HB 1163

1
A bill to be entitled
2An act relating to ad valorem taxation; amending s.
3193.1554, F.S.; reducing the amount that any change in the
4value of nonhomestead residential property resulting from
5an annual reassessment may exceed the assessed value of
6the property for the prior year; amending s. 193.1555,
7F.S.; reducing the amount that any change in the value of
8certain residential and nonresidential real property
9resulting from an annual reassessment may exceed the
10assessed value of the property for the prior year;
11creating s. 196.078, F.S.; providing a definition;
12providing a first-time Florida homesteader with an
13additional homestead exemption; providing for calculation
14of the exemption; providing for the applicability period
15of the exemption; providing for an annual reduction in the
16exemption during the applicability period; providing
17application procedures; providing for applicability of
18specified provisions; providing for contingent effect of
19provisions and varying dates of application depending on
20the adoption and adoption date of specified joint
21resolutions; authorizing the Department of Revenue to
22adopt emergency rules; providing for application and
23renewal of emergency rules; providing for retroactive
24application; providing effective dates.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  If House Joint Resolution 381 or Senate Joint
29Resolution 658, 2011 Regular Session, is approved by a vote of
30the electors in the general election held in November 2012,
31subsection (3) of section 193.1554, Florida Statutes, is amended
32to read:
33     193.1554  Assessment of nonhomestead residential property.-
34     (3)  Beginning in 2013 2009, or the year following the year
35the property is placed on the tax roll, whichever is later, the
36property shall be reassessed annually on January 1. Any change
37resulting from such reassessment may not exceed 3 10 percent of
38the assessed value of the property for the prior year.
39     Section 2.  If House Joint Resolution 381 or Senate Joint
40Resolution 658, 2011 Regular Session, is approved by a vote of
41the electors in a special election held concurrent with the
42presidential preference primary in 2012, subsection (3) of
43section 193.1554, Florida Statutes, is amended to read:
44     193.1554  Assessment of nonhomestead residential property.-
45     (3)  Beginning in 2012 2009, or the year following the year
46the property is placed on the tax roll, whichever is later, the
47property shall be reassessed annually on January 1. Any change
48resulting from such reassessment may not exceed 3 10 percent of
49the assessed value of the property for the prior year.
50     Section 3.  If House Joint Resolution 381 or Senate Joint
51Resolution 658, 2011 Regular Session, is approved by a vote of
52the electors in the general election held in November 2012,
53subsection (3) of section 193.1555, Florida Statutes, is amended
54to read:
55     193.1555  Assessment of certain residential and
56nonresidential real property.-
57     (3)  Beginning in 2013 2009, or the year following the year
58the property is placed on the tax roll, whichever is later, the
59property shall be reassessed annually on January 1. Any change
60resulting from such reassessment may not exceed 3 10 percent of
61the assessed value of the property for the prior year.
62     Section 4.  If House Joint Resolution 381 or Senate Joint
63Resolution 658, 2011 Regular Session, is approved by a vote of
64the electors in a special election held concurrent with the
65presidential preference primary in 2012, subsection (3) of
66section 193.1555, Florida Statutes, is amended to read:
67     193.1555  Assessment of certain residential and
68nonresidential real property.-
69     (3)  Beginning in 2012 2009, or the year following the year
70the property is placed on the tax roll, whichever is later, the
71property shall be reassessed annually on January 1. Any change
72resulting from such reassessment may not exceed 3 10 percent of
73the assessed value of the property for the prior year.
74     Section 5.  If House Joint Resolution 381 or Senate Joint
75Resolution 658, 2011 Regular Session, is approved by a vote of
76the electors in the general election held in November 2012,
77section 196.078, Florida Statutes, is created to read:
78     196.078  Additional homestead exemption for a first-time
79Florida homesteader.-
80     (1)  As used in this section, the term "first-time Florida
81homesteader" means a person who establishes the right to receive
82the homestead exemption provided in s. 196.031 within 1 year
83after purchasing the homestead property and who has not owned
84property in the previous 3 years to which the homestead
85exemption provided in s. 196.031(1)(a) applied.
86     (2)  Every first-time Florida homesteader is entitled to an
87additional homestead exemption in an amount equal to 50 percent
88of the homestead property's just value on January 1 of the year
89the homestead is established for all levies other than school
90district levies. The additional exemption shall apply for a
91period of 5 years or until the year the property is sold,
92whichever occurs first. The amount of the additional exemption
93shall not exceed $200,000 and shall be reduced in each
94subsequent year by an amount equal to 20 percent of the amount
95of the additional exemption received in the year the homestead
96was established or by an amount equal to the difference between
97the just value of the property and the assessed value of the
98property determined under s. 193.155, whichever is greater. Not
99more than one exemption provided under this subsection shall be
100allowed per homestead property. The additional exemption shall
101apply to property purchased on or after January 1, 2012, but
102shall not be available in the sixth and subsequent years after
103the additional exemption is first received.
104     (3)  The property appraiser shall require a first-time
105Florida homesteader claiming an exemption under this section to
106submit, not later than March 1 on a form prescribed by the
107Department of Revenue, a sworn statement attesting that the
108taxpayer, and each other person who holds legal or equitable
109title to the property, has not owned property in the prior 3
110years that received the homestead exemption provided by s.
111196.031. In order for the exemption to be retained upon the
112addition of another person to the title to the property, the
113person added must also submit, not later than the subsequent
114March 1 on a form prescribed by the department, a sworn
115statement attesting that he or she has not owned property in the
116prior 3 years that received the homestead exemption provided by
117s. 196.031.
118     (4)  Sections 196.131 and 196.161 apply to the exemption
119provided in this section.
120     Section 6.  If House Joint Resolution 381 or Senate Joint
121Resolution 658, 2011 Regular Session, is approved by a vote of
122the electors in a special election held concurrent with the
123presidential preference primary in 2012, section 196.078,
124Florida Statutes, is created to read:
125     196.078  Additional homestead exemption for a first-time
126Florida homesteader.-
127     (1)  As used in this section, the term "first-time Florida
128homesteader" means a person who establishes the right to receive
129the homestead exemption provided in s. 196.031 within 1 year
130after purchasing the homestead property and who has not owned
131property in the previous 3 years to which the homestead
132exemption provided in s. 196.031(1)(a) applied.
133     (2)  Every first-time Florida homesteader is entitled to an
134additional homestead exemption in an amount equal to 50 percent
135of the homestead property's just value on January 1 of the year
136the homestead is established for all levies other than school
137district levies. The additional exemption shall apply for a
138period of 5 years or until the year the property is sold,
139whichever occurs first. The amount of the additional exemption
140shall not exceed $200,000 and shall be reduced in each
141subsequent year by an amount equal to 20 percent of the amount
142of the additional exemption received in the year the homestead
143was established or by an amount equal to the difference between
144the just value of the property and the assessed value of the
145property determined under s. 193.155, whichever is greater. Not
146more than one exemption provided under this subsection shall be
147allowed per homestead property. The additional exemption shall
148apply to property purchased on or after January 1, 2011, but
149shall not be available in the sixth and subsequent years after
150the additional exemption is first received.
151     (3)  The property appraiser shall require a first-time
152Florida homesteader claiming an exemption under this section to
153submit, not later than March 1 on a form prescribed by the
154Department of Revenue, a sworn statement attesting that the
155taxpayer, and each other person who holds legal or equitable
156title to the property, has not owned property in the prior 3
157years that received the homestead exemption provided by s.
158196.031. In order for the exemption to be retained upon the
159addition of another person to the title to the property, the
160person added must also submit, not later than the subsequent
161March 1 on a form prescribed by the department, a sworn
162statement attesting that he or she has not owned property in the
163prior 3 years that received the homestead exemption provided by
164s. 196.031.
165     (4)  Sections 196.131 and 196.161 apply to the exemption
166provided in this section.
167     Section 7.  (1)  In anticipation of implementing this act,
168the executive director of the Department of Revenue is
169authorized, and all conditions are deemed met, to adopt
170emergency rules under ss. 120.536(1) and 120.54(4), Florida
171Statutes, to make necessary changes and preparations so that
172forms, methods, and data records, electronic or otherwise, are
173ready and in place if sections 2, 4, and 6 or sections 1, 3, and
1745 of this act become law.
175     (2)  Notwithstanding any other provision of law, such
176emergency rules shall remain in effect for 18 months after the
177date of adoption and may be renewed during the pendency of
178procedures to adopt rules addressing the subject of the
179emergency rules.
180     Section 8.  This act shall take effect upon becoming a law,
181except that the sections of this act that take effect upon the
182approval of House Joint Resolution 381 or Senate Joint
183Resolution 658, 2011 Regular Session, by a vote of the electors
184in a special election held concurrent with the presidential
185preference primary in 2012 shall apply retroactively to the 2012
186tax roll if the revision of the State Constitution contained in
187House Joint Resolution 381 or Senate Joint Resolution 658, 2011
188Regular Session, is approved by a vote of the electors in a
189special election held concurrent with the presidential
190preference primary in 2012; or the sections of this act that
191take effect upon the approval of House Joint Resolution 381 or
192Senate Joint Resolution 658, 2011 Regular Session, by a vote of
193the electors in the general election held in November 2012 shall
194apply to the 2013 tax roll if the revision of the State
195Constitution contained in House Joint Resolution 381 or Senate
196Joint Resolution 658, 2011 Regular Session, is approved by a
197vote of the electors in the general election held in November of
1982012.


CODING: Words stricken are deletions; words underlined are additions.