Amendment
Bill No. 0001B
Amendment No. 372671
CHAMBER ACTION
Senate House
.
.
.






1Representative(s) Cannon offered the following:
2
3     Substitute Amendment for Amendment (620881) (with title
4amendment)
5Remove line(s) 1614-1629 and insert:
6     Section 29.  Subsection (6) and paragraph (a) of subsection
7(9) of section 196.011, Florida Statutes, are amended to read:
8     196.011  Annual application required for exemption.--
9     (6)(a)  Once an original application for tax exemption has
10been granted, in each succeeding year on or before February 1,
11the property appraiser shall mail a renewal application to the
12applicant, and the property appraiser shall accept from each
13such applicant a renewal application on a form to be prescribed
14by the Department of Revenue.  Such renewal application shall be
15accepted as evidence of exemption by the property appraiser
16unless he or she denies the application.  Upon denial, the
17property appraiser shall serve, on or before July 1 of each
18year, a notice setting forth the grounds for denial on the
19applicant by first-class mail.  Any applicant objecting to such
20denial may file a petition as provided for in s. 194.011(3).
21     (b)  Any person who is entitled to a homestead assessment
22limitation in the prior year under s. 4(c), Art. VII of the
23State Constitution shall have the option to file an application
24for exemption under s. 6(a), Art. VII of the State Constitution
25no later than March 1 of each year. The application shall advise
26the applicant of his or her option to make an irrevocable
27election to no longer have his or her homestead assessed under
28s. 4(c), Art. VII of the State Constitution. After the
29irrevocable election, the person's homestead shall be assessed
30under s. 6(a), Art. VII of the State Constitution.
31     (9)(a)  A county may, at the request of the property
32appraiser and by a majority vote of its governing body, waive
33the requirement that an annual application or statement be made
34for exemption of property within the county after an initial
35application is made and the exemption granted. The waiver under
36this subsection of the annual application or statement
37requirement applies to all exemptions under this chapter except
38the exemption under s. 196.1995. Notwithstanding such waiver,
39refiling of an application or statement shall be required when
40any property granted an exemption is sold or otherwise disposed
41of, when the ownership changes in any manner, when the applicant
42for homestead exemption ceases to use the property as his or her
43homestead, or when the status of the owner changes so as to
44change the exempt status of the property, or when an irrevocable
45election is made to no longer have the homestead assessment
46limitation under s. 4(c), Art. VII of the State Constitution and
47the homestead receives the exemption under s. 6(a), Art. VII of
48the State Constitution. In its deliberations on whether to waive
49the annual application or statement requirement, the governing
50body shall consider the possibility of fraudulent exemption
51claims which may occur due to the waiver of the annual
52application requirement. It is the duty of the owner of any
53property granted an exemption who is not required to file an
54annual application or statement to notify the property appraiser
55promptly whenever the use of the property or the status or
56condition of the owner changes so as to change the exempt status
57of the property. If any property owner fails to so notify the
58property appraiser and the property appraiser determines that
59for any year within the prior 10 years the owner was not
60entitled to receive such exemption, the owner of the property is
61subject to the taxes exempted as a result of such failure plus
6215 percent interest per annum and a penalty of 50 percent of the
63taxes exempted. Except for homestead exemptions controlled by s.
64196.161, it is the duty of the property appraiser making such
65determination to record in the public records of the county a
66notice of tax lien against any property owned by that person or
67entity in the county, and such property must be identified in
68the notice of tax lien. Such property is subject to the payment
69of all taxes and penalties. Such lien when filed shall attach to
70any property, identified in the notice of tax lien, owned by the
71person who illegally or improperly received the exemption.
72Should such person no longer own property in that county, but
73own property in some other county or counties in the state, it
74shall be the duty of the property appraiser to record a notice
75of tax lien in such other county or counties, identifying the
76property owned by such person or entity in such county or
77counties, and it shall become a lien against such property in
78such county or counties.
79     Section 30.  Subsection (3) is added to section 196.111,
80Florida Statutes, to read:
81     196.111  Property appraisers may notify persons entitled to
82homestead exemption; publication of notice; costs.--
83     (3)  The notice mailed to any person whose property
84heretofore was entitled to a homestead assessment limitation in
85the prior year pursuant to s. 4(c), Art. VII of the State
86Constitution shall also include the option to file an
87application to make an irrevocable election to no longer have
88his or her homestead assessed pursuant to s. 4(c), Art. VII of
89the State Constitution and to apply for homestead exemption
90pursuant to s. 6(a), Art. VII of the State Constitution,
91consistent with the requirements of s. 196.011(6)(b).
92     Section 31.  Section 195.022, Florida Statutes, is amended
93to read:
94     195.022  Forms to be prescribed by Department of Revenue.--
95The Department of Revenue shall prescribe all forms to be used
96by property appraisers, tax collectors, clerks of the circuit
97court, and value adjustment boards in administering and
98collecting ad valorem taxes. The department shall prescribe a
99form for each purpose. For counties with a population of 100,000
100or fewer, the Department of Revenue shall furnish the forms. For
101counties with a population greater than 100,000, the county
102officer shall reproduce forms for distribution at the expense of
103his or her office. A county officer may use a form other than
104the form prescribed by the department upon obtaining written
105permission from the executive director of the department;
106however, no county officer shall use a form the substantive
107content of which is at variance with the form prescribed by the
108department for the same or a similar purpose. If the executive
109director finds good cause to grant such permission he or she may
110do so. The county officer may continue to use such approved form
111until the law which specifies the form is amended or repealed or
112until the officer receives written disapproval from the
113executive director. Otherwise, all such officers and their
114employees shall use the forms, and follow the instructions
115applicable to the forms, which are prescribed by the department.
116The department, upon request of any property appraiser or, in
117any event, at least once every 3 years, shall prescribe and
118furnish such aerial photographs and nonproperty ownership maps
119to the property appraisers as are necessary to ensure that all
120real property within the state is properly listed on the roll.
121All forms and maps furnished by the department shall be paid for
122by the department as provided by law. All forms and maps and
123instructions relating to their use shall be substantially
124uniform throughout the state. An officer may employ supplemental
125forms and maps, at the expense of his or her office, which he or
126she deems expedient for the purpose of administering and
127collecting ad valorem taxes. The forms required in ss.
128193.461(3)(a) and 196.011(1) for renewal purposes shall require
129sufficient information for the property appraiser to evaluate
130the changes in use since the prior year. The form required in s.
131193.155(2) for election to retain benefits under s. 27, Art. XII
132of the State Constitution shall be adopted by the department. If
133the property appraiser determines, in the case of a taxpayer,
134that he or she has insufficient current information upon which
135to approve the exemption, or if the information on the renewal
136form is inadequate for him or her to evaluate the taxable status
137of the property, he or she may require the resubmission of an
138original application.
139     Section 32.  Transitional assessment of homestead property;
140effective date.--
141     (1)  Each person entitled to a homestead exemption under
142Section 6 of Article VII of the State Constitution shall
143continue to have his or her current homestead assessed under
144Section 4(c) of Article VII of the State Constitution until the
145person makes an irrevocable election to no longer have his or
146her homestead assessed under Section 4(c) of Article VII of the
147State Constitution. After the irrevocable election is made, the
148homestead may not be assessed under Section 4(c) of Article VII
149of the State Constitution.
150     (2)  The exemption provided in Section 6(a) of Article VII
151of the State Constitution to each person entitled to have the
152person's homestead assessed under Section 4(c) of Article VII of
153the State Constitution pursuant to subsection (1) shall be
154limited to the exemption the person would have been entitled to
155under Section 6(a)-(d) of Article VII of the State Constitution
156as it existed on the day before the effective date of this
157section.
158     Section 33.  If any law that is amended by this act was
159also amended by a law enacted during the 2007 Regular Session or
160any 2007 special session of the Legislature, such laws shall be
161construed as if they had been enacted during the same session of
162the Legislature, and full effect should be given to each if that
163is possible.
164     Section 34.  Except as otherwise expressly provided in this
165act, this act and section 33 of this act shall take effect upon
166becoming a law, sections 13 through 32 of this act shall take
167effect only upon the effective date of amendments to the State
168Constitution contained in Senate Joint Resolution 4B or House
169Joint Resolution 3B revising the homestead tax exemption and
170providing an exemption from ad valorem taxation for tangible
171personal property and property used for workforce and affordable
172rental housing, and sections 13 through 32 of this act shall
173apply retroactively to the 2008 tax roll.
174
175=========== T I T L E  A M E N D M E N T ========
176     Remove line(s) 145 and insert:
177retroactively; amending ss. 196.011 and 196.111, F.S.; providing
178a procedure by which a person may make an irrevocable election
179to have his or her homestead assessed under s. 6(a), Art. VII of
180the State Constitution rather than under s. 4(c), Art. VII of
181the State Constitution; requiring the property appraisers to
182provide notice of such option by mail; amending s. 195.022,
183F.S.; requiring the Department of Revenue to adopt a form by
184rule; providing for transitional assessments of homestead
185property; providing for construction of the act in


CODING: Words stricken are deletions; words underlined are additions.