Senate Bill sb0002B

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    Florida Senate - 2007                                   SB 2-B

    By Senator Webster





    9-2709F-07

  1                      A bill to be entitled

  2         An act relating to ad valorem taxation;

  3         amending s. 200.001, F.S.; providing

  4         definitions for purposes of provisions

  5         governing the fixing of millage rates; amending

  6         s. 200.065, F.S.; revising the method for

  7         computing the rolled-back rate; providing that

  8         the rolled-back rate excludes the amount paid

  9         or applied as a consequence of an obligation

10         measured by the dedicated increment value;

11         requiring that the property appraiser provide

12         instructions to the taxing authorities for

13         computing the maximum millage rate; revising

14         the method of calculating the maximum millage

15         rate beginning in the 2009-2010 fiscal year;

16         providing for higher millage rates if adopted

17         by certain required votes of the governing body

18         of the taxing authority or approved by

19         referendum; providing certain exceptions to the

20         limitations on millage rates; providing that a

21         county or municipality is subject to forfeiture

22         of the distribution of the local government

23         half-cent sales tax revenues for 12 months if

24         it or its municipal service taxing units or

25         dependent special districts do not comply with

26         provisions limiting maximum millage rates;

27         requiring the tax collector to hold revenues in

28         escrow during the pendency of any procedure to

29         correct a millage rate or any administrative or

30         judicial challenge to such forfeiture;

31         specifying procedures that a county or

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    Florida Senate - 2007                                   SB 2-B
    9-2709F-07




 1         municipality, special district dependent

 2         thereto, or municipal service taxing unit must

 3         follow if it fails to remedy such

 4         noncompliance; requiring that the taxing

 5         authority repeat its hearing and notice process

 6         with respect to preparing a budget and setting

 7         millage rates; amending s. 200.068, F.S.;

 8         requiring each taxing authority to include

 9         calculations upon which maximum millage rates

10         are based in the certification of value;

11         amending s. 218.63, F.S.; prohibiting a county

12         or municipality that levies taxes in excess of

13         the maximum aggregate taxes permitted by law

14         from participating in the distribution of local

15         government half-cent sales tax revenues;

16         amending ss. 193.1142, 194.037, and 1011.71,

17         F.S., relating to approval of the assessment

18         rolls, disclosure of tax impact, and school

19         district taxes; conforming cross-references;

20         creating s. 200.185, F.S.; providing

21         definitions; specifying the maximum millage

22         rates that a county, municipal service taxing

23         unit, municipality, dependent district, or

24         independent district may levy for the 2007-2008

25         fiscal year based on per capita growth in ad

26         valorem taxes; requiring the Department of

27         Revenue to calculate, in consultation with the

28         Revenue Estimating Conference, and publish the

29         annual growth rate in per capita ad valorem

30         taxes for each taxing authority; providing

31         certain exceptions to the limitations on

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    Florida Senate - 2007                                   SB 2-B
    9-2709F-07




 1         maximum millage rates; authorizing the

 2         Department of Revenue to adopt emergency rules;

 3         authorizing the executive director of the

 4         Department of Revenue to extend the time

 5         specified in law or rule for a local government

 6         to adopt its millage rate and budget for the

 7         2007 calendar year; providing an optional

 8         method by which a county or municipality may

 9         determine fiscal hardship for purposes of a

10         reduction or waiver of processing fees and may

11         be eligible for a road assistance program;

12         repealing s. 3, ch. 2006-311, Laws of Florida,

13         relating to provisions requiring the Department

14         of Revenue to conduct a study of the state's

15         property tax structure and analyze the current

16         homestead exemptions and homestead assessment

17         limitations; amending ss. 193.155 and 193.1551,

18         F.S.; revising the method of calculating

19         homestead assessments pursuant to amendments to

20         the State Constitution; limiting the continued

21         applicability of certain assessment criteria

22         provided under the State Constitution;

23         providing that a change, addition, or

24         improvement to homestead property or the

25         destruction or removal of homestead property

26         may limit the continued applicability of

27         certain assessment criteria; amending s.

28         196.031, F.S.; revising the exemption from

29         taxation provided for homesteads; specifying

30         the amount of the exemption based on just

31         value; providing that a owner of property is

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    Florida Senate - 2007                                   SB 2-B
    9-2709F-07




 1         entitled to an alternative exemption under

 2         certain circumstances; deleting certain

 3         obsolete provisions; deleting a requirement

 4         that each property appraiser compile a list of

 5         properties removed from the assessment roll of

 6         the school district as a result of exempt

 7         value; amending s. 196.002, F.S.; revising

 8         certain reporting requirements for the property

 9         appraiser in order to conform to changes made

10         by the act; amending s. 197.252, F.S., relating

11         to the homestead tax deferral; conforming

12         provisions to changes made by the act; creating

13         s. 196.183, F.S.; exempting each tangible

14         personal property tax return from a specified

15         amount of assessed value; limiting a single

16         business operation within a county to one

17         exemption; providing a procedure for waiving

18         the requirement to file an annual tangible

19         personal property tax return if the taxpayer is

20         entitled to the exemption; requiring the

21         Department of Revenue to prescribe a form;

22         providing penalties for failure to file a

23         return as required or to claim more exemptions

24         than allowed; providing that the exemption does

25         not apply to mobile homes; amending s. 193.017,

26         F.S.; revising provisions providing for the

27         assessment of property receiving the low-income

28         housing tax credit; providing for the

29         assessment of structural improvements on land

30         owned by a community land trust and used to

31         provide affordable housing; defining the term

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    Florida Senate - 2007                                   SB 2-B
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 1         "community land trust"; providing for the

 2         conveyance of structural improvements, subject

 3         to certain conditions; specifying the criteria

 4         to be used in arriving at just valuation of a

 5         structural improvement; creating s. 193.803,

 6         F.S.; providing for the assessment of rental

 7         property used for workforce housing or

 8         affordable housing; authorizing a property

 9         owner to appeal a denial of eligibility to the

10         value adjustment board; requiring that a

11         property owner file an application for such

12         classification with the property appraiser or

13         file a petition with the value adjustment

14         board; providing a fee for filing a petition;

15         providing for reapplication to be made on a

16         short form provided by the Department of

17         Revenue; defining the term "extenuating

18         circumstances" for purposes of granting a

19         classification for January 1, 2008; specifying

20         the types of property that are eligible to be

21         classified as workforce rental housing or

22         affordable rental housing; requiring that

23         property be removed from such classification if

24         its use or program eligibility changes;

25         providing the methodologies for assessing

26         workforce rental housing and affordable rental

27         housing; requiring that the property owner

28         annually provide a rent roll and income and

29         expense statement to the property appraiser for

30         the preceding year; authorizing the property

31         appraiser to base the assessment on the best

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    Florida Senate - 2007                                   SB 2-B
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 1         available information if the property owner

 2         fails to provide the rent roll and statement;

 3         providing for a tax lien to be filed against

 4         property that is misclassified as workforce

 5         rental housing or affordable rental housing

 6         within a specified period; amending ss.

 7         196.1978, 192.0105, 193.052, 193.461, 194.011,

 8         195.073, and 195.096, F.S., relating to the

 9         affordable housing property exemption, taxpayer

10         rights, the preparation and serving of returns,

11         assessments involving agricultural lands,

12         assessment notices and objections, the

13         classification of property, and the review of

14         assessment rolls; conforming provisions to

15         changes made by the act; creating s. 200.186,

16         F.S.; specifying a formula for counties,

17         municipalities, municipal service taxing units,

18         dependent districts, and independent districts

19         to determine a maximum millage rate for the

20         2008-2009 fiscal year; providing that a taxing

21         authority in violation of such provision

22         forfeits its local government half-cent sales

23         tax revenues; providing certain exceptions to

24         the limitations on millage rates; providing

25         that certain provisions of the act apply

26         retroactively; providing for construction of

27         the act in pari materia with laws enacted

28         during the 2007 Regular Session or any 2007

29         special session of the Legislature; providing

30         effective dates, one of which is contingent.

31  

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    Florida Senate - 2007                                   SB 2-B
    9-2709F-07




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Paragraphs (h), (i), (j), (k), (l), and (m)

 4  are added to subsection (8) of section 200.001, Florida

 5  Statutes, to read:

 6         200.001  Millages; definitions and general

 7  provisions.--

 8         (8)

 9         (h)  "Dedicated increment value" means the proportion

10  of the cumulative increase in taxable value within a defined

11  geographic area used to determine a tax increment amount to be

12  paid to a redevelopment trust fund pursuant to s.

13  163.387(2)(a) or to be paid or applied pursuant to an

14  ordinance, resolution, or agreement to fund a project or to

15  finance essential infrastructure. Upon creating any obligation

16  for payment to a redevelopment trust fund or otherwise

17  pursuant to an ordinance, resolution, or agreement to fund a

18  project or to finance essential infrastructure based on an

19  increase in assessed value, the taxing authority shall certify

20  to the property appraiser the boundaries of the designated

21  geographic area and the date of the most recent assessment

22  roll used in connection with the taxation of such property

23  prior to creation of the obligation. If the increment amount

24  payment is not based on a specific proportion of the

25  cumulative increase in taxable value within a defined

26  geographic area, such value shall be reduced by multiplying by

27  a proportion calculated by dividing the payment in the prior

28  year, if any, by the product of the millage rate in the prior

29  year and the cumulative increase in taxable value within the

30  defined geographic area in the prior year. For tax years

31  beginning on or after January 1, 2008, information provided to

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    Florida Senate - 2007                                   SB 2-B
    9-2709F-07




 1  the property appraiser after May 1 of any year may not be used

 2  for the current year's certification.

 3         (i)  "Per capita Florida personal income" means Florida

 4  nominal personal income for the four quarters ending the prior

 5  September 30, as published by the Bureau of Economic Analysis

 6  of the United States Department of Commerce, or its successor,

 7  divided by the prior April 1 official estimate of Florida

 8  resident population pursuant to s. 186.901, which shall be

 9  reported by the Office of Economic and Demographic Research by

10  April 1 of each year.

11         (j)  "Total county ad valorem taxes levied" means all

12  property taxes other than voted levies, as defined in s.

13  200.001, levied by a county, any municipal service taxing

14  units of that county, and any special districts dependent to

15  that county in a fiscal year.

16         (k)  "Total municipal ad valorem taxes levied" means

17  all property taxes other than voted levies, as defined in s.

18  200.001, levied by a municipality and any special districts

19  dependent to that municipality in a fiscal year.

20         (l)  "Maximum total county ad valorem taxes levied"

21  means the total taxes levied by a county, municipal service

22  taxing units of that county, and special districts dependent

23  to that county at their individual maximum millages,

24  calculated pursuant to s. 200.065(5)(a) for fiscal years

25  2009-2010 and thereafter, pursuant to s. 200.185 for fiscal

26  years 2007-2008 and 2008-2009, and pursuant to s. 200.186 for

27  fiscal year 2008-2009 if SJR 4B or HJR 3B is approved by a

28  vote of the electors.

29         (m)  "Maximum total municipal ad valorem taxes levied"

30  means the total taxes levied by a municipality and special

31  districts dependent to that municipality at their individual

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    Florida Senate - 2007                                   SB 2-B
    9-2709F-07




 1  maximum millages, calculated pursuant to s. 200.065(5)(b) for

 2  fiscal years 2009-2010 and thereafter, by s. 200.185 for

 3  fiscal years 2007-2008 and 2008-2009, and pursuant to s.

 4  200.186 for fiscal year 2008-2009 if SJR 4B or HJR 3B is

 5  approved by a vote of the electors.

 6         Section 2.  Subsection (1), paragraph (d) of subsection

 7  (2), subsection (4), and present subsection (12) of section

 8  200.065, Florida Statutes, are amended, present subsections

 9  (5) through (14) of that section are redesignated as

10  subsections (6) through (15), respectively, and a new

11  subsection (5) is added to that section, to read:

12         200.065  Method of fixing millage.--

13         (1)  Upon completion of the assessment of all property

14  pursuant to s. 193.023, the property appraiser shall certify

15  to each taxing authority the taxable value within the

16  jurisdiction of the taxing authority. This certification shall

17  include a copy of the statement required to be submitted under

18  s. 195.073(3), as applicable to that taxing authority. The

19  form on which the certification is made shall include

20  instructions to each taxing authority describing the proper

21  method of computing a millage rate which, exclusive of new

22  construction, additions to structures, deletions, increases in

23  the value of improvements that have undergone a substantial

24  rehabilitation which increased the assessed value of such

25  improvements by at least 100 percent, and property added due

26  to geographic boundary changes, total taxable value of

27  tangible personal property within the jurisdiction in excess

28  of 115 percent of the previous year's total taxable value, and

29  any dedicated increment value, will provide the same ad

30  valorem tax revenue for each taxing authority as was levied

31  during the prior year less the amount, if any, paid or applied

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    Florida Senate - 2007                                   SB 2-B
    9-2709F-07




 1  as a consequence of an obligation measured by the dedicated

 2  increment value. That millage rate shall be known as the

 3  "rolled-back rate." The property appraiser shall also include

 4  instructions, as prescribed by the Department of Revenue, to

 5  each county and municipality, each special district dependent

 6  to a county or municipality, each municipal service taxing

 7  unit, and each independent special district describing the

 8  proper method of computing the millage rates and taxes levied

 9  as specified in subsection (5). The Department of Revenue

10  shall prescribe the instructions and forms that are necessary

11  to administer this subsection and subsection (5). The

12  information provided pursuant to this subsection shall also be

13  sent to the tax collector by the property appraiser at the

14  time it is sent to each taxing authority.

15         (2)  No millage shall be levied until a resolution or

16  ordinance has been approved by the governing board of the

17  taxing authority which resolution or ordinance must be

18  approved by the taxing authority according to the following

19  procedure:

20         (d)  Within 15 days after the meeting adopting the

21  tentative budget, the taxing authority shall advertise in a

22  newspaper of general circulation in the county as provided in

23  subsection (3), its intent to finally adopt a millage rate and

24  budget.  A public hearing to finalize the budget and adopt a

25  millage rate shall be held not less than 2 days or more than 5

26  days after the day that the advertisement is first published.

27  During the hearing, the governing body of the taxing authority

28  shall amend the adopted tentative budget as it sees fit, adopt

29  a final budget, and adopt a resolution or ordinance stating

30  the millage rate to be levied. The resolution or ordinance

31  shall state the percent, if any, by which the millage rate to

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    Florida Senate - 2007                                   SB 2-B
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 1  be levied exceeds the rolled-back rate computed pursuant to

 2  subsection (1), which shall be characterized as the percentage

 3  increase in property taxes adopted by the governing body.  The

 4  adoption of the budget and the millage-levy resolution or

 5  ordinance shall be by separate votes.  For each taxing

 6  authority levying millage, the name of the taxing authority,

 7  the rolled-back rate, the percentage increase, and the millage

 8  rate to be levied shall be publicly announced prior to the

 9  adoption of the millage-levy resolution or ordinance. In no

10  event may the millage rate adopted pursuant to this paragraph

11  exceed the millage rate tentatively adopted pursuant to

12  paragraph (c). If the rate tentatively adopted pursuant to

13  paragraph (c) exceeds the proposed rate provided to the

14  property appraiser pursuant to paragraph (b), or as

15  subsequently adjusted pursuant to subsection (11) (10), each

16  taxpayer within the jurisdiction of the taxing authority shall

17  be sent notice by first-class mail of his or her taxes under

18  the tentatively adopted millage rate and his or her taxes

19  under the previously proposed rate. The notice must be

20  prepared by the property appraiser, at the expense of the

21  taxing authority, and must generally conform to the

22  requirements of s. 200.069. If such additional notice is

23  necessary, its mailing must precede the hearing held pursuant

24  to this paragraph by not less than 10 days and not more than

25  15 days.

26         (4)  The resolution or ordinance approved in the manner

27  provided for in this section shall be forwarded to the

28  property appraiser and the tax collector within 3 days after

29  the adoption of such resolution or ordinance. No millage other

30  than that approved by referendum may be levied until the

31  resolution or ordinance to levy required in subsection (2) is

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    Florida Senate - 2007                                   SB 2-B
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 1  approved by the governing board of the taxing authority and

 2  submitted to the property appraiser and the tax collector. The

 3  receipt of the resolution or ordinance by the property

 4  appraiser shall be considered official notice of the millage

 5  rate approved by the taxing authority, and that millage rate

 6  shall be the rate applied by the property appraiser in

 7  extending the rolls pursuant to s. 193.122, subject to the

 8  provisions of subsection (6) (5). These submissions shall be

 9  made within 101 days of certification of value pursuant to

10  subsection (1).

11         (5)(a)  Beginning in the 2009-2010 fiscal year and in

12  each year thereafter, the maximum millage rate that a county,

13  municipality, special district dependent to a county or

14  municipality, municipal service taxing unit, or independent

15  special district may levy is a rolled-back rate based on the

16  amount of taxes which would have been levied in the prior year

17  if the maximum millage rate had been applied, adjusted for

18  growth in per capita Florida personal income, unless a higher

19  rate is adopted, in which case the maximum is the adopted

20  rate. A higher rate may be adopted only under the following

21  conditions:

22         1.  A rate of not more than 110 percent of the

23  rolled-back rate based on the previous year's maximum millage

24  rate, adjusted for growth in per capita Florida personal

25  income, may be adopted if approved by a two-thirds vote of the

26  governing body of the county, municipality, or independent

27  district; or

28         2.  A rate in excess of 110 percent may be adopted if

29  approved by a unanimous vote of the governing body of the

30  county, municipality, or independent district or if the rate

31  is approved by a referendum.

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    Florida Senate - 2007                                   SB 2-B
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 1         (b)  The millage rate of a county or municipality,

 2  municipal service taxing unit of that county, and any special

 3  district dependent to that county or municipality may exceed

 4  in any year the maximum millage rate calculated pursuant to

 5  this subsection if the total county ad valorem taxes levied or

 6  total municipal ad valorem taxes levied, as defined in s.

 7  200.001, do not exceed the maximum total county ad valorem

 8  taxes levied or maximum total municipal ad valorem taxes

 9  levied, as defined in s. 200.001, respectively. Voted millage

10  as defined in this chapter and taxes levied by a municipality

11  or independent special district that has levied ad valorem

12  taxes for less than 5 years are not subject to the limitation

13  on millage rates provided by this subsection. Total taxes

14  levied may exceed the maximum calculated pursuant to

15  subsection (6) as a result of an increase in taxable value

16  above that certified in subsection (1) if such increase is

17  less than the percentage amounts contained in subsection (6);

18  however, if such increase in taxable value exceeds the

19  percentage amounts contained in this subsection, millage rates

20  subject to subsection (6), s. 200.185, or s. 200.186 must be

21  reduced so that total taxes levied do not exceed the maximum.

22         (13)(12)(a)  Any taxing authority in violation of this

23  section, other than subsection (5), shall be subject to

24  forfeiture of state funds otherwise available to it for the 12

25  months following a determination of noncompliance by the

26  Department of Revenue appropriate state agency.

27         (b)  Within 30 days of the deadline for certification

28  of compliance required by s. 200.068, the department shall

29  notify any taxing authority in violation of this section,

30  other than subsection (5), that it is subject to paragraph

31  (c). Except for revenues from voted levies or levies imposed

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    Florida Senate - 2007                                   SB 2-B
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 1  pursuant to s. 1011.60(6), the revenues of any taxing

 2  authority in violation of this section, other than subsection

 3  (5), collected in excess of the rolled-back rate shall be held

 4  in escrow until the process required by paragraph (c) is

 5  completed and approved by the department. The department shall

 6  direct the tax collector to so hold such funds.

 7         (c)  Any taxing authority so noticed by the department

 8  shall repeat the hearing and notice process required by

 9  paragraph (2)(d), except that:

10         1.  The advertisement shall appear within 15 days of

11  notice from the department.

12         2.  The advertisement, in addition to meeting the

13  requirements of subsection (3), shall contain the following

14  statement in boldfaced type immediately after the heading:

15  

16         THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing

17  authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE

18  TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND

19  NOTICE.

20  

21         3.  The millage newly adopted at this hearing shall not

22  be forwarded to the tax collector or property appraiser and

23  may not exceed the rate previously adopted.

24         4.  If the newly adopted millage is less than the

25  amount previously forwarded pursuant to subsection (4), any

26  moneys collected in excess of the new levy shall be held in

27  reserve until the subsequent fiscal year and shall then be

28  utilized to reduce ad valorem taxes otherwise necessary.

29         (d)  If any county or municipality is in violation of

30  subsection (5), s. 200.185, or s. 200.186 because total county

31  or municipal ad valorem taxes exceeded the maximum total

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    Florida Senate - 2007                                   SB 2-B
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 1  county or municipal ad valorem taxes, respectively, that

 2  county shall forfeit the distribution of local government

 3  half-cent sales tax revenues during the 12 months following a

 4  determination of noncompliance by the Department of Revenue as

 5  described in s. 218.63(3) and this subsection. If the

 6  executive director of the Department of Revenue determines

 7  that any county or municipality may be in violation of

 8  subsection (5), s. 200.185, or s. 200.186, the Department of

 9  Revenue and the county or municipality shall follow the

10  procedures set forth in paragraph (e). During the pendency of

11  any procedure under paragraph (e) or any administrative or

12  judicial action to challenge any action taken under this

13  subsection, the tax collector shall hold in escrow any

14  revenues collected in excess of the amount allowed by

15  subsection (5), s. 200.185, or s. 200.186, as determined by

16  the executive director. Such revenues shall be held in escrow

17  until the process required by paragraph (e) is completed and

18  approved by the department. The department shall direct the

19  tax collector to so hold such funds. If the county or

20  municipality remedies the noncompliance, any moneys collected

21  in excess of the new levy or in excess of the amount allowed

22  by subsection (5), s. 200.185, or s. 200.186 shall be held in

23  reserve until the subsequent fiscal year, and shall then be

24  used to reduce ad valorem taxes otherwise necessary. If the

25  county or municipality does not remedy the noncompliance, the

26  provisions of s. 218.63 shall apply.

27         (e)  The following procedures shall be followed when

28  the executive director notifies a county or municipality,

29  special district dependent thereto, or municipal service

30  taxing unit of the county that he or she has determined that

31  

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    Florida Senate - 2007                                   SB 2-B
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 1  it may be in violation of subsection (5), s. 200.185, or s.

 2  200.186:

 3         1.  Within 30 days after the deadline for certification

 4  of compliance required by s. 200.068, the executive director

 5  shall notify the taxing authority of his or her determination

 6  regarding subsection (5), s. 200.185, or s. 200.186 and that

 7  it is subject to subparagraph 2.

 8         2.  Any taxing authority so noticed by the executive

 9  director shall repeat the hearing and notice process required

10  by paragraph (2)(d), except that:

11         a.  The advertisement shall appear within 15 days after

12  notice from the executive director.

13         b.  The advertisement, in addition to meeting the

14  requirements of subsection (3), must contain the following

15  statement in boldfaced type immediately after the heading:

16  

17         THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing

18  authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE

19  TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND

20  NOTICE.

21  

22         c.  The millage newly adopted at this hearing shall not

23  be forwarded to the tax collector or property appraiser and

24  may not exceed the rate previously adopted or the amount

25  allowed by subsection (5), s. 200.185, or s. 200.186.

26         d.  The determination of the executive director is not

27  subject to chapter 120.

28         Section 3.  Section 200.068, Florida Statutes, is

29  amended to read:

30         200.068  Certification of compliance with this

31  chapter.--Not later than 30 days following adoption of an

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    Florida Senate - 2007                                   SB 2-B
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 1  ordinance or resolution establishing a property tax levy, each

 2  taxing authority shall certify compliance with the provisions

 3  of this chapter to the Department of Revenue.  In addition to

 4  a statement of compliance, such certification shall include a

 5  copy of the ordinance or resolution so adopted; a copy of the

 6  certification of value showing rolled-back millage and

 7  proposed millage rates, as provided to the property appraiser

 8  pursuant to s. 200.065(1) and (2)(b); maximum millage rates

 9  calculated pursuant to s. 200.065(5), s. 200.185, or s.

10  200.186, together with values and calculations upon which the

11  maximum millage rates are based; and a certified copy of the

12  advertisement, as published pursuant to s. 200.065(3). In

13  certifying compliance, the governing body of the county shall

14  also include a certified copy of the notice required under s.

15  194.037. However, if the value adjustment board completes its

16  hearings after the deadline for certification under this

17  section, the county shall submit such copy to the department

18  not later than 30 days following completion of such hearings.

19         Section 4.  Subsection (3) is added to section 218.63,

20  Florida Statutes, to read:

21         218.63  Participation requirements.--

22         (3)  A county or municipality may not participate in

23  the distribution of local government half-cent sales tax

24  revenues during the 12 months following a determination of

25  noncompliance by the Department of Revenue as provided in s.

26  200.065(13)(e).

27         Section 5.  Subsection (5) of section 193.1142, Florida

28  Statutes, is amended to read:

29         193.1142  Approval of assessment rolls.--

30         (5)  Whenever an assessment roll submitted to the

31  department is returned to the property appraiser for

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 1  additional evaluation, a review notice shall be issued for the

 2  express purpose of the adjustment provided in s. 200.065(11)

 3  s. 200.065(10).

 4         Section 6.  Paragraph (f) of subsection (1) of section

 5  194.037, Florida Statutes, is amended to read:

 6         194.037  Disclosure of tax impact.--

 7         (1)  After hearing all petitions, complaints, appeals,

 8  and disputes, the clerk shall make public notice of the

 9  findings and results of the board in at least a quarter-page

10  size advertisement of a standard size or tabloid size

11  newspaper, and the headline shall be in a type no smaller than

12  18 point. The advertisement shall not be placed in that

13  portion of the newspaper where legal notices and classified

14  advertisements appear. The advertisement shall be published in

15  a newspaper of general paid circulation in the county. The

16  newspaper selected shall be one of general interest and

17  readership in the community, and not one of limited subject

18  matter, pursuant to chapter 50.  The headline shall read: TAX

19  IMPACT OF VALUE ADJUSTMENT BOARD. The public notice shall list

20  the members of the value adjustment board and the taxing

21  authorities to which they are elected. The form shall show, in

22  columnar form, for each of the property classes listed under

23  subsection (2), the following information, with appropriate

24  column totals:

25         (f)  In the sixth column, the net shift in taxes to

26  parcels not granted relief by the board. The shift shall be

27  computed as the amount shown in column 5 multiplied by the

28  applicable millage rates adopted by the taxing authorities in

29  hearings held pursuant to s. 200.065(2)(d) or adopted by vote

30  of the electors pursuant to s. 9(b) or s. 12, Art. VII of the

31  State Constitution, but without adjustment as authorized

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 1  pursuant to s. 200.065(6) s. 200.065(5). If for any taxing

 2  authority the hearing has not been completed at the time the

 3  notice required herein is prepared, the millage rate used

 4  shall be that adopted in the hearing held pursuant to s.

 5  200.065(2)(c).

 6         Section 7.  Paragraph (i) of subsection (2) of section

 7  1011.71, Florida Statutes, is amended to read:

 8         1011.71  District school tax.--

 9         (2)  In addition to the maximum millage levy as

10  provided in subsection (1), each school board may levy not

11  more than 2 mills against the taxable value for school

12  purposes for district schools, including charter schools at

13  the discretion of the school board, to fund:

14         (i)  Payment of the cost of school buses when a school

15  district contracts with a private entity to provide student

16  transportation services if the district meets the requirements

17  of this paragraph.

18         1.  The district's contract must require that the

19  private entity purchase, lease-purchase, or lease, and operate

20  and maintain, one or more school buses of a specific type and

21  size that meet the requirements of s. 1006.25.

22         2.  Each such school bus must be used for the daily

23  transportation of public school students in the manner

24  required by the school district.

25         3.  Annual payment for each such school bus may not

26  exceed 10 percent of the purchase price of the state pool bid.

27         4.  The proposed expenditure of the funds for this

28  purpose must have been included in the district school board's

29  notice of proposed tax for school capital outlay as provided

30  in s. 200.065(10) s. 200.065(9).

31  

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 1  Violations of these expenditure provisions shall result in an

 2  equal dollar reduction in the Florida Education Finance

 3  Program (FEFP) funds for the violating district in the fiscal

 4  year following the audit citation.

 5         Section 8.  Section 200.185, Florida Statutes, is

 6  created to read:

 7         200.185  Maximum millage rates for the 2007-2008 and

 8  2008-2009 fiscal years.--

 9         (1)  As used in this section, the term:

10         (a)  "County of special financial concern" means a

11  county considered fiscally constrained pursuant to s. 218.67

12  and for which 1 mill will raise less than $100 per capita.

13         (b)  "Municipality of special financial concern" means

14  a municipality within a county of special financial concern or

15  a municipality that has been at any time since 2001 in a state

16  of financial emergency pursuant to s. 218.503.

17         (2)(a)  The maximum millage rate that a county,

18  municipal service taxing unit of that county, or a special

19  district dependent to that county may levy by a majority vote

20  of the governing body for the 2007-2008 fiscal year shall be

21  determined as follows:

22         1.  For any county of special financial concern for

23  which the compound annual growth rate in total county ad

24  valorem taxes levied, as defined in s. 200.001, per capita

25  from fiscal year 2001-2002 to fiscal year 2006-2007 was no

26  more than 5 percent, 100 percent of the rolled-back rate, as

27  calculated under s. 200.065;

28         2.  For any county not included in subparagraph 1. for

29  which the compound annual growth in total county ad valorem

30  taxes levied, as defined in s. 200.001, per capita from fiscal

31  year 2001-2002 to fiscal year 2006-2007 was no more than 7

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 1  percent, or, notwithstanding subparagraphs 3., 4., and 5., any

 2  county that is a county of special financial concern not

 3  included in subparagraph 1., 97 percent of the rolled-back

 4  rate, as calculated under s. 200.065;

 5         3.  For any county for which the compound annual growth

 6  in total county ad valorem taxes levied, as defined in s.

 7  200.001, per capita from fiscal year 2001-2002 to fiscal year

 8  2006-2007 was greater than 7 percent but no more than 9

 9  percent, 95 percent of the rolled-back rate, as calculated

10  under s. 200.065;

11         4.  For any county for which the compound annual growth

12  in total county ad valorem taxes levied, as defined in s.

13  200.001, per capita from fiscal year 2001-2002 to fiscal year

14  2006-2007 was greater than 9 percent but no more than 11

15  percent, 93 percent of the rolled-back rate, as calculated

16  under s. 200.065;

17         5.  For any county for which the compound annual growth

18  in total county ad valorem taxes levied, as defined in s.

19  200.001, per capita from fiscal year 2001-2002 to fiscal year

20  2006-2007 was greater than 11 percent, 91 percent of the

21  rolled-back rate, as calculated under s. 200.065;

22         (b)  The maximum millage rate that may be levied under

23  paragraph (a) may be increased to:

24         1.  The rolled-back rate, as calculated under s.

25  200.065, if approved by a two-thirds vote of the governing

26  body of the county or special district dependent thereto; or

27         2.  The nonvoted millage rate that was levied in the

28  2006-2007 fiscal year, if approved by a unanimous vote of the

29  governing body of the county or special district dependent

30  thereto.

31  

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 1         (c)  Upon approval of a maximum rate as provided in

 2  paragraph (b), a higher rate may be levied if approved by a

 3  referendum of the voters.

 4         (3)(a)  The maximum millage rate that a municipality or

 5  a special district dependent to a municipality may levy by a

 6  majority vote of the governing body for the 2007-2008 fiscal

 7  year shall be determined as follows:

 8         1.  For any municipality for which the compound annual

 9  growth in total municipal ad valorem taxes levied, as defined

10  in s. 200.001, per capita from fiscal year 2001-2002 to fiscal

11  year 2006-2007 was no more than 6 percent, or, for a

12  municipality that first levied ad valorem taxes in the

13  2002-2003 fiscal year, 100 percent of the rolled-back rate, as

14  calculated under s. 200.065;

15         2.  For any municipality for which the compound annual

16  growth in total municipal ad valorem taxes levied, as defined

17  in s. 200.001, per capita from fiscal year 2001-2002 to fiscal

18  year 2006-2007 was greater than 6 percent but no more than 7.5

19  percent, or, notwithstanding subparagraphs 3., 4., and 5., any

20  municipality that is a municipality of special financial

21  concern not included in subparagraph 1., 97 percent of the

22  rolled-back rate, as calculated under s. 200.065;

23         3.  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 7.5 percent but no more than

27  10.5 percent, 95 percent of the rolled-back rate, as

28  calculated under s. 200.065;

29         4.  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

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 1  year 2006-2007 was greater than 10.5 percent but no more than

 2  12.4 percent, 93 percent of the rolled-back rate, as

 3  calculated under s. 200.065;

 4         5.  For any municipality for which the compound annual

 5  growth in total municipal ad valorem taxes levied, as defined

 6  in s. 200.001, per capita from fiscal year 2001-2002 to fiscal

 7  year 2006-2007 was greater than 12.4 percent, 91 percent of

 8  the rolled-back rate, as calculated under s. 200.065;

 9         (b)  The maximum millage rate that may be levied under

10  paragraph (a) may be increased to:

11         1.  The rolled-back rate, as calculated under s.

12  200.065, if approved by a two-thirds vote of the governing

13  body of the municipality or special district dependent

14  thereto; or

15         2.  The nonvoted millage rate that was levied in the

16  2006-2007 fiscal year, if approved by a unanimous vote of the

17  governing body of the municipality or special district

18  dependent thereto.

19         (c)  Upon approval of a maximum rate as provided in

20  paragraph (b), a higher rate may be levied if approved by a

21  referendum of the voters.

22         (4)  The maximum millage rate that an independent

23  special district may levy by a majority vote of the governing

24  body for the 2007-2008 fiscal year is 97 percent of the

25  rolled-back rate, as calculated under s. 200.065.

26         (a)  The maximum millage rate specified in this

27  subsection may be increased to the rolled-back rate if

28  approved by a two-thirds vote of the governing body of the

29  independent special district.

30         (b)  The maximum millage rate specified in this

31  subsection may be increased to the nonvoted millage rate that

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 1  was levied in the 2006-2007 fiscal year, if approved by a

 2  unanimous vote of the governing body of the independent

 3  special district.

 4         (c)  Upon approval of a maximum rate in paragraph (b),

 5  a higher rate may be levied if approved by a referendum of the

 6  voters.

 7         (5)  In the 2008-2009 fiscal year, a county, municipal

 8  service taxing units of that county, and special districts

 9  dependent to that county; a municipality and special districts

10  dependent to that municipality; and an independent special

11  district may levy a maximum millage determined as follows:

12         (a)  The maximum millage rate that may be levied shall

13  be the rolled-back rate calculated pursuant to s. 200.065 and

14  adjusted for growth in per capita Florida personal income,

15  except that ad valorem tax revenue levied in the 2007-2008

16  fiscal year shall be reduced by any tax revenue resulting from

17  a millage rate approved by a super majority vote of the

18  governing board of the taxing authority in excess of the

19  maximum rate that could have been levied by a majority vote as

20  provided in this section.

21         (b)  A rate of not more than 110 percent of the rate in

22  paragraph (a) may be levied if approved by a two-thirds vote

23  of the governing body.

24         (c)  A rate in excess of the millage rate allowed in

25  paragraph (b) may be levied if approved by a unanimous vote of

26  the governing body or if approved by a referendum of the

27  voters.

28         (6)  Any county or municipality that is in violation of

29  this section shall forfeit the distribution of the local

30  government half-cent sales tax revenues during the 12 months

31  following a determination of noncompliance by the Department

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 1  of Revenue, subject to the conditions provided in ss. 200.065

 2  and 218.63.

 3         (7)  On or before July 13, 2007, the executive director

 4  of the Department of Revenue, after consultation with the

 5  Revenue Estimating Conference, shall determine and publish on

 6  the Department of Revenue's website and in the next available

 7  issue of the Florida Administrative Weekly the compound annual

 8  growth rate in per capita property tax levies for each county

 9  and municipality, exclusive of voted levies, calculated from

10  fiscal year 2001-2002 through fiscal year 2006-2007, based on

11  the April 1 official population estimates of 2001 and 2006,

12  respectively, for each jurisdiction pursuant to s. 186.901,

13  exclusive of inmate and patient populations. The determination

14  and publication made pursuant to this subsection is not

15  subject to the provisions of chapter 120.

16         (8)  The millage rate of a county or municipality,

17  municipal service taxing unit of that county, and any special

18  district dependent to that county or municipality may exceed

19  in any year the maximum millage rate calculated pursuant to

20  this section if the total county ad valorem taxes levied or

21  total municipal ad valorem taxes levied, as defined in s.

22  200.001, do not exceed the maximum total county ad valorem

23  taxes levied or maximum total municipal ad valorem taxes

24  levied, as defined in s. 200.001, respectively. Voted millage,

25  as defined in s. 200.001, and taxes levied by a municipality

26  or independent special district that has levied ad valorem

27  taxes for less than 5 years are not subject to the limitation

28  on millage rates provided by this section. Total taxes levied

29  may exceed the maximum calculated pursuant to this section as

30  a result of an increase in taxable value above that certified

31  in s. 200.065(1) if such increase is less than the percentage

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 1  amounts contained in s. 200.065(6); however, if such increase

 2  in taxable value exceeds the percentage amounts contained in

 3  s. 200.065(6), millage rates subject to this section must be

 4  reduced so that total taxes levied do not exceed the maximum.

 5         Section 9.  The executive director of the Department of

 6  Revenue is authorized, and all conditions are deemed met, to

 7  adopt emergency rules under ss. 120.536(1) and 120.54(4),

 8  Florida Statutes, for the purpose of implementing this act.

 9  Notwithstanding any other provision of law, such emergency

10  rules shall remain in effect for 18 months after the date of

11  adoption and may be renewed during the pendency of procedures

12  to adopt rules addressing the subject of the emergency rules.

13         Section 10.  To the extent that the deadlines and

14  timeframes in current law are inconsistent with implementing

15  the requirements of this act, the executive director of the

16  Department of Revenue may extend the time periods specified by

17  statute or rule for the local government millage and budget

18  adoption process for the 2007 calendar year. The executive

19  director of the Department of Revenue may grant such

20  extensions at his or her own initiation or at the written

21  request of a local government. Such extensions may not exceed

22  21 calendar days.

23         Section 11.  For state fiscal years 2007-2008 and

24  2008-2009, the millage rate levied in 2006 may, at the option

25  of a county or municipality, be used for purposes of

26  determining fiscal hardship under s. 218.075, Florida

27  Statutes, and eligibility under s. 339.2816, Florida Statutes.

28         Section 12.  Effective August 1, 2007, section 3 of

29  chapter 2006-311, Laws of Florida, is repealed.

30         Section 13.  Section 193.155, Florida Statutes, is

31  amended to read:

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 1         193.155  Homestead assessments.--

 2         (1)  Homestead property shall be assessed under the

 3  provisions of s. 4(c), Art. VII of the State Constitution,

 4  pursuant to s. 27, Art. XII of the State Constitution, at just

 5  value as of January 1, 1994. Property receiving the homestead

 6  exemption after January 1, 1994, shall be assessed at just

 7  value as of January 1 of the year in which the property

 8  receives the exemption.

 9         (1)  Beginning in 1995, or the year following the year

10  the property receives homestead exemption, whichever is later,

11  the property shall be reassessed annually on January 1. Any

12  change resulting from such reassessment shall not exceed the

13  lower of the following:

14         (a)  Three percent of the assessed value of the

15  property for the prior year; or

16         (b)  The percentage change in the Consumer Price Index

17  for All Urban Consumers, U.S. City Average, all items

18  1967=100, or successor reports for the preceding calendar year

19  as initially reported by the United States Department of

20  Labor, Bureau of Labor Statistics.

21         (2)  Homestead property shall continue to be assessed

22  under the provisions of s. 4(c), Art. VII of the State

23  Constitution, pursuant to s. 27, Art. XII of the State

24  Constitution, so long as, on January 1 of any year, the sum of

25  the exemption that the property would have been entitled to

26  under s. 6(a) through (d), Art. VII of the State Constitution,

27  as it existed on December 31, 2007, and the difference between

28  the homestead's just value and its assessed value determined

29  pursuant to s. 4(c), Art. VII of the State Constitution, as it

30  existed on December 31, 2007, is greater than the exemption

31  provided in s. 6(a), Art. VII of the State Constitution. After

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 1  the exemption provided in s. 6(a), Art. VII of the State

 2  Constitution exceeds the sum referred to above in any year,

 3  the homestead may not be assessed under the provisions of s.

 4  4(c), Art. VII of the State Constitution.

 5         (2)  If the assessed value of the property as

 6  calculated under subsection (1) exceeds the just value, the

 7  assessed value of the property shall be lowered to the just

 8  value of the property.

 9         (3)  Except as provided in this subsection, Property

10  assessed under this section shall be assessed at just value as

11  of January 1 of the year following a change of ownership and

12  is not eligible for assessment under this section. Thereafter,

13  the annual changes in the assessed value of the property are

14  subject to the limitations in subsections (1) and (2). For the

15  purpose of this section, a change in ownership means any sale,

16  foreclosure, or transfer of legal title or beneficial title in

17  equity to any person, except as provided in this subsection.

18  There is no change of ownership if:

19         (a)  Subsequent to the change or transfer, the same

20  person is entitled to the homestead exemption as was

21  previously entitled and:

22         1.  The transfer of title is to correct an error;

23         2.  The transfer is between legal and equitable title;

24  or

25         3.  The change or transfer is by means of an instrument

26  in which the owner is listed as both grantor and grantee of

27  the real property and one or more other individuals are

28  additionally named as grantee. However, if any individual who

29  is additionally named as a grantee applies for a homestead

30  exemption on the property, the application shall be considered

31  a change of ownership;

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 1         (b)  The transfer is between husband and wife,

 2  including a transfer to a surviving spouse or a transfer due

 3  to a dissolution of marriage;

 4         (c)  The transfer occurs by operation of law under s.

 5  732.4015; or

 6         (d)  Upon the death of the owner, the transfer is

 7  between the owner and another who is a permanent resident and

 8  is legally or naturally dependent upon the owner.

 9         (4)(a)  Except as provided in paragraph (b), changes,

10  additions, or improvements to homestead property shall be

11  assessed at just value as of the first January 1 after the

12  changes, additions, or improvements are substantially

13  completed. If a change, addition, or improvement to homestead

14  property assessed under this section results in failure to

15  meet the condition required under subsection (2), the property

16  shall no longer qualify for assessment under this section.

17         (b)  Changes, additions, or improvements that replace

18  all or a portion of homestead property damaged or destroyed by

19  misfortune or calamity shall not increase the homestead

20  property's assessed value when the square footage of the

21  homestead property as changed or improved does not exceed 110

22  percent of the square footage of the homestead property before

23  the damage or destruction. Additionally, the homestead

24  property's assessed value shall not increase if the total

25  square footage of the homestead property as changed or

26  improved does not exceed 1,500 square feet. Changes,

27  additions, or improvements that do not cause the total to

28  exceed 110 percent of the total square footage of the

29  homestead property before the damage or destruction or that do

30  not cause the total to exceed 1,500 total square feet shall be

31  reassessed as provided under subsection (1). The homestead

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 1  property's assessed value shall be increased by the just value

 2  of that portion of the changed or improved homestead property

 3  which is in excess of 110 percent of the square footage of the

 4  homestead property before the damage or destruction or of that

 5  portion exceeding 1,500 square feet. Homestead property

 6  damaged or destroyed by misfortune or calamity which, after

 7  being changed or improved, has a square footage of less than

 8  100 percent of the homestead property's total square footage

 9  before the damage or destruction shall be assessed pursuant to

10  subsection (5). This paragraph applies to changes, additions,

11  or improvements commenced within 3 years after the January 1

12  following the damage or destruction of the homestead.

13         (c)  Changes, additions, or improvements that replace

14  all or a portion of real property that was damaged or

15  destroyed by misfortune or calamity shall be assessed upon

16  substantial completion as if such damage or destruction had

17  not occurred and in accordance with paragraph (b) if the owner

18  of such property:

19         1.  Was permanently residing on such property when the

20  damage or destruction occurred;

21         2.  Was not entitled to receive homestead exemption on

22  such property as of January 1 of that year; and

23         3.  Applies for and receives homestead exemption on

24  such property the following year.

25         (d)  Changes, additions, or improvements include

26  improvements made to common areas or other improvements made

27  to property other than to the homestead property by the owner

28  or by an owner association, which improvements directly

29  benefit the homestead property. Such changes, additions, or

30  improvements shall be assessed at just value, and the just

31  

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 1  value shall be apportioned among the parcels benefiting from

 2  the improvement.

 3         (5)  When property is destroyed or removed and not

 4  replaced, the assessed value of the parcel shall be reduced by

 5  the assessed value attributable to the destroyed or removed

 6  property. If the destruction or removal of homestead property

 7  assessed under this section results in failure to meet the

 8  condition required under subsection (2), the property shall no

 9  longer qualify for assessment under this section.

10         (6)  Only property that receives a homestead exemption

11  is subject to this section. No portion of property that is

12  assessed solely on the basis of character or use pursuant to

13  s. 193.461 or s. 193.501, or assessed pursuant to s. 193.505,

14  is subject to this section. When property is assessed under s.

15  193.461, s. 193.501, or s. 193.505 and contains a residence

16  under the same ownership, the portion of the property

17  consisting of the residence and curtilage must be assessed

18  separately, pursuant to s. 193.011, for the assessment to be

19  subject to the limitation in this section.

20         (7)  If a person received a homestead exemption limited

21  to that person's proportionate interest in real property, the

22  provisions of this section apply only to that interest.

23         (8)  Erroneous assessments of homestead property

24  assessed under this section may be corrected in the following

25  manner:

26         (a)  If errors are made in arriving at any assessment

27  under this section due to a material mistake of fact

28  concerning an essential characteristic of the property, the

29  just value and assessed value must be recalculated for every

30  such year, including the year in which the mistake occurred.

31  

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 1         (b)  If changes, additions, or improvements are not

 2  assessed at just value as of the first January 1 after they

 3  were substantially completed, the property appraiser shall

 4  determine the just value for such changes, additions, or

 5  improvements for the year they were substantially completed.

 6  Assessments for subsequent years shall be corrected, applying

 7  this section if applicable.

 8         (c)  If back taxes are due pursuant to s. 193.092, the

 9  corrections made pursuant to this subsection shall be used to

10  calculate such back taxes.

11         (9)  If the property appraiser determines that for any

12  year or years within the prior 10 years a person who was not

13  entitled to the homestead property assessment limitation

14  granted under this section was granted the homestead property

15  assessment limitation, the property appraiser making such

16  determination shall record in the public records of the county

17  a notice of tax lien against any property owned by that person

18  in the county, and such property must be identified in the

19  notice of tax lien. Such property that is situated in this

20  state is subject to the unpaid taxes, plus a penalty of 50

21  percent of the unpaid taxes for each year and 15 percent

22  interest per annum. However, when a person entitled to

23  exemption pursuant to s. 196.031 inadvertently receives the

24  limitation pursuant to this section following a change of

25  ownership, the assessment of such property must be corrected

26  as provided in paragraph (8)(a), and the person need not pay

27  the unpaid taxes, penalties, or interest.

28         Section 14.  Section 193.1551, Florida Statutes, is

29  amended to read:

30         193.1551  Assessment of certain homestead property

31  damaged in 2004 named storms.--Notwithstanding the provisions

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 1  of s. 193.155(4), the assessment at just value for changes,

 2  additions, or improvements to homestead property assessed

 3  under the provisions of s. 4(c), Art. VII of the State

 4  Constitution, pursuant to s. 27, Art. XII of the State

 5  Constitution, which was rendered uninhabitable in one or more

 6  of the named storms of 2004 shall be limited to the square

 7  footage exceeding 110 percent of the homestead property's

 8  total square footage. Additionally, homes having square

 9  footage of 1,350 square feet or less which were rendered

10  uninhabitable may rebuild up to 1,500 total square feet and

11  the increase in square footage shall not be considered as a

12  change, an addition, or an improvement that is subject to

13  assessment at just value. The provisions of this section are

14  limited to homestead properties in which repairs are completed

15  by January 1, 2008, and apply retroactively to January 1,

16  2005.

17         Section 15.  Subsections (1), (2), (3), and (4) of

18  section 196.031, Florida Statutes, are amended to read:

19         196.031  Exemption of homesteads.--

20         (1)  Every person who, on January 1, has the legal

21  title or beneficial title in equity to real property in this

22  state and who resides thereon and in good faith makes the same

23  his or her permanent residence, or the permanent residence of

24  another or others legally or naturally dependent upon such

25  person, is entitled to an exemption from all taxation, except

26  for assessments for special benefits, of 75 percent of the

27  just value up to $200,000 and 15 percent of the just value

28  from $200,001 up to $500,000 up to the assessed valuation of

29  $5,000 on the residence and contiguous real property, as

30  defined in s. 6, Art. VII of the State Constitution. The

31  $500,000 threshold shall be adjusted each year by the

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 1  percentage change in per capita Florida personal income, as

 2  defined in s. 200.001. The exemption may not be less than

 3  $50,000; however, for low-income seniors who meet the

 4  eligibility criteria under s. 196.075, the exemption may not

 5  be less than $100,000. Such title may be held by the

 6  entireties, jointly, or in common with others, and the

 7  exemption may be apportioned among such of the owners as shall

 8  reside thereon, as their respective interests shall appear. If

 9  only one of the owners of an estate held by the entireties or

10  held jointly with the right of survivorship resides on the

11  property, that owner is allowed an exemption as specified in

12  this subsection of up to the assessed valuation of $5,000 on

13  the residence and contiguous real property. However, no such

14  exemption of more than the amount specified in this subsection

15  $5,000 is allowed to any one person or on any one dwelling

16  house, except that an exemption up to the amount specified in

17  this subsection assessed valuation of $5,000 may be allowed on

18  each apartment or mobile home occupied by a tenant-stockholder

19  or member of a cooperative corporation and on each condominium

20  parcel occupied by its owner. Except for owners of an estate

21  held by the entireties or held jointly with the right of

22  survivorship, the amount of the exemption may not exceed the

23  proportionate assessed valuation of all owners who reside on

24  the property. Before such exemption may be granted, the deed

25  or instrument shall be recorded in the official records of the

26  county in which the property is located. The property

27  appraiser may request the applicant to provide additional

28  ownership documents to establish title.

29         (2)  For persons whose homestead property is assessed

30  under s. 4(c), Art. VII of the State Constitution, pursuant to

31  s. 27, Art. XII of the State Constitution, the exemption

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 1  provided in subsection (1) is limited to the exemption to

 2  which they would have been entitled under s. 6(a) through (d),

 3  Art. VII of the State Constitution as it existed on December

 4  31, 2007.

 5         (3)(2)  As used in subsection (1), the term

 6  "cooperative corporation" means a corporation, whether for

 7  profit or not for profit, organized for the purpose of owning,

 8  maintaining, and operating an apartment building or apartment

 9  buildings or a mobile home park to be occupied by its

10  stockholders or members; and the term "tenant-stockholder or

11  member" means an individual who is entitled, solely by reason

12  of his or her ownership of stock or membership in a

13  cooperative corporation, as evidenced in the official records

14  of the office of the clerk of the circuit court of the county

15  in which the apartment building is located, to occupy for

16  dwelling purposes an apartment in a building owned by such

17  corporation or to occupy for dwelling purposes a mobile home

18  which is on or a part of a cooperative unit.  A corporation

19  leasing land for a term of 98 years or more for the purpose of

20  maintaining and operating a cooperative thereon shall be

21  deemed the owner for purposes of this exemption.

22         (4)(3)(a)  For every person who is entitled to the

23  exemption provided in subsection (1), who is a permanent

24  resident of this state, and who is 65 years of age or older,

25  the exemption is increased to $10,000 of assessed valuation

26  for taxes levied by governing bodies of counties,

27  municipalities, and special districts.

28         (b)  For every person who is entitled to the exemption

29  provided in subsection (1), who has been a permanent resident

30  of this state for the 5 consecutive years prior to claiming

31  the exemption under this subsection, and who qualifies for the

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 1  exemption granted pursuant to s. 196.202 as a totally and

 2  permanently disabled person, the exemption is increased to

 3  $9,500 of assessed valuation for taxes levied by governing

 4  bodies of counties, municipalities, and special districts.

 5         (c)  No homestead shall be exempted under both

 6  paragraphs (a) and (b). In no event shall the combined

 7  exemptions of s. 196.202 and paragraph (a) or paragraph (b)

 8  exceed $10,000.

 9         (d)  For every person who is entitled to the exemption

10  provided in subsection (1) and who is a permanent resident of

11  this state, the exemption is increased to a total of $25,000

12  of assessed valuation for taxes levied by governing bodies of

13  school districts.

14         (e)  For every person who is entitled to the exemption

15  provided in subsection (1) and who is a resident of this

16  state, the exemption is increased to a total of $25,000 of

17  assessed valuation for levies of taxing authorities other than

18  school districts. The exemption provided in subsection (1)

19  does However, the increase provided in this paragraph shall

20  not apply with respect to the assessment roll of a county

21  unless and until the roll of that county has been approved by

22  the executive director pursuant to s. 193.1142.

23         (4)  The property appraisers of the various counties

24  shall each year compile a list of taxable property and its

25  value removed from the assessment rolls of each school

26  district as a result of the excess of exempt value above that

27  amount allowed for nonschool levies as provided in subsections

28  (1) and (3), as well as a statement of the loss of tax revenue

29  to each school district from levies other than the minimum

30  financial effort required pursuant to s. 1011.60(6), and shall

31  

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 1  deliver a copy thereof to the Department of Revenue upon

 2  certification of the assessment roll to the tax collector.

 3         Section 16.  Section 196.002, Florida Statutes, is

 4  amended to read:

 5         196.002  Legislative intent.--For the purposes of

 6  assessment roll recordkeeping and reporting,:

 7         (1)  The increase in the homestead exemption provided

 8  in s. 196.031(3)(d) shall be reported separately for those

 9  persons entitled to exemption under paragraph (a) or paragraph

10  (b) of s. 196.031(3) and for those persons entitled to

11  exemption under s. 196.031(1) but not under said paragraphs;

12  and

13         (2)  the exemptions authorized by each provision of

14  this chapter shall be reported separately for each category of

15  exemption in each such provision, both as to total value

16  exempted and as to the number of exemptions granted.

17         Section 17.  Paragraph (b) of subsection (2) of section

18  197.252, Florida Statutes, is amended to read:

19         197.252  Homestead tax deferral.--

20         (2)

21         (b)  If the applicant is 65 years of age or older

22  entitled to claim the increased exemption by reason of age and

23  residency as provided in s. 196.031(3)(a), approval of the

24  application shall defer that portion of the ad valorem taxes

25  plus non-ad valorem assessments which exceeds 3 percent of the

26  applicant's household income for the prior calendar year. If

27  any applicant's household income for the prior calendar year

28  is less than $10,000, or is less than the amount of the

29  household income designated for the additional homestead

30  exemption pursuant to s. 196.075, and the applicant is 65

31  years of age or older, approval of the application shall defer

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 1  the ad valorem taxes plus non-ad valorem assessments in their

 2  entirety.

 3         Section 18.  Section 196.183, Florida Statutes, is

 4  created to read:

 5         196.183  Exemption for tangible personal property.--

 6         (1)  Each tangible personal property tax return is

 7  eligible for an exemption from ad valorem taxation of up to

 8  $25,000 of assessed value. A single return must be filed for

 9  each site in the county where the owner of tangible personal

10  property transacts business. Owners of freestanding property

11  placed at multiple sites, other than sites where the owner

12  transacts business, must file a single return, including all

13  such property located in the county. Freestanding property

14  placed at multiple sites includes vending and amusement

15  machines, LP/propane tanks, utility and cable company

16  property, billboards, leased equipment, and similar property

17  that is not customarily located in the offices, stores, or

18  plants of the owner, but is placed throughout the county.

19  Railroads, private carriers, and other companies assessed

20  pursuant to s. 193.085 shall be allowed one $25,000 exemption

21  for each county to which the value of their property is

22  allocated.

23         (2)  The requirement that an annual tangible personal

24  property tax return pursuant to s. 193.052 be filed for

25  taxpayers owning taxable property the value of which, as

26  listed on the return, does not exceed the exemption provided

27  in this section is waived. In order to qualify for this

28  waiver, a taxpayer must file an initial return on which the

29  exemption is taken. If, in subsequent years, the taxpayer owns

30  taxable property the value of which, as listed on the return,

31  exceeds the exemption, the taxpayer is obligated to file a

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 1  return. The taxpayer may again qualify for the waiver only

 2  after filing a return on which the value as listed on the

 3  return does not exceed the exemption. A return filed or

 4  required to be filed shall be considered an application filed

 5  or required to be filed for the exemption under this section.

 6         (3)  The exemption provided in this section does not

 7  apply in any year a taxpayer fails to file a return that is

 8  not waived pursuant to subsection (2). Any taxpayer who

 9  received a waiver pursuant to subsection (2) and who owns

10  taxable property the value of which, as listed on the return,

11  exceeds the exemption in a subsequent year and who fails to

12  file a return with the property appraiser is subject to the

13  penalty contained in s. 193.072(1)(a) calculated without the

14  benefit of the exemption pursuant to this section. Any

15  taxpayer claiming more exemptions than allowed pursuant to

16  subsection (1) is subject to the taxes exempted as a result of

17  wrongfully claiming the additional exemptions plus 15 percent

18  interest per annum and a penalty of 50 percent of the taxes

19  exempted.

20         (4)  The exemption provided in this section does not

21  apply to a mobile home that is presumed to be tangible

22  personal property pursuant to s. 193.075(2).

23         Section 19.  Section 193.017, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section. See

26         s. 193.017, F.S., for present text.)

27         193.017  Assessment of structural improvements on land

28  owned by a community land trust and used to provide affordable

29  housing.--

30         (1)  As used in this section, the term "community land

31  trust" means a nonprofit entity that is qualified as

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 1  charitable under s. 501(c)(3) of the Internal Revenue Code and

 2  has as one of its purposes the acquisition of land to be held

 3  in perpetuity for the primary purpose of providing affordable

 4  homeownership.

 5         (2)  A community land trust may convey structural

 6  improvements located on specific parcels of such land which

 7  are identified by a legal description contained in and subject

 8  to a ground lease having a term of at least 99 years to

 9  natural persons or families who meet the extremely-low,

10  very-low, low, and moderate income limits, as specified in s.

11  420.0004, or the income limits for workforce housing, as

12  defined in s. 420.5095(3). A community land trust shall retain

13  a preemptive option to purchase any structural improvements on

14  the land at a price determined by a formula specified in the

15  ground lease which is designed to ensure that the structural

16  improvements remain affordable.

17         (3)  In arriving at just valuation under s. 193.011, a

18  structural improvement that provides affordable housing on

19  land owned by a community land trust and subject to a 99-year

20  or longer ground lease shall be assessed using the following

21  criteria:

22         (a)  The amount a willing purchaser would pay a willing

23  seller shall be limited to the amount determined by the

24  formula in the ground lease.

25         (b)  If the ground lease and all amendments and

26  supplements thereto, or a memorandum documenting how such

27  lease and amendments or supplements restrict the price at

28  which the improvements may be sold, is recorded in the

29  official public records of the county in which the leased land

30  is located, the recorded lease and any amendments and

31  supplements, or the recorded memorandum, shall be deemed a

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 1  land use regulation during the term of the lease as amended or

 2  supplemented.

 3         Section 20.  Section 193.803, Florida Statutes, is

 4  created to read:

 5         193.803  Assessment of eligible rental property used

 6  for workforce and affordable housing; classification.--

 7         (1)  Upon the property owner's application on a form

 8  prescribed by the Department of Revenue, the property

 9  appraiser shall annually classify for assessment purposes all

10  eligible property used for workforce rental housing or

11  affordable rental housing. Eligibility shall be as provided in

12  this section.

13         (2)  A property owner whose eligible property is denied

14  classification as workforce rental housing or affordable

15  rental housing by the property appraiser may appeal to the

16  value adjustment board. The property appraiser shall notify

17  the property owner in writing of the denial of the workforce

18  rental housing or affordable rental housing classification on

19  or before July 1 of the year for which the application was

20  filed. The written notification must advise the property owner

21  of his or her right to appeal the denial of classification to

22  the value adjustment board and must contain the deadline for

23  filing an appeal. The property appraiser shall have available

24  at his or her office a list, by property owner, of all

25  applications for classification received, and the list must

26  identify whether or not the classification requested was

27  granted.

28         (3)(a)  Eligible property may not be classified as

29  workforce rental housing or affordable rental housing unless

30  an application is filed on or before March 1 of each year.

31  Before approving a classification, the property appraiser may

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 1  require the property owner to furnish such information as may

 2  reasonably be required to establish that the property was

 3  actually used as required by this section. Failure by a

 4  property owner to apply for classification of eligible

 5  property as workforce rental housing or affordable rental

 6  housing by March 1 constitutes a 1-year waiver of the

 7  privilege granted under this section for workforce rental

 8  housing assessment or affordable rental housing assessment.

 9  However, a property owner who is qualified to receive a

10  workforce rental housing classification or an affordable

11  rental housing classification but who fails to file an

12  application by March 1, may file an application for the

13  classification, and may file, under s. 194.011(3), a petition

14  with the value adjustment board requesting that the

15  classification be granted. The petition may be filed at any

16  time during the taxable year on or before the 25th day

17  following the mailing of the assessment notice by the property

18  appraiser as required under s. 194.011(1). Notwithstanding the

19  provisions of s. 194.013, the applicant must pay a

20  nonrefundable fee of $15 upon filing the petition. Upon review

21  of the petition, if the person is qualified to receive the

22  classification and demonstrates particular extenuating

23  circumstances judged by the property appraiser or the value

24  adjustment board to warrant granting the classification, the

25  property appraiser or the value adjustment board may grant the

26  classification. An owner of property classified as workforce

27  rental housing or affordable rental housing in the previous

28  tax year whose ownership or use has not changed may reapply on

29  a short form prescribed by the department. A county may, at

30  the request of the property appraiser and by a majority vote

31  of its governing body, waive the requirement that an annual

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 1  application or statement be made for the renewal of the

 2  classification of property within the county as workforce

 3  rental housing or affordable rental housing after an initial

 4  classification is granted by the property appraiser. Such

 5  waiver may be revoked by a majority vote of the governing body

 6  of the county. Notwithstanding such waiver, an application

 7  must be refiled when any property granted the classification

 8  is sold or otherwise disposed of, when the ownership changes

 9  in any manner, when the applicant ceases to use the property

10  as workforce rental housing or affordable rental housing, or

11  when the status of the owner changes so as to change the

12  classified status of the property.

13         (b)  For purposes of granting a workforce rental

14  housing or affordable rental housing classification for

15  January 1, 2008, only, the term "extenuating circumstances" as

16  used in paragraph (a) includes the failure of the property

17  owner to return the application for classification by March 1,

18  2008.

19         (4)  The following types of property are eligible to be

20  classified by a property appraiser as workforce rental housing

21  or affordable rental housing property, and shall be assessed

22  based upon their character and use and as further described in

23  this section:

24         (a)  Property that is funded and rent restricted by the

25  United States Department of Housing and Urban Development

26  under s. 8 of the United States Housing Act of 1937 and that

27  provides affordable housing for eligible persons as defined by

28  s. 159.603 or the elderly, extremely-low-income persons, or

29  very-low-income persons as specified in s. 420.0004.

30         (b)  Rental property for multifamily housing,

31  commercial fishing workers and farmworkers, families, persons

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 1  who are homeless, or the elderly which is funded and rent

 2  restricted by the Florida Housing Finance Corporation under s.

 3  420.5087, s. 420.5089, s. 420.509, or s. 420.5095, the State

 4  Housing Initiatives Partnership Program under s. 420.9072, s.

 5  420.9075, or s. 42 of the Internal Revenue Code of 1986, 26

 6  U.S.C. s. 42; the HOME Investment Partnership Program under

 7  the Cranston-Gonzalez National Affordable Housing Act, 42

 8  U.S.C. ss. 12741 et seq.; or the Federal Home Loan Bank's

 9  Affordable Housing Program established pursuant to the

10  Financial Institutions Reform, Recovery and Enforcement Act of

11  1989, Pub. L. No. 101-73.

12         (c)  Multifamily residential rental property of 10 or

13  more units which is certified by the local public housing

14  agency as having 100 percent of its units used to provide

15  affordable housing for extremely-low-income persons,

16  very-low-income persons, low-income persons, or

17  moderate-income persons as specified in s. 420.0004 and which

18  is subject to a land use agreement or other agreement that is

19  recorded in the official records of the county in which the

20  property is located and which recorded agreement restricts the

21  use of the property to affordable housing for a period of at

22  least 20 years.

23         (5)  The property appraiser shall remove from the

24  classification of workforce rental housing or affordable

25  rental housing any properties for which the classified use has

26  been abandoned or discontinued, the property has been diverted

27  to another use, or the participation in and eligibility for

28  the programs specified in this section has been terminated.

29  Such removed property shall be assessed at just value under s.

30  193.011.

31  

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 1         (6)  In years in which the proper application for

 2  classification as workforce rental housing or affordable

 3  rental housing has been made and granted, the assessment of

 4  such property shall be based upon its use as workforce rental

 5  housing or affordable rental housing and by applying the

 6  following methodologies, subject to the provisions of

 7  subsection (7):

 8         (a)  Property used for workforce rental housing or

 9  affordable rental housing as described in subsection (4) shall

10  be assessed under the income approach using the actual net

11  operating income.

12         (b)  Property used for workforce rental housing and

13  affordable rental housing which has received low-income

14  housing tax credits from the Florida Housing Finance

15  Corporation under s. 420.5099 shall be assessed under the

16  income approach using the actual net operating income and the

17  following applies:

18         1.  The tax credits granted and the financing generated

19  by the tax credits may not be considered as income.

20         2.  The actual rental income from rent-restricted units

21  in such property shall be used by the property appraiser.

22         3.  Any costs paid with the tax credits and costs paid

23  with the proceeds from additional financing under chapter 420

24  may not be included as income.

25         (7)  By April 1 of each year, the property owner must

26  provide the property appraiser with a return on a form and in

27  a manner prescribed by the Department of Revenue which

28  includes a rent roll and an income and expense statement for

29  the preceding year. After a review of the rent roll and the

30  income and expense statement, the property appraiser may

31  request additional information from the property owner as may

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 1  be reasonably required to consider the methodologies in

 2  subsection (6). Failure to timely provide the property

 3  appraiser with the requested information, including failure to

 4  meet any extension that may be granted for the submission of

 5  information, shall result in an estimated assessment based on

 6  the best available information instead of an assessment based

 7  on the methodologies provided in subsection (6). Such

 8  assessment shall be deemed to be prima facie correct and may

 9  be included on the tax roll, and taxes may be extended on the

10  tax roll in the same manner as for all other taxes.

11         (8)  It is the duty of the owner of any property used

12  for workforce rental housing or affordable rental housing that

13  has been granted the classification for assessment under this

14  section who is not required to file an annual application or

15  statement to notify the property appraiser promptly whenever

16  the use of the property, or the status or condition of the

17  owner, changes so as to change the classified status of the

18  property. If any property owner fails to so notify the

19  property appraiser and the property appraiser determines that

20  for any year within the prior 10 years the owner was not

21  entitled to receive such classification, the owner of the

22  property is subject to the taxes otherwise due and owing as a

23  result of such failure plus 15 percent interest per annum and

24  a penalty of 50 percent of the additional taxes owed. It is

25  the duty of the property appraiser making such determination

26  to record in the public records of the county in which the

27  rental property is located a notice of tax lien against any

28  property owned by that person or entity in the county, and

29  such property must be identified in the notice of tax lien.

30  Such property is subject to the payment of all taxes and

31  penalties. Such lien, when filed, attaches to any property

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 1  identified in the notice of tax lien owned by the person or

 2  entity that illegally or improperly received the

 3  classification. If such person or entity no longer owns

 4  property in that county but owns property in another county or

 5  counties in the state, the property appraiser shall record in

 6  such other county or counties a notice of tax lien identifying

 7  the property owned by such person or entity in such county or

 8  counties which becomes a lien against the identified property.

 9         Section 21.  Section 196.1978, Florida Statutes, is

10  amended to read:

11         196.1978  Affordable housing property

12  exemption.--Property used to provide affordable housing

13  serving eligible persons as defined by s. 159.603(7) and

14  natural persons or families meeting the extremely-low,

15  very-low, low, or moderate persons meeting income limits

16  specified in s. 420.0004 s. 420.0004(8), (10), (11), and (15),

17  which property is owned entirely by a nonprofit entity that

18  which is a corporation not for profit which is qualified as

19  charitable under s. 501(c)(3) of the Internal Revenue Code and

20  which complies with Rev. Proc. 96-32, 1996-1 C.B. 717 or a

21  limited partnership, the sole general partner of which is a

22  corporation not for profit which is qualified as charitable

23  under s. 501(c)(3) of the Internal Revenue Code and which

24  complies with Rev. Proc. 96-32, 1996-1 C.B. 717, shall be

25  considered property owned by an exempt entity and used for a

26  charitable purpose, and those portions of the affordable

27  housing property which provide housing to natural persons or

28  families that meet the extremely-low, very-low, low, or

29  moderate income limits specified individuals with incomes as

30  defined in s. 420.0004 s. 420.0004(10) and (15) shall be

31  exempt from ad valorem taxation to the extent authorized in s.

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 1  196.196. All property identified in this section shall comply

 2  with the criteria for determination of exempt status to be

 3  applied by property appraisers on an annual basis as defined

 4  in s. 196.195. The Legislature intends that any property owned

 5  by a limited liability company or a limited partnership that

 6  which is disregarded as an entity for federal income tax

 7  purposes pursuant to Treasury Regulation 301.7701-3(b)(1)(ii)

 8  shall be treated as owned by its sole member or sole general

 9  partner. The exemption provided in this section also extends

10  to land that is owned by an exempt entity and that is subject

11  to a 99-year or longer ground lease for the purpose of

12  providing affordable homeownership.

13         Section 22.  Paragraph (a) of subsection (1) and

14  paragraphs (b) and (c) of subsection (2) of section 192.0105,

15  Florida Statutes, are amended to read:

16         192.0105  Taxpayer rights.--There is created a Florida

17  Taxpayer's Bill of Rights for property taxes and assessments

18  to guarantee that the rights, privacy, and property of the

19  taxpayers of this state are adequately safeguarded and

20  protected during tax levy, assessment, collection, and

21  enforcement processes administered under the revenue laws of

22  this state. The Taxpayer's Bill of Rights compiles, in one

23  document, brief but comprehensive statements that summarize

24  the rights and obligations of the property appraisers, tax

25  collectors, clerks of the court, local governing boards, the

26  Department of Revenue, and taxpayers. Additional rights

27  afforded to payors of taxes and assessments imposed under the

28  revenue laws of this state are provided in s. 213.015. The

29  rights afforded taxpayers to assure that their privacy and

30  property are safeguarded and protected during tax levy,

31  assessment, and collection are available only insofar as they

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 1  are implemented in other parts of the Florida Statutes or

 2  rules of the Department of Revenue. The rights so guaranteed

 3  to state taxpayers in the Florida Statutes and the

 4  departmental rules include:

 5         (1)  THE RIGHT TO KNOW.--

 6         (a)  The right to be mailed notice of proposed property

 7  taxes and proposed or adopted non-ad valorem assessments (see

 8  ss. 194.011(1), 200.065(2)(b) and (d) and (14)(a) (13)(a), and

 9  200.069). The notice must also inform the taxpayer that the

10  final tax bill may contain additional non-ad valorem

11  assessments (see s. 200.069(10)).

12         (2)  THE RIGHT TO DUE PROCESS.--

13         (b)  The right to petition the value adjustment board

14  over objections to assessments, denial of exemption, denial of

15  agricultural classification, denial of historic

16  classification, denial of high-water recharge classification,

17  denial of workforce rental housing or affordable rental

18  housing classification, disapproval of tax deferral, and any

19  penalties on deferred taxes imposed for incorrect information

20  willfully filed. Payment of estimated taxes does not preclude

21  the right of the taxpayer to challenge his or her assessment

22  (see ss. 194.011(3), 196.011(6) and (9)(a), 196.151,

23  196.193(1)(c) and (5), 193.461(2), 193.503(7), 193.625(2),

24  193.803(2), 197.253(2), 197.301(2), and 197.2301(11)).

25         (c)  The right to file a petition for exemption, or

26  agricultural classification, or workforce rental housing or

27  affordable rental housing classification with the value

28  adjustment board when an application deadline is missed, upon

29  demonstration of particular extenuating circumstances for

30  filing late (see ss. 193.461(3)(a), 193.803(3)(a), and

31  196.011(1), (7), (8), and (9)(c)).

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 1         Section 23.  Subsection (2) of section 193.052, Florida

 2  Statutes, is amended to read:

 3         193.052  Preparation and serving of returns.--

 4         (2)  No return shall be required for real property the

 5  ownership of which is reflected in instruments recorded in the

 6  public records of the county in which the property is located,

 7  unless otherwise required in this title.  In order for land to

 8  be considered for agricultural classification under s.

 9  193.461, or high-water recharge classification under s.

10  193.625, or workforce rental housing or affordable rental

11  housing classification under s. 193.803, an application for

12  classification must be filed on or before March 1 of each year

13  with the property appraiser of the county in which the land is

14  located, except as provided in s. 193.461(3)(a). The

15  application must state that the lands on January 1 of that

16  year were used primarily for bona fide commercial agricultural

17  or high-water recharge purposes or for workforce rental

18  housing or affordable rental housing classified under s.

19  193.803.

20         Section 24.  Paragraph (d) of subsection (3) of section

21  193.461, Florida Statutes, is amended to read:

22         193.461  Agricultural lands; classification and

23  assessment; mandated eradication or quarantine program.--

24         (3)

25         (d)  When property receiving an agricultural

26  classification contains a residence under the same ownership,

27  the portion of the property consisting of the residence and

28  curtilage must be assessed separately, pursuant to s. 193.011,

29  to qualify for the assessment limitation set forth in s.

30  193.155 or to qualify for the homestead exemption under s.

31  

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 1  196.031(1). The remaining property may be classified under the

 2  provisions of paragraphs (a) and (b).

 3         Section 25.  Paragraph (d) of subsection (3) of section

 4  194.011, Florida Statutes, is amended to read:

 5         194.011  Assessment notice; objections to

 6  assessments.--

 7         (3)  A petition to the value adjustment board must be

 8  in substantially the form prescribed by the department.

 9  Notwithstanding s. 195.022, a county officer may not refuse to

10  accept a form provided by the department for this purpose if

11  the taxpayer chooses to use it. A petition to the value

12  adjustment board shall describe the property by parcel number

13  and shall be filed as follows:

14         (d)  The petition may be filed, as to valuation issues,

15  at any time during the taxable year on or before the 25th day

16  following the mailing of notice by the property appraiser as

17  provided in subsection (1).  With respect to an issue

18  involving the denial of an exemption, an agricultural or

19  high-water recharge classification application, an application

20  for classification as historic property used for commercial or

21  certain nonprofit purposes, an application for classification

22  as workforce rental housing or affordable rental housing, or a

23  deferral, the petition must be filed at any time during the

24  taxable year on or before the 30th day following the mailing

25  of the notice by the property appraiser under s. 193.461, s.

26  193.503, s. 193.625, s. 193.803, or s. 196.193 or notice by

27  the tax collector under s. 197.253.

28         Section 26.  Subsection (1) of section 195.073, Florida

29  Statutes, is amended to read:

30         195.073  Classification of property.--All items

31  required by law to be on the assessment rolls must receive a

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 1  classification based upon the use of the property.  The

 2  department shall promulgate uniform definitions for all

 3  classifications.  The department may designate other

 4  subclassifications of property.  No assessment roll may be

 5  approved by the department which does not show proper

 6  classifications.

 7         (1)  Real property must be classified according to the

 8  assessment basis of the land into the following classes:

 9         (a)  Residential, subclassified into categories, one

10  category for homestead property and one for nonhomestead

11  property:

12         1.  Single family.

13         2.  Mobile homes.

14         3.  Multifamily.

15         4.  Condominiums.

16         5.  Cooperatives.

17         6.  Retirement homes.

18         (b)  Commercial and industrial.

19         (c)  Agricultural.

20         (d)  Nonagricultural acreage.

21         (e)  High-water recharge.

22         (f)  Historic property used for commercial or certain

23  nonprofit purposes.

24         (g)  Exempt, wholly or partially.

25         (h)  Centrally assessed.

26         (i)  Leasehold interests.

27         (j)  Time-share property.

28         (k)  Workforce rental housing and affordable rental

29  housing property.

30         (l)(k)  Other.

31  

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 1         Section 27.  Paragraph (a) of subsection (3) of section

 2  195.096, Florida Statutes, is amended to read:

 3         195.096  Review of assessment rolls.--

 4         (3)(a)  Upon completion of review pursuant to paragraph

 5  (2)(f), the department shall publish the results of reviews

 6  conducted under this section. The results must include all

 7  statistical and analytical measures computed under this

 8  section for the real property assessment roll as a whole, the

 9  personal property assessment roll as a whole, and

10  independently for the following real property classes whenever

11  the classes constituted 5 percent or more of the total

12  assessed value of real property in a county on the previous

13  tax roll:

14         1.  Residential property that consists of one primary

15  living unit, including, but not limited to, single-family

16  residences, condominiums, cooperatives, and mobile homes.

17         2.  Residential property that consists of two or more

18  primary living units.

19         3.  Agricultural, high-water recharge, historic

20  property used for commercial or certain nonprofit purposes,

21  workforce rental housing and affordable rental housing

22  property, and other use-valued property.

23         4.  Vacant lots.

24         5.  Nonagricultural acreage and other undeveloped

25  parcels.

26         6.  Improved commercial and industrial property.

27         7.  Taxable institutional or governmental, utility,

28  locally assessed railroad, oil, gas and mineral land,

29  subsurface rights, and other real property.

30  

31  

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 1  When one of the above classes constituted less than 5 percent

 2  of the total assessed value of all real property in a county

 3  on the previous assessment roll, the department may combine it

 4  with one or more other classes of real property for purposes

 5  of assessment ratio studies or use the weighted average of the

 6  other classes for purposes of calculating the level of

 7  assessment for all real property in a county.  The department

 8  shall also publish such results for any subclassifications of

 9  the classes or assessment rolls it may have chosen to study.

10         Section 28.  Section 200.186, Florida Statutes, is

11  created to read:

12         200.186  Maximum millage rates for the 2008-2009 fiscal

13  year.--

14         (1)  In the 2008-2009 fiscal year, a county, municipal

15  service taxing units of that county, and special districts

16  dependent to that county; a municipality and special districts

17  dependent to that municipality; and an independent special

18  district may levy a maximum millage that is determined as

19  follows:

20         (a)  The maximum millage rate shall be the rolled-back

21  rate calculated pursuant to s. 200.065 and adjusted for growth

22  in per capita Florida personal income, except that:

23         1.  Ad valorem tax revenue levied in the 2007-2008

24  fiscal year, as used in the calculation of the rolled-back

25  rate, shall be reduced by any tax revenue resulting from a

26  millage rate approved by a super majority vote of the

27  governing board of the taxing authority in excess of the

28  maximum rate that could have been levied by a majority vote as

29  provided in s. 200.185; and

30         2.  The taxable value within the jurisdiction of each

31  taxing authority, as used in the calculation of the

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 1  rolled-back rate, shall be increased by the amount necessary

 2  to offset any reduction in taxable value occurring as a result

 3  of the amendments to the State Constitution contained in SJR

 4  4B or HJR 3B revising the homestead tax exemption and

 5  providing an exemption from ad valorem taxation for tangible

 6  personal property.

 7         (b)  If approved by a two-thirds vote of the governing

 8  body, a rate may be levied in excess of the rate calculated

 9  pursuant to paragraph (a) if the excess is not more than 67

10  percent of the difference between the rolled-back rate

11  calculated pursuant to s. 200.065, and the rate calculated in

12  paragraph (a).

13         (c)  A rate may be levied in excess of the millage rate

14  allowed in paragraph (b) if the rate is approved by a

15  unanimous vote of the governing body or if approved by a

16  referendum of the voters.

17         (2)  Any county or municipality that is in violation of

18  this section shall forfeit the distribution of the local

19  government half-cent sales tax revenues during the 12 months

20  following a determination of noncompliance by the Department

21  of Revenue, subject to the conditions provided in ss. 200.065

22  and 218.63.

23         (3)  The millage rate of a county or municipality,

24  municipal service taxing unit of that county, and any special

25  district dependent to that county or municipality may exceed

26  in any year the maximum millage rate calculated pursuant to

27  this section if the total county ad valorem taxes levied or

28  total municipal ad valorem taxes levied, as defined in s.

29  200.001, do not exceed the maximum total county ad valorem

30  taxes levied or maximum total municipal ad valorem taxes

31  levied, as defined in s. 200.001, respectively. Total taxes

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 1  levied may exceed the maximum calculated pursuant to this

 2  section as a result of an increase in taxable value above that

 3  certified in s. 200.065(1) if such increase is less than the

 4  percentage amounts contained in s. 200.065(6); however, if

 5  such increase in taxable value exceeds the percentage amounts

 6  contained in s. 200.065(6), millage rates subject to this

 7  section must be reduced so that total taxes levied do not

 8  exceed the maximum.

 9         (4)  If the amendments to the State Constitution

10  contained in SJR 4B or HJR 3B revising the homestead tax

11  exemption and providing an exemption from ad valorem taxation

12  for tangible personal property, are approved by a vote of the

13  electors, this section shall supersede the provisions of s.

14  200.185(5).

15         Section 29.  If any law that is amended by this act was

16  also amended by a law enacted during the 2007 Regular Session

17  or any 2007 special session of the Legislature, such laws

18  shall be construed as if they had been enacted during the same

19  session of the Legislature, and full effect should be given to

20  each if that is possible.

21         Section 30.  Except as otherwise expressly provided in

22  this act, this act and section 29 of this act shall take

23  effect upon becoming a law, sections 13 through 28 of this act

24  shall take effect only upon the effective date of amendments

25  to the State Constitution contained in Senate Joint Resolution

26  4B or House Joint Resolution 3B revising the homestead tax

27  exemption and providing an exemption from ad valorem taxation

28  for tangible personal property and property used for workforce

29  and affordable rental housing, and sections 13 through 28 of

30  this act shall apply retroactively to the 2008 tax roll.

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises various provisions governing the fixing of
      millage rates. Revises the method for computing the
 4    rolled-back rate. Requires that property appraisers
      provide instructions to the taxing authorities for
 5    computing the maximum millage rates. Revises the method
      of calculating the maximum millage rate beginning in the
 6    2009-2010 fiscal year. Provides for higher millage rates
      if adopted by certain required votes of the governing
 7    body of the taxing authority or approved by referendum.
      Provides certain exceptions to the limitations on millage
 8    rates. Provides that a county or municipality is subject
      to forfeiture of the allocation of the local government
 9    half-cent sales tax revenues if it does not comply with
      provisions limiting maximum millage rates. Requires each
10    taxing authority to include calculations upon which
      maximum millage rates are based in the certification of
11    value. Specifies the maximum millage rates that a county,
      municipality, dependent district, or independent district
12    may levy for the 2007-2008 fiscal year based on per
      capita growth in ad valorem taxes. Requires the
13    Department of Revenue to calculate and publish the per
      capita growth in ad valorem taxes for each taxing
14    authority. Provides certain exceptions to the limitations
      on maximum millage rates. Authorizes the Department of
15    Revenue to adopt emergency rules. Revises the exemption
      from taxation provided for homesteads. Specifies the
16    amount of the exemption based on just value. Provides
      that a owner of property is entitled to an alternative
17    exemption under certain circumstances. Exempts tangible
      personal property tax returns from $25,000 of assessed
18    value. Provides penalties for failure to file a return as
      required or to claim more exemptions than allowed.
19    Revises provisions providing for the assessment of
      property receiving the low-income housing tax credit.
20    Provides for the assessment of structural improvements on
      land owned by a community land trust and used to provide
21    affordable housing. Provides for the assessment of rental
      property used for workforce housing or affordable
22    housing. Requires that a property owner file an
      application for such classification with the property
23    appraiser or file a petition with the value adjustment
      board. Specifies the types of property that are eligible
24    to be classified as workforce rental housing or
      affordable rental housing. Requires that property be
25    removed from such classification if its use or program
      eligibility changes. Requires that the property owner
26    annually provide a rent roll and income and expense
      statement to the property appraiser for the preceding
27    year. (See bill for details.)

28  

29  

30  

31  

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