Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. SB 2-B
                        Barcode 114536
                            CHAMBER ACTION
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       06/14/2007 01:51 PM         .                    
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11  Senator Gaetz moved the following amendment:
12  
13         Senate Amendment 
14         On page 12, line 22, through
15            page 55, line 12, delete those lines
16  
17  and insert:  
18         1.  A rate of not more than 110 percent of the
19  rolled-back rate based on the previous year's maximum millage
20  rate, adjusted for growth in per capita Florida personal
21  income, may be adopted if approved by a three-fourths vote of
22  the governing body of the county, municipality, or independent
23  district; or
24         2.  A rate in excess of 110 percent may be adopted if
25  approved by a unanimous vote of the governing body of the
26  county, municipality, or independent district or if the rate
27  is approved by a referendum.
28         (b)  The millage rate of a county or municipality,
29  municipal service taxing unit of that county, and any special
30  district dependent to that county or municipality may exceed
31  in any year the maximum millage rate calculated pursuant to
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    4:21 PM   06/13/07                              s0002Bb-04-e7v

Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 this subsection if the total county ad valorem taxes levied or 2 total municipal ad valorem taxes levied, as defined in s. 3 200.001, do not exceed the maximum total county ad valorem 4 taxes levied or maximum total municipal ad valorem taxes 5 levied, as defined in s. 200.001, respectively. Voted millage 6 as defined in this chapter and taxes levied by a municipality 7 or independent special district that has levied ad valorem 8 taxes for less than 5 years are not subject to the limitation 9 on millage rates provided by this subsection. Total taxes 10 levied may exceed the maximum calculated pursuant to 11 subsection (6) as a result of an increase in taxable value 12 above that certified in subsection (1) if such increase is 13 less than the percentage amounts contained in subsection (6); 14 however, if such increase in taxable value exceeds the 15 percentage amounts contained in this subsection, millage rates 16 subject to subsection (6), s. 200.185, or s. 200.186 must be 17 reduced so that total taxes levied do not exceed the maximum. 18 (13)(12)(a) Any taxing authority in violation of this 19 section, other than subsection (5), shall be subject to 20 forfeiture of state funds otherwise available to it for the 12 21 months following a determination of noncompliance by the 22 Department of Revenue appropriate state agency. 23 (b) Within 30 days of the deadline for certification 24 of compliance required by s. 200.068, the department shall 25 notify any taxing authority in violation of this section, 26 other than subsection (5), that it is subject to paragraph 27 (c). Except for revenues from voted levies or levies imposed 28 pursuant to s. 1011.60(6), the revenues of any taxing 29 authority in violation of this section, other than subsection 30 (5), collected in excess of the rolled-back rate shall be held 31 in escrow until the process required by paragraph (c) is 2 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 completed and approved by the department. The department shall 2 direct the tax collector to so hold such funds. 3 (c) Any taxing authority so noticed by the department 4 shall repeat the hearing and notice process required by 5 paragraph (2)(d), except that: 6 1. The advertisement shall appear within 15 days of 7 notice from the department. 8 2. The advertisement, in addition to meeting the 9 requirements of subsection (3), shall contain the following 10 statement in boldfaced type immediately after the heading: 11 12 THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing 13 authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE 14 TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND 15 NOTICE. 16 17 3. The millage newly adopted at this hearing shall not 18 be forwarded to the tax collector or property appraiser and 19 may not exceed the rate previously adopted. 20 4. If the newly adopted millage is less than the 21 amount previously forwarded pursuant to subsection (4), any 22 moneys collected in excess of the new levy shall be held in 23 reserve until the subsequent fiscal year and shall then be 24 utilized to reduce ad valorem taxes otherwise necessary. 25 (d) If any county or municipality is in violation of 26 subsection (5), s. 200.185, or s. 200.186 because total county 27 or municipal ad valorem taxes exceeded the maximum total 28 county or municipal ad valorem taxes, respectively, that 29 county shall forfeit the distribution of local government 30 half-cent sales tax revenues during the 12 months following a 31 determination of noncompliance by the Department of Revenue as 3 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 described in s. 218.63(3) and this subsection. If the 2 executive director of the Department of Revenue determines 3 that any county or municipality may be in violation of 4 subsection (5), s. 200.185, or s. 200.186, the Department of 5 Revenue and the county or municipality shall follow the 6 procedures set forth in paragraph (e). During the pendency of 7 any procedure under paragraph (e) or any administrative or 8 judicial action to challenge any action taken under this 9 subsection, the tax collector shall hold in escrow any 10 revenues collected in excess of the amount allowed by 11 subsection (5), s. 200.185, or s. 200.186, as determined by 12 the executive director. Such revenues shall be held in escrow 13 until the process required by paragraph (e) is completed and 14 approved by the department. The department shall direct the 15 tax collector to so hold such funds. If the county or 16 municipality remedies the noncompliance, any moneys collected 17 in excess of the new levy or in excess of the amount allowed 18 by subsection (5), s. 200.185, or s. 200.186 shall be held in 19 reserve until the subsequent fiscal year, and shall then be 20 used to reduce ad valorem taxes otherwise necessary. If the 21 county or municipality does not remedy the noncompliance, the 22 provisions of s. 218.63 shall apply. 23 (e) The following procedures shall be followed when 24 the executive director notifies a county or municipality, 25 special district dependent thereto, or municipal service 26 taxing unit of the county that he or she has determined that 27 it may be in violation of subsection (5), s. 200.185, or s. 28 200.186: 29 1. Within 30 days after the deadline for certification 30 of compliance required by s. 200.068, the executive director 31 shall notify the taxing authority of his or her determination 4 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 regarding subsection (5), s. 200.185, or s. 200.186 and that 2 it is subject to subparagraph 2. 3 2. Any taxing authority so noticed by the executive 4 director shall repeat the hearing and notice process required 5 by paragraph (2)(d), except that: 6 a. The advertisement shall appear within 15 days after 7 notice from the executive director. 8 b. The advertisement, in addition to meeting the 9 requirements of subsection (3), must contain the following 10 statement in boldfaced type immediately after the heading: 11 12 THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing 13 authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE 14 TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND 15 NOTICE. 16 17 c. The millage newly adopted at this hearing shall not 18 be forwarded to the tax collector or property appraiser and 19 may not exceed the rate previously adopted or the amount 20 allowed by subsection (5), s. 200.185, or s. 200.186. 21 d. The determination of the executive director is not 22 subject to chapter 120. 23 Section 3. Section 200.068, Florida Statutes, is 24 amended to read: 25 200.068 Certification of compliance with this 26 chapter.--Not later than 30 days following adoption of an 27 ordinance or resolution establishing a property tax levy, each 28 taxing authority shall certify compliance with the provisions 29 of this chapter to the Department of Revenue. In addition to 30 a statement of compliance, such certification shall include a 31 copy of the ordinance or resolution so adopted; a copy of the 5 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 certification of value showing rolled-back millage and 2 proposed millage rates, as provided to the property appraiser 3 pursuant to s. 200.065(1) and (2)(b); maximum millage rates 4 calculated pursuant to s. 200.065(5), s. 200.185, or s. 5 200.186, together with values and calculations upon which the 6 maximum millage rates are based; and a certified copy of the 7 advertisement, as published pursuant to s. 200.065(3). In 8 certifying compliance, the governing body of the county shall 9 also include a certified copy of the notice required under s. 10 194.037. However, if the value adjustment board completes its 11 hearings after the deadline for certification under this 12 section, the county shall submit such copy to the department 13 not later than 30 days following completion of such hearings. 14 Section 4. Subsection (3) is added to section 218.63, 15 Florida Statutes, to read: 16 218.63 Participation requirements.-- 17 (3) A county or municipality may not participate in 18 the distribution of local government half-cent sales tax 19 revenues during the 12 months following a determination of 20 noncompliance by the Department of Revenue as provided in s. 21 200.065(13)(e). 22 Section 5. Subsection (5) of section 193.1142, Florida 23 Statutes, is amended to read: 24 193.1142 Approval of assessment rolls.-- 25 (5) Whenever an assessment roll submitted to the 26 department is returned to the property appraiser for 27 additional evaluation, a review notice shall be issued for the 28 express purpose of the adjustment provided in s. 200.065(11) 29 s. 200.065(10). 30 Section 6. Paragraph (f) of subsection (1) of section 31 194.037, Florida Statutes, is amended to read: 6 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 194.037 Disclosure of tax impact.-- 2 (1) After hearing all petitions, complaints, appeals, 3 and disputes, the clerk shall make public notice of the 4 findings and results of the board in at least a quarter-page 5 size advertisement of a standard size or tabloid size 6 newspaper, and the headline shall be in a type no smaller than 7 18 point. The advertisement shall not be placed in that 8 portion of the newspaper where legal notices and classified 9 advertisements appear. The advertisement shall be published in 10 a newspaper of general paid circulation in the county. The 11 newspaper selected shall be one of general interest and 12 readership in the community, and not one of limited subject 13 matter, pursuant to chapter 50. The headline shall read: TAX 14 IMPACT OF VALUE ADJUSTMENT BOARD. The public notice shall list 15 the members of the value adjustment board and the taxing 16 authorities to which they are elected. The form shall show, in 17 columnar form, for each of the property classes listed under 18 subsection (2), the following information, with appropriate 19 column totals: 20 (f) In the sixth column, the net shift in taxes to 21 parcels not granted relief by the board. The shift shall be 22 computed as the amount shown in column 5 multiplied by the 23 applicable millage rates adopted by the taxing authorities in 24 hearings held pursuant to s. 200.065(2)(d) or adopted by vote 25 of the electors pursuant to s. 9(b) or s. 12, Art. VII of the 26 State Constitution, but without adjustment as authorized 27 pursuant to s. 200.065(6) s. 200.065(5). If for any taxing 28 authority the hearing has not been completed at the time the 29 notice required herein is prepared, the millage rate used 30 shall be that adopted in the hearing held pursuant to s. 31 200.065(2)(c). 7 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 Section 7. Paragraph (i) of subsection (2) of section 2 1011.71, Florida Statutes, is amended to read: 3 1011.71 District school tax.-- 4 (2) In addition to the maximum millage levy as 5 provided in subsection (1), each school board may levy not 6 more than 2 mills against the taxable value for school 7 purposes for district schools, including charter schools at 8 the discretion of the school board, to fund: 9 (i) Payment of the cost of school buses when a school 10 district contracts with a private entity to provide student 11 transportation services if the district meets the requirements 12 of this paragraph. 13 1. The district's contract must require that the 14 private entity purchase, lease-purchase, or lease, and operate 15 and maintain, one or more school buses of a specific type and 16 size that meet the requirements of s. 1006.25. 17 2. Each such school bus must be used for the daily 18 transportation of public school students in the manner 19 required by the school district. 20 3. Annual payment for each such school bus may not 21 exceed 10 percent of the purchase price of the state pool bid. 22 4. The proposed expenditure of the funds for this 23 purpose must have been included in the district school board's 24 notice of proposed tax for school capital outlay as provided 25 in s. 200.065(10) s. 200.065(9). 26 27 Violations of these expenditure provisions shall result in an 28 equal dollar reduction in the Florida Education Finance 29 Program (FEFP) funds for the violating district in the fiscal 30 year following the audit citation. 31 Section 8. Section 200.185, Florida Statutes, is 8 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 created to read: 2 200.185 Maximum millage rates for the 2007-2008 and 3 2008-2009 fiscal years.-- 4 (1) As used in this section, the term: 5 (a) "County of special financial concern" means a 6 county considered fiscally constrained pursuant to s. 218.67 7 and for which 1 mill will raise less than $100 per capita. 8 (b) "Municipality of special financial concern" means 9 a municipality within a county of special financial concern or 10 a municipality that has been at any time since 2001 in a state 11 of financial emergency pursuant to s. 218.503. 12 (2)(a) The maximum millage rate that a county, 13 municipal service taxing unit of that county, or a special 14 district dependent to that county may levy by a majority vote 15 of the governing body for the 2007-2008 fiscal year shall be 16 determined as follows: 17 1. For any county of special financial concern for 18 which the compound annual growth rate in total county ad 19 valorem taxes levied, as defined in s. 200.001, per capita 20 from fiscal year 2001-2002 to fiscal year 2006-2007 was no 21 more than 5 percent, 100 percent of the rolled-back rate, as 22 calculated under s. 200.065; 23 2. For any county not included in subparagraph 1. for 24 which the compound annual growth in total county ad valorem 25 taxes levied, as defined in s. 200.001, per capita from fiscal 26 year 2001-2002 to fiscal year 2006-2007 was no more than 7 27 percent, or, notwithstanding subparagraphs 3., 4., and 5., any 28 county that is a county of special financial concern not 29 included in subparagraph 1., 97 percent of the rolled-back 30 rate, as calculated under s. 200.065; 31 3. For any county for which the compound annual growth 9 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 in total county ad valorem taxes levied, as defined in s. 2 200.001, per capita from fiscal year 2001-2002 to fiscal year 3 2006-2007 was greater than 7 percent but no more than 9 4 percent, 95 percent of the rolled-back rate, as calculated 5 under s. 200.065; 6 4. For any county for which the compound annual growth 7 in total county ad valorem taxes levied, as defined in s. 8 200.001, per capita from fiscal year 2001-2002 to fiscal year 9 2006-2007 was greater than 9 percent but no more than 11 10 percent, 93 percent of the rolled-back rate, as calculated 11 under s. 200.065; 12 5. For any county for which the compound annual growth 13 in total county ad valorem taxes levied, as defined in s. 14 200.001, per capita from fiscal year 2001-2002 to fiscal year 15 2006-2007 was greater than 11 percent, 91 percent of the 16 rolled-back rate, as calculated under s. 200.065; 17 (b) The maximum millage rate that may be levied under 18 paragraph (a) may be increased to: 19 1. The rolled-back rate, as calculated under s. 20 200.065, if approved by a three-fourths vote of the governing 21 body of the county or special district dependent thereto; or 22 2. The nonvoted millage rate that was levied in the 23 2006-2007 fiscal year, if approved by a unanimous vote of the 24 governing body of the county or special district dependent 25 thereto. 26 (c) Upon approval of a maximum rate as provided in 27 paragraph (b), a higher rate may be levied if approved by a 28 referendum of the voters. 29 (3)(a) The maximum millage rate that a municipality or 30 a special district dependent to a municipality may levy by a 31 majority vote of the governing body for the 2007-2008 fiscal 10 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 year shall be determined as follows: 2 1. For any municipality for which the compound annual 3 growth in total municipal ad valorem taxes levied, as defined 4 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 5 year 2006-2007 was no more than 6 percent, or, for a 6 municipality that first levied ad valorem taxes in the 7 2002-2003 fiscal year, 100 percent of the rolled-back rate, as 8 calculated under s. 200.065; 9 2. For any municipality for which the compound annual 10 growth in total municipal ad valorem taxes levied, as defined 11 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 12 year 2006-2007 was greater than 6 percent but no more than 7.5 13 percent, or, notwithstanding subparagraphs 3., 4., and 5., any 14 municipality that is a municipality of special financial 15 concern not included in subparagraph 1., 97 percent of the 16 rolled-back rate, as calculated under s. 200.065; 17 3. For any municipality for which the compound annual 18 growth in total municipal ad valorem taxes levied, as defined 19 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 20 year 2006-2007 was greater than 7.5 percent but no more than 21 10.5 percent, 95 percent of the rolled-back rate, as 22 calculated under s. 200.065; 23 4. For any municipality for which the compound annual 24 growth in total municipal ad valorem taxes levied, as defined 25 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 26 year 2006-2007 was greater than 10.5 percent but no more than 27 12.4 percent, 93 percent of the rolled-back rate, as 28 calculated under s. 200.065; 29 5. For any municipality for which the compound annual 30 growth in total municipal ad valorem taxes levied, as defined 31 in s. 200.001, per capita from fiscal year 2001-2002 to fiscal 11 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 year 2006-2007 was greater than 12.4 percent, 91 percent of 2 the rolled-back rate, as calculated under s. 200.065; 3 (b) The maximum millage rate that may be levied under 4 paragraph (a) may be increased to: 5 1. The rolled-back rate, as calculated under s. 6 200.065, if approved by a three-fourths vote of the governing 7 body of the municipality or special district dependent 8 thereto; or 9 2. The nonvoted millage rate that was levied in the 10 2006-2007 fiscal year, if approved by a unanimous vote of the 11 governing body of the municipality or special district 12 dependent thereto. 13 (c) Upon approval of a maximum rate as provided in 14 paragraph (b), a higher rate may be levied if approved by a 15 referendum of the voters. 16 (4) The maximum millage rate that an independent 17 special district may levy by a majority vote of the governing 18 body for the 2007-2008 fiscal year is 97 percent of the 19 rolled-back rate, as calculated under s. 200.065. 20 (a) The maximum millage rate specified in this 21 subsection may be increased to the rolled-back rate if 22 approved by a three-fourths vote of the governing body of the 23 independent special district. 24 (b) The maximum millage rate specified in this 25 subsection may be increased to the nonvoted millage rate that 26 was levied in the 2006-2007 fiscal year, if approved by a 27 unanimous vote of the governing body of the independent 28 special district. 29 (c) Upon approval of a maximum rate in paragraph (b), 30 a higher rate may be levied if approved by a referendum of the 31 voters. 12 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 (5) In the 2008-2009 fiscal year, a county, municipal 2 service taxing units of that county, and special districts 3 dependent to that county; a municipality and special districts 4 dependent to that municipality; and an independent special 5 district may levy a maximum millage determined as follows: 6 (a) The maximum millage rate that may be levied shall 7 be the rolled-back rate calculated pursuant to s. 200.065 and 8 adjusted for growth in per capita Florida personal income, 9 except that ad valorem tax revenue levied in the 2007-2008 10 fiscal year shall be reduced by any tax revenue resulting from 11 a millage rate approved by a super majority vote of the 12 governing board of the taxing authority in excess of the 13 maximum rate that could have been levied by a majority vote as 14 provided in this section. 15 (b) A rate of not more than 110 percent of the rate in 16 paragraph (a) may be levied if approved by a three-fourths 17 vote of the governing body. 18 (c) A rate in excess of the millage rate allowed in 19 paragraph (b) may be levied if approved by a unanimous vote of 20 the governing body or if approved by a referendum of the 21 voters. 22 (6) Any county or municipality that is in violation of 23 this section shall forfeit the distribution of the local 24 government half-cent sales tax revenues during the 12 months 25 following a determination of noncompliance by the Department 26 of Revenue, subject to the conditions provided in ss. 200.065 27 and 218.63. 28 (7) On or before July 13, 2007, the executive director 29 of the Department of Revenue, after consultation with the 30 Revenue Estimating Conference, shall determine and publish on 31 the Department of Revenue's website and in the next available 13 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 issue of the Florida Administrative Weekly the compound annual 2 growth rate in per capita property tax levies for each county 3 and municipality, exclusive of voted levies, calculated from 4 fiscal year 2001-2002 through fiscal year 2006-2007, based on 5 the April 1 official population estimates of 2001 and 2006, 6 respectively, for each jurisdiction pursuant to s. 186.901, 7 exclusive of inmate and patient populations. The determination 8 and publication made pursuant to this subsection is not 9 subject to the provisions of chapter 120. 10 (8) The millage rate of a county or municipality, 11 municipal service taxing unit of that county, and any special 12 district dependent to that county or municipality may exceed 13 in any year the maximum millage rate calculated pursuant to 14 this section if the total county ad valorem taxes levied or 15 total municipal ad valorem taxes levied, as defined in s. 16 200.001, do not exceed the maximum total county ad valorem 17 taxes levied or maximum total municipal ad valorem taxes 18 levied, as defined in s. 200.001, respectively. Voted millage, 19 as defined in s. 200.001, and taxes levied by a municipality 20 or independent special district that has levied ad valorem 21 taxes for less than 5 years are not subject to the limitation 22 on millage rates provided by this section. Total taxes levied 23 may exceed the maximum calculated pursuant to this section as 24 a result of an increase in taxable value above that certified 25 in s. 200.065(1) if such increase is less than the percentage 26 amounts contained in s. 200.065(6); however, if such increase 27 in taxable value exceeds the percentage amounts contained in 28 s. 200.065(6), millage rates subject to this section must be 29 reduced so that total taxes levied do not exceed the maximum. 30 Section 9. The executive director of the Department of 31 Revenue is authorized, and all conditions are deemed met, to 14 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 adopt emergency rules under ss. 120.536(1) and 120.54(4), 2 Florida Statutes, for the purpose of implementing this act. 3 Notwithstanding any other provision of law, such emergency 4 rules shall remain in effect for 18 months after the date of 5 adoption and may be renewed during the pendency of procedures 6 to adopt rules addressing the subject of the emergency rules. 7 Section 10. To the extent that the deadlines and 8 timeframes in current law are inconsistent with implementing 9 the requirements of this act, the executive director of the 10 Department of Revenue may extend the time periods specified by 11 statute or rule for the local government millage and budget 12 adoption process for the 2007 calendar year. The executive 13 director of the Department of Revenue may grant such 14 extensions at his or her own initiation or at the written 15 request of a local government. Such extensions may not exceed 16 21 calendar days. 17 Section 11. For state fiscal years 2007-2008 and 18 2008-2009, the millage rate levied in 2006 may, at the option 19 of a county or municipality, be used for purposes of 20 determining fiscal hardship under s. 218.075, Florida 21 Statutes, and eligibility under s. 339.2816, Florida Statutes. 22 Section 12. Effective August 1, 2007, section 3 of 23 chapter 2006-311, Laws of Florida, is repealed. 24 Section 13. Section 193.155, Florida Statutes, is 25 amended to read: 26 193.155 Homestead assessments.-- 27 (1) Homestead property shall be assessed under the 28 provisions of s. 4(c), Art. VII of the State Constitution, 29 pursuant to s. 27, Art. XII of the State Constitution, at just 30 value as of January 1, 1994. Property receiving the homestead 31 exemption after January 1, 1994, shall be assessed at just 15 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 value as of January 1 of the year in which the property 2 receives the exemption. 3 (1) Beginning in 1995, or the year following the year 4 the property receives homestead exemption, whichever is later, 5 the property shall be reassessed annually on January 1. Any 6 change resulting from such reassessment shall not exceed the 7 lower of the following: 8 (a) Three percent of the assessed value of the 9 property for the prior year; or 10 (b) The percentage change in the Consumer Price Index 11 for All Urban Consumers, U.S. City Average, all items 12 1967=100, or successor reports for the preceding calendar year 13 as initially reported by the United States Department of 14 Labor, Bureau of Labor Statistics. 15 (2) Homestead property shall continue to be assessed 16 under the provisions of s. 4(c), Art. VII of the State 17 Constitution, pursuant to s. 27, Art. XII of the State 18 Constitution, so long as, on January 1 of any year, the sum of 19 the exemption that the property would have been entitled to 20 under s. 6(a) through (d), Art. VII of the State Constitution, 21 as it existed on December 31, 2007, and the difference between 22 the homestead's just value and its assessed value determined 23 pursuant to s. 4(c), Art. VII of the State Constitution, as it 24 existed on December 31, 2007, is greater than the exemption 25 provided in s. 6(a), Art. VII of the State Constitution. After 26 the exemption provided in s. 6(a), Art. VII of the State 27 Constitution exceeds the sum referred to above in any year, 28 the homestead may not be assessed under the provisions of s. 29 4(c), Art. VII of the State Constitution. 30 (2) If the assessed value of the property as 31 calculated under subsection (1) exceeds the just value, the 16 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 assessed value of the property shall be lowered to the just 2 value of the property. 3 (3) Except as provided in this subsection, Property 4 assessed under this section shall be assessed at just value as 5 of January 1 of the year following a change of ownership and 6 is not eligible for assessment under this section. Thereafter, 7 the annual changes in the assessed value of the property are 8 subject to the limitations in subsections (1) and (2). For the 9 purpose of this section, a change in ownership means any sale, 10 foreclosure, or transfer of legal title or beneficial title in 11 equity to any person, except as provided in this subsection. 12 There is no change of ownership if: 13 (a) Subsequent to the change or transfer, the same 14 person is entitled to the homestead exemption as was 15 previously entitled and: 16 1. The transfer of title is to correct an error; 17 2. The transfer is between legal and equitable title; 18 or 19 3. The change or transfer is by means of an instrument 20 in which the owner is listed as both grantor and grantee of 21 the real property and one or more other individuals are 22 additionally named as grantee. However, if any individual who 23 is additionally named as a grantee applies for a homestead 24 exemption on the property, the application shall be considered 25 a change of ownership; 26 (b) The transfer is between husband and wife, 27 including a transfer to a surviving spouse or a transfer due 28 to a dissolution of marriage; 29 (c) The transfer occurs by operation of law under s. 30 732.4015; or 31 (d) Upon the death of the owner, the transfer is 17 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 between the owner and another who is a permanent resident and 2 is legally or naturally dependent upon the owner. 3 (4)(a) Except as provided in paragraph (b), changes, 4 additions, or improvements to homestead property shall be 5 assessed at just value as of the first January 1 after the 6 changes, additions, or improvements are substantially 7 completed. If a change, addition, or improvement to homestead 8 property assessed under this section results in failure to 9 meet the condition required under subsection (2), the property 10 shall no longer qualify for assessment under this section. 11 (b) Changes, additions, or improvements that replace 12 all or a portion of homestead property damaged or destroyed by 13 misfortune or calamity shall not increase the homestead 14 property's assessed value when the square footage of the 15 homestead property as changed or improved does not exceed 110 16 percent of the square footage of the homestead property before 17 the damage or destruction. Additionally, the homestead 18 property's assessed value shall not increase if the total 19 square footage of the homestead property as changed or 20 improved does not exceed 1,500 square feet. Changes, 21 additions, or improvements that do not cause the total to 22 exceed 110 percent of the total square footage of the 23 homestead property before the damage or destruction or that do 24 not cause the total to exceed 1,500 total square feet shall be 25 reassessed as provided under subsection (1). The homestead 26 property's assessed value shall be increased by the just value 27 of that portion of the changed or improved homestead property 28 which is in excess of 110 percent of the square footage of the 29 homestead property before the damage or destruction or of that 30 portion exceeding 1,500 square feet. Homestead property 31 damaged or destroyed by misfortune or calamity which, after 18 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 being changed or improved, has a square footage of less than 2 100 percent of the homestead property's total square footage 3 before the damage or destruction shall be assessed pursuant to 4 subsection (5). This paragraph applies to changes, additions, 5 or improvements commenced within 3 years after the January 1 6 following the damage or destruction of the homestead. 7 (c) Changes, additions, or improvements that replace 8 all or a portion of real property that was damaged or 9 destroyed by misfortune or calamity shall be assessed upon 10 substantial completion as if such damage or destruction had 11 not occurred and in accordance with paragraph (b) if the owner 12 of such property: 13 1. Was permanently residing on such property when the 14 damage or destruction occurred; 15 2. Was not entitled to receive homestead exemption on 16 such property as of January 1 of that year; and 17 3. Applies for and receives homestead exemption on 18 such property the following year. 19 (d) Changes, additions, or improvements include 20 improvements made to common areas or other improvements made 21 to property other than to the homestead property by the owner 22 or by an owner association, which improvements directly 23 benefit the homestead property. Such changes, additions, or 24 improvements shall be assessed at just value, and the just 25 value shall be apportioned among the parcels benefiting from 26 the improvement. 27 (5) When property is destroyed or removed and not 28 replaced, the assessed value of the parcel shall be reduced by 29 the assessed value attributable to the destroyed or removed 30 property. If the destruction or removal of homestead property 31 assessed under this section results in failure to meet the 19 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 condition required under subsection (2), the property shall no 2 longer qualify for assessment under this section. 3 (6) Only property that receives a homestead exemption 4 is subject to this section. No portion of property that is 5 assessed solely on the basis of character or use pursuant to 6 s. 193.461 or s. 193.501, or assessed pursuant to s. 193.505, 7 is subject to this section. When property is assessed under s. 8 193.461, s. 193.501, or s. 193.505 and contains a residence 9 under the same ownership, the portion of the property 10 consisting of the residence and curtilage must be assessed 11 separately, pursuant to s. 193.011, for the assessment to be 12 subject to the limitation in this section. 13 (7) If a person received a homestead exemption limited 14 to that person's proportionate interest in real property, the 15 provisions of this section apply only to that interest. 16 (8) Erroneous assessments of homestead property 17 assessed under this section may be corrected in the following 18 manner: 19 (a) If errors are made in arriving at any assessment 20 under this section due to a material mistake of fact 21 concerning an essential characteristic of the property, the 22 just value and assessed value must be recalculated for every 23 such year, including the year in which the mistake occurred. 24 (b) If changes, additions, or improvements are not 25 assessed at just value as of the first January 1 after they 26 were substantially completed, the property appraiser shall 27 determine the just value for such changes, additions, or 28 improvements for the year they were substantially completed. 29 Assessments for subsequent years shall be corrected, applying 30 this section if applicable. 31 (c) If back taxes are due pursuant to s. 193.092, the 20 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 corrections made pursuant to this subsection shall be used to 2 calculate such back taxes. 3 (9) If the property appraiser determines that for any 4 year or years within the prior 10 years a person who was not 5 entitled to the homestead property assessment limitation 6 granted under this section was granted the homestead property 7 assessment limitation, the property appraiser making such 8 determination shall record in the public records of the county 9 a notice of tax lien against any property owned by that person 10 in the county, and such property must be identified in the 11 notice of tax lien. Such property that is situated in this 12 state is subject to the unpaid taxes, plus a penalty of 50 13 percent of the unpaid taxes for each year and 15 percent 14 interest per annum. However, when a person entitled to 15 exemption pursuant to s. 196.031 inadvertently receives the 16 limitation pursuant to this section following a change of 17 ownership, the assessment of such property must be corrected 18 as provided in paragraph (8)(a), and the person need not pay 19 the unpaid taxes, penalties, or interest. 20 Section 14. Section 193.1551, Florida Statutes, is 21 amended to read: 22 193.1551 Assessment of certain homestead property 23 damaged in 2004 named storms.--Notwithstanding the provisions 24 of s. 193.155(4), the assessment at just value for changes, 25 additions, or improvements to homestead property assessed 26 under the provisions of s. 4(c), Art. VII of the State 27 Constitution, pursuant to s. 27, Art. XII of the State 28 Constitution, which was rendered uninhabitable in one or more 29 of the named storms of 2004 shall be limited to the square 30 footage exceeding 110 percent of the homestead property's 31 total square footage. Additionally, homes having square 21 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 footage of 1,350 square feet or less which were rendered 2 uninhabitable may rebuild up to 1,500 total square feet and 3 the increase in square footage shall not be considered as a 4 change, an addition, or an improvement that is subject to 5 assessment at just value. The provisions of this section are 6 limited to homestead properties in which repairs are completed 7 by January 1, 2008, and apply retroactively to January 1, 8 2005. 9 Section 15. Subsections (1), (2), (3), and (4) of 10 section 196.031, Florida Statutes, are amended to read: 11 196.031 Exemption of homesteads.-- 12 (1) Every person who, on January 1, has the legal 13 title or beneficial title in equity to real property in this 14 state and who resides thereon and in good faith makes the same 15 his or her permanent residence, or the permanent residence of 16 another or others legally or naturally dependent upon such 17 person, is entitled to an exemption from all taxation, except 18 for assessments for special benefits, of 75 percent of the 19 just value up to $200,000 and 15 percent of the just value 20 from $200,001 up to $500,000 up to the assessed valuation of 21 $5,000 on the residence and contiguous real property, as 22 defined in s. 6, Art. VII of the State Constitution. The 23 $500,000 threshold shall be adjusted each year by the 24 percentage change in per capita Florida personal income, as 25 defined in s. 200.001. The exemption may not be less than 26 $50,000; however, for low-income seniors who meet the 27 eligibility criteria under s. 196.075, the exemption may not 28 be less than $100,000. Such title may be held by the 29 entireties, jointly, or in common with others, and the 30 exemption may be apportioned among such of the owners as shall 31 reside thereon, as their respective interests shall appear. If 22 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 only one of the owners of an estate held by the entireties or 2 held jointly with the right of survivorship resides on the 3 property, that owner is allowed an exemption as specified in 4 this subsection of up to the assessed valuation of $5,000 on 5 the residence and contiguous real property. However, no such 6 exemption of more than the amount specified in this subsection 7 $5,000 is allowed to any one person or on any one dwelling 8 house, except that an exemption up to the amount specified in 9 this subsection assessed valuation of $5,000 may be allowed on 10 each apartment or mobile home occupied by a tenant-stockholder 11 or member of a cooperative corporation and on each condominium 12 parcel occupied by its owner. Except for owners of an estate 13 held by the entireties or held jointly with the right of 14 survivorship, the amount of the exemption may not exceed the 15 proportionate assessed valuation of all owners who reside on 16 the property. Before such exemption may be granted, the deed 17 or instrument shall be recorded in the official records of the 18 county in which the property is located. The property 19 appraiser may request the applicant to provide additional 20 ownership documents to establish title. 21 (2) For persons whose homestead property is assessed 22 under s. 4(c), Art. VII of the State Constitution, pursuant to 23 s. 27, Art. XII of the State Constitution, the exemption 24 provided in subsection (1) is limited to the exemption to 25 which they would have been entitled under s. 6(a) through (d), 26 Art. VII of the State Constitution as it existed on December 27 31, 2007. 28 (3)(2) As used in subsection (1), the term 29 "cooperative corporation" means a corporation, whether for 30 profit or not for profit, organized for the purpose of owning, 31 maintaining, and operating an apartment building or apartment 23 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 buildings or a mobile home park to be occupied by its 2 stockholders or members; and the term "tenant-stockholder or 3 member" means an individual who is entitled, solely by reason 4 of his or her ownership of stock or membership in a 5 cooperative corporation, as evidenced in the official records 6 of the office of the clerk of the circuit court of the county 7 in which the apartment building is located, to occupy for 8 dwelling purposes an apartment in a building owned by such 9 corporation or to occupy for dwelling purposes a mobile home 10 which is on or a part of a cooperative unit. A corporation 11 leasing land for a term of 98 years or more for the purpose of 12 maintaining and operating a cooperative thereon shall be 13 deemed the owner for purposes of this exemption. 14 (4)(3)(a) For every person who is entitled to the 15 exemption provided in subsection (1), who is a permanent 16 resident of this state, and who is 65 years of age or older, 17 the exemption is increased to $10,000 of assessed valuation 18 for taxes levied by governing bodies of counties, 19 municipalities, and special districts. 20 (b) For every person who is entitled to the exemption 21 provided in subsection (1), who has been a permanent resident 22 of this state for the 5 consecutive years prior to claiming 23 the exemption under this subsection, and who qualifies for the 24 exemption granted pursuant to s. 196.202 as a totally and 25 permanently disabled person, the exemption is increased to 26 $9,500 of assessed valuation for taxes levied by governing 27 bodies of counties, municipalities, and special districts. 28 (c) No homestead shall be exempted under both 29 paragraphs (a) and (b). In no event shall the combined 30 exemptions of s. 196.202 and paragraph (a) or paragraph (b) 31 exceed $10,000. 24 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 (d) For every person who is entitled to the exemption 2 provided in subsection (1) and who is a permanent resident of 3 this state, the exemption is increased to a total of $25,000 4 of assessed valuation for taxes levied by governing bodies of 5 school districts. 6 (e) For every person who is entitled to the exemption 7 provided in subsection (1) and who is a resident of this 8 state, the exemption is increased to a total of $25,000 of 9 assessed valuation for levies of taxing authorities other than 10 school districts. The exemption provided in subsection (1) 11 does However, the increase provided in this paragraph shall 12 not apply with respect to the assessment roll of a county 13 unless and until the roll of that county has been approved by 14 the executive director pursuant to s. 193.1142. 15 (4) The property appraisers of the various counties 16 shall each year compile a list of taxable property and its 17 value removed from the assessment rolls of each school 18 district as a result of the excess of exempt value above that 19 amount allowed for nonschool levies as provided in subsections 20 (1) and (3), as well as a statement of the loss of tax revenue 21 to each school district from levies other than the minimum 22 financial effort required pursuant to s. 1011.60(6), and shall 23 deliver a copy thereof to the Department of Revenue upon 24 certification of the assessment roll to the tax collector. 25 Section 16. Section 196.002, Florida Statutes, is 26 amended to read: 27 196.002 Legislative intent.--For the purposes of 28 assessment roll recordkeeping and reporting,: 29 (1) The increase in the homestead exemption provided 30 in s. 196.031(3)(d) shall be reported separately for those 31 persons entitled to exemption under paragraph (a) or paragraph 25 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 (b) of s. 196.031(3) and for those persons entitled to 2 exemption under s. 196.031(1) but not under said paragraphs; 3 and 4 (2) the exemptions authorized by each provision of 5 this chapter shall be reported separately for each category of 6 exemption in each such provision, both as to total value 7 exempted and as to the number of exemptions granted. 8 Section 17. Paragraph (b) of subsection (2) of section 9 197.252, Florida Statutes, is amended to read: 10 197.252 Homestead tax deferral.-- 11 (2) 12 (b) If the applicant is 65 years of age or older 13 entitled to claim the increased exemption by reason of age and 14 residency as provided in s. 196.031(3)(a), approval of the 15 application shall defer that portion of the ad valorem taxes 16 plus non-ad valorem assessments which exceeds 3 percent of the 17 applicant's household income for the prior calendar year. If 18 any applicant's household income for the prior calendar year 19 is less than $10,000, or is less than the amount of the 20 household income designated for the additional homestead 21 exemption pursuant to s. 196.075, and the applicant is 65 22 years of age or older, approval of the application shall defer 23 the ad valorem taxes plus non-ad valorem assessments in their 24 entirety. 25 Section 18. Section 196.183, Florida Statutes, is 26 created to read: 27 196.183 Exemption for tangible personal property.-- 28 (1) Each tangible personal property tax return is 29 eligible for an exemption from ad valorem taxation of up to 30 $25,000 of assessed value. A single return must be filed for 31 each site in the county where the owner of tangible personal 26 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 property transacts business. Owners of freestanding property 2 placed at multiple sites, other than sites where the owner 3 transacts business, must file a single return, including all 4 such property located in the county. Freestanding property 5 placed at multiple sites includes vending and amusement 6 machines, LP/propane tanks, utility and cable company 7 property, billboards, leased equipment, and similar property 8 that is not customarily located in the offices, stores, or 9 plants of the owner, but is placed throughout the county. 10 Railroads, private carriers, and other companies assessed 11 pursuant to s. 193.085 shall be allowed one $25,000 exemption 12 for each county to which the value of their property is 13 allocated. 14 (2) The requirement that an annual tangible personal 15 property tax return pursuant to s. 193.052 be filed for 16 taxpayers owning taxable property the value of which, as 17 listed on the return, does not exceed the exemption provided 18 in this section is waived. In order to qualify for this 19 waiver, a taxpayer must file an initial return on which the 20 exemption is taken. If, in subsequent years, the taxpayer owns 21 taxable property the value of which, as listed on the return, 22 exceeds the exemption, the taxpayer is obligated to file a 23 return. The taxpayer may again qualify for the waiver only 24 after filing a return on which the value as listed on the 25 return does not exceed the exemption. A return filed or 26 required to be filed shall be considered an application filed 27 or required to be filed for the exemption under this section. 28 (3) The exemption provided in this section does not 29 apply in any year a taxpayer fails to file a return that is 30 not waived pursuant to subsection (2). Any taxpayer who 31 received a waiver pursuant to subsection (2) and who owns 27 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 taxable property the value of which, as listed on the return, 2 exceeds the exemption in a subsequent year and who fails to 3 file a return with the property appraiser is subject to the 4 penalty contained in s. 193.072(1)(a) calculated without the 5 benefit of the exemption pursuant to this section. Any 6 taxpayer claiming more exemptions than allowed pursuant to 7 subsection (1) is subject to the taxes exempted as a result of 8 wrongfully claiming the additional exemptions plus 15 percent 9 interest per annum and a penalty of 50 percent of the taxes 10 exempted. 11 (4) The exemption provided in this section does not 12 apply to a mobile home that is presumed to be tangible 13 personal property pursuant to s. 193.075(2). 14 Section 19. Section 193.017, Florida Statutes, is 15 amended to read: 16 (Substantial rewording of section. See 17 s. 193.017, F.S., for present text.) 18 193.017 Assessment of structural improvements on land 19 owned by a community land trust and used to provide affordable 20 housing.-- 21 (1) As used in this section, the term "community land 22 trust" means a nonprofit entity that is qualified as 23 charitable under s. 501(c)(3) of the Internal Revenue Code and 24 has as one of its purposes the acquisition of land to be held 25 in perpetuity for the primary purpose of providing affordable 26 homeownership. 27 (2) A community land trust may convey structural 28 improvements located on specific parcels of such land which 29 are identified by a legal description contained in and subject 30 to a ground lease having a term of at least 99 years to 31 natural persons or families who meet the extremely-low, 28 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 very-low, low, and moderate income limits, as specified in s. 2 420.0004, or the income limits for workforce housing, as 3 defined in s. 420.5095(3). A community land trust shall retain 4 a preemptive option to purchase any structural improvements on 5 the land at a price determined by a formula specified in the 6 ground lease which is designed to ensure that the structural 7 improvements remain affordable. 8 (3) In arriving at just valuation under s. 193.011, a 9 structural improvement that provides affordable housing on 10 land owned by a community land trust and subject to a 99-year 11 or longer ground lease shall be assessed using the following 12 criteria: 13 (a) The amount a willing purchaser would pay a willing 14 seller shall be limited to the amount determined by the 15 formula in the ground lease. 16 (b) If the ground lease and all amendments and 17 supplements thereto, or a memorandum documenting how such 18 lease and amendments or supplements restrict the price at 19 which the improvements may be sold, is recorded in the 20 official public records of the county in which the leased land 21 is located, the recorded lease and any amendments and 22 supplements, or the recorded memorandum, shall be deemed a 23 land use regulation during the term of the lease as amended or 24 supplemented. 25 Section 20. Section 193.803, Florida Statutes, is 26 created to read: 27 193.803 Assessment of eligible rental property used 28 for workforce and affordable housing; classification.-- 29 (1) Upon the property owner's application on a form 30 prescribed by the Department of Revenue, the property 31 appraiser shall annually classify for assessment purposes all 29 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 eligible property used for workforce rental housing or 2 affordable rental housing. Eligibility shall be as provided in 3 this section. 4 (2) A property owner whose eligible property is denied 5 classification as workforce rental housing or affordable 6 rental housing by the property appraiser may appeal to the 7 value adjustment board. The property appraiser shall notify 8 the property owner in writing of the denial of the workforce 9 rental housing or affordable rental housing classification on 10 or before July 1 of the year for which the application was 11 filed. The written notification must advise the property owner 12 of his or her right to appeal the denial of classification to 13 the value adjustment board and must contain the deadline for 14 filing an appeal. The property appraiser shall have available 15 at his or her office a list, by property owner, of all 16 applications for classification received, and the list must 17 identify whether or not the classification requested was 18 granted. 19 (3)(a) Eligible property may not be classified as 20 workforce rental housing or affordable rental housing unless 21 an application is filed on or before March 1 of each year. 22 Before approving a classification, the property appraiser may 23 require the property owner to furnish such information as may 24 reasonably be required to establish that the property was 25 actually used as required by this section. Failure by a 26 property owner to apply for classification of eligible 27 property as workforce rental housing or affordable rental 28 housing by March 1 constitutes a 1-year waiver of the 29 privilege granted under this section for workforce rental 30 housing assessment or affordable rental housing assessment. 31 However, a property owner who is qualified to receive a 30 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 workforce rental housing classification or an affordable 2 rental housing classification but who fails to file an 3 application by March 1, may file an application for the 4 classification, and may file, under s. 194.011(3), a petition 5 with the value adjustment board requesting that the 6 classification be granted. The petition may be filed at any 7 time during the taxable year on or before the 25th day 8 following the mailing of the assessment notice by the property 9 appraiser as required under s. 194.011(1). Notwithstanding the 10 provisions of s. 194.013, the applicant must pay a 11 nonrefundable fee of $15 upon filing the petition. Upon review 12 of the petition, if the person is qualified to receive the 13 classification and demonstrates particular extenuating 14 circumstances judged by the property appraiser or the value 15 adjustment board to warrant granting the classification, the 16 property appraiser or the value adjustment board may grant the 17 classification. An owner of property classified as workforce 18 rental housing or affordable rental housing in the previous 19 tax year whose ownership or use has not changed may reapply on 20 a short form prescribed by the department. A county may, at 21 the request of the property appraiser and by a majority vote 22 of its governing body, waive the requirement that an annual 23 application or statement be made for the renewal of the 24 classification of property within the county as workforce 25 rental housing or affordable rental housing after an initial 26 classification is granted by the property appraiser. Such 27 waiver may be revoked by a majority vote of the governing body 28 of the county. Notwithstanding such waiver, an application 29 must be refiled when any property granted the classification 30 is sold or otherwise disposed of, when the ownership changes 31 in any manner, when the applicant ceases to use the property 31 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 as workforce rental housing or affordable rental housing, or 2 when the status of the owner changes so as to change the 3 classified status of the property. 4 (b) For purposes of granting a workforce rental 5 housing or affordable rental housing classification for 6 January 1, 2008, only, the term "extenuating circumstances" as 7 used in paragraph (a) includes the failure of the property 8 owner to return the application for classification by March 1, 9 2008. 10 (4) The following types of property are eligible to be 11 classified by a property appraiser as workforce rental housing 12 or affordable rental housing property, and shall be assessed 13 based upon their character and use and as further described in 14 this section: 15 (a) Property that is funded and rent restricted by the 16 United States Department of Housing and Urban Development 17 under s. 8 of the United States Housing Act of 1937 and that 18 provides affordable housing for eligible persons as defined by 19 s. 159.603 or the elderly, extremely-low-income persons, or 20 very-low-income persons as specified in s. 420.0004. 21 (b) Rental property for multifamily housing, 22 commercial fishing workers and farmworkers, families, persons 23 who are homeless, or the elderly which is funded and rent 24 restricted by the Florida Housing Finance Corporation under s. 25 420.5087, s. 420.5089, s. 420.509, or s. 420.5095, the State 26 Housing Initiatives Partnership Program under s. 420.9072, s. 27 420.9075, or s. 42 of the Internal Revenue Code of 1986, 26 28 U.S.C. s. 42; the HOME Investment Partnership Program under 29 the Cranston-Gonzalez National Affordable Housing Act, 42 30 U.S.C. ss. 12741 et seq.; or the Federal Home Loan Bank's 31 Affordable Housing Program established pursuant to the 32 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 Financial Institutions Reform, Recovery and Enforcement Act of 2 1989, Pub. L. No. 101-73. 3 (c) Multifamily residential rental property of 10 or 4 more units which is certified by the local public housing 5 agency as having 100 percent of its units used to provide 6 affordable housing for extremely-low-income persons, 7 very-low-income persons, low-income persons, or 8 moderate-income persons as specified in s. 420.0004 and which 9 is subject to a land use agreement or other agreement that is 10 recorded in the official records of the county in which the 11 property is located and which recorded agreement restricts the 12 use of the property to affordable housing for a period of at 13 least 20 years. 14 (5) The property appraiser shall remove from the 15 classification of workforce rental housing or affordable 16 rental housing any properties for which the classified use has 17 been abandoned or discontinued, the property has been diverted 18 to another use, or the participation in and eligibility for 19 the programs specified in this section has been terminated. 20 Such removed property shall be assessed at just value under s. 21 193.011. 22 (6) In years in which the proper application for 23 classification as workforce rental housing or affordable 24 rental housing has been made and granted, the assessment of 25 such property shall be based upon its use as workforce rental 26 housing or affordable rental housing and by applying the 27 following methodologies, subject to the provisions of 28 subsection (7): 29 (a) Property used for workforce rental housing or 30 affordable rental housing as described in subsection (4) shall 31 be assessed under the income approach using the actual net 33 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 operating income. 2 (b) Property used for workforce rental housing and 3 affordable rental housing which has received low-income 4 housing tax credits from the Florida Housing Finance 5 Corporation under s. 420.5099 shall be assessed under the 6 income approach using the actual net operating income and the 7 following applies: 8 1. The tax credits granted and the financing generated 9 by the tax credits may not be considered as income. 10 2. The actual rental income from rent-restricted units 11 in such property shall be used by the property appraiser. 12 3. Any costs paid with the tax credits and costs paid 13 with the proceeds from additional financing under chapter 420 14 may not be included as income. 15 (7) By April 1 of each year, the property owner must 16 provide the property appraiser with a return on a form and in 17 a manner prescribed by the Department of Revenue which 18 includes a rent roll and an income and expense statement for 19 the preceding year. After a review of the rent roll and the 20 income and expense statement, the property appraiser may 21 request additional information from the property owner as may 22 be reasonably required to consider the methodologies in 23 subsection (6). Failure to timely provide the property 24 appraiser with the requested information, including failure to 25 meet any extension that may be granted for the submission of 26 information, shall result in an estimated assessment based on 27 the best available information instead of an assessment based 28 on the methodologies provided in subsection (6). Such 29 assessment shall be deemed to be prima facie correct and may 30 be included on the tax roll, and taxes may be extended on the 31 tax roll in the same manner as for all other taxes. 34 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 (8) It is the duty of the owner of any property used 2 for workforce rental housing or affordable rental housing that 3 has been granted the classification for assessment under this 4 section who is not required to file an annual application or 5 statement to notify the property appraiser promptly whenever 6 the use of the property, or the status or condition of the 7 owner, changes so as to change the classified status of the 8 property. If any property owner fails to so notify the 9 property appraiser and the property appraiser determines that 10 for any year within the prior 10 years the owner was not 11 entitled to receive such classification, the owner of the 12 property is subject to the taxes otherwise due and owing as a 13 result of such failure plus 15 percent interest per annum and 14 a penalty of 50 percent of the additional taxes owed. It is 15 the duty of the property appraiser making such determination 16 to record in the public records of the county in which the 17 rental property is located a notice of tax lien against any 18 property owned by that person or entity in the county, and 19 such property must be identified in the notice of tax lien. 20 Such property is subject to the payment of all taxes and 21 penalties. Such lien, when filed, attaches to any property 22 identified in the notice of tax lien owned by the person or 23 entity that illegally or improperly received the 24 classification. If such person or entity no longer owns 25 property in that county but owns property in another county or 26 counties in the state, the property appraiser shall record in 27 such other county or counties a notice of tax lien identifying 28 the property owned by such person or entity in such county or 29 counties which becomes a lien against the identified property. 30 Section 21. Section 196.1978, Florida Statutes, is 31 amended to read: 35 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 196.1978 Affordable housing property 2 exemption.--Property used to provide affordable housing 3 serving eligible persons as defined by s. 159.603(7) and 4 natural persons or families meeting the extremely-low, 5 very-low, low, or moderate persons meeting income limits 6 specified in s. 420.0004 s. 420.0004(8), (10), (11), and (15), 7 which property is owned entirely by a nonprofit entity that 8 which is a corporation not for profit which is qualified as 9 charitable under s. 501(c)(3) of the Internal Revenue Code and 10 which complies with Rev. Proc. 96-32, 1996-1 C.B. 717 or a 11 limited partnership, the sole general partner of which is a 12 corporation not for profit which is qualified as charitable 13 under s. 501(c)(3) of the Internal Revenue Code and which 14 complies with Rev. Proc. 96-32, 1996-1 C.B. 717, shall be 15 considered property owned by an exempt entity and used for a 16 charitable purpose, and those portions of the affordable 17 housing property which provide housing to natural persons or 18 families that meet the extremely-low, very-low, low, or 19 moderate income limits specified individuals with incomes as 20 defined in s. 420.0004 s. 420.0004(10) and (15) shall be 21 exempt from ad valorem taxation to the extent authorized in s. 22 196.196. All property identified in this section shall comply 23 with the criteria for determination of exempt status to be 24 applied by property appraisers on an annual basis as defined 25 in s. 196.195. The Legislature intends that any property owned 26 by a limited liability company or a limited partnership that 27 which is disregarded as an entity for federal income tax 28 purposes pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) 29 shall be treated as owned by its sole member or sole general 30 partner. The exemption provided in this section also extends 31 to land that is owned by an exempt entity and that is subject 36 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 to a 99-year or longer ground lease for the purpose of 2 providing affordable homeownership. 3 Section 22. Paragraph (a) of subsection (1) and 4 paragraphs (b) and (c) of subsection (2) of section 192.0105, 5 Florida Statutes, are amended to read: 6 192.0105 Taxpayer rights.--There is created a Florida 7 Taxpayer's Bill of Rights for property taxes and assessments 8 to guarantee that the rights, privacy, and property of the 9 taxpayers of this state are adequately safeguarded and 10 protected during tax levy, assessment, collection, and 11 enforcement processes administered under the revenue laws of 12 this state. The Taxpayer's Bill of Rights compiles, in one 13 document, brief but comprehensive statements that summarize 14 the rights and obligations of the property appraisers, tax 15 collectors, clerks of the court, local governing boards, the 16 Department of Revenue, and taxpayers. Additional rights 17 afforded to payors of taxes and assessments imposed under the 18 revenue laws of this state are provided in s. 213.015. The 19 rights afforded taxpayers to assure that their privacy and 20 property are safeguarded and protected during tax levy, 21 assessment, and collection are available only insofar as they 22 are implemented in other parts of the Florida Statutes or 23 rules of the Department of Revenue. The rights so guaranteed 24 to state taxpayers in the Florida Statutes and the 25 departmental rules include: 26 (1) THE RIGHT TO KNOW.-- 27 (a) The right to be mailed notice of proposed property 28 taxes and proposed or adopted non-ad valorem assessments (see 29 ss. 194.011(1), 200.065(2)(b) and (d) and (14)(a) (13)(a), and 30 200.069). The notice must also inform the taxpayer that the 31 final tax bill may contain additional non-ad valorem 37 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 assessments (see s. 200.069(10)). 2 (2) THE RIGHT TO DUE PROCESS.-- 3 (b) The right to petition the value adjustment board 4 over objections to assessments, denial of exemption, denial of 5 agricultural classification, denial of historic 6 classification, denial of high-water recharge classification, 7 denial of workforce rental housing or affordable rental 8 housing classification, disapproval of tax deferral, and any 9 penalties on deferred taxes imposed for incorrect information 10 willfully filed. Payment of estimated taxes does not preclude 11 the right of the taxpayer to challenge his or her assessment 12 (see ss. 194.011(3), 196.011(6) and (9)(a), 196.151, 13 196.193(1)(c) and (5), 193.461(2), 193.503(7), 193.625(2), 14 193.803(2), 197.253(2), 197.301(2), and 197.2301(11)). 15 (c) The right to file a petition for exemption, or 16 agricultural classification, or workforce rental housing or 17 affordable rental housing classification with the value 18 adjustment board when an application deadline is missed, upon 19 demonstration of particular extenuating circumstances for 20 filing late (see ss. 193.461(3)(a), 193.803(3)(a), and 21 196.011(1), (7), (8), and (9)(c)). 22 Section 23. Subsection (2) of section 193.052, Florida 23 Statutes, is amended to read: 24 193.052 Preparation and serving of returns.-- 25 (2) No return shall be required for real property the 26 ownership of which is reflected in instruments recorded in the 27 public records of the county in which the property is located, 28 unless otherwise required in this title. In order for land to 29 be considered for agricultural classification under s. 30 193.461, or high-water recharge classification under s. 31 193.625, or workforce rental housing or affordable rental 38 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 housing classification under s. 193.803, an application for 2 classification must be filed on or before March 1 of each year 3 with the property appraiser of the county in which the land is 4 located, except as provided in s. 193.461(3)(a). The 5 application must state that the lands on January 1 of that 6 year were used primarily for bona fide commercial agricultural 7 or high-water recharge purposes or for workforce rental 8 housing or affordable rental housing classified under s. 9 193.803. 10 Section 24. Paragraph (d) of subsection (3) of section 11 193.461, Florida Statutes, is amended to read: 12 193.461 Agricultural lands; classification and 13 assessment; mandated eradication or quarantine program.-- 14 (3) 15 (d) When property receiving an agricultural 16 classification contains a residence under the same ownership, 17 the portion of the property consisting of the residence and 18 curtilage must be assessed separately, pursuant to s. 193.011, 19 to qualify for the assessment limitation set forth in s. 20 193.155 or to qualify for the homestead exemption under s. 21 196.031(1). The remaining property may be classified under the 22 provisions of paragraphs (a) and (b). 23 Section 25. Paragraph (d) of subsection (3) of section 24 194.011, Florida Statutes, is amended to read: 25 194.011 Assessment notice; objections to 26 assessments.-- 27 (3) A petition to the value adjustment board must be 28 in substantially the form prescribed by the department. 29 Notwithstanding s. 195.022, a county officer may not refuse to 30 accept a form provided by the department for this purpose if 31 the taxpayer chooses to use it. A petition to the value 39 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 adjustment board shall describe the property by parcel number 2 and shall be filed as follows: 3 (d) The petition may be filed, as to valuation issues, 4 at any time during the taxable year on or before the 25th day 5 following the mailing of notice by the property appraiser as 6 provided in subsection (1). With respect to an issue 7 involving the denial of an exemption, an agricultural or 8 high-water recharge classification application, an application 9 for classification as historic property used for commercial or 10 certain nonprofit purposes, an application for classification 11 as workforce rental housing or affordable rental housing, or a 12 deferral, the petition must be filed at any time during the 13 taxable year on or before the 30th day following the mailing 14 of the notice by the property appraiser under s. 193.461, s. 15 193.503, s. 193.625, s. 193.803, or s. 196.193 or notice by 16 the tax collector under s. 197.253. 17 Section 26. Subsection (1) of section 195.073, Florida 18 Statutes, is amended to read: 19 195.073 Classification of property.--All items 20 required by law to be on the assessment rolls must receive a 21 classification based upon the use of the property. The 22 department shall promulgate uniform definitions for all 23 classifications. The department may designate other 24 subclassifications of property. No assessment roll may be 25 approved by the department which does not show proper 26 classifications. 27 (1) Real property must be classified according to the 28 assessment basis of the land into the following classes: 29 (a) Residential, subclassified into categories, one 30 category for homestead property and one for nonhomestead 31 property: 40 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 1. Single family. 2 2. Mobile homes. 3 3. Multifamily. 4 4. Condominiums. 5 5. Cooperatives. 6 6. Retirement homes. 7 (b) Commercial and industrial. 8 (c) Agricultural. 9 (d) Nonagricultural acreage. 10 (e) High-water recharge. 11 (f) Historic property used for commercial or certain 12 nonprofit purposes. 13 (g) Exempt, wholly or partially. 14 (h) Centrally assessed. 15 (i) Leasehold interests. 16 (j) Time-share property. 17 (k) Workforce rental housing and affordable rental 18 housing property. 19 (l)(k) Other. 20 Section 27. Paragraph (a) of subsection (3) of section 21 195.096, Florida Statutes, is amended to read: 22 195.096 Review of assessment rolls.-- 23 (3)(a) Upon completion of review pursuant to paragraph 24 (2)(f), the department shall publish the results of reviews 25 conducted under this section. The results must include all 26 statistical and analytical measures computed under this 27 section for the real property assessment roll as a whole, the 28 personal property assessment roll as a whole, and 29 independently for the following real property classes whenever 30 the classes constituted 5 percent or more of the total 31 assessed value of real property in a county on the previous 41 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 tax roll: 2 1. Residential property that consists of one primary 3 living unit, including, but not limited to, single-family 4 residences, condominiums, cooperatives, and mobile homes. 5 2. Residential property that consists of two or more 6 primary living units. 7 3. Agricultural, high-water recharge, historic 8 property used for commercial or certain nonprofit purposes, 9 workforce rental housing and affordable rental housing 10 property, and other use-valued property. 11 4. Vacant lots. 12 5. Nonagricultural acreage and other undeveloped 13 parcels. 14 6. Improved commercial and industrial property. 15 7. Taxable institutional or governmental, utility, 16 locally assessed railroad, oil, gas and mineral land, 17 subsurface rights, and other real property. 18 19 When one of the above classes constituted less than 5 percent 20 of the total assessed value of all real property in a county 21 on the previous assessment roll, the department may combine it 22 with one or more other classes of real property for purposes 23 of assessment ratio studies or use the weighted average of the 24 other classes for purposes of calculating the level of 25 assessment for all real property in a county. The department 26 shall also publish such results for any subclassifications of 27 the classes or assessment rolls it may have chosen to study. 28 Section 28. Section 200.186, Florida Statutes, is 29 created to read: 30 200.186 Maximum millage rates for the 2008-2009 fiscal 31 year.-- 42 4:21 PM 06/13/07 s0002Bb-04-e7v
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 114536 1 (1) In the 2008-2009 fiscal year, a county, municipal 2 service taxing units of that county, and special districts 3 dependent to that county; a municipality and special districts 4 dependent to that municipality; and an independent special 5 district may levy a maximum millage that is determined as 6 follows: 7 (a) The maximum millage rate shall be the rolled-back 8 rate calculated pursuant to s. 200.065 and adjusted for growth 9 in per capita Florida personal income, except that: 10 1. Ad valorem tax revenue levied in the 2007-2008 11 fiscal year, as used in the calculation of the rolled-back 12 rate, shall be reduced by any tax revenue resulting from a 13 millage rate approved by a super majority vote of the 14 governing board of the taxing authority in excess of the 15 maximum rate that could have been levied by a majority vote as 16 provided in s. 200.185; and 17 2. The taxable value within the jurisdiction of each 18 taxing authority, as used in the calculation of the 19 rolled-back rate, shall be increased by the amount necessary 20 to offset any reduction in taxable value occurring as a result 21 of the amendments to the State Constitution contained in SJR 22 4B or HJR 3B revising the homestead tax exemption and 23 providing an exemption from ad valorem taxation for tangible 24 personal property. 25 (b) If approved by a three-fourths vote of the 26 governing body, a rate may be levied in excess of the rate 27 calculated pursuant to paragraph (a) if the excess is not more 28 than 67 percent of the difference between the rolled-back rate 29 calculated pursuant to s. 200.065, and the rate calculated in 30 paragraph (a). 31 43 4:21 PM 06/13/07 s0002Bb-04-e7v