Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. SB 4-D
                        Barcode 202864
                            CHAMBER ACTION
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       10/17/2007 03:26 PM         .                    
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11  Senators Geller, Deutch, Rich, Justice, Rich, Bullard,
12  Aronberg, Lawson, Joyner, Dawson, and Siplin moved the
13  following amendment:
14  
15         Senate Amendment (with title amendment) 
16         Delete everything after the enacting clause
17  
18  and insert:  
19         Section 1.  (1)  The executive director of the
20  Department of Revenue is authorized, and all conditions are
21  deemed met, to adopt emergency rules under ss. 120.536(1) and
22  120.54(4), Florida Statutes, for the purpose of implementing
23  sections 3 and 4 of this act.
24         (2)  In anticipation of implementing those portions of
25  this act which have not taken effect, the executive director
26  of the Department of Revenue is authorized, and all conditions
27  are deemed met, to adopt emergency rules under ss. 120.536(1)
28  and 120.54(4), Florida Statutes, for the purpose of making
29  necessary changes and preparations so that forms, methods, and
30  data records, electronic or otherwise, are ready and in place
31  if those portions of this act which have not taken effect
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    10:20 AM   10/17/07                             s0004Dd-31-32p

Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 become law. 2 (3) Notwithstanding any other provision of law, such 3 emergency rules shall remain in effect for 18 months after the 4 date of adoption and may be renewed during the pendency of 5 procedures to adopt rules addressing the subject of the 6 emergency rules. 7 Section 2. Section 196.002, Florida Statutes, is 8 amended to read: 9 196.002 Legislative intent.--For the purposes of 10 assessment roll recordkeeping and reporting,: 11 (1) The increase in the homestead exemption provided 12 in s. 196.031(3)(d) shall be reported separately for those 13 persons entitled to exemption under paragraph (a) or paragraph 14 (b) of s. 196.031(3) and for those persons entitled to 15 exemption under s. 196.031(1) but not under said paragraphs; 16 and 17 (2) the exemptions authorized by each provision of 18 this chapter shall be reported separately for each category of 19 exemption in each such provision, both as to total value 20 exempted and as to the number of exemptions granted. 21 Section 3. Subsection (2) of section 193.114, Florida 22 Statutes, is amended to read: 23 193.114 Preparation of assessment rolls.-- 24 (2) The department shall promulgate regulations and 25 forms for the preparation of the real property assessment roll 26 to reflect: 27 (a) A brief description of the property for purposes 28 of location and, effective January 1, 1996, a market area code 29 established according to department guidelines. However, if a 30 property appraiser uses a neighborhood code, beginning in 31 1994, the property appraiser shall provide the neighborhood 2 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 code to the department. 2 (b) The just value (using the factors set out in s. 3 193.011) of all property. The assessed value for school 4 district levies and for nonschool district levies shall be 5 separately listed. 6 (c) When property is wholly or partially exempt, a 7 categorization of such exemption. There shall be a separate 8 listing on the roll for exemptions pertaining to assessed 9 value for school district levies and for nonschool district 10 levies. 11 (d) When property is classified so that it is assessed 12 other than under s. 193.011, the value according to its 13 classified use and its value as assessed under s. 193.011. 14 (e) The owner or fiduciary responsible for payment of 15 taxes on the property, his or her address, and an indication 16 of any fiduciary capacity (such as executor, administrator, 17 trustee, etc.) as appropriate. 18 (f) The millage levied on the property, including 19 separately, school district millage and nonschool district 20 millage. 21 (g) A separate listing for taxable value for school 22 district levies and for nonschool district levies. The tax 23 shall be, determined by multiplying the millages by the 24 taxable values for school district levies and nonschool 25 district levies value. 26 Section 4. Section 193.155, Florida Statutes, is 27 amended to read: 28 193.155 Homestead assessments.--Homestead property 29 shall be assessed at just value as of January 1, 1994. 30 Property receiving the homestead exemption after January 1, 31 1994, shall be assessed at just value as of January 1 of the 3 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 year in which the property receives the exemption unless the 2 provisions of subsection (8) apply. 3 (1) Beginning in 1995, or the year following the year 4 the property receives homestead exemption, whichever is later, 5 the property shall be reassessed annually on January 1. Any 6 change resulting from such reassessment shall not exceed the 7 lower of the following: 8 (a) Three percent of the assessed value of the 9 property for the prior year; or 10 (b) The percentage change in the Consumer Price Index 11 for All Urban Consumers, U.S. City Average, all items 12 1967=100, or successor reports for the preceding calendar year 13 as initially reported by the United States Department of 14 Labor, Bureau of Labor Statistics. 15 (2) If the assessed value of the property as 16 calculated under subsection (1) exceeds the just value, the 17 assessed value of the property shall be lowered to the just 18 value of the property. 19 (3) Except as provided in this subsection or 20 subsection (8), property assessed under this section shall be 21 assessed at just value as of January 1 of the year following a 22 change of ownership. Thereafter, the annual changes in the 23 assessed value of the property are subject to the limitations 24 in subsections (1) and (2). For the purpose of this section, a 25 change in ownership means any sale, foreclosure, or transfer 26 of legal title or beneficial title in equity to any person, 27 except as provided in this subsection. There is no change of 28 ownership if: 29 (a) Subsequent to the change or transfer, the same 30 person is entitled to the homestead exemption as was 31 previously entitled and: 4 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 1. The transfer of title is to correct an error; 2 2. The transfer is between legal and equitable title; 3 or 4 3. The change or transfer is by means of an instrument 5 in which the owner is listed as both grantor and grantee of 6 the real property and one or more other individuals are 7 additionally named as grantee. However, if any individual who 8 is additionally named as a grantee applies for a homestead 9 exemption on the property, the application shall be considered 10 a change of ownership; 11 (b) The transfer is between husband and wife, 12 including a transfer to a surviving spouse or a transfer due 13 to a dissolution of marriage; 14 (c) The transfer occurs by operation of law under s. 15 732.4015; or 16 (d) Upon the death of the owner, the transfer is 17 between the owner and another who is a permanent resident and 18 is legally or naturally dependent upon the owner. 19 (4)(a) Except as provided in paragraph (b), changes, 20 additions, or improvements to homestead property shall be 21 assessed at just value as of the first January 1 after the 22 changes, additions, or improvements are substantially 23 completed. 24 (b) Changes, additions, or improvements that replace 25 all or a portion of homestead property damaged or destroyed by 26 misfortune or calamity shall not increase the homestead 27 property's assessed value when the square footage of the 28 homestead property as changed or improved does not exceed 110 29 percent of the square footage of the homestead property before 30 the damage or destruction. Additionally, the homestead 31 property's assessed value shall not increase if the total 5 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 square footage of the homestead property as changed or 2 improved does not exceed 1,500 square feet. Changes, 3 additions, or improvements that do not cause the total to 4 exceed 110 percent of the total square footage of the 5 homestead property before the damage or destruction or that do 6 not cause the total to exceed 1,500 total square feet shall be 7 reassessed as provided under subsection (1). The homestead 8 property's assessed value shall be increased by the just value 9 of that portion of the changed or improved homestead property 10 which is in excess of 110 percent of the square footage of the 11 homestead property before the damage or destruction or of that 12 portion exceeding 1,500 square feet. Homestead property 13 damaged or destroyed by misfortune or calamity which, after 14 being changed or improved, has a square footage of less than 15 100 percent of the homestead property's total square footage 16 before the damage or destruction shall be assessed pursuant to 17 subsection (5). This paragraph applies to changes, additions, 18 or improvements commenced within 3 years after the January 1 19 following the damage or destruction of the homestead. 20 (c) Changes, additions, or improvements that replace 21 all or a portion of real property that was damaged or 22 destroyed by misfortune or calamity shall be assessed upon 23 substantial completion as if such damage or destruction had 24 not occurred and in accordance with paragraph (b) if the owner 25 of such property: 26 1. Was permanently residing on such property when the 27 damage or destruction occurred; 28 2. Was not entitled to receive homestead exemption on 29 such property as of January 1 of that year; and 30 3. Applies for and receives homestead exemption on 31 such property the following year. 6 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 (d) Changes, additions, or improvements include 2 improvements made to common areas or other improvements made 3 to property other than to the homestead property by the owner 4 or by an owner association, which improvements directly 5 benefit the homestead property. Such changes, additions, or 6 improvements shall be assessed at just value, and the just 7 value shall be apportioned among the parcels benefiting from 8 the improvement. 9 (5) When property is destroyed or removed and not 10 replaced, the assessed value of the parcel shall be reduced by 11 the assessed value attributable to the destroyed or removed 12 property. 13 (6) Only property that receives a homestead exemption 14 is subject to this section. No portion of property that is 15 assessed solely on the basis of character or use pursuant to 16 s. 193.461 or s. 193.501, or assessed pursuant to s. 193.505, 17 is subject to this section. When property is assessed under s. 18 193.461, s. 193.501, or s. 193.505 and contains a residence 19 under the same ownership, the portion of the property 20 consisting of the residence and curtilage must be assessed 21 separately, pursuant to s. 193.011, for the assessment to be 22 subject to the limitation in this section. 23 (7) If a person received a homestead exemption limited 24 to that person's proportionate interest in real property, the 25 provisions of this section apply only to that interest. 26 (8) Property assessed under this section shall be 27 assessed at less than just value following a change in 28 ownership, for all levies other than school district levies, 29 when the person who establishes a new homestead has received a 30 homestead exemption as of January 1 of either of the two 31 immediately preceding years. A person who establishes a new 7 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 homestead as of January 1, 2008, is entitled to have the new 2 homestead assessed at less than just value only if that person 3 received a homestead exemption on January 1, 2007. The 4 assessed value of the newly established homestead shall be 5 determined as provided in this subsection. 6 (a) If the just value of the new homestead as of 7 January 1 is greater than or equal to the just value of the 8 immediate prior homestead of the person establishing the new 9 homestead as of January 1 of the year in which the immediate 10 prior homestead was abandoned, the assessed value of the new 11 homestead shall be the just value of the new homestead minus 12 an amount equal to the lesser of $1 million or the difference 13 between the just value and the assessed value of the immediate 14 prior homestead as of January 1 of the year in which the prior 15 homestead was abandoned. Thereafter, the homestead shall be 16 assessed as provided in this section. 17 (b) If the just value of the new homestead as of 18 January 1 is less than the just value of the immediate prior 19 homestead as of January 1 of the year in which the immediate 20 prior homestead was abandoned, the assessed value of the new 21 homestead shall be equal to the just value of the new 22 homestead divided by the just value of the immediate prior 23 homestead and multiplied by the assessed value of the 24 immediate prior homestead. However, if the difference between 25 the just value of the new homestead and the assessed value of 26 the new homestead calculated pursuant to this paragraph is 27 greater than $1 million, the assessed value of the new 28 homestead shall be increased so that the difference between 29 the just value and the assessed value equals $1 million. 30 Thereafter, the homestead shall be assessed as provided in 31 this section. 8 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 (c) If two or more persons who have each received a 2 homestead exemption as of January 1 of either of the two 3 immediately preceding years and would otherwise be eligible to 4 have a new homestead property assessed under this subsection 5 establish a single new homestead, the reduction in just value 6 shall be limited to the reduction that could have resulted 7 from any one of the eligible prior homesteads. 8 (d) If two or more persons abandon their jointly owned 9 homestead property and one or more such persons establish a 10 new homestead that would otherwise be eligible for assessment 11 under this subsection, each person is entitled to a reduction 12 in just value for the new homestead in proportion to his or 13 her ownership interest in the prior homestead. There shall be 14 no reduction in assessed value of any new homestead unless the 15 prior homestead is reassessed under subsection (3) or this 16 subsection as of January 1 after the abandonment occurs. 17 (e) In order to have his or her homestead property 18 assessed under this subsection, a person must provide to the 19 property appraiser a copy of his or her notice of proposed 20 property taxes for an eligible prior homestead at the same 21 time he or she applies for the homestead exemption, and must 22 sign a sworn statement, on a form prescribed by the 23 department, attesting to his or her entitlement to the 24 assessment. 25 26 The department shall require by rule that the required 27 documentation be submitted with the homestead exemption 28 application under the timeframes and processes set forth in 29 chapter 196 to the extent practicable, and that the filing of 30 the statement be supported by copies of such notices. 31 (9)(8) Erroneous assessments of homestead property 9 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 assessed under this section may be corrected in the following 2 manner: 3 (a) If errors are made in arriving at any assessment 4 under this section due to a material mistake of fact 5 concerning an essential characteristic of the property, the 6 just value and assessed value must be recalculated for every 7 such year, including the year in which the mistake occurred. 8 (b) If changes, additions, or improvements are not 9 assessed at just value as of the first January 1 after they 10 were substantially completed, the property appraiser shall 11 determine the just value for such changes, additions, or 12 improvements for the year they were substantially completed. 13 Assessments for subsequent years shall be corrected, applying 14 this section if applicable. 15 (c) If back taxes are due pursuant to s. 193.092, the 16 corrections made pursuant to this subsection shall be used to 17 calculate such back taxes. 18 (10)(9) If the property appraiser determines that for 19 any year or years within the prior 10 years a person who was 20 not entitled to the homestead property assessment limitation 21 granted under this section was granted the homestead property 22 assessment limitation, the property appraiser making such 23 determination shall record in the public records of the county 24 a notice of tax lien against any property owned by that person 25 in the county, and such property must be identified in the 26 notice of tax lien. Such property that is situated in this 27 state is subject to the unpaid taxes, plus a penalty of 50 28 percent of the unpaid taxes for each year and 15 percent 29 interest per annum. However, when a person entitled to 30 exemption pursuant to s. 196.031 inadvertently receives the 31 limitation pursuant to this section following a change of 10 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 ownership, the assessment of such property must be corrected 2 as provided in paragraph (9)(a) (8)(a), and the person need 3 not pay the unpaid taxes, penalties, or interest. 4 Section 5. Section 196.031, Florida Statutes, is 5 amended to read: 6 196.031 Exemption of homesteads.-- 7 (1)(a) Every person who, on January 1, has the legal 8 title or beneficial title in equity to real property in this 9 state and who resides thereon and in good faith makes the same 10 his or her permanent residence, or the permanent residence of 11 another or others legally or naturally dependent upon such 12 person, is entitled to an exemption from all taxation, except 13 for assessments for special benefits, up to the assessed 14 valuation of $25,000 $5,000 on the residence and contiguous 15 real property, as defined in s. 6, Art. VII of the State 16 Constitution. Such title may be held by the entireties, 17 jointly, or in common with others, and the exemption may be 18 apportioned among such of the owners as shall reside thereon, 19 as their respective interests shall appear. If only one of the 20 owners of an estate held by the entireties or held jointly 21 with the right of survivorship resides on the property, that 22 owner is allowed an exemption of up to the assessed valuation 23 of $25,000 $5,000 on the residence and contiguous real 24 property. However, no such exemption of more than $25,000 25 $5,000 is allowed to any one person or on any one dwelling 26 house, except that an exemption up to the assessed valuation 27 of $25,000 $5,000 may be allowed on each apartment or mobile 28 home occupied by a tenant-stockholder or member of a 29 cooperative corporation and on each condominium parcel 30 occupied by its owner. Except for owners of an estate held by 31 the entireties or held jointly with the right of survivorship, 11 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 the amount of the exemption may not exceed the proportionate 2 assessed valuation of all owners who reside on the property. 3 Before such exemption may be granted, the deed or instrument 4 shall be recorded in the official records of the county in 5 which the property is located. The property appraiser may 6 request the applicant to provide additional ownership 7 documents to establish title. 8 (b) Every person who qualifies to receive the 9 exemption provided in paragraph (a) and whose homestead just 10 value is less than $500,000 is entitled to an additional 11 exemption of up to $25,000 on the assessed valuation greater 12 than $50,000 and up to $75,000 of assessed value for all 13 levies other than school district levies and levies for 14 dependent or independent special districts or municipal 15 service taxing units the primary function of which is to 16 provide emergency medical or fire rescue services. 17 (2) As used in subsection (1), the term "cooperative 18 corporation" means a corporation, whether for profit or not 19 for profit, organized for the purpose of owning, maintaining, 20 and operating an apartment building or apartment buildings or 21 a mobile home park to be occupied by its stockholders or 22 members; and the term "tenant-stockholder or member" means an 23 individual who is entitled, solely by reason of his or her 24 ownership of stock or membership in a cooperative corporation, 25 as evidenced in the official records of the office of the 26 clerk of the circuit court of the county in which the 27 apartment building is located, to occupy for dwelling purposes 28 an apartment in a building owned by such corporation or to 29 occupy for dwelling purposes a mobile home which is on or a 30 part of a cooperative unit. A corporation leasing land for a 31 term of 98 years or more for the purpose of maintaining and 12 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 operating a cooperative thereon shall be deemed the owner for 2 purposes of this exemption. 3 (3)(a) The exemption provided in this section does For 4 every person who is entitled to the exemption provided in 5 subsection (1), who is a permanent resident of this state, and 6 who is 65 years of age or older, the exemption is increased to 7 $10,000 of assessed valuation for taxes levied by governing 8 bodies of counties, municipalities, and special districts. 9 (b) For every person who is entitled to the exemption 10 provided in subsection (1), who has been a permanent resident 11 of this state for the 5 consecutive years prior to claiming 12 the exemption under this subsection, and who qualifies for the 13 exemption granted pursuant to s. 196.202 as a totally and 14 permanently disabled person, the exemption is increased to 15 $9,500 of assessed valuation for taxes levied by governing 16 bodies of counties, municipalities, and special districts. 17 (c) No homestead shall be exempted under both 18 paragraphs (a) and (b). In no event shall the combined 19 exemptions of s. 196.202 and paragraph (a) or paragraph (b) 20 exceed $10,000. 21 (d) For every person who is entitled to the exemption 22 provided in subsection (1) and who is a permanent resident of 23 this state, the exemption is increased to a total of $25,000 24 of assessed valuation for taxes levied by governing bodies of 25 school districts. 26 (e) For every person who is entitled to the exemption 27 provided in subsection (1) and who is a resident of this 28 state, the exemption is increased to a total of $25,000 of 29 assessed valuation for levies of taxing authorities other than 30 school districts. However, the increase provided in this 31 paragraph shall not apply with respect to the assessment roll 13 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 of a county unless and until the roll of that county has been 2 approved by the executive director pursuant to s. 193.1142. 3 (4) The property appraisers of the various counties 4 shall each year compile a list of taxable property and its 5 value removed from the assessment rolls of each school 6 district as a result of the excess of exempt value above that 7 amount allowed for nonschool levies as provided in subsections 8 (1) and (3), as well as a statement of the loss of tax revenue 9 to each school district from levies other than the minimum 10 financial effort required pursuant to s. 1011.60(6), and shall 11 deliver a copy thereof to the Department of Revenue upon 12 certification of the assessment roll to the tax collector. 13 (4)(5) The exemption provided in this section applies 14 only to those parcels classified and assessed as 15 owner-occupied residential property or only to the portion of 16 property so classified and assessed. 17 (5)(6) A person who is receiving or claiming the 18 benefit of an ad valorem tax exemption or a tax credit in 19 another state where permanent residency is required as a basis 20 for the granting of that ad valorem tax exemption or tax 21 credit is not entitled to the homestead exemption provided by 22 this section. This subsection does not apply to a person who 23 has the legal or equitable title to real estate in Florida and 24 maintains thereon the permanent residence of another legally 25 or naturally dependent upon the owner. 26 (6)(7) When homestead property is damaged or destroyed 27 by misfortune or calamity and the property is uninhabitable on 28 January 1 after the damage or destruction occurs, the 29 homestead exemption may be granted if the property is 30 otherwise qualified and if the property owner notifies the 31 property appraiser that he or she intends to repair or rebuild 14 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 the property and live in the property as his or her primary 2 residence after the property is repaired or rebuilt and does 3 not claim a homestead exemption on any other property or 4 otherwise violate this section. Failure by the property owner 5 to commence the repair or rebuilding of the homestead property 6 within 3 years after January 1 following the property's damage 7 or destruction constitutes abandonment of the property as a 8 homestead. 9 Section 6. Section 196.078, Florida Statutes, is 10 created to read: 11 196.078 Additional homestead exemption for first-time 12 Florida homebuyers.-- 13 (1) As used in this section, the term "first-time 14 Florida homebuyer" means a person who establishes the right to 15 receive the homestead exemption provided in s. 196.031 within 16 1 year after purchasing the homestead property and who had not 17 previously owned property receiving the homestead exemption 18 provided in s. 196.031. 19 (2) Every first-time Florida homebuyer is entitled to 20 an additional homestead exemption in an amount equal to 25 21 percent of the homestead property's just value on January 1 of 22 the year in which the homestead is established, not to exceed 23 25 percent of the median just value of homesteads in the 24 county in which the homestead is located in the year prior to 25 establishing the new homestead. This exemption is not 26 available if any owner of the property has previously owned 27 property that received the homestead exemption provided in s. 28 196.031. The additional homestead exemption shall be reduced 29 each year by the difference between the homestead's just value 30 and assessed value as determined under s. 193.155 until the 31 value of the exemption is reduced to zero. The exemption 15 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 provided under this subsection applies to all levies other 2 than school district levies and levies for dependent or 3 independent special districts or municipal service taxing 4 units the primary function of which is to provide emergency 5 medical or fire rescue services. 6 (3) The property appraiser shall require a first-time 7 Florida homebuyer claiming an exemption under this section to 8 submit, not later than March 1 on a form prescribed by the 9 Department of Revenue, a sworn statement attesting that the 10 taxpayer, and each other person who holds legal or equitable 11 title to the property, has never owned property that received 12 the homestead exemption provided by s. 196.031. In order for 13 the exemption to be retained upon the addition of another 14 person to the title to the property, the person added must 15 also submit, not later than the subsequent March 1 on a form 16 prescribed by the department, a sworn statement attesting that 17 he or she has never held title to Florida homestead property. 18 (4) The provisions of ss. 196.131 and 196.161 apply to 19 the exemption provided in this section. 20 Section 7. Subsection (2) of section 196.075, Florida 21 Statutes, is amended to read: 22 196.075 Additional homestead exemption for persons 65 23 and older.-- 24 (2) In accordance with s. 6(f), Art. VII of the State 25 Constitution, the board of county commissioners of any county 26 or the governing authority of any municipality shall may adopt 27 an ordinance to allow an additional homestead exemption of up 28 to $50,000 for any person who has the legal or equitable title 29 to real estate and maintains thereon the permanent residence 30 of the owner, who has attained age 65, and whose household 31 income does not exceed $20,000. 16 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 Section 8. Paragraph (a) of subsection (1) of section 2 196.161, Florida Statutes, is amended to read: 3 196.161 Homestead exemptions; lien imposed on property 4 of person claiming exemption although not a permanent 5 resident.-- 6 (1)(a) When the estate of any person is being probated 7 or administered in another state under an allegation that such 8 person was a resident of that state and the estate of such 9 person contains real property situate in this state upon which 10 homestead exemption has been allowed pursuant to this chapter 11 s. 196.031 for any year or years within 10 years immediately 12 prior to the death of the deceased, then within 3 years after 13 the death of such person the property appraiser of the county 14 where the real property is located shall, upon knowledge of 15 such fact, record a notice of tax lien against the property 16 among the public records of that county, and the property 17 shall be subject to the payment of all taxes exempt 18 thereunder, a penalty of 50 percent of the unpaid taxes for 19 each year, plus 15 percent interest per year, unless the 20 circuit court having jurisdiction over the ancillary 21 administration in this state determines that the decedent was 22 a permanent resident of this state during the year or years an 23 exemption was allowed, whereupon the lien shall not be filed 24 or, if filed, shall be canceled of record by the property 25 appraiser of the county where the real estate is located. 26 Section 9. Paragraph (b) of subsection (2) of section 27 197.252, Florida Statutes, is amended to read: 28 197.252 Homestead tax deferral.-- 29 (2) 30 (b) If the applicant is 65 years of age or older 31 entitled to claim the increased exemption by reason of age and 17 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 residency as provided in s. 196.031(3)(a), approval of the 2 application shall defer that portion of the ad valorem taxes 3 plus non-ad valorem assessments which exceeds 3 percent of the 4 applicant's household income for the prior calendar year. If 5 any applicant's household income for the prior calendar year 6 is less than $10,000, or is less than the amount of the 7 household income designated for the additional homestead 8 exemption pursuant to s. 196.075, and the applicant is 65 9 years of age or older, approval of the application shall defer 10 the ad valorem taxes plus non-ad valorem assessments in their 11 entirety. 12 Section 10. Section 196.183, Florida Statutes, is 13 created to read: 14 196.183 Exemption for tangible personal property.-- 15 (1) Each tangible personal property tax return is 16 eligible for an exemption from ad valorem taxation of up to 17 $25,000 of assessed value. A single return must be filed for 18 each site in the county where the owner of tangible personal 19 property transacts business. Owners of freestanding property 20 placed at multiple sites, other than sites where the owner 21 transacts business, must file a single return, including all 22 such property located in the county. Freestanding property 23 placed at multiple sites includes vending and amusement 24 machines, LP/propane tanks, utility and cable company 25 property, billboards, leased equipment, and similar property 26 that is not customarily located in the offices, stores, or 27 plants of the owner, but is placed throughout the county. 28 Railroads, private carriers, and other companies assessed 29 pursuant to s. 193.085 shall be allowed one $25,000 exemption 30 for each county to which the value of their property is 31 allocated. 18 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 (2) The requirement that an annual tangible personal 2 property tax return pursuant to s. 193.052 be filed for 3 taxpayers owning taxable property the value of which, as 4 listed on the return, does not exceed the exemption provided 5 in this section is waived. In order to qualify for this 6 waiver, a taxpayer must file an initial return on which the 7 exemption is taken. If, in subsequent years, the taxpayer owns 8 taxable property the value of which, as listed on the return, 9 exceeds the exemption, the taxpayer is obligated to file a 10 return. The taxpayer may again qualify for the waiver only 11 after filing a return on which the value as listed on the 12 return does not exceed the exemption. A return filed or 13 required to be filed shall be considered an application filed 14 or required to be filed for the exemption under this section. 15 (3) The exemption provided in this section does not 16 apply in any year a taxpayer fails to file a return that is 17 not waived pursuant to subsection (2). Any taxpayer who 18 received a waiver pursuant to subsection (2) and who owns 19 taxable property the value of which, as listed on the return, 20 exceeds the exemption in a subsequent year and who fails to 21 file a return with the property appraiser is subject to the 22 penalty contained in s. 193.072(1)(a) calculated without the 23 benefit of the exemption pursuant to this section. Any 24 taxpayer claiming more exemptions than allowed pursuant to 25 subsection (1) is subject to the taxes exempted as a result of 26 wrongfully claiming the additional exemptions plus 15 percent 27 interest per annum and a penalty of 50 percent of the taxes 28 exempted. 29 Section 11. Section 1 of this act and this section 30 shall take effect upon becoming a law, sections 2 through 10 31 of this act shall take effect January 1, 2008, but shall take 19 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 effect only upon the effective date of amendments to the State 2 Constitution contained in CS for Senate Joint Resolution 2-D 3 or House Joint Resolution __ revising the homestead tax 4 exemption and providing an exemption from ad valorem taxation 5 for tangible personal property and property used for workforce 6 and affordable rental housing, and sections 2 through 10 of 7 this act shall apply retroactively to the 2008 tax roll if the 8 amendments to the State Constitution contained in CS for 9 Senate Joint Resolution 2-D or House Joint Resolution __ are 10 approved in a special election held on January 29, 2008, or 11 shall apply to the 2009 tax roll if the amendments to the 12 State Constitution contained in CS for Senate Joint Resolution 13 2-D or House Joint Resolution __ are approved in the general 14 election held in November of 2008. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 Delete everything before the enacting clause 20 21 and insert: 22 A bill to be entitled 23 An act relating to ad valorem taxation; 24 authorizing the Department of Revenue to adopt 25 emergency rules; providing for application and 26 renewal thereof; amending s. 196.002, F.S.; 27 revising certain reporting requirements for the 28 property appraiser in order to conform to 29 changes made by the act; amending s. 193.114, 30 F.S.; providing additional requirements for 31 assessment rolls; amending s. 193.155, F.S.; 20 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 providing for the assessment of homestead 2 property following a change in ownership based 3 on the just value of the immediate prior 4 homestead; providing for determining the just 5 value of the new homestead; providing for 6 assessing a homestead established by two or 7 more persons who held prior homestead property; 8 providing requirements for applying for such an 9 assessment; requiring that the Department of 10 Revenue provide by rule for documenting 11 entitlement to the assessment; amending s. 12 196.031, F.S.; increasing the amount of the 13 exemption provided for homestead property; 14 providing for an additional exemption for 15 levies other than school district levies and 16 designated others; deleting obsolete 17 provisions; deleting a requirement that 18 property appraisers compile information 19 concerning the loss of certain tax revenues and 20 submit a copy to the Department of Revenue; 21 creating s. 196.078, F.S.; providing for an 22 additional homestead exemption for first-time 23 Florida homebuyers; providing a definition; 24 providing for the amount of the additional 25 exemption; requiring that a person claiming 26 such exemption submit a sworn statement 27 attesting that he or she has never owned 28 property that received a homestead exemption in 29 this state; providing requirements for forms; 30 providing penalties; amending s. 196.161, F.S.; 31 providing that claims for homestead exemptions 21 10:20 AM 10/17/07 s0004Dd-31-32p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 202864 1 by persons not entitled to such exemptions 2 subjects the property to tax liens; amending s. 3 197.252, F.S., relating to the homestead tax 4 deferral; conforming provisions to changes made 5 by the act; creating s. 196.183, F.S.; 6 exempting each tangible personal property tax 7 return from a specified amount of assessed 8 value; limiting a single business operation 9 within a county to one exemption; providing a 10 procedure for waiving the requirement to file 11 an annual tangible personal property tax return 12 if the taxpayer is entitled to the exemption; 13 providing penalties for failure to file a 14 return as required or to claim more exemptions 15 than allowed; providing that the exemption does 16 not apply to certain mobile homes; amending s. 17 196.075, F.S.; requiring counties to adopt an 18 ordinance increasing homestead exemption under 19 certain circumstances; providing that certain 20 provisions of the act apply retroactively; 21 providing effective dates, one of which is 22 contingent. 23 24 25 26 27 28 29 30 31 22 10:20 AM 10/17/07 s0004Dd-31-32p