Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. SB 2-B
                        Barcode 413820
                            CHAMBER ACTION
              Senate                               House
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       06/14/2007 02:16 PM         .                    
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11  Senator Webster moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 56, lines 15-30, delete those lines
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16  and insert:  
17         Section 29.  Subsection (6) and paragraph (a) of
18  subsection (9) of section 196.011, Florida Statutes, are
19  amended to read:
20         196.011  Annual application required for exemption.--
21         (6)(a)  Once an original application for tax exemption
22  has been granted, in each succeeding year on or before
23  February 1, the property appraiser shall mail a renewal
24  application to the applicant, and the property appraiser shall
25  accept from each such applicant a renewal application on a
26  form to be prescribed by the Department of Revenue.  Such
27  renewal application shall be accepted as evidence of exemption
28  by the property appraiser unless he or she denies the
29  application.  Upon denial, the property appraiser shall serve,
30  on or before July 1 of each year, a notice setting forth the
31  grounds for denial on the applicant by first-class mail.  Any
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 413820 1 applicant objecting to such denial may file a petition as 2 provided for in s. 194.011(3). 3 (b) Any person who is entitled to a homestead 4 exemption in the prior year under s. 4(c), Art. VII of the 5 State Constitution shall have the option to file an 6 application for exemption under s. 6(a), Art. VII of the State 7 Constitution no later than March 1 of each year. The renewal 8 application shall advise the applicant of his or her option to 9 make an irrevocable election to no longer have his or her 10 homestead assessed under s. 4(c), Art. VII of the State 11 Constitution. After the irrevocable election, the person's 12 homestead shall be assessed under s. 6(a), Art. VII of the 13 State Constitution. 14 (9)(a) A county may, at the request of the property 15 appraiser and by a majority vote of its governing body, waive 16 the requirement that an annual application or statement be 17 made for exemption of property within the county after an 18 initial application is made and the exemption granted. The 19 waiver under this subsection of the annual application or 20 statement requirement applies to all exemptions under this 21 chapter except the exemption under s. 196.1995. 22 Notwithstanding such waiver, refiling of an application or 23 statement shall be required when any property granted an 24 exemption is sold or otherwise disposed of, when the ownership 25 changes in any manner, when the applicant for homestead 26 exemption ceases to use the property as his or her homestead, 27 or when the status of the owner changes so as to change the 28 exempt status of the property, or when an irrevocable election 29 is made to no longer have the homestead exemption under s. 30 4(c), Art. VII of the State Constitution and the homestead 31 receives the exemption under s. 6(a), Art. VII of the State 2 10:31 AM 06/14/07 s0002Bc-09-r9h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 413820 1 Constitution. In its deliberations on whether to waive the 2 annual application or statement requirement, the governing 3 body shall consider the possibility of fraudulent exemption 4 claims which may occur due to the waiver of the annual 5 application requirement. It is the duty of the owner of any 6 property granted an exemption who is not required to file an 7 annual application or statement to notify the property 8 appraiser promptly whenever the use of the property or the 9 status or condition of the owner changes so as to change the 10 exempt status of the property. If any property owner fails to 11 so notify the property appraiser and the property appraiser 12 determines that for any year within the prior 10 years the 13 owner was not entitled to receive such exemption, the owner of 14 the property is subject to the taxes exempted as a result of 15 such failure plus 15 percent interest per annum and a penalty 16 of 50 percent of the taxes exempted. Except for homestead 17 exemptions controlled by s. 196.161, it is the duty of the 18 property appraiser making such determination to record in the 19 public records of the county a notice of tax lien against any 20 property owned by that person or entity in the county, and 21 such property must be identified in the notice of tax lien. 22 Such property is subject to the payment of all taxes and 23 penalties. Such lien when filed shall attach to any property, 24 identified in the notice of tax lien, owned by the person who 25 illegally or improperly received the exemption. Should such 26 person no longer own property in that county, but own property 27 in some other county or counties in the state, it shall be the 28 duty of the property appraiser to record a notice of tax lien 29 in such other county or counties, identifying the property 30 owned by such person or entity in such county or counties, and 31 it shall become a lien against such property in such county or 3 10:31 AM 06/14/07 s0002Bc-09-r9h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 413820 1 counties. 2 Section 30. Subsection (3) is added to section 3 196.111, Florida Statutes, to read: 4 196.111 Property appraisers may notify persons 5 entitled to homestead exemption; publication of notice; 6 costs.-- 7 (3) The notice mailed to any person whose property 8 heretofore was entitled to a homestead exemption in the prior 9 year pursuant to s. 4(c), Art. VII of the State Constitution 10 shall also include the option to file an application to make 11 an irrevocable election to no longer have his or her homestead 12 assessed pursuant to s. 4(c), Art. VII of the State 13 Constitution and to apply for homestead exemption pursuant to 14 s. 6(a), Art. VII of the State Constitution, consistent with 15 the requirements of s. 196.011(6)(b). 16 Section 31. Section 195.022, Florida Statutes, is 17 amended to read: 18 195.022 Forms to be prescribed by Department of 19 Revenue.--The Department of Revenue shall prescribe all forms 20 to be used by property appraisers, tax collectors, clerks of 21 the circuit court, and value adjustment boards in 22 administering and collecting ad valorem taxes. The department 23 shall prescribe a form for each purpose. For counties with a 24 population of 100,000 or fewer, the Department of Revenue 25 shall furnish the forms. For counties with a population 26 greater than 100,000, the county officer shall reproduce forms 27 for distribution at the expense of his or her office. A county 28 officer may use a form other than the form prescribed by the 29 department upon obtaining written permission from the 30 executive director of the department; however, no county 31 officer shall use a form the substantive content of which is 4 10:31 AM 06/14/07 s0002Bc-09-r9h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 413820 1 at variance with the form prescribed by the department for the 2 same or a similar purpose. If the executive director finds 3 good cause to grant such permission he or she may do so. The 4 county officer may continue to use such approved form until 5 the law which specifies the form is amended or repealed or 6 until the officer receives written disapproval from the 7 executive director. Otherwise, all such officers and their 8 employees shall use the forms, and follow the instructions 9 applicable to the forms, which are prescribed by the 10 department. The department, upon request of any property 11 appraiser or, in any event, at least once every 3 years, shall 12 prescribe and furnish such aerial photographs and nonproperty 13 ownership maps to the property appraisers as are necessary to 14 ensure that all real property within the state is properly 15 listed on the roll. All forms and maps furnished by the 16 department shall be paid for by the department as provided by 17 law. All forms and maps and instructions relating to their use 18 shall be substantially uniform throughout the state. An 19 officer may employ supplemental forms and maps, at the expense 20 of his or her office, which he or she deems expedient for the 21 purpose of administering and collecting ad valorem taxes. The 22 forms required in ss. 193.461(3)(a) and 196.011(1) for renewal 23 purposes shall require sufficient information for the property 24 appraiser to evaluate the changes in use since the prior year. 25 The form required in s. 193.155(2) for election to retain 26 benefits under s. 27, Art. XII of the State Constitution shall 27 be adopted by the department. If the property appraiser 28 determines, in the case of a taxpayer, that he or she has 29 insufficient current information upon which to approve the 30 exemption, or if the information on the renewal form is 31 inadequate for him or her to evaluate the taxable status of 5 10:31 AM 06/14/07 s0002Bc-09-r9h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 413820 1 the property, he or she may require the resubmission of an 2 original application. 3 Section 32. Transitional assessment of homestead 4 property; effective date.-- 5 (1) Each person entitled to a homestead exemption 6 under Section 6 of Article VII of the State Constitution shall 7 continue to have his or her current homestead assessed under 8 Section 4(c) of Article VII of the State Constitution until 9 the person makes an irrevocable election to no longer have his 10 or her homestead assessed under Section 4(c) of Article VII of 11 the State Constitution. After the irrevocable election is 12 made, the homestead may not be assessed under Section 4(c) of 13 Article VII of the State Constitution. 14 (2) The exemption provided in Section 6(a) of Article 15 VII of the State Constitution to each person entitled to have 16 the person's homestead assessed under Section 4(c) of Article 17 VII of the State Constitution pursuant to subsection (1) shall 18 be limited to the exemption the person would have been 19 entitled to under Section 6(a)-(d) of Article VII of the State 20 Constitution as it existed on the day before the effective 21 date of this section. 22 Section 33. If any law that is amended by this act was 23 also amended by a law enacted during the 2007 Regular Session 24 or any 2007 special session of the Legislature, such laws 25 shall be construed as if they had been enacted during the same 26 session of the Legislature, and full effect should be given to 27 each if that is possible. 28 Section 34. Except as otherwise expressly provided in 29 this act, this act and section 33 of this act shall take 30 effect upon becoming a law, sections 13 through 32 of this act 31 shall take effect only upon the effective date of amendments 6 10:31 AM 06/14/07 s0002Bc-09-r9h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 2-B Barcode 413820 1 to the State Constitution contained in Senate Joint Resolution 2 4B or House Joint Resolution 3B revising the homestead tax 3 exemption and providing an exemption from ad valorem taxation 4 for tangible personal property and property used for workforce 5 and affordable rental housing, and sections 13 through 32 of 6 this act shall apply retroactively to the 2008 tax roll. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 6, line 26, after the semicolon, 12 13 insert: 14 amending ss. 196.011 and 196.111, F.S.; 15 providing a procedure by which a person may 16 make an irrevocable election to have his or her 17 homestead assessed under s. 6(a), Art. VII of 18 the State Constitution rather than under s. 19 4(c), Art. VII of the State Constitution; 20 requiring the property appraisers to provide 21 notice of such option by mail; amending s. 22 195.022, F.S.; requiring the Department of 23 Revenue to adopt a form by rule; providing for 24 the transition of assessments of homestead 25 property; 26 27 28 29 30 31 7 10:31 AM 06/14/07 s0002Bc-09-r9h