| 1 | A bill to be entitled |
| 2 | An act relating to ad valorem taxation; amending s. |
| 3 | 193.1554, F.S.; reducing the amount that any change in the |
| 4 | value of nonhomestead residential property resulting from |
| 5 | an annual reassessment may exceed the assessed value of |
| 6 | the property for the prior year; amending s. 193.1555, |
| 7 | F.S.; reducing the amount that any change in the value of |
| 8 | certain residential and nonresidential real property |
| 9 | resulting from an annual reassessment may exceed the |
| 10 | assessed value of the property for the prior year; |
| 11 | creating s. 196.078, F.S.; providing a definition; |
| 12 | providing a first-time Florida homesteader with an |
| 13 | additional homestead exemption; providing for calculation |
| 14 | of the exemption; providing for the applicability period |
| 15 | of the exemption; providing for an annual reduction in the |
| 16 | exemption during the applicability period; providing |
| 17 | application procedures; providing for applicability of |
| 18 | specified provisions; providing for contingent effect of |
| 19 | provisions and varying dates of application depending on |
| 20 | the adoption and adoption date of specified joint |
| 21 | resolutions; authorizing the Department of Revenue to |
| 22 | adopt emergency rules; providing for application and |
| 23 | renewal of emergency rules; providing for certain |
| 24 | contingent effect and retroactive application; providing |
| 25 | an effective date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. If House Joint Resolution 381 or Senate Joint |
| 30 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 31 | the electors in the general election held in November 2012, |
| 32 | subsection (3) of section 193.1554, Florida Statutes, is amended |
| 33 | to read: |
| 34 | 193.1554 Assessment of nonhomestead residential property.- |
| 35 | (3) Beginning in 2013 2009, or the year following the year |
| 36 | the property is placed on the tax roll, whichever is later, the |
| 37 | property shall be reassessed annually on January 1. Any change |
| 38 | resulting from such reassessment may not exceed 3 10 percent of |
| 39 | the assessed value of the property for the prior year, except as |
| 40 | provided in subsection (6). |
| 41 | Section 2. If House Joint Resolution 381 or Senate Joint |
| 42 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 43 | the electors in a special election held concurrent with the |
| 44 | presidential preference primary in 2012, subsection (3) of |
| 45 | section 193.1554, Florida Statutes, is amended to read: |
| 46 | 193.1554 Assessment of nonhomestead residential property.- |
| 47 | (3) Beginning in 2012 2009, or the year following the year |
| 48 | the property is placed on the tax roll, whichever is later, the |
| 49 | property shall be reassessed annually on January 1. Any change |
| 50 | resulting from such reassessment may not exceed 3 10 percent of |
| 51 | the assessed value of the property for the prior year, except as |
| 52 | provided in subsection (6). |
| 53 | Section 3. If House Joint Resolution 381 or Senate Joint |
| 54 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 55 | the electors in the general election held in November 2012, |
| 56 | subsection (3) of section 193.1555, Florida Statutes, is amended |
| 57 | to read: |
| 58 | 193.1555 Assessment of certain residential and |
| 59 | nonresidential real property.- |
| 60 | (3) Beginning in 2013 2009, or the year following the year |
| 61 | the property is placed on the tax roll, whichever is later, the |
| 62 | property shall be reassessed annually on January 1. Any change |
| 63 | resulting from such reassessment may not exceed 3 10 percent of |
| 64 | the assessed value of the property for the prior year, except as |
| 65 | provided in subsection (6). |
| 66 | Section 4. If House Joint Resolution 381 or Senate Joint |
| 67 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 68 | the electors in a special election held concurrent with the |
| 69 | presidential preference primary in 2012, subsection (3) of |
| 70 | section 193.1555, Florida Statutes, is amended to read: |
| 71 | 193.1555 Assessment of certain residential and |
| 72 | nonresidential real property.- |
| 73 | (3) Beginning in 2012 2009, or the year following the year |
| 74 | the property is placed on the tax roll, whichever is later, the |
| 75 | property shall be reassessed annually on January 1. Any change |
| 76 | resulting from such reassessment may not exceed 3 10 percent of |
| 77 | the assessed value of the property for the prior year, except as |
| 78 | provided in subsection (6). |
| 79 | Section 5. If House Joint Resolution 381 or Senate Joint |
| 80 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 81 | the electors in the general election held in November 2012, |
| 82 | section 196.078, Florida Statutes, is created to read: |
| 83 | 196.078 Additional homestead exemption for a first-time |
| 84 | Florida homesteader.- |
| 85 | (1) As used in this section, the term "first-time Florida |
| 86 | homesteader" means a person who establishes the right to receive |
| 87 | the homestead exemption provided in s. 196.031 within 1 year |
| 88 | after purchasing the homestead property and who has not owned |
| 89 | property in the 3 calendar years prior to such purchase to which |
| 90 | the homestead exemption provided in s. 196.031(1)(a) applied. |
| 91 | (2) For purposes of this section, the date on which the |
| 92 | deed or other transfer instrument was signed and notarized or |
| 93 | otherwise executed shall be considered the date a property was |
| 94 | purchased. |
| 95 | (3) Every first-time Florida homesteader is entitled to an |
| 96 | additional homestead exemption in an amount equal to 50 percent |
| 97 | of the homestead property's just value on January 1 of the year |
| 98 | the homestead is established for all levies other than school |
| 99 | district levies. The additional exemption applies for a period |
| 100 | of 5 years or until the year the property is sold, whichever |
| 101 | occurs first. The amount of the additional exemption may not |
| 102 | exceed $200,000 and shall be reduced in each subsequent year by |
| 103 | an amount equal to 20 percent of the amount of the additional |
| 104 | exemption received in the year the homestead was established or |
| 105 | by an amount equal to the difference between the just value of |
| 106 | the property and the assessed value of the property determined |
| 107 | under s. 193.155, whichever is greater. Not more than one |
| 108 | exemption provided under this subsection is allowed per |
| 109 | homestead property. The additional exemption applies to property |
| 110 | purchased on or after January 1, 2012, but is not available in |
| 111 | the sixth and subsequent years after the additional exemption is |
| 112 | first received. |
| 113 | (4) The property appraiser shall require a first-time |
| 114 | Florida homesteader claiming an exemption under this section to |
| 115 | submit, not later than March 1 on a form prescribed by the |
| 116 | Department of Revenue, a sworn statement attesting that the |
| 117 | taxpayer, and each other person who holds legal or equitable |
| 118 | title to the property, has not owned property in the 3 calendar |
| 119 | years prior to such purchase to which the homestead exemption |
| 120 | provided by s. 196.031(1)(a) applied. In order for the exemption |
| 121 | to be retained upon the addition of another person to the title |
| 122 | to the property, the person added must also submit, not later |
| 123 | than the subsequent March 1 on a form prescribed by the |
| 124 | department, a sworn statement attesting that he or she has not |
| 125 | owned property in the 3 calendar years prior to being added to |
| 126 | the title to which the homestead exemption provided by s. |
| 127 | 196.031(1)(a) applied. |
| 128 | (5) Sections 196.131 and 196.161 apply to the exemption |
| 129 | provided in this section. |
| 130 | Section 6. If House Joint Resolution 381 or Senate Joint |
| 131 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 132 | the electors in a special election held concurrent with the |
| 133 | presidential preference primary in 2012, section 196.078, |
| 134 | Florida Statutes, is created to read: |
| 135 | 196.078 Additional homestead exemption for a first-time |
| 136 | Florida homesteader.- |
| 137 | (1) As used in this section, the term "first-time Florida |
| 138 | homesteader" means a person who establishes the right to receive |
| 139 | the homestead exemption provided in s. 196.031 within 1 year |
| 140 | after purchasing the homestead property and who has not owned |
| 141 | property in the 3 calendar years prior to such purchase to which |
| 142 | the homestead exemption provided in s. 196.031(1)(a) applied. |
| 143 | (2) For purposes of this section, the date on which the |
| 144 | deed or other transfer instrument was signed and notarized or |
| 145 | otherwise executed shall be considered the date a property was |
| 146 | purchased. |
| 147 | (3) Every first-time Florida homesteader is entitled to an |
| 148 | additional homestead exemption in an amount equal to 50 percent |
| 149 | of the homestead property's just value on January 1 of the year |
| 150 | the homestead is established for all levies other than school |
| 151 | district levies. The additional exemption applies for a period |
| 152 | of 5 years or until the year the property is sold, whichever |
| 153 | occurs first. The amount of the additional exemption may not |
| 154 | exceed $200,000 and shall be reduced in each subsequent year by |
| 155 | an amount equal to 20 percent of the amount of the additional |
| 156 | exemption received in the year the homestead was established or |
| 157 | by an amount equal to the difference between the just value of |
| 158 | the property and the assessed value of the property determined |
| 159 | under s. 193.155, whichever is greater. Not more than one |
| 160 | exemption provided under this subsection is allowed per |
| 161 | homestead property. The additional exemption applies to property |
| 162 | purchased on or after January 1, 2012, but is not available in |
| 163 | the sixth and subsequent years after the additional exemption is |
| 164 | first received. |
| 165 | (4)(a) In 2012, the property appraiser shall require a |
| 166 | first-time Florida homesteader claiming an exemption under this |
| 167 | section to submit, not later than June 1 on a form prescribed by |
| 168 | the Department of Revenue, a sworn statement attesting that the |
| 169 | taxpayer, and each other person who holds legal or equitable |
| 170 | title to the property, has not owned property in the 3 calendar |
| 171 | years prior to such purchase to which the homestead exemption |
| 172 | provided by s. 196.031(1)(a) applied. |
| 173 | (b) In 2013 and thereafter, the property appraiser shall |
| 174 | require a first-time Florida homesteader claiming an exemption |
| 175 | under this section to submit, not later than March 1 on a form |
| 176 | prescribed by the Department of Revenue, a sworn statement |
| 177 | attesting that the taxpayer, and each other person who holds |
| 178 | legal or equitable title to the property, has not owned property |
| 179 | in the 3 calendar years prior to such purchase to which the |
| 180 | homestead exemption provided by s. 196.031(1)(a) applied. |
| 181 | (c) In order for the exemption provided under this section |
| 182 | to be retained upon the addition of another person to the title |
| 183 | to the property, the person added must also submit, not later |
| 184 | than the subsequent March 1 on a form prescribed by the |
| 185 | department, a sworn statement attesting that he or she has not |
| 186 | owned property in the 3 calendar years prior to being added to |
| 187 | the title to which the homestead exemption provided by s. |
| 188 | 196.031(1)(a) applied. |
| 189 | (5) Sections 196.131 and 196.161 apply to the exemption |
| 190 | provided in this section. |
| 191 | Section 7. (1) In anticipation of implementing this act, |
| 192 | the executive director of the Department of Revenue is |
| 193 | authorized, and all conditions are deemed met, to adopt |
| 194 | emergency rules under ss. 120.536(1) and 120.54(4), Florida |
| 195 | Statutes, to make necessary changes and preparations so that |
| 196 | forms, methods, and data records, electronic or otherwise, are |
| 197 | ready and in place if sections 2, 4, and 6 or sections 1, 3, and |
| 198 | 5 of this act become law. |
| 199 | (2) Notwithstanding any other provision of law, such |
| 200 | emergency rules shall remain in effect for 18 months after the |
| 201 | date of adoption and may be renewed during the pendency of |
| 202 | procedures to adopt rules addressing the subject of the |
| 203 | emergency rules. |
| 204 | Section 8. This act shall take effect upon becoming a law, |
| 205 | except that the sections of this act that take effect upon the |
| 206 | approval of House Joint Resolution 381 or Senate Joint |
| 207 | Resolution 658, 2011 Regular Session, by a vote of the electors |
| 208 | in a special election held concurrent with the presidential |
| 209 | preference primary in 2012 shall apply retroactively to the 2012 |
| 210 | tax roll if the revision of the State Constitution contained in |
| 211 | House Joint Resolution 381 or Senate Joint Resolution 658, 2011 |
| 212 | Regular Session, is approved by a vote of the electors in a |
| 213 | special election held concurrent with the presidential |
| 214 | preference primary in 2012; or the sections of this act that |
| 215 | take effect upon the approval of House Joint Resolution 381 or |
| 216 | Senate Joint Resolution 658, 2011 Regular Session, by a vote of |
| 217 | the electors in the general election held in November 2012 shall |
| 218 | apply to the 2013 tax roll if the revision of the State |
| 219 | Constitution contained in House Joint Resolution 381 or Senate |
| 220 | Joint Resolution 658, 2011 Regular Session, is approved by a |
| 221 | vote of the electors in the general election held in November |
| 222 | 2012. |