Florida Senate - 2009                       CS for CS for SB 752
       
       
       
       By the Committees on General Government Appropriations; and
       Finance and Tax; and Senators Richter and Fasano
       
       
       
       601-05624-09                                           2009752c2
    1                        A bill to be entitled                      
    2         An act relating to notices of proposed property taxes;
    3         amending s. 200.069, F.S.; revising the form of the
    4         notice of proposed property taxes to include
    5         additional information relating to past and proposed
    6         millage rates and ad valorem taxes and assessment
    7         reductions and exemptions; defining a term; amending
    8         ss. 192.0105 and 200.065, F.S.; conforming cross
    9         references; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1.  Section 200.069, Florida Statutes, is amended
   14  to read:
   15         200.069 Notice of proposed property taxes and non-ad
   16  valorem assessments.—Pursuant to s. 200.065(2)(b), the property
   17  appraiser, in the name of the taxing authorities and local
   18  governing boards levying non-ad valorem assessments within his
   19  or her jurisdiction and at the expense of the county, shall
   20  prepare and deliver by first-class mail to each taxpayer to be
   21  listed on the current year’s assessment roll a notice of
   22  proposed property taxes, which notice shall contain the elements
   23  and use the format provided in the following form.
   24  Notwithstanding the provisions of s. 195.022, no county officer
   25  shall use a form other than that provided herein. The Department
   26  of Revenue may adjust the spacing and placement on the form of
   27  the elements listed in this section as it considers necessary
   28  based on changes in conditions necessitated by various taxing
   29  authorities. If the elements are in the order listed, the
   30  placement of the listed columns may be varied at the discretion
   31  and expense of the property appraiser, and the property
   32  appraiser may use printing technology and devices to complete
   33  the form, the spacing, and the placement of the information in
   34  the columns. A county officer may use a form other than that
   35  provided by the department for purposes of this part, but only
   36  if his or her office pays the related expenses and he or she
   37  obtains prior written permission from the executive director of
   38  the department; however, a county officer may not use a form the
   39  substantive content of which is at variance with the form
   40  prescribed by the department. The county officer may continue to
   41  use such an approved form until the law that specifies the form
   42  is amended or repealed or until the officer receives written
   43  disapproval from the executive director.
   44         (1) The first page of the notice shall read:
   45                  NOTICE OF PROPOSED PROPERTY TAXES                
   46                    DO NOT PAY—THIS IS NOT A BILL                  
   47  
   48         The taxing authorities which levy property taxes against
   49  your property will soon hold PUBLIC HEARINGS to adopt budgets
   50  and tax rates for the next year.
   51         The purpose of these PUBLIC HEARINGS is to receive opinions
   52  from the general public and to answer questions on the proposed
   53  tax change and budget PRIOR TO TAKING FINAL ACTION.
   54         Each taxing authority may AMEND OR ALTER its proposals at
   55  the hearing.
   56         (2)(a) The notice shall include the legal description of
   57  the property, the name and mailing address of the owner of
   58  record, and the tax further contain information applicable to
   59  the specific parcel in question. The information shall be in
   60  columnar form. There shall be seven five column headings which
   61  shall read: “Taxing Authority,” “Your Property Taxes Last Year,”
   62  “Last Year’s Adjusted Tax Rate (Millage),” “Your Taxes This Year
   63  IF NO Budget Change Is Adopted,” “Tax Rate This Year IF PROPOSED
   64  Budget Is Adopted (Millage),” “Your Taxes This Year IF PROPOSED
   65  Budget Is Adopted,” “Your Taxes This Year IF PROPOSED Budget
   66  Change Is Adopted Made,” “A Public Hearing on the Proposed Taxes
   67  and Budget Will Be Held:”, and “Your Taxes This Year IF NO
   68  Budget Change is Made.”
   69         (b)As used in this section, the term “last year’s adjusted
   70  tax rate” means the rolled-back rate calculated pursuant to s.
   71  200.065(1).
   72         (3) There shall be under each column heading an entry for
   73  the county; the school district levy required pursuant to s.
   74  1011.60(6); other operating school levies; the municipality or
   75  municipal service taxing unit or units in which the parcel lies,
   76  if any; the water management district levying pursuant to s.
   77  373.503; the independent special districts in which the parcel
   78  lies, if any; and for all voted levies for debt service
   79  applicable to the parcel, if any.
   80         (4) For each entry listed in subsection (3), there shall
   81  appear on the notice the following:
   82         (a) In the first column, a brief, commonly used name for
   83  the taxing authority or its governing body. The entry in the
   84  first column for the levy required pursuant to s. 1011.60(6)
   85  shall be “By State Law.” The entry for other operating school
   86  district levies shall be “By Local Board.” Both school levy
   87  entries shall be indented and preceded by the notation “Public
   88  Schools:”. For each voted levy for debt service, the entry shall
   89  be “Voter Approved Debt Payments.”
   90         (b) In the second column, the gross amount of ad valorem
   91  taxes levied against the parcel in the previous year. If the
   92  parcel did not exist in the previous year, the second column
   93  shall be blank.
   94         (c) In the third column, last year’s adjusted tax rate the
   95  gross amount of ad valorem taxes proposed to be levied in the
   96  current year, which amount shall be based on the proposed
   97  millage rates provided to the property appraiser pursuant to s.
   98  200.065(2)(b) or, in the case of voted levies for debt service,
   99  the tax millage rate previously authorized by referendum, and
  100  the taxable value of the parcel as shown on the current year’s
  101  assessment roll.
  102         (d) In the fourth column, the gross amount of ad valorem
  103  taxes which will apply to the parcel in the current year if each
  104  taxing authority levies last year’s adjusted tax rate or, in the
  105  case of voted levies for debt service, the amount previously
  106  authorized by referendum date, the time, and a brief description
  107  of the location of the public hearing required pursuant to s.
  108  200.065(2)(c).
  109         (e) In the fifth column, the tax rate that each taxing
  110  authority must levy against the parcel to fund the proposed
  111  budget gross amount of ad valorem taxes which would apply to the
  112  parcel in the current year if each taxing authority were to levy
  113  the rolled-back rate computed pursuant to s. 200.065(1) or, in
  114  the case of voted levies for debt service, the tax rate amount
  115  previously authorized by referendum.
  116         (f) In the sixth column, the gross amount of ad valorem
  117  taxes that must levied in the current year if the proposed
  118  budget is adopted.
  119         (g)In the seventh column, the date, the time, and a brief
  120  description of the location of the public hearing required
  121  pursuant to s. 200.065(2)(c). For special assessments collected
  122  utilizing the ad valorem method pursuant to s. 197.363, the
  123  previous year’s assessment amount shall be added to the ad
  124  valorem taxes shown in the second and fifth columns, and the
  125  amount proposed to be imposed for the current year shall be
  126  added to the ad valorem taxes shown in the third column.
  127         (5)The amounts shown on each line preceding each entry for
  128  voted levies for debt service shall include the sum of all ad
  129  valorem levies of the applicable unit of local government for
  130  operating purposes, including those of dependent special
  131  districts (except for municipal service taxing units, which
  132  shall be listed on the line for municipalities), and all
  133  nonvoted or nondebt service special assessments imposed by the
  134  applicable unit of local government to be collected utilizing
  135  the ad valorem method.
  136         (5)(6) Following the entries for each taxing authority, a
  137  final entry shall show: in the first column, the words “Total
  138  Property Taxes:” and in the second, fourth third, and sixth
  139  fifth columns, the sum of the entries for each of the individual
  140  taxing authorities. The second, fourth third, and sixth fifth
  141  columns shall, immediately below said entries, be labeled Column
  142  1, Column 2, and Column 3, respectively. Below these labels
  143  shall appear, in boldfaced type, the statement: SEE REVERSE SIDE
  144  FOR EXPLANATION.
  145         (6)(7)(a)The second page of the notice shall state the
  146  parcel’s market value and for each taxing authority that levies
  147  an ad valorem tax against the parcel:
  148         1.The assessed value, value of exemptions, and taxable
  149  value for the previous year and the current year.
  150         2.Each assessment reduction and exemption applicable to
  151  the property, including the value of the assessment reduction or
  152  exemption and tax levies to which they apply.
  153         (b)The reverse side of the second page shall contain
  154  definitions and explanations for the values included on the
  155  front side. The notice shall further show a brief legal
  156  description of the property and the name and mailing address of
  157  the owner of record.
  158         (8)The notice shall further read:
  159              MarketValue   AssessedValue   Exemp-tions   TaxableValue  
  160  Your PropertyValue LastYear $............  $............  $............  $............ 
  161  Your PropertyValue ThisYear $............  $............  $............  $............ 
  162         (7)The following statement shall appear after the values
  163  listed on the front of the second page:
  164         If you feel that the market value of your property is
  165  inaccurate or does not reflect fair market value, or if you are
  166  entitled to an exemption or classification that is not reflected
  167  above, contact your county property appraiser at ...(phone
  168  number)... or ...(location)....
  169         If the property appraiser’s office is unable to resolve the
  170  matter as to market value, classification, or an exemption, you
  171  may file a petition for adjustment with the Value Adjustment
  172  Board. Petition forms are available from the county property
  173  appraiser and must be filed ON OR BEFORE ...(date)....
  174         (8)(9) The reverse side of the first page of the form shall
  175  read:
  176                             EXPLANATION                           
  177  
  178  *COLUMN 1—“YOUR PROPERTY TAXES LAST YEAR”
  179  This column shows the taxes that applied last year to your
  180  property. These amounts were based on budgets adopted last year
  181  and your property’s previous taxable value.
  182  *COLUMN 2—“YOUR TAXES IF NO BUDGET CHANGE IS ADOPTED
  183  This column shows what your taxes will be this year IF EACH
  184  TAXING AUTHORITY DOES NOT CHANGE ITS PROPERTY TAX LEVY. These
  185  amounts are based on last year’s budgets and your current
  186  assessment PROPOSED BUDGET CHANGE IS MADE”
  187  This column shows what your taxes will be this year under the
  188  BUDGET ACTUALLY PROPOSED by each local taxing authority. The
  189  proposal is NOT final and may be amended at the public hearings
  190  shown on the front side of this notice.
  191  *COLUMN 3—“YOUR TAXES IF PROPOSED BUDGET CHANGE IS ADOPTED
  192  This column shows what your taxes will be this year under the
  193  BUDGET ACTUALLY PROPOSED by each local taxing authority. The
  194  proposal is NOT final and may be amended at the public hearings
  195  shown on the front side of this notice NO BUDGET CHANGE IS MADE”
  196  This column shows what your taxes will be this year IF EACH
  197  TAXING AUTHORITY DOES NOT INCREASE ITS PROPERTY TAX LEVY. These
  198  amounts are based on last year’s budgets and your current
  199  assessment. The difference between columns 2 and 3 is the tax
  200  change proposed by each local taxing authority and is NOT the
  201  result of higher assessments.
  202         ASSESSED VALUE means:
  203         For homestead property: value as limited by the State
  204  Constitution;
  205         For agricultural and similarly assessed property:
  206  classified use value;
  207         For all other property: market value.
  208  *Note: Amounts shown on this form do NOT reflect early payment
  209  discounts you may have received or may be eligible to receive.
  210  (Discounts are a maximum of 4 percent of the amounts shown on
  211  this form.)
  212         (9)(10) The bottom portion of the notice shall further read
  213  in bold, conspicuous print:
  214  
  215         “Your final tax bill may contain non-ad valorem
  216         assessments which may not be reflected on this notice
  217         such as assessments for roads, fire, garbage,
  218         lighting, drainage, water, sewer, or other
  219         governmental services and facilities which may be
  220         levied by your county, city, or any special district.”
  221         (10)(11)(a) If requested by the local governing board
  222  levying non-ad valorem assessments and agreed to by the property
  223  appraiser, the notice specified in this section may contain a
  224  notice of proposed or adopted non-ad valorem assessments. If so
  225  agreed, the notice shall be titled:
  226                  NOTICE OF PROPOSED PROPERTY TAXES                
  227                       AND PROPOSED OR ADOPTED                     
  228                     NON-AD VALOREM ASSESSMENTS                    
  229                    DO NOT PAY—THIS IS NOT A BILL                  
  230  
  231  There must be a clear partition between the notice of proposed
  232  property taxes and the notice of proposed or adopted non-ad
  233  valorem assessments. The partition must be a bold, horizontal
  234  line approximately 1/8-inch thick. By rule, the department shall
  235  provide a format for the form of the notice of proposed or
  236  adopted non-ad valorem assessments which meets the following
  237  minimum requirements:
  238         1. There must be subheading for columns listing the levying
  239  local governing board, with corresponding assessment rates
  240  expressed in dollars and cents per unit of assessment, and the
  241  associated assessment amount.
  242         2. The purpose of each assessment must also be listed in
  243  the column listing the levying local governing board if the
  244  purpose is not clearly indicated by the name of the board.
  245         3. Each non-ad valorem assessment for each levying local
  246  governing board must be listed separately.
  247         4. If a county has too many municipal service benefit units
  248  or assessments to be listed separately, it shall combine them by
  249  function.
  250         5. A brief statement outlining the responsibility of the
  251  tax collector and each levying local governing board as to any
  252  non-ad valorem assessment must be provided on the form,
  253  accompanied by directions as to which office to contact for
  254  particular questions or problems.
  255         (b) If the notice includes all adopted non-ad valorem
  256  assessments, the provisions contained in subsection (10) shall
  257  not be placed on the notice.
  258         Section 2.  Paragraph (c) of subsection (1) of section
  259  192.0105, Florida Statutes, is amended to read:
  260         192.0105 Taxpayer rights.—There is created a Florida
  261  Taxpayer’s Bill of Rights for property taxes and assessments to
  262  guarantee that the rights, privacy, and property of the
  263  taxpayers of this state are adequately safeguarded and protected
  264  during tax levy, assessment, collection, and enforcement
  265  processes administered under the revenue laws of this state. The
  266  Taxpayer’s Bill of Rights compiles, in one document, brief but
  267  comprehensive statements that summarize the rights and
  268  obligations of the property appraisers, tax collectors, clerks
  269  of the court, local governing boards, the Department of Revenue,
  270  and taxpayers. Additional rights afforded to payors of taxes and
  271  assessments imposed under the revenue laws of this state are
  272  provided in s. 213.015. The rights afforded taxpayers to assure
  273  that their privacy and property are safeguarded and protected
  274  during tax levy, assessment, and collection are available only
  275  insofar as they are implemented in other parts of the Florida
  276  Statutes or rules of the Department of Revenue. The rights so
  277  guaranteed to state taxpayers in the Florida Statutes and the
  278  departmental rules include:
  279         (1) THE RIGHT TO KNOW.—
  280         (c) The right to advertised notice of the amount by which
  281  the tentatively adopted millage rate results in taxes that
  282  exceed the previous year’s taxes (see s. 200.065(2)(d) and (3)).
  283  The right to notification by first-class mail of a comparison of
  284  the amount of the taxes to be levied from the proposed millage
  285  rate under the tentative budget change, compared to the previous
  286  year’s taxes, and also compared to the taxes that would be
  287  levied if no budget change is made (see ss. 200.065(2)(b) and
  288  200.069(2), (3), (4), and (8) ss. 200.065(2)(b) and 200.069(2),
  289  (3), (4), and (9)).
  290         Section 3.  Subsection (11) of section 200.065, Florida
  291  Statutes, is amended to read:
  292         200.065 Method of fixing millage.—
  293         (11) Notwithstanding the provisions of paragraph (2)(b) and
  294  s. 200.069(4)(f) s. 200.069(4)(c) to the contrary, the proposed
  295  millage rates provided to the property appraiser by the taxing
  296  authority, except for millage rates adopted by referendum, for
  297  rates authorized by s. 1011.71, and for rates required by law to
  298  be in a specified millage amount, shall be adjusted in the event
  299  that a review notice is issued pursuant to s. 193.1142(4) and
  300  the taxable value on the approved roll is at variance with the
  301  taxable value certified pursuant to subsection (1). The
  302  adjustment shall be made by the property appraiser, who shall
  303  notify the taxing authorities affected by the adjustment within
  304  5 days of the date the roll is approved pursuant to s.
  305  193.1142(4). The adjustment shall be such as to provide for no
  306  change in the dollar amount of taxes levied from that initially
  307  proposed by the taxing authority.
  308         Section 4. This act shall take effect January 1, 2010.