Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1722
       
       
       
       
       
       
                                Barcode 514180                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Budget (Bogdanoff) recommended the following:
       
    1         Senate Substitute for Amendment (661558) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. If House Joint Resolution 381 or Senate Joint
    7  Resolution 658, 2011 Regular Session, is approved by a vote of
    8  the electors in the general election held in November 2012,
    9  subsection (3) of section 193.1554, Florida Statutes, is amended
   10  to read:
   11         193.1554 Assessment of nonhomestead residential property.—
   12         (3) Beginning in 2013 2009, or the year following the year
   13  the property is placed on the tax roll, whichever is later, the
   14  property shall be reassessed annually on January 1. Any change
   15  resulting from such reassessment may not exceed 5 10 percent of
   16  the assessed value of the property for the prior year, except as
   17  provided in subsection (6).
   18         Section 2. If House Joint Resolution 381 or Senate Joint
   19  Resolution 658, 2011 Regular Session, is approved by a vote of
   20  the electors in a special election held concurrent with the
   21  presidential preference primary in 2012, subsection (3) of
   22  section 193.1554, Florida Statutes, is amended to read:
   23         193.1554 Assessment of nonhomestead residential property.—
   24         (3) Beginning in 2012 2009, or the year following the year
   25  the property is placed on the tax roll, whichever is later, the
   26  property shall be reassessed annually on January 1. Any change
   27  resulting from such reassessment may not exceed 5 10 percent of
   28  the assessed value of the property for the prior year, except as
   29  provided in subsection (6).
   30         Section 3. If House Joint Resolution 381 or Senate Joint
   31  Resolution 658, 2011 Regular Session, is approved by a vote of
   32  the electors in the general election held in November 2012,
   33  subsection (3) of section 193.1555, Florida Statutes, is amended
   34  to read:
   35         193.1555 Assessment of certain residential and
   36  nonresidential real property.—
   37         (3) Beginning in 2013 2009, or the year following the year
   38  the property is placed on the tax roll, whichever is later, the
   39  property shall be reassessed annually on January 1. Any change
   40  resulting from such reassessment may not exceed 5 10 percent of
   41  the assessed value of the property for the prior year, except as
   42  provided in subsection (6).
   43         Section 4. If House Joint Resolution 381 or Senate Joint
   44  Resolution 658, 2011 Regular Session, is approved by a vote of
   45  the electors in a special election held concurrent with the
   46  presidential preference primary in 2012, subsection (3) of
   47  section 193.1555, Florida Statutes, is amended to read:
   48         193.1555 Assessment of certain residential and
   49  nonresidential real property.—
   50         (3) Beginning in 2012 2009, or the year following the year
   51  the property is placed on the tax roll, whichever is later, the
   52  property shall be reassessed annually on January 1. Any change
   53  resulting from such reassessment may not exceed 5 10 percent of
   54  the assessed value of the property for the prior year, except as
   55  provided in subsection (6).
   56         Section 5. If House Joint Resolution 381 or Senate Joint
   57  Resolution 658, 2011 Regular Session, is approved by a vote of
   58  the electors in the general election held in November 2012,
   59  section 196.078, Florida Statutes, is created to read:
   60         196.078 Additional homestead exemption for a first-time
   61  Florida homesteader.—
   62         (1) As used in this section, the term “first-time Florida
   63  homesteader” means a person who establishes the right to receive
   64  the homestead exemption provided in s. 196.031 within 1 year
   65  after purchasing the homestead property and who has not owned
   66  property in the 3 calendar years prior to such purchase to which
   67  the homestead exemption provided in s. 196.031(1)(a) applied.
   68         (2) For purposes of this section, the date on which the
   69  deed or other transfer instrument was signed and notarized or
   70  otherwise executed shall be considered the date a property was
   71  purchased.
   72         (3) Every first-time Florida homesteader is entitled to an
   73  additional homestead exemption in an amount equal to 50 percent
   74  of the homestead property’s just value on January 1 of the year
   75  the homestead is established, for all levies other than school
   76  district levies. The additional exemption may not exceed the
   77  median just value for homestead property in the county where the
   78  property at issue is located in the calendar year immediately
   79  preceding January 1 of the year the homestead is established.
   80  The additional exemption applies for a period of 5 years or
   81  until the year the property is sold, whichever occurs first. The
   82  amount of the additional exemption shall be reduced in each
   83  subsequent year by an amount equal to 20 percent of the amount
   84  of the additional exemption received in the year the homestead
   85  was established or by an amount equal to the difference between
   86  the just value of the property and the assessed value of the
   87  property determined under s. 193.155, whichever is greater. Not
   88  more than one exemption provided under this subsection is
   89  allowed per homestead property. The additional exemption applies
   90  to property purchased on or after January 1, 2012, but is not
   91  available in the sixth and subsequent years after the additional
   92  exemption is first received.
   93         (4) The property appraiser shall require a first-time
   94  Florida homesteader claiming an exemption under this section to
   95  submit, not later than March 1 on a form prescribed by the
   96  Department of Revenue, a sworn statement attesting that the
   97  taxpayer, and each other person who holds legal or equitable
   98  title to the property, has not owned property in the 3 calendar
   99  years prior to such purchase to which the homestead exemption
  100  provided by s. 196.031(1)(a) applied. In order for the exemption
  101  to be retained upon the addition of another person to the title
  102  to the property, the person added must also submit, not later
  103  than the subsequent March 1 on a form prescribed by the
  104  department, a sworn statement attesting that he or she has not
  105  owned property in the 3 calendar years prior to being added to
  106  the title to which the homestead exemption provided by s.
  107  196.031(1)(a) applied.
  108         (5) Sections 196.131 and 196.161 apply to the exemption
  109  provided in this section.
  110         Section 6. If House Joint Resolution 381 or Senate Joint
  111  Resolution 658, 2011 Regular Session, is approved by a vote of
  112  the electors in a special election held concurrent with the
  113  presidential preference primary in 2012, section 196.078,
  114  Florida Statutes, is created to read:
  115         196.078 Additional homestead exemption for a first-time
  116  Florida homesteader.—
  117         (1) As used in this section, the term “first-time Florida
  118  homesteader” means a person who establishes the right to receive
  119  the homestead exemption provided in s. 196.031 within 1 year
  120  after purchasing the homestead property and who has not owned
  121  property in the 3 calendar years prior to such purchase to which
  122  the homestead exemption provided in s. 196.031(1)(a) applied.
  123         (2) For purposes of this section, the date on which the
  124  deed or other transfer instrument was signed and notarized or
  125  otherwise executed shall be considered the date a property was
  126  purchased.
  127         (3) Every first-time Florida homesteader is entitled to an
  128  additional homestead exemption in an amount equal to 50 percent
  129  of the homestead property’s just value on January 1 of the year
  130  the homestead is established, for all levies other than school
  131  district levies. The additional exemption may not exceed the
  132  median just value for homestead property in the county where the
  133  property at issue is located in the calendar year immediately
  134  preceding January 1 of the year the homestead is established.
  135  The additional exemption applies for a period of 5 years or
  136  until the year the property is sold, whichever occurs first. The
  137  amount of the additional exemption shall be reduced in each
  138  subsequent year by an amount equal to 20 percent of the amount
  139  of the additional exemption received in the year the homestead
  140  was established or by an amount equal to the difference between
  141  the just value of the property and the assessed value of the
  142  property determined under s. 193.155, whichever is greater. Not
  143  more than one exemption provided under this subsection is
  144  allowed per homestead property. The additional exemption applies
  145  to property purchased on or after January 1, 2011, but is not
  146  available in the sixth and subsequent years after the additional
  147  exemption is first received.
  148         (4)(a) In 2012, the property appraiser shall require a
  149  first-time Florida homesteader claiming an exemption under this
  150  section to submit, not later than June 1 on a form prescribed by
  151  the Department of Revenue, a sworn statement attesting that the
  152  taxpayer, and each other person who holds legal or equitable
  153  title to the property, has not owned property in the 3 calendar
  154  years prior to such purchase to which the homestead exemption
  155  provided by s. 196.031(1)(a) applied.
  156         (b) In 2013 and thereafter, the property appraiser shall
  157  require a first-time Florida homesteader claiming an exemption
  158  under this section to submit, not later than March 1 on a form
  159  prescribed by the Department of Revenue, a sworn statement
  160  attesting that the taxpayer, and each other person who holds
  161  legal or equitable title to the property, has not owned property
  162  in the 3 calendar years prior to such purchase to which the
  163  homestead exemption provided by s. 196.031(1)(a) applied.
  164         (c) In order for the exemption provided under this section
  165  to be retained upon the addition of another person to the title
  166  to the property, the person added must also submit, not later
  167  than the subsequent March 1 on a form prescribed by the
  168  department, a sworn statement attesting that he or she has not
  169  owned property in the 3 calendar years prior to being added to
  170  the title to which the homestead exemption provided by s.
  171  196.031(1)(a) applied.
  172         (5) Sections 196.131 and 196.161 apply to the exemption
  173  provided in this section.
  174         Section 7. (1) In anticipation of implementing this act,
  175  the executive director of the Department of Revenue is
  176  authorized, and all conditions are deemed met, to adopt
  177  emergency rules under ss. 120.536(1) and 120.54(4), Florida
  178  Statutes, to make necessary changes and preparations so that
  179  forms, methods, and data records, electronic or otherwise, are
  180  ready and in place if sections 2, 4, and 6 or sections 1, 3, and
  181  5 of this act become law.
  182         (2) Notwithstanding any other provision of law, such
  183  emergency rules shall remain in effect for 18 months after the
  184  date of adoption and may be renewed during the pendency of
  185  procedures to adopt rules addressing the subject of the
  186  emergency rules.
  187         Section 8. If House Joint Resolution 381 or Senate Joint
  188  Resolution 658, 2011 Regular Session, is approved by a vote of
  189  the electors in a special election held concurrent with the
  190  presidential preference primary in 2012 or in the general
  191  election held in November 2012, section 218.12, Florida
  192  Statutes, is amended to read:
  193         218.12 Appropriations to offset reductions in ad valorem
  194  tax revenue in fiscally constrained counties.—
  195         (1)(a) Beginning in fiscal year 2008-2009, the Legislature
  196  shall appropriate moneys to offset the reductions in ad valorem
  197  tax revenue experienced by fiscally constrained counties, as
  198  defined in s. 218.67(1), which occur as a direct result of the
  199  implementation of revisions of Art. VII of the State
  200  Constitution approved in the special election held on January
  201  29, 2008. The moneys appropriated for this purpose shall be
  202  distributed in January of each fiscal year among the fiscally
  203  constrained counties based on each county’s proportion of the
  204  total reduction in ad valorem tax revenue resulting from the
  205  implementation of the revision.
  206         (b)(2) On or before November 15 of each year, beginning in
  207  2008, each fiscally constrained county shall apply to the
  208  Department of Revenue to participate in the distribution of the
  209  appropriation and provide documentation supporting the county’s
  210  estimated reduction in ad valorem tax revenue in the form and
  211  manner prescribed by the Department of Revenue. The
  212  documentation must include an estimate of the reduction in
  213  taxable value directly attributable to revisions of Art. VII of
  214  the State Constitution for all county taxing jurisdictions
  215  within the county and shall be prepared by the property
  216  appraiser in each fiscally constrained county. The documentation
  217  must also include the county millage rates applicable in all
  218  such jurisdictions for both the current year and the prior year;
  219  rolled-back rates, determined as provided in s. 200.065, for
  220  each county taxing jurisdiction; and maximum millage rates that
  221  could have been levied by majority vote pursuant to s. 200.185.
  222  For purposes of this section, each fiscally constrained county’s
  223  reduction in ad valorem tax revenue shall be calculated as 95
  224  percent of the estimated reduction in taxable value times the
  225  lesser of the 2007 applicable millage rate or the applicable
  226  millage rate for each county taxing jurisdiction in the prior
  227  year.
  228         (c)(3) In determining the reductions in ad valorem tax
  229  revenues occurring as a result of the implementation of the
  230  revisions to Art. VII of the State Constitution approved in the
  231  special election held on January 29, 2008, the value of
  232  assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
  233  State Constitution shall include only the reduction in taxable
  234  value for homesteads established January 1 of the year in which
  235  the determination is being made.
  236         (2)(a)Beginning in the 2012-2013 fiscal year, the
  237  Legislature shall consider appropriating moneys to offset the
  238  reductions in ad valorem tax revenue experienced by fiscally
  239  constrained counties, as defined in s. 218.67(1), which occur as
  240  a direct result of the implementation of the revision of Art.
  241  VII of the State Constitution contained in House Joint
  242  Resolution 381 or Senate Joint Resolution 658, 2011 Regular
  243  Session. The moneys appropriated for this purpose shall be
  244  distributed among the fiscally constrained counties based on
  245  each county’s proportion of the total reduction in ad valorem
  246  tax revenue resulting from the implementation of the revision.
  247         (b) On or before February 1 each year, each fiscally
  248  constrained county shall apply to the Executive Office of the
  249  Governor to participate in the distribution of the appropriation
  250  and provide documentation supporting the county’s estimated
  251  reduction in ad valorem tax revenue to the Executive Office of
  252  the Governor.
  253         Section 9. This act shall take effect upon becoming a law,
  254  except that the sections of this act which take effect upon the
  255  approval of House Joint Resolution 381 or Senate Joint
  256  Resolution 658, 2011 Regular Session, by a vote of the electors
  257  in a special election held concurrent with the presidential
  258  preference primary in 2012 shall apply retroactively to the 2012
  259  tax roll if the revision of the State Constitution contained in
  260  House Joint Resolution 381 or Senate Joint Resolution 658, 2011
  261  Regular Session, is approved by a vote of the electors in a
  262  special election held concurrent with the presidential
  263  preference primary in 2012; or the sections of this act which
  264  take effect upon the approval of House Joint Resolution 381 or
  265  Senate Joint Resolution 658, 2011 Regular Session, by a vote of
  266  the electors in the general election held in November 2012 shall
  267  apply to the 2013 tax roll if the revision of the State
  268  Constitution contained in House Joint Resolution 381 or Senate
  269  Joint Resolution 658, 2011 Regular Session, is approved by a
  270  vote of the electors in the general election held in November
  271  2012.
  272  
  273  ================= T I T L E  A M E N D M E N T ================
  274         And the title is amended as follows:
  275         Delete everything before the enacting clause
  276  and insert:
  277                        A bill to be entitled                      
  278         An act relating to ad valorem taxation; amending s.
  279         193.1554, F.S.; reducing the amount by which any
  280         change in the value of nonhomestead residential
  281         property resulting from an annual reassessment may
  282         exceed the assessed value of the property for the
  283         prior year; amending s. 193.1555, F.S.; reducing the
  284         amount by which any change in the value of certain
  285         residential and nonresidential real property resulting
  286         from an annual reassessment may exceed the assessed
  287         value of the property for the prior year; creating s.
  288         196.078, F.S.; providing a definition; providing a
  289         first-time Florida homesteader with an additional
  290         homestead exemption; providing for calculation of the
  291         exemption; providing for the applicability period of
  292         the exemption; providing for an annual reduction in
  293         the exemption during the applicability period;
  294         providing application procedures; providing for
  295         applicability of specified provisions; providing for
  296         contingent effect of provisions and varying dates of
  297         application depending on the adoption and adoption
  298         date of specified joint resolutions; authorizing the
  299         Department of Revenue to adopt emergency rules;
  300         providing for application and renewal of emergency
  301         rules; amending s. 218.12, F.S.; requiring the
  302         Legislature to consider appropriating funds to
  303         fiscally constrained counties to offset reductions in
  304         ad valorem tax revenue as the result of the
  305         implementation of certain revisions to the State
  306         Constitution; requiring application to the Executive
  307         Office of the Governor to participate in the
  308         distribution of such an appropriation; providing for
  309         certain contingent effect and retroactive application;
  310         providing an effective date.