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