated under s. 200.065;
262     (b)  The maximum millage rate that may be levied under
263paragraph (a) may be increased to:
264     1.  The rolled-back rate, as calculated under s. 200.065,
265if approved by referendum; or
266     2.  The nonvoted millage rate that was levied in the 2006-
2672007 fiscal year, if approved by referendum.
268     (c)  Upon approval of a maximum rate as provided in
269paragraph (b), a higher rate may be levied if approved by
270referendum.
271     (3)(a)  The maximum millage rate that a municipality or a
272special district dependent to a municipality may levy by
273referendum shall be determined as follows:
274     1.  For any municipality for which the compound annual
275growth in total municipal ad valorem taxes levied, as defined in
276s. 200.001, per capita from fiscal year 2001-2002 to fiscal year
2772006-2007 was no more than 6 percent, or, for a municipality
278that first levied ad valorem taxes in the 2002-2003 fiscal year,
279100 percent of the rolled-back rate, as calculated under s.
280200.065;
281     2.  For any municipality for which the compound annual
282growth in total municipal ad valorem taxes levied, as defined in
283s. 200.001, per capita from fiscal year 2001-2002 to fiscal year
2842006-2007 was greater than 6 percent but no more than 7.5
285percent, or, notwithstanding subparagraphs 3., 4., and 5., any
286municipality that is a municipality of special financial concern
287not included in subparagraph 1., 97 percent of the rolled-back
288rate, as calculated under s. 200.065;
289     3.  For any municipality for which the compound annual
290growth in total municipal ad valorem taxes levied, as defined in
291s. 200.001, per capita from fiscal year 2001-2002 to fiscal year
2922006-2007 was greater than 7.5 percent but no more than 10.5
293percent, 95 percent of the rolled-back rate, as calculated under
294s. 200.065;
295     4.  For any municipality for which the compound annual
296growth in total municipal ad valorem taxes levied, as defined in
297s. 200.001, per capita from fiscal year 2001-2002 to fiscal year
2982006-2007 was greater than 10.5 percent but no more than 12.4
299percent, 93 percent of the rolled-back rate, as calculated under
300s. 200.065;
301     5.  For any municipality for which the compound annual
302growth in total municipal ad valorem taxes levied, as defined in
303s. 200.001, per capita from fiscal year 2001-2002 to fiscal year
3042006-2007 was greater than 12.4 percent, 91 percent of the
305rolled-back rate, as calculated under s. 200.065;
306     (b)  The maximum millage rate that may be levied under
307paragraph (a) may be increased to:
308     1.  The rolled-back rate, as calculated under s. 200.065,
309if approved by referendum; or
310     2.  The nonvoted millage rate that was levied in the 2006-
3112007 fiscal year, if approved by referendum.
312     (c)  Upon approval of a maximum rate as provided in
313paragraph (b), a higher rate may be levied if approved by
314referendum.
315     (4)  The maximum millage rate that an independent special
316district may levy by referendum is 97 percent of the rolled-back
317rate, as calculated under s. 200.065.
318     (a)  The maximum millage rate specified in this subsection
319may be increased to the rolled-back rate if approved by
320referendum.
321     (b)  The maximum millage rate specified in this subsection
322may be increased to the nonvoted millage rate that was levied in
323the 2006-2007 fiscal year, if approved by referendum.
324     (c)  Upon approval of a maximum rate in paragraph (b), a
325higher rate may be levied if approved by referendum.
326     (5)  In the 2008-2009 fiscal year, a county, municipal
327service taxing units of that county, and special districts
328dependent to that county; a municipality and special districts
329dependent to that municipality; and an independent special
330district may levy a maximum millage determined as follows:
331     (a)  The maximum millage rate that may be levied shall be
332the rolled-back rate calculated pursuant to s. 200.065 and
333adjusted for growth in per capita Florida personal income,
334except that ad valorem tax revenue levied in the 2007-2008
335fiscal year shall be reduced by any tax revenue resulting from a
336millage rate approved by referendum in excess of the maximum
337rate that could have been levied by referendum as provided in
338this section.
339     (b)  A rate of not more than 110 percent of the rate in
340paragraph (a) may be levied if approved by referendum.
341     (c)  A rate in excess of the millage rate allowed in
342paragraph (b) may be levied if approved by referendum.
343     (6)  Any county or municipality that is in violation of
344this section shall forfeit the distribution of the local
345government half-cent sales tax revenues during the 12 months
346following a determination of noncompliance by the Department of
347Revenue, subject to the conditions provided in ss. 200.065 and
348218.63.
349     (7)  On or before July 13, 2007, the executive director of
350the Department of Revenue, after consultation with the Revenue
351Estimating Conference, shall determine and publish on the
352Department of Revenue's website and in the next available issue
353of the Florida Administrative Weekly the compound annual growth
354rate in per capita property tax levies for each county and
355municipality, exclusive of voted levies, calculated from fiscal
356year 2001-2002 through fiscal year 2006-2007, based on the April
3571 official population estimates of 2001 and 2006, respectively,
358for each jurisdiction pursuant to s. 186.901, exclusive of
359inmate and patient populations. The determination and
360publication made pursuant to this subsection is not subject to
361the provisions of chapter 120.
362     (8)  The millage rate of a county or municipality,
363municipal service taxing unit of that county, and any special
364district dependent to that county or municipality may exceed in
365any year the maximum millage rate calculated pursuant to this
366section if the total county ad valorem taxes levied or total
367municipal ad valorem taxes levied, as defined in s. 200.001, do
368not exceed the maximum total county ad valorem taxes levied or
369maximum total municipal ad valorem taxes levied, as defined in
370s. 200.001, respectively. Voted millage, as defined in s.
371200.001, and taxes levied by a municipality or independent
372special district that has levied ad valorem taxes for less than
3735 years are not subject to the limitation on millage rates
374provided by this section. Total taxes levied may exceed the
375maximum calculated pursuant to this section as a result of an
376increase in taxable value above that certified in s. 200.065(1)
377if such increase is less than the percentage amounts contained
378in s. 200.065(6); however, if such increase in taxable value
379exceeds the percentage amounts contained in s. 200.065(6),
380millage rates subject to this section must be reduced so that
381total taxes levied do not exceed the maximum.
382     Section 9.  The executive director of the Department of
383Revenue is authorized, and all conditions are deemed met, to
384adopt emergency rules under ss. 120.536(1) and 120.54(4),
385Florida Statutes, for the purpose of implementing this act.
386Notwithstanding any other provision of law, such emergency rules
387shall remain in effect for 18 months after the date of adoption
388and may be renewed during the pendency of procedures to adopt
389rules addressing the subject of the emergency rules.
390     Section 10.  To the extent that the deadlines and
391timeframes in current law are inconsistent with implementing the
392requirements of this act, the executive director of the
393Department of Revenue may extend the time periods specified by
394statute or rule for the local government millage and budget
395adoption process for the 2007 calendar year. The executive
396director of the Department of Revenue may grant such extensions
397at his or her own initiation or at the written request of a
398local government. Such extensions may not exceed 21 calendar
399days.
400     Section 11.  For state fiscal years 2007-2008 and 2008-
4012009, the millage rate levied in 2006 may, at the option of a
402county or municipality, be used for purposes of determining
403fiscal hardship under s. 218.075, Florida Statutes, and
404eligibility under s. 339.2816, Florida Statutes.
405     Section 12.  Effective August 1, 2007, section 3 of chapter
4062006-311, Laws of Florida, is repealed.
407     Section 13.  Section 193.155, Florida Statutes, is amended
408to read:
409     193.155  Homestead assessments.--
410     (1)  Homestead property shall be assessed under the
411provisions of s. 4(c), Art. VII of the State Constitution,
412pursuant to s. 27, Art. XII of the State Constitution, at just
413value as of January 1, 1994. Property receiving the homestead
414exemption after January 1, 1994, shall be assessed at just value
415as of January 1 of the year in which the property receives the
416exemption.
417     (1)  Beginning in 1995, or the year following the year the
418property receives homestead exemption, whichever is later, the
419property shall be reassessed annually on January 1. Any change
420resulting from such reassessment shall not exceed the lower of
421the following:
422     (a)  Three percent of the assessed value of the property
423for the prior year; or
424     (b)  The percentage change in the Consumer Price Index for
425All Urban Consumers, U.S. City Average, all items 1967=100, or
426successor reports for the preceding calendar year as initially
427reported by the United States Department of Labor, Bureau of
428Labor Statistics.
429     (2)  Homestead property shall continue to be assessed under
430the provisions of s. 4(c), Art. VII of the State Constitution,
431pursuant to s. 27, Art. XII of the State Constitution, so long
432as, on January 1 of any year, the sum of the exemption that the
433property would have been entitled to under s. 6(a) through (d),
434Art. VII of the State Constitution, as it existed on December
43531, 2007, and the difference between the homestead's just value
436and its assessed value determined pursuant to s. 4(c), Art. VII
437of the State Constitution, as it existed on December 31, 2007,
438is greater than the exemption provided in s. 6(a), Art. VII of
439the State Constitution. After the exemption provided in s. 6(a),
440Art. VII of the State Constitution exceeds the sum referred to
441above in any year, the homestead may not be assessed under the
442provisions of s. 4(c), Art. VII of the State Constitution.
443     (2)  If the assessed value of the property as calculated
444under subsection (1) exceeds the just value, the assessed value
445of the property shall be lowered to the just value of the
446property.
447     (3)  Except as provided in this subsection, Property
448assessed under this section shall be assessed at just value as
449of January 1 of the year following a change of ownership and is
450not eligible for assessment under this section. Thereafter, the
451annual changes in the assessed value of the property are subject
452to the limitations in subsections (1) and (2). For the purpose
453of this section, a change in ownership means any sale,
454foreclosure, or transfer of legal title or beneficial title in
455equity to any person, except as provided in this subsection.
456There is no change of ownership if:
457     (a)  Subsequent to the change or transfer, the same person
458is entitled to the homestead exemption as was previously
459entitled 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
463which the owner is listed as both grantor and grantee of the
464real property and one or more other individuals are additionally
465named as grantee. However, if any individual who is additionally
466named as a grantee applies for a homestead exemption on the
467property, the application shall be considered a change of
468ownership;
469     (b)  The transfer is between husband and wife, including a
470transfer to a surviving spouse or a transfer due to a
471dissolution of marriage;
472     (c)  The transfer occurs by operation of law under s.
473732.4015; or
474     (d)  Upon the death of the owner, the transfer is between
475the owner and another who is a permanent resident and is legally
476or naturally dependent upon the owner.
477     (4)(a)  Except as provided in paragraph (b), changes,
478additions, or improvements to homestead property shall be
479assessed at just value as of the first January 1 after the
480changes, additions, or improvements are substantially completed.
481If a change, addition, or improvement to homestead property
482assessed under this section results in failure to meet the
483condition required under subsection (2), the property shall no
484longer qualify for assessment under this section.
485     (b)  Changes, additions, or improvements that replace all
486or a portion of homestead property damaged or destroyed by
487misfortune or calamity shall not increase the homestead
488property's assessed value when the square footage of the
489homestead property as changed or improved does not exceed 110
490percent of the square footage of the homestead property before
491the damage or destruction. Additionally, the homestead
492property's assessed value shall not increase if the total square
493footage of the homestead property as changed or improved does
494not exceed 1,500 square feet. Changes, additions, or
495improvements that do not cause the total to exceed 110 percent
496of the total square footage of the homestead property before the
497damage or destruction or that do not cause the total to exceed
4981,500 total square feet shall be reassessed as provided under
499subsection (1). The homestead property's assessed value shall be
500increased by the just value of that portion of the changed or
501improved homestead property which is in excess of 110 percent of
502the square footage of the homestead property before the damage
503or destruction or of that portion exceeding 1,500 square feet.
504Homestead property damaged or destroyed by misfortune or
505calamity which, after being changed or improved, has a square
506footage of less than 100 percent of the homestead property's
507total square footage before the damage or destruction shall be
508assessed pursuant to subsection (5). This paragraph applies to
509changes, additions, or improvements commenced within 3 years
510after the January 1 following the damage or destruction of the
511homestead.
512     (c)  Changes, additions, or improvements that replace all
513or a portion of real property that was damaged or destroyed by
514misfortune or calamity shall be assessed upon substantial
515completion as if such damage or destruction had not occurred and
516in accordance with paragraph (b) if the owner of such property:
517     1.  Was permanently residing on such property when the
518damage or destruction occurred;
519     2.  Was not entitled to receive homestead exemption on such
520property as of January 1 of that year; and
521     3.  Applies for and receives homestead exemption on such
522property the following year.
523     (d)  Changes, additions, or improvements include
524improvements made to common areas or other improvements made to
525property other than to the homestead property by the owner or by
526an owner association, which improvements directly benefit the
527homestead property. Such changes, additions, or improvements
528shall be assessed at just value, and the just value shall be
529apportioned among the parcels benefiting from the improvement.
530     (5)  When property is destroyed or removed and not
531replaced, the assessed value of the parcel shall be reduced by
532the assessed value attributable to the destroyed or removed
533property. If the destruction or removal of homestead property
534assessed under this section results in failure to meet the
535condition required under subsection (2), the property shall no
536longer qualify for assessment under this section.
537     (6)  Only property that receives a homestead exemption is
538subject to this section. No portion of property that is assessed
539solely on the basis of character or use pursuant to s. 193.461
540or s. 193.501, or assessed pursuant to s. 193.505, is subject to
541this section. When property is assessed under s. 193.461, s.
542193.501, or s. 193.505 and contains a residence under the same
543ownership, the portion of the property consisting of the
544residence and curtilage must be assessed separately, pursuant to
545s. 193.011, for the assessment to be subject to the limitation
546in this section.
547     (7)  If a person received a homestead exemption limited to
548that person's proportionate interest in real property, the
549provisions of this section apply only to that interest.
550     (8)  Erroneous assessments of homestead property assessed
551under this section may be corrected in the following manner:
552     (a)  If errors are made in arriving at any assessment under
553this section due to a material mistake of fact concerning an
554essential characteristic of the property, the just value and
555assessed value must be recalculated for every such year,
556including the year in which the mistake occurred.
557     (b)  If changes, additions, or improvements are not
558assessed at just value as of the first January 1 after they were
559substantially completed, the property appraiser shall determine
560the just value for such changes, additions, or improvements for
561the year they were substantially completed. Assessments for
562subsequent years shall be corrected, applying this section if
563applicable.
564     (c)  If back taxes are due pursuant to s. 193.092, the
565corrections made pursuant to this subsection shall be used to
566calculate such back taxes.
567     (9)  If the property appraiser determines that for any year
568or years within the prior 10 years a person who was not entitled
569to the homestead property assessment limitation granted under
570this section was granted the homestead property assessment
571limitation, the property appraiser making such determination
572shall record in the public records of the county a notice of tax
573lien against any property owned by that person in the county,
574and such property must be identified in the notice of tax lien.
575Such property that is situated in this state is subject to the
576unpaid taxes, plus a penalty of 50 percent of the unpaid taxes
577for each year and 15 percent interest per annum. However, when a
578person entitled to exemption pursuant to s. 196.031
579inadvertently receives the limitation pursuant to this section
580following a change of ownership, the assessment of such property
581must be corrected as provided in paragraph (8)(a), and the
582person need not pay the unpaid taxes, penalties, or interest.
583     Section 14.  Section 193.1551, Florida Statutes, is amended
584to read:
585     193.1551  Assessment of certain homestead property damaged
586in 2004 named storms.--Notwithstanding the provisions of s.
587193.155(4), the assessment at just value for changes, additions,
588or improvements to homestead property assessed under the
589provisions of s. 4(c), Art. VII of the State Constitution,
590pursuant to s. 27, Art. XII of the State Constitution, which was
591rendered uninhabitable in one or more of the named storms of
5922004 shall be limited to the square footage exceeding 110
593percent of the homestead property's total square footage.
594Additionally, homes having square footage of 1,350 square feet
595or less which were rendered uninhabitable may rebuild up to
5961,500 total square feet and the increase in square footage shall
597not be considered as a change, an addition, or an improvement
598that is subject to assessment at just value. The provisions of
599this section are limited to homestead properties in which
600repairs are completed by January 1, 2008, and apply
601retroactively to January 1, 2005.
602     Section 15.  Subsections (1), (2), (3), and (4) of section
603196.031, 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
606beneficial title in equity to real property in this state and
607who resides thereon and in good faith makes the same his or her
608permanent residence, or the permanent residence of another or
609others legally or naturally dependent upon such person, is
610entitled to an exemption from all taxation, except for
611assessments for special benefits, of 75 percent of the just
612value 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
614on the residence and contiguous real property, as defined in s.
6156, Art. VII of the State Constitution. The $500,000 threshold
616shall be adjusted each year by the percentage change in per
617capita Florida personal income, as defined in s. 200.001. The
618exemption may not be less than $50,000; however, for low-income
619seniors who meet the eligibility criteria under s. 196.075, the
620exemption may not be less than $100,000. Such title may be held
621by the entireties, jointly, or in common with others, and the
622exemption may be apportioned among such of the owners as shall
623reside thereon, as their respective interests shall appear. If
624only one of the owners of an estate held by the entireties or
625held jointly with the right of survivorship resides on the
626property, that owner is allowed an exemption as specified in
627this subsection of up to the assessed valuation of $5,000 on the
628residence and contiguous real property. However, no such
629exemption of more than the amount specified in this subsection
630$5,000 is allowed to any one person or on any one dwelling
631house, except that an exemption up to the amount specified in
632this subsection assessed valuation of $5,000 may be allowed on
633each apartment or mobile home occupied by a tenant-stockholder
634or member of a cooperative corporation and on each condominium
635parcel occupied by its owner. Except for owners of an estate
636held by the entireties or held jointly with the right of
637survivorship, the amount of the exemption may not exceed the
638proportionate assessed valuation of all owners who reside on the
639property. Before such exemption may be granted, the deed or
640instrument shall be recorded in the official records of the
641county in which the property is located. The property appraiser
642may request the applicant to provide additional ownership
643documents to establish title.
644     (2)  For persons whose homestead property is assessed under
645s. 4(c), Art. VII of the State Constitution, pursuant to s. 27,
646Art. XII of the State Constitution, the exemption provided in
647subsection (1) is limited to the exemption to which they would
648have been entitled under s. 6(a) through (d), Art. VII of the
649State Constitution as it existed on December 31, 2007.
650     (3)(2)  As used in subsection (1), the term "cooperative
651corporation" means a corporation, whether for profit or not for
652profit, organized for the purpose of owning, maintaining, and
653operating an apartment building or apartment buildings or a
654mobile home park to be occupied by its stockholders or members;
655and the term "tenant-stockholder or member" means an individual
656who is entitled, solely by reason of his or her ownership of
657stock or membership in a cooperative corporation, as evidenced
658in the official records of the office of the clerk of the
659circuit court of the county in which the apartment building is
660located, to occupy for dwelling purposes an apartment in a
661building owned by such corporation or to occupy for dwelling
662purposes a mobile home which is on or a part of a cooperative
663unit.  A corporation leasing land for a term of 98 years or more
664for the purpose of maintaining and operating a cooperative
665thereon shall be deemed the owner for purposes of this
666exemption.
667     (4)(3)(a)  For every person who is entitled to the
668exemption provided in subsection (1), who is a permanent
669resident of this state, and who is 65 years of age or older, the
670exemption is increased to $10,000 of assessed valuation for
671taxes levied by governing bodies of counties, municipalities,
672and special districts.
673     (b)  For every person who is entitled to the exemption
674provided in subsection (1), who has been a permanent resident of
675this state for the 5 consecutive years prior to claiming the
676exemption under this subsection, and who qualifies for the
677exemption granted pursuant to s. 196.202 as a totally and
678permanently disabled person, the exemption is increased to
679$9,500 of assessed valuation for taxes levied by governing
680bodies 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.
683196.202 and paragraph (a) or paragraph (b) exceed $10,000.
684     (d)  For every person who is entitled to the exemption
685provided in subsection (1) and who is a permanent resident of
686this state, the exemption is increased to a total of $25,000 of
687assessed valuation for taxes levied by governing bodies of
688school districts.
689     (e)  For every person who is entitled to the exemption
690provided in subsection (1) and who is a resident of this state,
691the exemption is increased to a total of $25,000 of assessed
692valuation for levies of taxing authorities other than school
693districts. The exemption provided in subsection (1) does
694However, the increase provided in this paragraph shall not apply
695with respect to the assessment roll of a county unless and until
696the roll of that county has been approved by the executive
697director pursuant to s. 193.1142.
698     (4)  The property appraisers of the various counties shall
699each year compile a list of taxable property and its value
700removed from the assessment rolls of each school district as a
701result of the excess of exempt value above that amount allowed
702for nonschool levies as provided in subsections (1) and (3), as
703well as a statement of the loss of tax revenue to each school
704district from levies other than the minimum financial effort
705required pursuant to s. 1011.60(6), and shall deliver a copy
706thereof to the Department of Revenue upon certification of the
707assessment roll to the tax collector.
708     Section 16.  Section 196.002, Florida Statutes, is amended
709to read:
710     196.002  Legislative intent.--For the purposes of
711assessment roll recordkeeping and reporting,:
712     (1)  The increase in the homestead exemption provided in s.
713196.031(3)(d) shall be reported separately for those persons
714entitled to exemption under paragraph (a) or paragraph (b) of s.
715196.031(3) and for those persons entitled to exemption under s.
716196.031(1) but not under said paragraphs; and
717     (2)  the exemptions authorized by each provision of this
718chapter shall be reported separately for each category of
719exemption in each such provision, both as to total value
720exempted and as to the number of exemptions granted.
721     Section 17.  Paragraph (b) of subsection (2) of section
722197.252, 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
726to claim the increased exemption by reason of age and residency
727as provided in s. 196.031(3)(a), approval of the application
728shall defer that portion of the ad valorem taxes plus non-ad
729valorem assessments which exceeds 3 percent of the applicant's
730household income for the prior calendar year. If any applicant's
731household income for the prior calendar year is less than
732$10,000, or is less than the amount of the household income
733designated for the additional homestead exemption pursuant to s.
734196.075, and the applicant is 65 years of age or older, approval
735of the application shall defer the ad valorem taxes plus non-ad
736valorem assessments in their entirety.
737     Section 18.  Section 196.183, Florida Statutes, is created
738to read:
739     196.183  Exemption for tangible personal property.--
740     (1)  Each tangible personal property tax return is eligible
741for an exemption from ad valorem taxation of up to $25,000 of
742assessed value. A single return must be filed for each site in
743the county where the owner of tangible personal property
744transacts business. Owners of freestanding property placed at
745multiple sites, other than sites where the owner transacts
746business, must file a single return, including all such property
747located in the county. Freestanding property placed at multiple
748sites includes vending and amusement machines, LP/propane tanks,
749utility and cable company property, billboards, leased
750equipment, and similar property that is not customarily located
751in the offices, stores, or plants of the owner, but is placed
752throughout the county. Railroads, private carriers, and other
753companies assessed pursuant to s. 193.085 shall be allowed one
754$25,000 exemption for each county to which the value of their
755property is allocated.
756     (2)  The requirement that an annual tangible personal
757property tax return pursuant to s. 193.052 be filed for
758taxpayers owning taxable property the value of which, as listed
759on the return, does not exceed the exemption provided in this
760section is waived. In order to qualify for this waiver, a
761taxpayer must file an initial return on which the exemption is
762taken. If, in subsequent years, the taxpayer owns taxable
763property the value of which, as listed on the return, exceeds
764the exemption, the taxpayer is obligated to file a return. The
765taxpayer may again qualify for the waiver only after filing a
766return on which the value as listed on the return does not
767exceed the exemption. A return filed or required to be filed
768shall be considered an application filed or required to be filed
769for the exemption under this section.
770     (3)  The exemption provided in this section does not apply
771in any year a taxpayer fails to file a return that is not waived
772pursuant to subsection (2). Any taxpayer who received a waiver
773pursuant to subsection (2) and who owns taxable property the
774value of which, as listed on the return, exceeds the exemption
775in a subsequent year and who fails to file a return with the
776property appraiser is subject to the penalty contained in s.
777193.072(1)(a) calculated without the benefit of the exemption
778pursuant to this section. Any taxpayer claiming more exemptions
779than allowed pursuant to subsection (1) is subject to the taxes
780exempted as a result of wrongfully claiming the additional
781exemptions plus 15 percent interest per annum and a penalty of
78250 percent of the taxes exempted.
783     (4)  The exemption provided in this section does not apply
784to a mobile home that is presumed to be tangible personal
785property pursuant to s. 193.075(2).
786     Section 19.  Section 193.017, Florida Statutes, is amended
787to read:
788(Substantial rewording of section. See
789s. 193.017, F.S., for present text.)
790     193.017  Assessment of structural improvements on land
791owned by a community land trust and used to provide affordable
792housing.--
793     (1)  As used in this section, the term "community land
794trust" means a nonprofit entity that is qualified as charitable
795under s. 501(c)(3) of the Internal Revenue Code and has as one
796of its purposes the acquisition of land to be held in perpetuity
797for the primary purpose of providing affordable homeownership.
798     (2)  A community land trust may convey structural
799improvements located on specific parcels of such land which are
800identified by a legal description contained in and subject to a
801ground lease having a term of at least 99 years to natural
802persons or families who meet the extremely-low, very-low, low,
803and moderate income limits, as specified in s. 420.0004, or the
804income limits for workforce housing, as defined in s.
805420.5095(3). A community land trust shall retain a preemptive
806option to purchase any structural improvements on the land at a
807price determined by a formula specified in the ground lease
808which is designed to ensure that the structural improvements
809remain affordable.
810     (3)  In arriving at just valuation under s. 193.011, a
811structural improvement that provides affordable housing on land
812owned by a community land trust and subject to a 99-year or
813longer ground lease shall be assessed using the following
814criteria:
815     (a)  The amount a willing purchaser would pay a willing
816seller shall be limited to the amount determined by the formula
817in the ground lease.
818     (b)  If the ground lease and all amendments and supplements
819thereto, or a memorandum documenting how such lease and
820amendments or supplements restrict the price at which the
821improvements may be sold, is recorded in the official public
822records of the county in which the leased land is located, the
823recorded lease and any amendments and supplements, or the
824recorded memorandum, shall be deemed a land use regulation
825during the term of the lease as amended or supplemented.
826     Section 20.  Section 193.803, Florida Statutes, is created
827to read:
828     193.803  Assessment of eligible rental property used for
829workforce and affordable housing; classification.--
830     (1)  Upon the property owner's application on a form
831prescribed by the Department of Revenue, the property appraiser
832shall annually classify for assessment purposes all eligible
833property used for workforce rental housing or affordable rental
834housing. Eligibility shall be as provided in this section.
835     (2)  A property owner whose eligible property is denied
836classification as workforce rental housing or affordable rental
837housing by the property appraiser may appeal to the value
838adjustment board. The property appraiser shall notify the
839property owner in writing of the denial of the workforce rental
840housing or affordable rental housing classification on or before
841July 1 of the year for which the application was filed. The
842written notification must advise the property owner of his or
843her right to appeal the denial of classification to the value
844adjustment board and must contain the deadline for filing an
845appeal. The property appraiser shall have available at his or
846her office a list, by property owner, of all applications for
847classification received, and the list must identify whether or
848not the classification requested was granted.
849     (3)(a)  Eligible property may not be classified as
850workforce rental housing or affordable rental housing unless an
851application is filed on or before March 1 of each year. Before
852approving a classification, the property appraiser may require
853the property owner to furnish such information as may reasonably
854be required to establish that the property was actually used as
855required by this section. Failure by a property owner to apply
856for classification of eligible property as workforce rental
857housing or affordable rental housing by March 1 constitutes a 1-
858year waiver of the privilege granted under this section for
859workforce rental housing assessment or affordable rental housing
860assessment. However, a property owner who is qualified to
861receive a workforce rental housing classification or an
862affordable rental housing classification but who fails to file
863an application by March 1, may file an application for the
864classification, and may file, under s. 194.011(3), a petition
865with the value adjustment board requesting that the
866classification be granted. The petition may be filed at any time
867during the taxable year on or before the 25th day following the
868mailing of the assessment notice by the property appraiser as
869required under s. 194.011(1). Notwithstanding the provisions of
870s. 194.013, the applicant must pay a nonrefundable fee of $15
871upon filing the petition. Upon review of the petition, if the
872person is qualified to receive the classification and
873demonstrates particular extenuating circumstances judged by the
874property appraiser or the value adjustment board to warrant
875granting the classification, the property appraiser or the value
876adjustment board may grant the classification. An owner of
877property classified as workforce rental housing or affordable
878rental housing in the previous tax year whose ownership or use
879has not changed may reapply on a short form prescribed by the
880department. A county may, at the request of the property
881appraiser and by a majority vote of its governing body, waive
882the requirement that an annual application or statement be made
883for the renewal of the classification of property within the
884county as workforce rental housing or affordable rental housing
885after an initial classification is granted by the property
886appraiser. Such waiver may be revoked by referendum.
887Notwithstanding such waiver, an application must be refiled when
888any property granted the classification is sold or otherwise
889disposed of, when the ownership changes in any manner, when the
890applicant ceases to use the property as workforce rental housing
891or affordable rental housing, or when the status of the owner
892changes so as to change the classified status of the property.
893     (b)  For purposes of granting a workforce rental housing or
894affordable rental housing classification for January 1, 2008,
895only, the term "extenuating circumstances" as used in paragraph
896(a) includes the failure of the property owner to return the
897application for classification by March 1, 2008.
898     (4)  The following types of property are eligible to be
899classified by a property appraiser as workforce rental housing
900or affordable rental housing property, and shall be assessed
901based upon their character and use and as further described in
902this section:
903     (a)  Property that is funded and rent restricted by the
904United States Department of Housing and Urban Development under
905s. 8 of the United States Housing Act of 1937 and that provides
906affordable housing for eligible persons as defined by s. 159.603
907or the elderly, extremely-low-income persons, or very-low-income
908persons as specified in s. 420.0004.
909     (b)  Rental property for multifamily housing, commercial
910fishing workers and farmworkers, families, persons who are
911homeless, or the elderly which is funded and rent restricted by
912the Florida Housing Finance Corporation under s. 420.5087, s.
913420.5089, s. 420.509, or s. 420.5095, the State Housing
914Initiatives Partnership Program under s. 420.9072, s. 420.9075,
915or s. 42 of the Internal Revenue Code of 1986, 26 U.S.C. s. 42;
916the HOME Investment Partnership Program under the Cranston-
917Gonzalez National Affordable Housing Act, 42 U.S.C. ss. 12741 et
918seq.; or the Federal Home Loan Bank's Affordable Housing Program
919established pursuant to the Financial Institutions Reform,
920Recovery and Enforcement Act of 1989, Pub. L. No. 101-73.
921     (c)  Multifamily residential rental property of 10 or more
922units which is certified by the local public housing agency as
923having 100 percent of its units used to provide affordable
924housing for extremely-low-income persons, very-low-income
925persons, low-income persons, or moderate-income persons as
926specified in s. 420.0004 and which is subject to a land use
927agreement or other agreement that is recorded in the official
928records of the county in which the property is located and which
929recorded agreement restricts the use of the property to
930affordable housing for a period of at least 20 years.
931     (5)  The property appraiser shall remove from the
932classification of workforce rental housing or affordable rental
933housing any properties for which the classified use has been
934abandoned or discontinued, the property has been diverted to
935another use, or the participation in and eligibility for the
936programs specified in this section has been terminated. Such
937removed property shall be assessed at just value under s.
938193.011.
939     (6)  In years in which the proper application for
940classification as workforce rental housing or affordable rental
941housing has been made and granted, the assessment of such
942property shall be based upon its use as workforce rental housing
943or affordable rental housing and by applying the following
944methodologies, subject to the provisions of subsection (7):
945     (a)  Property used for workforce rental housing or
946affordable rental housing as described in subsection (4) shall
947be assessed under the income approach using the actual net
948operating income.
949     (b)  Property used for workforce rental housing and
950affordable rental housing which has received low-income housing
951tax credits from the Florida Housing Finance Corporation under
952s. 420.5099 shall be assessed under the income approach using
953the actual net operating income and the following applies:
954     1.  The tax credits granted and the financing generated by
955the tax credits may not be considered as income.
956     2.  The actual rental income from rent-restricted units in
957such property shall be used by the property appraiser.
958     3.  Any costs paid with the tax credits and costs paid with
959the proceeds from additional financing under chapter 420 may not
960be included as income.
961     (7)  By April 1 of each year, the property owner must
962provide the property appraiser with a return on a form and in a
963manner prescribed by the Department of Revenue which includes a
964rent roll and an income and expense statement for the preceding
965year. After a review of the rent roll and the income and expense
966statement, the property appraiser may request additional
967information from the property owner as may be reasonably
968required to consider the methodologies in subsection (6).
969Failure to timely provide the property appraiser with the
970requested information, including failure to meet any extension
971that may be granted for the submission of information, shall
972result in an estimated assessment based on the best available
973information instead of an assessment based on the methodologies
974provided in subsection (6). Such assessment shall be deemed to
975be prima facie correct and may be included on the tax roll, and
976taxes may be extended on the tax roll in the same manner as for
977all other taxes.
978     (8)  It is the duty of the owner of any property used for
979workforce rental housing or affordable rental housing that has
980been granted the classification for assessment under this
981section who is not required to file an annual application or
982statement to notify the property appraiser promptly whenever the
983use of the property, or the status or condition of the owner,
984changes so as to change the classified status of the property.
985If any property owner fails to so notify the property appraiser
986and the property appraiser determines that for any year within
987the prior 10 years the owner was not entitled to receive such
988classification, the owner of the property is subject to the
989taxes otherwise due and owing as a result of such failure plus
99015 percent interest per annum and a penalty of 50 percent of the
991additional taxes owed. It is the duty of the property appraiser
992making such determination to record in the public records of the
993county in which the rental property is located a notice of tax
994lien against any property owned by that person or entity in the
995county, and such property must be identified in the notice of
996tax lien. Such property is subject to the payment of all taxes
997and penalties. Such lien, when filed, attaches to any property
998identified in the notice of tax lien owned by the person or
999entity that illegally or improperly received the classification.
1000If such person or entity no longer owns property in that county
1001but owns property in another county or counties in the state,
1002the property appraiser shall record in such other county or
1003counties a notice of tax lien identifying the property owned by
1004such person or entity in such county or counties which becomes a
1005lien against the identified property.
1006     Section 21.  Section 196.1978, Florida Statutes, is amended
1007to read:
1008     196.1978  Affordable housing property exemption.--Property
1009used to provide affordable housing serving eligible persons as
1010defined by s. 159.603(7) and natural persons or families meeting
1011the extremely-low, very-low, low, or moderate persons meeting
1012income limits specified in s. 420.0004 s. 420.0004(8), (10),
1013(11), and (15), which property is owned entirely by a nonprofit
1014entity that which is a corporation not for profit which is
1015qualified as charitable under s. 501(c)(3) of the Internal
1016Revenue Code and which complies with Rev. Proc. 96-32, 1996-1
1017C.B. 717 or a limited partnership, the sole general partner of
1018which is a corporation not for profit which is qualified as
1019charitable under s. 501(c)(3) of the Internal Revenue Code and
1020which complies with Rev. Proc. 96-32, 1996-1 C.B. 717, shall be
1021considered property owned by an exempt entity and used for a
1022charitable purpose, and those portions of the affordable housing
1023property which provide housing to natural persons or families
1024that meet the extremely-low, very-low, low, or moderate income
1025limits specified individuals with incomes as defined in s.
1026420.0004 s. 420.0004(10) and (15) shall be exempt from ad
1027valorem taxation to the extent authorized in s. 196.196. All
1028property identified in this section shall comply with the
1029criteria for determination of exempt status to be applied by
1030property appraisers on an annual basis as defined in s. 196.195.
1031The Legislature intends that any property owned by a limited
1032liability company or a limited partnership that which is
1033disregarded as an entity for federal income tax purposes
1034pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
1035treated as owned by its sole member or sole general partner. The
1036exemption provided in this section also extends to land that is
1037owned by an exempt entity and that is subject to a 99-year or
1038longer ground lease for the purpose of providing affordable
1039homeownership.
1040     Section 22.  Paragraph (a) of subsection (1) and paragraphs
1041(b) and (c) of subsection (2) of section 192.0105, Florida
1042Statutes, are amended to read:
1043     192.0105  Taxpayer rights.--There is created a Florida
1044Taxpayer's Bill of Rights for property taxes and assessments to
1045guarantee that the rights, privacy, and property of the
1046taxpayers of this state are adequately safeguarded and protected
1047during tax levy, assessment, collection, and enforcement
1048processes administered under the revenue laws of this state. The
1049Taxpayer's Bill of Rights compiles, in one document, brief but
1050comprehensive statements that summarize the rights and
1051obligations of the property appraisers, tax collectors, clerks
1052of the court, local governing boards, the Department of Revenue,
1053and taxpayers. Additional rights afforded to payors of taxes and
1054assessments imposed under the revenue laws of this state are
1055provided in s. 213.015. The rights afforded taxpayers to assure
1056that their privacy and property are safeguarded and protected
1057during tax levy, assessment, and collection are available only
1058insofar as they are implemented in other parts of the Florida
1059Statutes or rules of the Department of Revenue. The rights so
1060guaranteed to state taxpayers in the Florida Statutes and the
1061departmental rules include:
1062     (1)  THE RIGHT TO KNOW.--
1063     (a)  The right to be mailed notice of proposed property
1064taxes and proposed or adopted non-ad valorem assessments (see
1065ss. 194.011(1), 200.065(2)(b) and (d) and (14)(a) (13)(a), and
1066200.069). The notice must also inform the taxpayer that the
1067final 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
1071objections to assessments, denial of exemption, denial of
1072agricultural classification, denial of historic classification,
1073denial of high-water recharge classification, denial of
1074workforce rental housing or affordable rental housing
1075classification, disapproval of tax deferral, and any penalties
1076on deferred taxes imposed for incorrect information willfully
1077filed. Payment of estimated taxes does not preclude the right of
1078the taxpayer to challenge his or her assessment (see ss.
1079194.011(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),
1081197.301(2), and 197.2301(11)).
1082     (c)  The right to file a petition for exemption, or
1083agricultural classification, or workforce rental housing or
1084affordable rental housing classification with the value
1085adjustment board when an application deadline is missed, upon
1086demonstration of particular extenuating circumstances for filing
1087late (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
1090Statutes, is amended to read:
1091     193.052  Preparation and serving of returns.--
1092     (2)  No return shall be required for real property the
1093ownership of which is reflected in instruments recorded in the
1094public records of the county in which the property is located,
1095unless otherwise required in this title.  In order for land to
1096be considered for agricultural classification under s. 193.461,
1097or high-water recharge classification under s. 193.625, or
1098workforce rental housing or affordable rental housing
1099classification under s. 193.803, an application for
1100classification must be filed on or before March 1 of each year
1101with the property appraiser of the county in which the land is
1102located, except as provided in s. 193.461(3)(a). The application
1103must state that the lands on January 1 of that year were used
1104primarily for bona fide commercial agricultural or high-water
1105recharge purposes or for workforce rental housing or affordable
1106rental housing classified under s. 193.803.
1107     Section 24.  Paragraph (d) of subsection (3) of section
1108193.461, Florida Statutes, is amended to read:
1109     193.461  Agricultural lands; classification and assessment;
1110mandated eradication or quarantine program.--
1111     (3)
1112     (d)  When property receiving an agricultural classification
1113contains a residence under the same ownership, the portion of
1114the property consisting of the residence and curtilage must be
1115assessed separately, pursuant to s. 193.011, to qualify for the
1116assessment limitation set forth in s. 193.155 or to qualify for
1117the homestead exemption under s. 196.031(1). The remaining
1118property may be classified under the provisions of paragraphs
1119(a) and (b).
1120     Section 25.  Paragraph (d) of subsection (3) of section
1121194.011, 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
1124substantially the form prescribed by the department.
1125Notwithstanding s. 195.022, a county officer may not refuse to
1126accept a form provided by the department for this purpose if the
1127taxpayer chooses to use it. A petition to the value adjustment
1128board shall describe the property by parcel number and shall be
1129filed as follows:
1130     (d)  The petition may be filed, as to valuation issues, at
1131any time during the taxable year on or before the 25th day
1132following the mailing of notice by the property appraiser as
1133provided in subsection (1).  With respect to an issue involving
1134the denial of an exemption, an agricultural or high-water
1135recharge classification application, an application for
1136classification as historic property used for commercial or
1137certain nonprofit purposes, an application for classification as
1138workforce rental housing or affordable rental housing, or a
1139deferral, the petition must be filed at any time during the
1140taxable year on or before the 30th day following the mailing of
1141the notice by the property appraiser under s. 193.461, s.
1142193.503, s. 193.625, s. 193.803, or s. 196.193 or notice by the
1143tax collector under s. 197.253.
1144     Section 26.  Subsection (1) of section 195.073, Florida
1145Statutes, is amended to read:
1146     195.073  Classification of property.--All items required by
1147law to be on the assessment rolls must receive a classification
1148based upon the use of the property.  The department shall
1149promulgate uniform definitions for all classifications.  The
1150department may designate other subclassifications of property.  
1151No assessment roll may be approved by the department which does
1152not show proper classifications.
1153     (1)  Real property must be classified according to the
1154assessment basis of the land into the following classes:
1155     (a)  Residential, subclassified into categories, one
1156category for homestead property and one for nonhomestead
1157property:
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
1169nonprofit 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
1175property.
1176     (l)(k)  Other.
1177     Section 27.  Paragraph (a) of subsection (3) of section
1178195.096, 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
1182conducted under this section. The results must include all
1183statistical and analytical measures computed under this section
1184for the real property assessment roll as a whole, the personal
1185property assessment roll as a whole, and independently for the
1186following real property classes whenever the classes constituted
11875 percent or more of the total assessed value of real property
1188in a county on the previous tax roll:
1189     1.  Residential property that consists of one primary
1190living unit, including, but not limited to, single-family
1191residences, condominiums, cooperatives, and mobile homes.
1192     2.  Residential property that consists of two or more
1193primary living units.
1194     3.  Agricultural, high-water recharge, historic property
1195used for commercial or certain nonprofit purposes, workforce
1196rental housing and affordable rental housing property, and other
1197use-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
1202assessed railroad, oil, gas and mineral land, subsurface rights,
1203and other real property.
1204
1205When one of the above classes constituted less than 5 percent of
1206the total assessed value of all real property in a county on the
1207previous assessment roll, the department may combine it with one
1208or more other classes of real property for purposes of
1209assessment ratio studies or use the weighted average of the
1210other classes for purposes of calculating the level of
1211assessment for all real property in a county.  The department
1212shall also publish such results for any subclassifications of
1213the classes or assessment rolls it may have chosen to study.
1214     Section 28.  Section 200.186, Florida Statutes, is created
1215to read:
1216     200.186  Maximum millage rates for the 2008-2009 fiscal
1217year.--
1218     (1)  In the 2008-2009 fiscal year, a county, municipal
1219service taxing units of that county, and special districts
1220dependent to that county; a municipality and special districts
1221dependent to that municipality; and an independent special
1222district may levy a maximum millage that is determined as
1223follows:
1224     (a)  The maximum millage rate shall be the rolled-back rate
1225calculated pursuant to s. 200.065 and adjusted for growth in per
1226capita Florida personal income, except that:
1227     1.  Ad valorem tax revenue levied in the 2007-2008 fiscal
1228year, as used in the calculation of the rolled-back rate, shall
1229be reduced by any tax revenue resulting from a millage rate
1230approved by referendum in excess of the maximum rate that could
1231have been levied by referendum as provided in s. 200.185; and
1232     2.  The taxable value within the jurisdiction of each
1233taxing authority, as used in the calculation of the rolled-back
1234rate, shall be increased by the amount necessary to offset any
1235reduction in taxable value occurring as a result of the
1236amendments to the State Constitution contained in SJR 4B or HJR
12373B revising the homestead tax exemption and providing an
1238exemption from ad valorem taxation for tangible personal
1239property.
1240     (b)  If approved by referendum, a rate may be levied in
1241excess of the rate calculated pursuant to paragraph (a) if the
1242excess is not more than 67 percent of the difference between the
1243rolled-back rate calculated pursuant to s. 200.065, and the rate
1244calculated in paragraph (a).
1245     (c)  A rate may be levied in excess of the millage rate
1246allowed in paragraph (b) if the rate is approved by referendum.
1247
1248
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1250     Remove line(s) 13-15 and insert:
1251year; providing for higher millage rates if approved by
1252referendum; providing certain


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