| 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 production structures or improvements used |
| 16 | for specified purposes; amending s. 196.061, F.S.; |
| 17 | revising criteria for rental of a homestead as |
| 18 | constituting abandonment of the homestead; providing a |
| 19 | definition; amending s. 196.1995, F.S.; expanding the |
| 20 | authority of the governing body of a county or |
| 21 | municipality to renew economic development ad valorem tax |
| 22 | exemptions for multiple 10-year periods upon approval by |
| 23 | referendum for each renewal; authorizing persons to report |
| 24 | to the property appraiser possible homestead exemption |
| 25 | violations under certain circumstances; requiring the |
| 26 | property appraiser to pay a specified reward to the |
| 27 | reporting individual after recovering back taxes or |
| 28 | penalties; providing a limitation; requiring funds for |
| 29 | such reward to be taken from a specified source; limiting |
| 30 | payment of a reward for each verified violation; requiring |
| 31 | that the Department of Revenue create a form for reporting |
| 32 | such violations and provide such form by specified means; |
| 33 | requiring that each submitted form contain certain |
| 34 | information; providing duties of the property appraiser; |
| 35 | creating s. 193.1553, F.S.; providing a definition; |
| 36 | requiring property appraisers to consider the existence of |
| 37 | a cancer cluster in determining the assessed value of |
| 38 | property; requiring the property appraiser to consider |
| 39 | certain information in making such determinations; |
| 40 | providing for future review and repeal; providing |
| 41 | effective dates. |
| 42 |
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| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
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| 45 | Section 1. Subsection (5) of section 193.1554, Florida |
| 46 | Statutes, is amended to read: |
| 47 | 193.1554 Assessment of nonhomestead residential property.- |
| 48 | (5) Except as provided in this subsection, property |
| 49 | assessed under this section shall be assessed at just value as |
| 50 | of January 1 of the year following a change of ownership or |
| 51 | control. Thereafter, the annual changes in the assessed value of |
| 52 | the property are subject to the limitations in subsections (3) |
| 53 | and (4). For purpose of this section, a change of ownership or |
| 54 | control means any sale, foreclosure, transfer of legal title or |
| 55 | beneficial title in equity to any person, or the cumulative |
| 56 | transfer of control or of more than 50 percent of the ownership |
| 57 | of the legal entity that owned the property when it was most |
| 58 | recently assessed at just value, except as provided in this |
| 59 | subsection. There is no change of ownership if: |
| 60 | (a) The transfer of title is to correct an error; |
| 61 | (b) The transfer is between legal and equitable title; or |
| 62 | (c) The transfer is between husband and wife, including a |
| 63 | transfer to a surviving spouse or a transfer due to a |
| 64 | dissolution of marriage; or |
| 65 | (d) For a publicly traded company, the cumulative transfer |
| 66 | of more than 50 percent of the ownership of the entity occurs |
| 67 | through the buying and selling of shares of the company on a |
| 68 | public exchange. This exception does not include a transfer made |
| 69 | through a merger with or an acquisition by another company, |
| 70 | including, but not limited to, acquisition by acquiring |
| 71 | outstanding shares of the company. |
| 72 | Section 2. Subsection (5) of section 193.1555, Florida |
| 73 | Statutes, is amended to read: |
| 74 | 193.1555 Assessment of certain residential and |
| 75 | nonresidential real property.- |
| 76 | (5) Except as provided in this subsection, property |
| 77 | assessed under this section shall be assessed at just value as |
| 78 | of January 1 of the year following a qualifying improvement or |
| 79 | change of ownership or control. Thereafter, the annual changes |
| 80 | in the assessed value of the property are subject to the |
| 81 | limitations in subsections (3) and (4). For purpose of this |
| 82 | section: |
| 83 | (a) A qualifying improvement means any substantially |
| 84 | completed improvement that increases the just value of the |
| 85 | property by at least 25 percent. |
| 86 | (b) A change of ownership or control means any sale, |
| 87 | foreclosure, transfer of legal title or beneficial title in |
| 88 | equity to any person, or the cumulative transfer of control or |
| 89 | of more than 50 percent of the ownership of the legal entity |
| 90 | that owned the property when it was most recently assessed at |
| 91 | just value, except as provided in this subsection. There is no |
| 92 | change of ownership if: |
| 93 | 1. The transfer of title is to correct an error; or |
| 94 | 2. The transfer is between legal and equitable title; or |
| 95 | 3. For a publicly traded company, the cumulative transfer |
| 96 | of more than 50 percent of the ownership of the entity occurs |
| 97 | through the buying and selling of shares of the company on a |
| 98 | public exchange. This exception does not include a transfer made |
| 99 | through a merger with or an acquisition by another company, |
| 100 | including, but not limited to, acquisition by acquiring |
| 101 | outstanding shares of the company. |
| 102 | Section 3. Section 193.1556, Florida Statutes, is amended |
| 103 | to read: |
| 104 | 193.1556 Notice of change of ownership or control |
| 105 | required.- |
| 106 | (1) Any person or entity that owns property assessed under |
| 107 | s. 193.1554 or s. 193.1555 must notify the property appraiser |
| 108 | promptly of any change of ownership or control as defined in ss. |
| 109 | 193.1554(5) and 193.1555(5). If the change of ownership is |
| 110 | recorded by a deed or other instrument in the public records of |
| 111 | the county where the property is located, the recorded deed or |
| 112 | other instrument shall serve as notice to the property |
| 113 | appraiser. If any property owner fails to so notify the property |
| 114 | appraiser and the property appraiser determines that for any |
| 115 | year within the prior 10 years the owner's property was not |
| 116 | entitled to assessment under s. 193.1554 or s. 193.1555, the |
| 117 | owner of the property is subject to the taxes avoided as a |
| 118 | result of such failure plus 15 percent interest per annum and a |
| 119 | penalty of 50 percent of the taxes avoided. It is the duty of |
| 120 | the property appraiser making such determination to record in |
| 121 | the public records of the county a notice of tax lien against |
| 122 | any property owned by that person or entity in the county, and |
| 123 | such property must be identified in the notice of tax lien. Such |
| 124 | property is subject to the payment of all taxes and penalties. |
| 125 | Such lien when filed shall attach to any property, identified in |
| 126 | the notice of tax lien, owned by the person or entity that |
| 127 | illegally or improperly was assessed under s. 193.1554 or s. |
| 128 | 193.1555. If such person or entity no longer owns property in |
| 129 | that county, but owns property in some other county or counties |
| 130 | in the state, it shall be the duty of the property appraiser to |
| 131 | record a notice of tax lien in such other county or counties, |
| 132 | identifying the property owned by such person or entity in such |
| 133 | county or counties, and it becomes a lien against such property |
| 134 | in such county or counties. |
| 135 | (2) The Department of Revenue shall provide a form by |
| 136 | which a property owner may provide notice to all property |
| 137 | appraisers of a change in ownership or control. The form must |
| 138 | allow the property owner to list all property that he or she |
| 139 | owns or controls in this state for which a change of ownership |
| 140 | or control as defined in s. 193.1554(5) or s. 193.1555(5) has |
| 141 | occurred but has not been noticed previously to property |
| 142 | appraisers. Providing notice on such form constitutes compliance |
| 143 | with the notification requirements of this section. |
| 144 | Section 4. Paragraph (c) of subsection (6) of section |
| 145 | 193.461, Florida Statutes, is amended to read: |
| 146 | 193.461 Agricultural lands; classification and assessment; |
| 147 | mandated eradication or quarantine program.- |
| 148 | (6) |
| 149 | (c)1. For purposes of the income methodology approach to |
| 150 | assessment of property used for agricultural purposes, |
| 151 | irrigation systems, including pumps and motors, physically |
| 152 | attached to the land shall be considered a part of the average |
| 153 | yields per acre and shall have no separately assessable |
| 154 | contributory value. |
| 155 | 2. Litter containment structures located on producing |
| 156 | poultry farms and animal waste nutrient containment structures |
| 157 | located on producing dairy farms shall be assessed by the |
| 158 | methodology described in subparagraph 1. |
| 159 | 3. Structures or improvements used for horticulture |
| 160 | production that are used for the purpose of frost and freeze |
| 161 | protection consistent with the Department of Agriculture and |
| 162 | Consumer Services' interim measures or best management practices |
| 163 | adopted pursuant to s. 570.085 or s. 403.067(7)(c), shall be |
| 164 | assessed by the methodology described in subparagraph 1. |
| 165 | Section 5. Section 196.061, Florida Statutes, is amended |
| 166 | to read: |
| 167 | 196.061 Rental of homestead to constitute abandonment.-The |
| 168 | rental of all or substantially all of a an entire dwelling |
| 169 | previously claimed to be a homestead for tax purposes shall |
| 170 | constitute the abandonment of the said dwelling as a homestead, |
| 171 | and such said abandonment shall continue until such dwelling is |
| 172 | physically occupied by the owner thereof. However, such |
| 173 | abandonment of such homestead after January 1 of any year shall |
| 174 | not affect the homestead exemption for tax purposes for that |
| 175 | particular year so long as this provision is not used for 2 |
| 176 | consecutive years. The provisions of this section shall not |
| 177 | apply to a member of the Armed Forces of the United States whose |
| 178 | service in such forces is the result of a mandatory obligation |
| 179 | imposed by the federal Selective Service Act or who volunteers |
| 180 | for service as a member of the Armed Forces of the United |
| 181 | States. As used in this section, the term "rental" means any |
| 182 | rental, lease, license, or other similar agreement by which the |
| 183 | owner is compensated for use of the dwelling by tenants or |
| 184 | guests. |
| 185 | Section 6. Subsection (7) of section 196.1995, Florida |
| 186 | Statutes, is amended to read: |
| 187 | 196.1995 Economic development ad valorem tax exemption.- |
| 188 | (7) The authority to grant exemptions under this section |
| 189 | expires will expire 10 years after the date such authority was |
| 190 | approved in an election, but such authority may be renewed for |
| 191 | subsequent another 10-year periods if each 10-year renewal is |
| 192 | approved period in a referendum called and held pursuant to this |
| 193 | section. |
| 194 | Section 7. Whistleblower reward for reporting illegal or |
| 195 | improper homestead exemptions.- |
| 196 | (1) A person may report to the property appraiser's office |
| 197 | a possible homestead exemption violation if he or she believes a |
| 198 | homestead exemption, as described in s. 196.031, Florida |
| 199 | Statutes, has been granted to a person who is not entitled to |
| 200 | such exemption. If the property appraiser verifies that a |
| 201 | homestead exemption was illegally or improperly obtained, the |
| 202 | tax collector, after collecting any back taxes and resulting |
| 203 | penalties, shall pay the person who reported the violation a |
| 204 | reward of 25 percent of the penalties collected, not to exceed |
| 205 | $500. Such reward shall be paid from the penalties recovered by |
| 206 | the tax collector in connection with the reported violation. |
| 207 | (2) A tax collector may pay a reward to only one person |
| 208 | for reporting each verified homestead exemption violation. If |
| 209 | more than one person reports a violation pertaining to the same |
| 210 | property, the person who first reported the violation via the |
| 211 | appropriate reporting method shall receive the reward. |
| 212 | (3) The Department of Revenue shall create a form for |
| 213 | reporting suspected homestead exemption violations. The form |
| 214 | shall be available on the department's website, and each |
| 215 | property appraiser shall provide printed forms upon request. |
| 216 | Each submitted form must include the name and address of the |
| 217 | person reporting the suspected violation, the address of the |
| 218 | property the owner of which is suspected of illegally or |
| 219 | improperly receiving a homestead exemption, and the basis for |
| 220 | suspecting that a homestead exemption violation has occurred. |
| 221 | The property appraiser shall stamp each submitted form with the |
| 222 | date and time of the day of the submittal immediately upon |
| 223 | receipt. |
| 224 | Section 8. Effective upon this act becoming a law, section |
| 225 | 193.1553, Florida Statutes, is created to read: |
| 226 | 193.1553 Assessment of properties located in an area where |
| 227 | a cancer cluster is present.- |
| 228 | (1) As used in this section, the term "cancer cluster" |
| 229 | means a higher than expected number of cases of a particular |
| 230 | type of cancer occurring in a local community over a defined |
| 231 | period of time. |
| 232 | (2) When the existence of a cancer cluster has been |
| 233 | confirmed by the Department of Health or the Centers for Disease |
| 234 | Control and Prevention of the United Stated Department of Health |
| 235 | and Human Services, the property appraiser shall take into |
| 236 | consideration the presence of the cancer cluster when |
| 237 | determining the assessed value of property located within the |
| 238 | area where the cancer cluster exists. The property appraiser |
| 239 | shall consider the latest available information regarding the |
| 240 | effect of the cancer cluster on assessed values, including sales |
| 241 | occurring after January 1, prior to determining the assessed |
| 242 | value of the affected properties. |
| 243 | (3) This section expires July 1, 2017, unless reviewed and |
| 244 | reenacted by the Legislature on or before that date. |
| 245 | Section 9. Except as otherwise expressly provided in this |
| 246 | act and except for this section which shall take effect upon |
| 247 | this act becoming a law, this act shall take effect July 1, |
| 248 | 2010. |