1 | A bill to be entitled |
2 | An act relating to property taxation; amending s. |
3 | 193.1554, F.S.; specifying an additional type of transfer |
4 | under which no change of ownership of nonhomestead |
5 | residential property occurs; amending s. 193.1555, F.S.; |
6 | specifying an additional type of transfer under which no |
7 | change of ownership of nonresidential property occurs; |
8 | amending s. 193.1556, F.S.; providing that a recorded deed |
9 | or other instrument serves as notice of a change of |
10 | ownership; requiring the Department of Revenue to provide |
11 | a form by which a property owner may notify a property |
12 | appraiser of a change of ownership; specifying a form |
13 | requirement; amending s. 193.461, F.S.; specifying |
14 | application of a methodology for assessing certain |
15 | agricultural improvements, structures, or equipment |
16 | located on agricultural land and used for specified |
17 | purposes; amending s. 196.061, F.S.; revising criteria for |
18 | rental of a homestead as constituting abandonment of the |
19 | homestead; providing a definition; amending s. 196.1995, |
20 | F.S.; expanding the authority of the governing body of a |
21 | county or municipality to renew economic development ad |
22 | valorem tax exemptions for multiple 10-year periods upon |
23 | approval by referendum for each renewal; providing an |
24 | effective date. |
25 |
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26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
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28 | Section 1. Subsection (5) of section 193.1554, Florida |
29 | Statutes, to read: |
30 | 193.1554 Assessment of nonhomestead residential property.- |
31 | (5) Except as provided in this subsection, property |
32 | assessed under this section shall be assessed at just value as |
33 | of January 1 of the year following a change of ownership or |
34 | control. Thereafter, the annual changes in the assessed value of |
35 | the property are subject to the limitations in subsections (3) |
36 | and (4). For purpose of this section, a change of ownership or |
37 | control means any sale, foreclosure, transfer of legal title or |
38 | beneficial title in equity to any person, or the cumulative |
39 | transfer of control or of more than 50 percent of the ownership |
40 | of the legal entity that owned the property when it was most |
41 | recently assessed at just value, except as provided in this |
42 | subsection. There is no change of ownership if: |
43 | (a) The transfer of title is to correct an error; |
44 | (b) The transfer is between legal and equitable title; or |
45 | (c) The transfer is between husband and wife, including a |
46 | transfer to a surviving spouse or a transfer due to a |
47 | dissolution of marriage; or |
48 | (d) For a publicly traded company, the cumulative transfer |
49 | of more than 50 percent of the ownership of the entity occurs |
50 | through the buying and selling of shares of the company on a |
51 | public exchange. This exception does not include a transfer made |
52 | through a merger with or an acquisition by another company, |
53 | including, but not limited to, acquisition by acquiring |
54 | outstanding shares of the company. |
55 | Section 2. Subsection (5) of section 193.1555, Florida |
56 | Statutes, is amended to read: |
57 | 193.1555 Assessment of certain residential and |
58 | nonresidential real property.- |
59 | (5) Except as provided in this subsection, property |
60 | assessed under this section shall be assessed at just value as |
61 | of January 1 of the year following a qualifying improvement or |
62 | change of ownership or control. Thereafter, the annual changes |
63 | in the assessed value of the property are subject to the |
64 | limitations in subsections (3) and (4). For purpose of this |
65 | section: |
66 | (a) A qualifying improvement means any substantially |
67 | completed improvement that increases the just value of the |
68 | property by at least 25 percent. |
69 | (b) A change of ownership or control means any sale, |
70 | foreclosure, transfer of legal title or beneficial title in |
71 | equity to any person, or the cumulative transfer of control or |
72 | of more than 50 percent of the ownership of the legal entity |
73 | that owned the property when it was most recently assessed at |
74 | just value, except as provided in this subsection. There is no |
75 | change of ownership if: |
76 | 1. The transfer of title is to correct an error; or |
77 | 2. The transfer is between legal and equitable title; or |
78 | 3. For a publicly traded company, the cumulative transfer |
79 | of more than 50 percent of the ownership of the entity occurs |
80 | through the buying and selling of shares of the company on a |
81 | public exchange. This exception does not include a transfer made |
82 | through a merger with or an acquisition by another company, |
83 | including, but not limited to, acquisition by acquiring |
84 | outstanding shares of the company. |
85 | Section 3. Section 193.1556, Florida Statutes, is amended |
86 | to read: |
87 | 193.1556 Notice of change of ownership or control |
88 | required.- |
89 | (1) Any person or entity that owns property assessed under |
90 | s. 193.1554 or s. 193.1555 must notify the property appraiser |
91 | promptly of any change of ownership or control as defined in ss. |
92 | 193.1554(5) and 193.1555(5). If the change of ownership is |
93 | recorded by a deed or other instrument in the public records of |
94 | the county where the property is located, the recorded deed or |
95 | other instrument shall serve as notice to the property |
96 | appraiser. If any property owner fails to so notify the property |
97 | appraiser and the property appraiser determines that for any |
98 | year within the prior 10 years the owner's property was not |
99 | entitled to assessment under s. 193.1554 or s. 193.1555, the |
100 | owner of the property is subject to the taxes avoided as a |
101 | result of such failure plus 15 percent interest per annum and a |
102 | penalty of 50 percent of the taxes avoided. It is the duty of |
103 | the property appraiser making such determination to record in |
104 | the public records of the county a notice of tax lien against |
105 | any property owned by that person or entity in the county, and |
106 | such property must be identified in the notice of tax lien. Such |
107 | property is subject to the payment of all taxes and penalties. |
108 | Such lien when filed shall attach to any property, identified in |
109 | the notice of tax lien, owned by the person or entity that |
110 | illegally or improperly was assessed under s. 193.1554 or s. |
111 | 193.1555. If such person or entity no longer owns property in |
112 | that county, but owns property in some other county or counties |
113 | in the state, it shall be the duty of the property appraiser to |
114 | record a notice of tax lien in such other county or counties, |
115 | identifying the property owned by such person or entity in such |
116 | county or counties, and it becomes a lien against such property |
117 | in such county or counties. |
118 | (2) The Department of Revenue shall provide a form by |
119 | which a property owner may provide notice to all property |
120 | appraisers of a change in ownership or control. The form must |
121 | allow the property owner to list all property that he or she |
122 | owns or controls in this state for which a change of ownership |
123 | or control as defined in s. 193.1554(5) or s. 193.1555(5) has |
124 | occurred but has not been noticed previously to property |
125 | appraisers. Providing notice on such form constitutes compliance |
126 | with the notification requirements of this section. |
127 | Section 4. Paragraph (c) of subsection (6) of section |
128 | 193.461, Florida Statutes, is amended to read: |
129 | 193.461 Agricultural lands; classification and assessment; |
130 | mandated eradication or quarantine program.- |
131 | (6) |
132 | (c)1. For purposes of the income methodology approach to |
133 | assessment of property used for agricultural purposes, |
134 | irrigation systems, including pumps and motors, physically |
135 | attached to the land shall be considered a part of the average |
136 | yields per acre and shall have no separately assessable |
137 | contributory value. |
138 | 2. Litter containment structures located on producing |
139 | poultry farms and animal waste nutrient containment structures |
140 | located on producing dairy farms shall be assessed by the |
141 | methodology described in subparagraph 1. |
142 | 3. Structures or improvements used for horticulture |
143 | production that improve water quality or water conservation, as |
144 | designated in the Department of Agriculture and Consumer |
145 | Service's interim measures or best management practices adopted |
146 | pursuant to s. 570.085 or s. 403.067(7)(c), shall be assessed by |
147 | the methodology described in subparagraph 1. |
148 | Section 5. Section 196.061, Florida Statutes, is amended |
149 | to read: |
150 | 196.061 Rental of homestead to constitute abandonment.-The |
151 | rental of all or substantially all of a an entire dwelling |
152 | previously claimed to be a homestead for tax purposes shall |
153 | constitute the abandonment of the said dwelling as a homestead, |
154 | and such said abandonment shall continue until such dwelling is |
155 | physically occupied by the owner thereof. However, such |
156 | abandonment of such homestead after January 1 of any year shall |
157 | not affect the homestead exemption for tax purposes for that |
158 | particular year so long as this provision is not used for 2 |
159 | consecutive years. The provisions of this section shall not |
160 | apply to a member of the Armed Forces of the United States whose |
161 | service in such forces is the result of a mandatory obligation |
162 | imposed by the federal Selective Service Act or who volunteers |
163 | for service as a member of the Armed Forces of the United |
164 | States. As used in this section, the term "rental" means any |
165 | rental, lease, license, or other similar agreement by which the |
166 | owner is compensated for use of the dwelling by tenants or |
167 | guests. |
168 | Section 6. Subsection (7) of section 196.1995, Florida |
169 | Statutes, is amended to read: |
170 | 196.1995 Economic development ad valorem tax exemption.- |
171 | (7) The authority to grant exemptions under this section |
172 | expires will expire 10 years after the date such authority was |
173 | approved in an election, but such authority may be renewed for |
174 | subsequent another 10-year periods if each 10-year renewal is |
175 | approved period in a referendum called and held pursuant to this |
176 | section. |
177 | Section 7. This act shall take effect July 1, 2010. |