Amendment
Bill No. 0001B
Amendment No. 620881
CHAMBER ACTION
Senate House
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1Representative(s) Cannon offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 1614-1629, and insert:
5     Section 29.  Subsection (6) and paragraph (a) of subsection
6(9) of section 196.011, Florida Statutes, are amended to read:
7     196.011  Annual application required for exemption.--
8     (6)(a)  Once an original application for tax exemption has
9been granted, in each succeeding year on or before February 1,
10the property appraiser shall mail a renewal application to the
11applicant, and the property appraiser shall accept from each
12such applicant a renewal application on a form to be prescribed
13by the Department of Revenue.  Such renewal application shall be
14accepted as evidence of exemption by the property appraiser
15unless he or she denies the application.  Upon denial, the
16property appraiser shall serve, on or before July 1 of each
17year, a notice setting forth the grounds for denial on the
18applicant by first-class mail.  Any applicant objecting to such
19denial may file a petition as provided for in s. 194.011(3).
20     (b)  Any person who is entitled to a homestead exemption in
21the prior year under s. 4(c), Art. VII of the State Constitution
22shall have the option to file an application for exemption under
23s. 6(a), Art. VII of the State Constitution no later than March
241 of each year. The renewal application shall advise the
25applicant of his or her option to make an irrevocable election
26to no longer have his or her homestead assessed under s. 4(c),
27Art. VII of the State Constitution. After the irrevocable
28election, the person's homestead shall be assessed under s.
296(a), Art. VII of the State Constitution.
30     (9)(a)  A county may, at the request of the property
31appraiser and by a majority vote of its governing body, waive
32the requirement that an annual application or statement be made
33for exemption of property within the county after an initial
34application is made and the exemption granted. The waiver under
35this subsection of the annual application or statement
36requirement applies to all exemptions under this chapter except
37the exemption under s. 196.1995. Notwithstanding such waiver,
38refiling of an application or statement shall be required when
39any property granted an exemption is sold or otherwise disposed
40of, when the ownership changes in any manner, when the applicant
41for homestead exemption ceases to use the property as his or her
42homestead, or when the status of the owner changes so as to
43change the exempt status of the property, or when an irrevocable
44election is made to no longer have the homestead exemption under
45s. 4(c), Art. VII of the State Constitution and the homestead
46receives the exemption under s. 6(a), Art. VII of the State
47Constitution. In its deliberations on whether to waive the
48annual application or statement requirement, the governing body
49shall consider the possibility of fraudulent exemption claims
50which may occur due to the waiver of the annual application
51requirement. It is the duty of the owner of any property granted
52an exemption who is not required to file an annual application
53or statement to notify the property appraiser promptly whenever
54the use of the property or the status or condition of the owner
55changes so as to change the exempt status of the property. If
56any property owner fails to so notify the property appraiser and
57the property appraiser determines that for any year within the
58prior 10 years the owner was not entitled to receive such
59exemption, the owner of the property is subject to the taxes
60exempted as a result of such failure plus 15 percent interest
61per annum and a penalty of 50 percent of the taxes exempted.
62Except for homestead exemptions controlled by s. 196.161, it is
63the duty of the property appraiser making such determination to
64record in the public records of the county a notice of tax lien
65against any property owned by that person or entity in the
66county, and such property must be identified in the notice of
67tax lien. Such property is subject to the payment of all taxes
68and penalties. Such lien when filed shall attach to any
69property, identified in the notice of tax lien, owned by the
70person who illegally or improperly received the exemption.
71Should such person no longer own property in that county, but
72own property in some other county or counties in the state, it
73shall be the duty of the property appraiser to record a notice
74of tax lien in such other county or counties, identifying the
75property owned by such person or entity in such county or
76counties, and it shall become a lien against such property in
77such county or counties.
78     Section 30.  Subsection (3) is added to section 196.111,
79Florida Statutes, to read:
80     196.111  Property appraisers may notify persons entitled to
81homestead exemption; publication of notice; costs.--
82     (3)  The notice mailed to any person whose property
83heretofore was entitled to a homestead exemption in the prior
84year pursuant to s. 4(c), Art. VII of the State Constitution
85shall also include the option to file an application to make an
86irrevocable election to no longer have his or her homestead
87assessed pursuant to s. 4(c), Art. VII of the State Constitution
88and to apply for homestead exemption pursuant to s. 6(a), Art.
89VII of the State Constitution, consistent with the requirements
90of s. 196.011(6)(b).
91     Section 31.  Section 195.022, Florida Statutes, is amended
92to read:
93     195.022  Forms to be prescribed by Department of Revenue.--
94The Department of Revenue shall prescribe all forms to be used
95by property appraisers, tax collectors, clerks of the circuit
96court, and value adjustment boards in administering and
97collecting ad valorem taxes. The department shall prescribe a
98form for each purpose. For counties with a population of 100,000
99or fewer, the Department of Revenue shall furnish the forms. For
100counties with a population greater than 100,000, the county
101officer shall reproduce forms for distribution at the expense of
102his or her office. A county officer may use a form other than
103the form prescribed by the department upon obtaining written
104permission from the executive director of the department;
105however, no county officer shall use a form the substantive
106content of which is at variance with the form prescribed by the
107department for the same or a similar purpose. If the executive
108director finds good cause to grant such permission he or she may
109do so. The county officer may continue to use such approved form
110until the law which specifies the form is amended or repealed or
111until the officer receives written disapproval from the
112executive director. Otherwise, all such officers and their
113employees shall use the forms, and follow the instructions
114applicable to the forms, which are prescribed by the department.
115The department, upon request of any property appraiser or, in
116any event, at least once every 3 years, shall prescribe and
117furnish such aerial photographs and nonproperty ownership maps
118to the property appraisers as are necessary to ensure that all
119real property within the state is properly listed on the roll.
120All forms and maps furnished by the department shall be paid for
121by the department as provided by law. All forms and maps and
122instructions relating to their use shall be substantially
123uniform throughout the state. An officer may employ supplemental
124forms and maps, at the expense of his or her office, which he or
125she deems expedient for the purpose of administering and
126collecting ad valorem taxes. The forms required in ss.
127193.461(3)(a) and 196.011(1) for renewal purposes shall require
128sufficient information for the property appraiser to evaluate
129the changes in use since the prior year. The form required in s.
130193.155(2) for election to retain benefits under s. 27, Art. XII
131of the State Constitution shall be adopted by the department. If
132the property appraiser determines, in the case of a taxpayer,
133that he or she has insufficient current information upon which
134to approve the exemption, or if the information on the renewal
135form is inadequate for him or her to evaluate the taxable status
136of the property, he or she may require the resubmission of an
137original application.
138     Section 32.  Transitional assessment of homestead property;
139effective date.--
140     (1)  Each person entitled to a homestead exemption under
141Section 6 of Article VII of the State Constitution shall
142continue to have his or her current homestead assessed under
143Section 4(c) of Article VII of the State Constitution until the
144person makes an irrevocable election to no longer have his or
145her homestead assessed under Section 4(c) of Article VII of the
146State Constitution. After the irrevocable election is made, the
147homestead may not be assessed under Section 4(c) of Article VII
148of the State Constitution.
149     (2)  The exemption provided in Section 6(a) of Article VII
150of the State Constitution to each person entitled to have the
151person's homestead assessed under Section 4(c) of Article VII of
152the State Constitution pursuant to subsection (1) shall be
153limited to the exemption the person would have been entitled to
154under Section 6(a)-(d) of Article VII of the State Constitution
155as it existed on the day before the effective date of this
156section.
157     Section 33.  If any law that is amended by this act was
158also amended by a law enacted during the 2007 Regular Session or
159any 2007 special session of the Legislature, such laws shall be
160construed as if they had been enacted during the same session of
161the Legislature, and full effect should be given to each if that
162is possible.
163     Section 34.  Except as otherwise expressly provided in this
164act, this act and section 33 of this act shall take effect upon
165becoming a law, sections 13 through 32 of this act shall take
166effect only upon the effective date of amendments to the State
167Constitution contained in Senate Joint Resolution 4B or House
168Joint Resolution 3B revising the homestead tax exemption and
169providing an exemption from ad valorem taxation for tangible
170personal property and property used for workforce and affordable
171rental housing, and sections 13 through 32 of this act shall
172apply retroactively to the 2008 tax roll.
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176======= T I T L E  A M E N D M E N T =======
177     Remove line 145, and insert:
178retroactively; amending ss. 196.011 and 196.111, F.S.; providing
179a procedure by which a person may make an irrevocable election
180to have his or her homestead assessed under s. 6(a), Art. VII of
181the State Constitution rather than under s. 4(c), Art. VII of
182the State Constitution; requiring the property appraisers to
183provide notice of such option by mail; amending s. 195.022,
184F.S.; requiring the Department of Revenue to adopt a form by
185rule; providing for transitional assessments of homestead
186property; providing for construction of the act in


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