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.