Florida Senate - 2009 SB 2056 By Senator Sobel 31-01640A-09 20092056__ 1 A bill to be entitled 2 An act relating to school district required local 3 effort; requiring tax collectors to include on annual 4 tax bills a notice of any specific provisions of law 5 requiring a school district to change its required 6 local effort resulting in a change in property taxes; 7 amending s.200.069, F.S.; requiring the notice of 8 proposed property taxes and non-ad valorem assessments 9 to include an explanation of changes in millage rates 10 for required local effort ad valorem taxes set by the 11 Legislature; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Whenever the Legislature enacts legislation that 16 requires a school district to change its required local effort 17 resulting in a change in related ad valorem taxes, the tax 18 collector in each county shall notify each taxpayer, in the 19 notice of proposed property taxes and non-ad valorem assessments 20 required by s. 200.069, Florida Statutes, of the specific 21 chapter of the Laws of Florida which imposes the change in the 22 required local effort and results in the change in ad valorem 23 taxation. 24 Section 2. Section 200.069, Florida Statutes, is amended to 25 read: 26 200.069 Notice of proposed property taxes and non-ad 27 valorem assessments.—Pursuant to s. 200.065(2)(b), the property 28 appraiser, in the name of the taxing authorities and local 29 governing boards levying non-ad valorem assessments within his 30 or her jurisdiction and at the expense of the county, shall 31 prepare and deliver by first-class mail to each taxpayer to be 32 listed on the current year's assessment roll a notice of 33 proposed property taxes, which notice shall contain the elements 34 and use the format provided in the following form. 35 Notwithstanding the provisions of s. 195.022, no county officer 36 shall use a form other than that provided herein. The Department 37 of Revenue may adjust the spacing and placement on the form of 38 the elements listed in this section as it considers necessary 39 based on changes in conditions necessitated by various taxing 40 authorities. If the elements are in the order listed, the 41 placement of the listed columns may be varied at the discretion 42 and expense of the property appraiser, and the property 43 appraiser may use printing technology and devices to complete 44 the form, the spacing, and the placement of the information in 45 the columns. A county officer may use a form other than that 46 provided by the department for purposes of this part, but only 47 if his or her office pays the related expenses and he or she 48 obtains prior written permission from the executive director of 49 the department; however, a county officer may not use a form the 50 substantive content of which is at variance with the form 51 prescribed by the department. The county officer may continue to 52 use such an approved form until the law that specifies the form 53 is amended or repealed or until the officer receives written 54 disapproval from the executive director. 55 (1) The notice shall read: 56 57 NOTICE OF PROPOSED PROPERTY TAXES 58 DO NOT PAY—THIS IS NOT A BILL 59 60 The taxing authorities which levy property taxes against 61 your property will soon hold PUBLIC HEARINGS to adopt budgets 62 and tax rates for the next year. 63 The purpose of these PUBLIC HEARINGS is to receive opinions 64 from the general public and to answer questions on the proposed 65 tax change and budget PRIOR TO TAKING FINAL ACTION. 66 Each taxing authority may AMEND OR ALTER its proposals at 67 the hearing. 68 69 (2) The notice shall further contain information applicable 70 to the specific parcel in question. The information shall be in 71 columnar form. There shall be five column headings which shall 72 read: “Taxing Authority,” “Your Property Taxes Last Year,” “Your 73 Taxes This Year IF PROPOSED Budget Change is Made,” “A Public 74 Hearing on the Proposed Taxes and Budget Will be Held:”, and 75 “Your Taxes This Year IF NO Budget Change is Made.” 76 (3) There shall be under each column heading an entry for 77 the county; the school district levy required pursuant to s. 78 1011.60(6); other operating school levies; the municipality or 79 municipal service taxing unit or units in which the parcel lies, 80 if any; the water management district levying pursuant to s. 81 373.503; the independent special districts in which the parcel 82 lies, if any; and for all voted levies for debt service 83 applicable to the parcel, if any. 84 (4) For each entry listed in subsection (3), there shall 85 appear on the notice the following: 86 (a) In the first column, a brief, commonly used name for 87 the taxing authority or its governing body. The entry in the 88 first column for the levy required pursuant to s. 1011.60(6) 89 shall be “By State Law.” The entry for other operating school 90 district levies shall be “By Local Board.” Both school levy 91 entries shall be indented and preceded by the notation “Public 92 Schools:”. For each voted levy for debt service, the entry shall 93 be “Voter Approved Debt Payments.” 94 (b) In the second column, the gross amount of ad valorem 95 taxes levied against the parcel in the previous year. If the 96 parcel did not exist in the previous year, the second column 97 shall be blank. 98 (c) In the third column, the gross amount of ad valorem 99 taxes proposed to be levied in the current year, which amount 100 shall be based on the proposed millage rates provided to the 101 property appraiser pursuant to s. 200.065(2)(b) or, in the case 102 of voted levies for debt service, the millage rate previously 103 authorized by referendum, and the taxable value of the parcel as 104 shown on the current year's assessment roll. 105 (d) In the fourth column, the date, the time, and a brief 106 description of the location of the public hearing required 107 pursuant to s. 200.065(2)(c). 108 (e) In the fifth column, the gross amount of ad valorem 109 taxes which would apply to the parcel in the current year if 110 each taxing authority were to levy the rolled-back rate computed 111 pursuant to s. 200.065(1) or, in the case of voted levies for 112 debt service, the amount previously authorized by referendum. 113 (f) For special assessments collected utilizing the ad 114 valorem method pursuant to s. 197.363, the previous year's 115 assessment amount shall be added to the ad valorem taxes shown 116 in the second and fifth columns, and the amount proposed to be 117 imposed for the current year shall be added to the ad valorem 118 taxes shown in the third column. 119 (5) The amounts shown on each line preceding each entry for 120 voted levies for debt service shall include the sum of all ad 121 valorem levies of the applicable unit of local government for 122 operating purposes, including those of dependent special 123 districts (except for municipal service taxing units, which 124 shall be listed on the line for municipalities), and all 125 nonvoted or nondebt service special assessments imposed by the 126 applicable unit of local government to be collected utilizing 127 the ad valorem method. 128 (6) Following the entries for each taxing authority, a 129 final entry shall show: in the first column, the words “Total 130 Property Taxes:” and in the second, third, and fifth columns, 131 the sum of the entries for each of the individual taxing 132 authorities. The second, third, and fifth columns shall, 133 immediately below said entries, be labeled Column 1, Column 2, 134 and Column 3, respectively. Below these labels shall appear, in 135 boldfaced type, the statement: SEE REVERSE SIDE FOR EXPLANATION. 136 (7) The notice shall further show a brief legal description 137 of the property and the name and mailing address of the owner of 138 record. 139 (8) The notice shall further read: 140 MarketValue AssessedValueExemp-tions TaxableValue 141 Your PropertyValue LastYear$...........$...........$...........$........... 142 Your PropertyValue ThisYear $........... $...........$...........$........... 143 144 145 If you feel that the market value of your property is 146 inaccurate or does not reflect fair market value, or if you are 147 entitled to an exemption that is not reflected above, contact 148 your county property appraiser at ...(phone number)... or 149 ...(location).... 150 If the property appraiser's office is unable to resolve the 151 matter as to market value or an exemption, you may file a 152 petition for adjustment with the Value Adjustment Board. 153 Petition forms are available from the county property appraiser 154 and must be filed ON OR BEFORE ...(date).... 155 156 (9) The reverse side of the form shall read: 157 158 EXPLANATION 159 160 *COLUMN 1—“YOUR PROPERTY TAXES LAST YEAR” 161 This column shows the taxes that applied last year to your 162 property. These amounts were based on budgets adopted last year 163 and your property's previous taxable value. 164 *COLUMN 2—“YOUR TAXES IF PROPOSED BUDGET CHANGE IS MADE” 165 This column shows what your taxes will be this year under the 166 BUDGET ACTUALLY PROPOSED by each local taxing authority. The 167 proposal is NOT final and may be amended at the public hearings 168 shown on the front side of this notice. 169 *COLUMN 3—“YOUR TAXES IF NO BUDGET CHANGE IS MADE” 170 This column shows what your taxes will be this year IF EACH 171 TAXING AUTHORITY DOES NOT INCREASE ITS PROPERTY TAX LEVY. These 172 amounts are based on last year's budgets and your current 173 assessment. The difference between columns 2 and 3 is the tax 174 change proposed by each local taxing authority and is NOT the 175 result of higher assessments. 176 ASSESSED VALUE means: 177 For homestead property: value as limited by the State 178 Constitution; 179 For agricultural and similarly assessed property: 180 classified use value; 181 For all other property: market value. 182 183 *Note: Amounts shown on this form do NOT reflect early payment 184 discounts you may have received or may be eligible to receive. 185 (Discounts are a maximum of 4 percent of the amounts shown on 186 this form.) 187 188 (10) The bottom portion of the notice shall further read in 189 bold, conspicuous print: 190 191 “Your final tax bill may contain non-ad valorem 192 assessments which may not be reflected on this notice 193 such as assessments for roads, fire, garbage, 194 lighting, drainage, water, sewer, or other 195 governmental services and facilities which may be 196 levied by your county, city, or any special district.” 197 198 (11)(a) If requested by the local governing board levying 199 non-ad valorem assessments and agreed to by the property 200 appraiser, the notice specified in this section may contain a 201 notice of proposed or adopted non-ad valorem assessments. If so 202 agreed, the notice shall be titled: 203 204 NOTICE OF PROPOSED PROPERTY TAXES 205 AND PROPOSED OR ADOPTED 206 NON-AD VALOREM ASSESSMENTS 207 DO NOT PAY—THIS IS NOT A BILL 208 209 There must be a clear partition between the notice of proposed 210 property taxes and the notice of proposed or adopted non-ad 211 valorem assessments. The partition must be a bold, horizontal 212 line approximately 1/8-inch thick. By rule, the department shall 213 provide a format for the form of the notice of proposed or 214 adopted non-ad valorem assessments which meets the following 215 minimum requirements: 216 1. There must be subheading for columns listing the levying 217 local governing board, with corresponding assessment rates 218 expressed in dollars and cents per unit of assessment, and the 219 associated assessment amount. 220 2. The purpose of each assessment must also be listed in 221 the column listing the levying local governing board if the 222 purpose is not clearly indicated by the name of the board. 223 3. Each non-ad valorem assessment for each levying local 224 governing board must be listed separately. 225 4. If a county has too many municipal service benefit units 226 or assessments to be listed separately, it shall combine them by 227 function. 228 5. A brief statement outlining the responsibility of the 229 tax collector and each levying local governing board as to any 230 non-ad valorem assessment must be provided on the form, 231 accompanied by directions as to which office to contact for 232 particular questions or problems. 233 (b) If the notice includes all adopted non-ad valorem 234 assessments, the provisions contained in subsection (10) shall 235 not be placed on the notice. 236 (12) The notice shall further contain a brief explanation 237 of changes in millage rates for required local effort property 238 taxes set by the Legislature. The notice for each county shall 239 be prepared by the Department of Revenue. 240 Section 3. This act shall take effect July 1, 2009.