Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1722
Barcode 901724
LEGISLATIVE ACTION
Senate . House
Comm: RS .
05/18/2011 .
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The Committee on Judiciary (Joyner) 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 section 193.155, Florida Statutes, is amended to read:
9 193.155 Homestead assessments.—Homestead property shall be
10 assessed at just value as of January 1, 1994. Property receiving
11 the homestead exemption after January 1, 1994, shall be assessed
12 at just value as of January 1 of the year in which the property
13 receives the exemption unless the provisions of subsection (8)
14 apply.
15 (1) Beginning in 1995, or the year following the year the
16 property receives a homestead exemption, whichever is later, the
17 property shall be reassessed annually on January 1. Except for
18 changes, additions, reductions, or improvements to homestead
19 property assessed as provided in subsection (4):
20 (a) Any change resulting from such reassessment shall not
21 exceed the lower of the following:
22 1.(a) Three percent of the assessed value of the property
23 for the prior year; or
24 2.(b) The percentage change in the Consumer Price Index for
25 All Urban Consumers, U.S. City Average, all items 1967=100, or
26 successor reports for the preceding calendar year as initially
27 reported by the United States Department of Labor, Bureau of
28 Labor Statistics.
29 (b) The Legislature may provide by general law an
30 assessment may not increase if the just value of the property is
31 less than the just value of the property on the preceding
32 January 1.
33 (2) If the assessed value of the property as calculated
34 under subsection (1) exceeds the just value, the assessed value
35 of the property shall be lowered to the just value of the
36 property.
37 (3)(a) Except as provided in this subsection or subsection
38 (8), property assessed under this section shall be assessed at
39 just value as of January 1 of the year following a change of
40 ownership. Thereafter, the annual changes in the assessed value
41 of the property are subject to the limitations in subsections
42 (1) and (2). For the purpose of this section, a change of
43 ownership means any sale, foreclosure, or transfer of legal
44 title or beneficial title in equity to any person, except as
45 provided in this subsection. There is no change of ownership if:
46 1. Subsequent to the change or transfer, the same person is
47 entitled to the homestead exemption as was previously entitled
48 and:
49 a. The transfer of title is to correct an error;
50 b. The transfer is between legal and equitable title or
51 equitable and equitable title and no additional person applies
52 for a homestead exemption on the property; or
53 c. The change or transfer is by means of an instrument in
54 which the owner is listed as both grantor and grantee of the
55 real property and one or more other individuals are additionally
56 named as grantee. However, if any individual who is additionally
57 named as a grantee applies for a homestead exemption on the
58 property, the application shall be considered a change of
59 ownership;
60 2. Legal or equitable title is changed or transferred
61 between husband and wife, including a change or transfer to a
62 surviving spouse or a transfer due to a dissolution of marriage;
63 3. The transfer occurs by operation of law to the surviving
64 spouse or minor child or children under s. 732.401; or
65 4. Upon the death of the owner, the transfer is between the
66 owner and another who is a permanent resident and is legally or
67 naturally dependent upon the owner.
68 (b) For purposes of this subsection, a leasehold interest
69 that qualifies for the homestead exemption under s. 196.031 or
70 s. 196.041 shall be treated as an equitable interest in the
71 property.
72 (4)(a) Except as provided in paragraph (b), changes,
73 additions, or improvements to homestead property shall be
74 assessed at just value as of the first January 1 after the
75 changes, additions, or improvements are substantially completed.
76 (b) Changes, additions, or improvements that replace all or
77 a portion of homestead property damaged or destroyed by
78 misfortune or calamity shall not increase the homestead
79 property’s assessed value when the square footage of the
80 homestead property as changed or improved does not exceed 110
81 percent of the square footage of the homestead property before
82 the damage or destruction. Additionally, the homestead
83 property’s assessed value shall not increase if the total square
84 footage of the homestead property as changed or improved does
85 not exceed 1,500 square feet. Changes, additions, or
86 improvements that do not cause the total to exceed 110 percent
87 of the total square footage of the homestead property before the
88 damage or destruction or that do not cause the total to exceed
89 1,500 total square feet shall be reassessed as provided under
90 subsection (1). The homestead property’s assessed value shall be
91 increased by the just value of that portion of the changed or
92 improved homestead property which is in excess of 110 percent of
93 the square footage of the homestead property before the damage
94 or destruction or of that portion exceeding 1,500 square feet.
95 Homestead property damaged or destroyed by misfortune or
96 calamity which, after being changed or improved, has a square
97 footage of less than 100 percent of the homestead property’s
98 total square footage before the damage or destruction shall be
99 assessed pursuant to subsection (5). This paragraph applies to
100 changes, additions, or improvements commenced within 3 years
101 after the January 1 following the damage or destruction of the
102 homestead.
103 (c) Changes, additions, or improvements that replace all or
104 a portion of real property that was damaged or destroyed by
105 misfortune or calamity shall be assessed upon substantial
106 completion as if such damage or destruction had not occurred and
107 in accordance with paragraph (b) if the owner of such property:
108 1. Was permanently residing on such property when the
109 damage or destruction occurred;
110 2. Was not entitled to receive homestead exemption on such
111 property as of January 1 of that year; and
112 3. Applies for and receives homestead exemption on such
113 property the following year.
114 (d) Changes, additions, or improvements include
115 improvements made to common areas or other improvements made to
116 property other than to the homestead property by the owner or by
117 an owner association, which improvements directly benefit the
118 homestead property. Such changes, additions, or improvements
119 shall be assessed at just value, and the just value shall be
120 apportioned among the parcels benefiting from the improvement.
121 (5) When property is destroyed or removed and not replaced,
122 the assessed value of the parcel shall be reduced by the
123 assessed value attributable to the destroyed or removed
124 property.
125 (6) Only property that receives a homestead exemption is
126 subject to this section. No portion of property that is assessed
127 solely on the basis of character or use pursuant to s. 193.461
128 or s. 193.501, or assessed pursuant to s. 193.505, is subject to
129 this section. When property is assessed under s. 193.461, s.
130 193.501, or s. 193.505 and contains a residence under the same
131 ownership, the portion of the property consisting of the
132 residence and curtilage must be assessed separately, pursuant to
133 s. 193.011, for the assessment to be subject to the limitation
134 in this section.
135 (7) If a person received a homestead exemption limited to
136 that person’s proportionate interest in real property, the
137 provisions of this section apply only to that interest.
138 (8) Property assessed under this section shall be assessed
139 at less than just value when the person who establishes a new
140 homestead has received a homestead exemption as of January 1 of
141 either of the 2 immediately preceding years. A person who
142 establishes a new homestead as of January 1, 2008, is entitled
143 to have the new homestead assessed at less than just value only
144 if that person received a homestead exemption on January 1,
145 2007, and only if this subsection applies retroactive to January
146 1, 2008. For purposes of this subsection, a husband and wife who
147 owned and both permanently resided on a previous homestead shall
148 each be considered to have received the homestead exemption even
149 though only the husband or the wife applied for the homestead
150 exemption on the previous homestead. The assessed value of the
151 newly established homestead shall be determined as provided in
152 this subsection.
153 (a) If the just value of the new homestead as of January 1
154 is greater than or equal to the just value of the immediate
155 prior homestead as of January 1 of the year in which the
156 immediate prior homestead was abandoned, the assessed value of
157 the new homestead shall be the just value of the new homestead
158 minus an amount equal to the lesser of $500,000 or the
159 difference between the just value and the assessed value of the
160 immediate prior homestead as of January 1 of the year in which
161 the prior homestead was abandoned. Thereafter, the homestead
162 shall be assessed as provided in this section.
163 (b) If the just value of the new homestead as of January 1
164 is less than the just value of the immediate prior homestead as
165 of January 1 of the year in which the immediate prior homestead
166 was abandoned, the assessed value of the new homestead shall be
167 equal to the just value of the new homestead divided by the just
168 value of the immediate prior homestead and multiplied by the
169 assessed value of the immediate prior homestead. However, if the
170 difference between the just value of the new homestead and the
171 assessed value of the new homestead calculated pursuant to this
172 paragraph is greater than $500,000, the assessed value of the
173 new homestead shall be increased so that the difference between
174 the just value and the assessed value equals $500,000.
175 Thereafter, the homestead shall be assessed as provided in this
176 section.
177 (c) If two or more persons who have each received a
178 homestead exemption as of January 1 of either of the 2
179 immediately preceding years and who would otherwise be eligible
180 to have a new homestead property assessed under this subsection
181 establish a single new homestead, the reduction from just value
182 is limited to the higher of the difference between the just
183 value and the assessed value of either of the prior eligible
184 homesteads as of January 1 of the year in which either of the
185 eligible prior homesteads was abandoned, but may not exceed
186 $500,000.
187 (d) If two or more persons abandon jointly owned and
188 jointly titled property that received a homestead exemption as
189 of January 1 of either of the 2 immediately preceding years, and
190 one or more such persons who were entitled to and received a
191 homestead exemption on the abandoned property establish a new
192 homestead that would otherwise be eligible for assessment under
193 this subsection, each such person establishing a new homestead
194 is entitled to a reduction from just value for the new homestead
195 equal to the just value of the prior homestead minus the
196 assessed value of the prior homestead divided by the number of
197 owners of the prior homestead who received a homestead
198 exemption, unless the title of the property contains specific
199 ownership shares, in which case the share of reduction from just
200 value shall be proportionate to the ownership share. In
201 calculating the assessment reduction to be transferred from a
202 prior homestead that has an assessment reduction for living
203 quarters of parents or grandparents pursuant to s. 193.703, the
204 value calculated pursuant to s. 193.703(6) must first be added
205 back to the assessed value of the prior homestead. The total
206 reduction from just value for all new homesteads established
207 under this paragraph may not exceed $500,000. There shall be no
208 reduction from just value of any new homestead unless the prior
209 homestead is reassessed at just value or is reassessed under
210 this subsection as of January 1 after the abandonment occurs.
211 (e) If one or more persons who previously owned a single
212 homestead and each received the homestead exemption qualify for
213 a new homestead where all persons who qualify for homestead
214 exemption in the new homestead also qualified for homestead
215 exemption in the previous homestead without an additional person
216 qualifying for homestead exemption in the new homestead, the
217 reduction in just value shall be calculated pursuant to
218 paragraph (a) or paragraph (b), without application of paragraph
219 (c) or paragraph (d).
220 (f) For purposes of receiving an assessment reduction
221 pursuant to this subsection, a person entitled to assessment
222 under this section may abandon his or her homestead even though
223 it remains his or her primary residence by notifying the
224 property appraiser of the county where the homestead is located.
225 This notification must be in writing and delivered at the same
226 time as or before timely filing a new application for homestead
227 exemption on the property.
228 (g) In order to have his or her homestead property assessed
229 under this subsection, a person must file a form provided by the
230 department as an attachment to the application for homestead
231 exemption. The form, which must include a sworn statement
232 attesting to the applicant’s entitlement to assessment under
233 this subsection, shall be considered sufficient documentation
234 for applying for assessment under this subsection. The
235 department shall require by rule that the required form be
236 submitted with the application for homestead exemption under the
237 timeframes and processes set forth in chapter 196 to the extent
238 practicable.
239 (h)1. If the previous homestead was located in a different
240 county than the new homestead, the property appraiser in the
241 county where the new homestead is located must transmit a copy
242 of the completed form together with a completed application for
243 homestead exemption to the property appraiser in the county
244 where the previous homestead was located. If the previous
245 homesteads of applicants for transfer were in more than one
246 county, each applicant from a different county must submit a
247 separate form.
248 2. The property appraiser in the county where the previous
249 homestead was located must return information to the property
250 appraiser in the county where the new homestead is located by
251 April 1 or within 2 weeks after receipt of the completed
252 application from that property appraiser, whichever is later. As
253 part of the information returned, the property appraiser in the
254 county where the previous homestead was located must provide
255 sufficient information concerning the previous homestead to
256 allow the property appraiser in the county where the new
257 homestead is located to calculate the amount of the assessment
258 limitation difference which may be transferred and must certify
259 whether the previous homestead was abandoned and has been or
260 will be reassessed at just value or reassessed according to the
261 provisions of this subsection as of the January 1 following its
262 abandonment.
263 3. Based on the information provided on the form from the
264 property appraiser in the county where the previous homestead
265 was located, the property appraiser in the county where the new
266 homestead is located shall calculate the amount of the
267 assessment limitation difference which may be transferred and
268 apply the difference to the January 1 assessment of the new
269 homestead.
270 4. All property appraisers having information-sharing
271 agreements with the department are authorized to share
272 confidential tax information with each other pursuant to s.
273 195.084, including social security numbers and linked
274 information on the forms provided pursuant to this section.
275 5. The transfer of any limitation is not final until any
276 values on the assessment roll on which the transfer is based are
277 final. If such values are final after tax notice bills have been
278 sent, the property appraiser shall make appropriate corrections
279 and a corrected tax notice bill shall be sent. Any values that
280 are under administrative or judicial review shall be noticed to
281 the tribunal or court for accelerated hearing and resolution so
282 that the intent of this subsection may be carried out.
283 6. If the property appraiser in the county where the
284 previous homestead was located has not provided information
285 sufficient to identify the previous homestead and the assessment
286 limitation difference is transferable, the taxpayer may file an
287 action in circuit court in that county seeking to establish that
288 the property appraiser must provide such information.
289 7. If the information from the property appraiser in the
290 county where the previous homestead was located is provided
291 after the procedures in this section are exercised, the property
292 appraiser in the county where the new homestead is located shall
293 make appropriate corrections and a corrected tax notice and tax
294 bill shall be sent.
295 8. This subsection does not authorize the consideration or
296 adjustment of the just, assessed, or taxable value of the
297 previous homestead property.
298 9. The property appraiser in the county where the new
299 homestead is located shall promptly notify a taxpayer if the
300 information received, or available, is insufficient to identify
301 the previous homestead and the amount of the assessment
302 limitation difference which is transferable. Such notification
303 shall be sent on or before July 1 as specified in s. 196.151.
304 10. The taxpayer may correspond with the property appraiser
305 in the county where the previous homestead was located to
306 further seek to identify the homestead and the amount of the
307 assessment limitation difference which is transferable.
308 11. If the property appraiser in the county where the
309 previous homestead was located supplies sufficient information
310 to the property appraiser in the county where the new homestead
311 is located, such information shall be considered timely if
312 provided in time for inclusion on the notice of proposed
313 property taxes sent pursuant to ss. 194.011 and 200.065(1).
314 12. If the property appraiser has not received information
315 sufficient to identify the previous homestead and the amount of
316 the assessment limitation difference which is transferable
317 before mailing the notice of proposed property taxes, the
318 taxpayer may file a petition with the value adjustment board in
319 the county where the new homestead is located.
320 (i) Any person who is qualified to have his or her property
321 assessed under this subsection and who fails to file an
322 application by March 1 may file an application for assessment
323 under this subsection and may, pursuant to s. 194.011(3), file a
324 petition with the value adjustment board requesting that an
325 assessment under this subsection be granted. Such petition may
326 be filed at any time during the taxable year on or before the
327 25th day following the mailing of the notice by the property
328 appraiser as provided in s. 194.011(1). Notwithstanding s.
329 194.013, such person must pay a nonrefundable fee of $15 upon
330 filing the petition. Upon reviewing the petition, if the person
331 is qualified to receive the assessment under this subsection and
332 demonstrates particular extenuating circumstances judged by the
333 property appraiser or the value adjustment board to warrant
334 granting the assessment, the property appraiser or the value
335 adjustment board may grant an assessment under this subsection.
336 For the 2008 assessments, all petitioners for assessment under
337 this subsection shall be considered to have demonstrated
338 particular extenuating circumstances.
339 (j) Any person who is qualified to have his or her property
340 assessed under this subsection and who fails to timely file an
341 application for his or her new homestead in the first year
342 following eligibility may file in a subsequent year. The
343 assessment reduction shall be applied to assessed value in the
344 year the transfer is first approved, and refunds of tax may not
345 be made for previous years.
346 (k) The property appraisers of the state shall, as soon as
347 practicable after March 1 of each year and on or before July 1
348 of that year, carefully consider all applications for assessment
349 under this subsection which have been filed in their respective
350 offices on or before March 1 of that year. If, upon
351 investigation, the property appraiser finds that the applicant
352 is entitled to assessment under this subsection, the property
353 appraiser shall make such entries upon the tax rolls of the
354 county as are necessary to allow the assessment. If, after due
355 consideration, the property appraiser finds that the applicant
356 is not entitled under the law to assessment under this
357 subsection, the property appraiser shall immediately make out a
358 notice of such disapproval, giving his or her reasons therefor,
359 and a copy of the notice must be served upon the applicant by
360 the property appraiser either by personal delivery or by
361 registered mail to the post office address given by the
362 applicant. The applicant may appeal the decision of the property
363 appraiser refusing to allow the assessment under this subsection
364 to the value adjustment board, and the board shall review the
365 application and evidence presented to the property appraiser
366 upon which the applicant based the claim and shall hear the
367 applicant in person or by agent on behalf of his or her right to
368 such assessment. Such appeal shall be heard by an attorney
369 special magistrate if the value adjustment board uses special
370 magistrates. The value adjustment board shall reverse the
371 decision of the property appraiser in the cause and grant
372 assessment under this subsection to the applicant if, in its
373 judgment, the applicant is entitled to be granted the assessment
374 or shall affirm the decision of the property appraiser. The
375 action of the board is final in the cause unless the applicant,
376 within 15 days following the date of refusal of the application
377 by the board, files in the circuit court of the county in which
378 the homestead is located a proceeding against the property
379 appraiser for a declaratory judgment as is provided by chapter
380 86 or other appropriate proceeding. The failure of the taxpayer
381 to appear before the property appraiser or value adjustment
382 board or to file any paper other than the application as
383 provided in this subsection does not constitute any bar to or
384 defense in the proceedings.
385 (9) Erroneous assessments of homestead property assessed
386 under this section may be corrected in the following manner:
387 (a) If errors are made in arriving at any assessment under
388 this section due to a material mistake of fact concerning an
389 essential characteristic of the property, the just value and
390 assessed value must be recalculated for every such year,
391 including the year in which the mistake occurred.
392 (b) If changes, additions, or improvements are not assessed
393 at just value as of the first January 1 after they were
394 substantially completed, the property appraiser shall determine
395 the just value for such changes, additions, or improvements for
396 the year they were substantially completed. Assessments for
397 subsequent years shall be corrected, applying this section if
398 applicable.
399 (c) If back taxes are due pursuant to s. 193.092, the
400 corrections made pursuant to this subsection shall be used to
401 calculate such back taxes.
402 (10) If the property appraiser determines that for any year
403 or years within the prior 10 years a person who was not entitled
404 to the homestead property assessment limitation granted under
405 this section was granted the homestead property assessment
406 limitation, the property appraiser making such determination
407 shall record in the public records of the county a notice of tax
408 lien against any property owned by that person in the county,
409 and such property must be identified in the notice of tax lien.
410 Such property that is situated in this state is subject to the
411 unpaid taxes, plus a penalty of 50 percent of the unpaid taxes
412 for each year and 15 percent interest per annum. However, when a
413 person entitled to exemption pursuant to s. 196.031
414 inadvertently receives the limitation pursuant to this section
415 following a change of ownership, the assessment of such property
416 must be corrected as provided in paragraph (9)(a), and the
417 person need not pay the unpaid taxes, penalties, or interest.
418 Section 2. If House Joint Resolution 381 or Senate Joint
419 Resolution 658, 2011 Regular Session, is approved by a vote of
420 the electors in a special election held concurrent with the
421 presidential preference primary in 2012, of section 193.155,
422 Florida Statutes, is amended to read:
423 193.155 Homestead assessments.—Homestead property shall be
424 assessed at just value as of January 1, 1994. Property receiving
425 the homestead exemption after January 1, 1994, shall be assessed
426 at just value as of January 1 of the year in which the property
427 receives the exemption unless the provisions of subsection (8)
428 apply.
429 (1) Beginning in 1995, or the year following the year the
430 property receives a homestead exemption, whichever is later, the
431 property shall be reassessed annually on January 1. Except for
432 changes, additions, reductions, or improvements to homestead
433 property assessed as provided in subsection (4):
434 (a) Any change resulting from such reassessment shall not
435 exceed the lower of the following:
436 1.(a) Three percent of the assessed value of the property
437 for the prior year; or
438 2.(b) The percentage change in the Consumer Price Index for
439 All Urban Consumers, U.S. City Average, all items 1967=100, or
440 successor reports for the preceding calendar year as initially
441 reported by the United States Department of Labor, Bureau of
442 Labor Statistics.
443 (b) The Legislature may provide by general law that an
444 assessment may not increase if the just value of the property is
445 less than the just value of the property on the preceding
446 January 1.
447 (2) If the assessed value of the property as calculated
448 under subsection (1) exceeds the just value, the assessed value
449 of the property shall be lowered to the just value of the
450 property.
451 (3)(a) Except as provided in this subsection or subsection
452 (8), property assessed under this section shall be assessed at
453 just value as of January 1 of the year following a change of
454 ownership. Thereafter, the annual changes in the assessed value
455 of the property are subject to the limitations in subsections
456 (1) and (2). For the purpose of this section, a change of
457 ownership means any sale, foreclosure, or transfer of legal
458 title or beneficial title in equity to any person, except as
459 provided in this subsection. There is no change of ownership if:
460 1. Subsequent to the change or transfer, the same person is
461 entitled to the homestead exemption as was previously entitled
462 and:
463 a. The transfer of title is to correct an error;
464 b. The transfer is between legal and equitable title or
465 equitable and equitable title and no additional person applies
466 for a homestead exemption on the property; or
467 c. The change or transfer is by means of an instrument in
468 which the owner is listed as both grantor and grantee of the
469 real property and one or more other individuals are additionally
470 named as grantee. However, if any individual who is additionally
471 named as a grantee applies for a homestead exemption on the
472 property, the application shall be considered a change of
473 ownership;
474 2. Legal or equitable title is changed or transferred
475 between husband and wife, including a change or transfer to a
476 surviving spouse or a transfer due to a dissolution of marriage;
477 3. The transfer occurs by operation of law to the surviving
478 spouse or minor child or children under s. 732.401; or
479 4. Upon the death of the owner, the transfer is between the
480 owner and another who is a permanent resident and is legally or
481 naturally dependent upon the owner.
482 (b) For purposes of this subsection, a leasehold interest
483 that qualifies for the homestead exemption under s. 196.031 or
484 s. 196.041 shall be treated as an equitable interest in the
485 property.
486 (4)(a) Except as provided in paragraph (b), changes,
487 additions, or improvements to homestead property shall be
488 assessed at just value as of the first January 1 after the
489 changes, additions, or improvements are substantially completed.
490 (b) Changes, additions, or improvements that replace all or
491 a portion of homestead property damaged or destroyed by
492 misfortune or calamity shall not increase the homestead
493 property’s assessed value when the square footage of the
494 homestead property as changed or improved does not exceed 110
495 percent of the square footage of the homestead property before
496 the damage or destruction. Additionally, the homestead
497 property’s assessed value shall not increase if the total square
498 footage of the homestead property as changed or improved does
499 not exceed 1,500 square feet. Changes, additions, or
500 improvements that do not cause the total to exceed 110 percent
501 of the total square footage of the homestead property before the
502 damage or destruction or that do not cause the total to exceed
503 1,500 total square feet shall be reassessed as provided under
504 subsection (1). The homestead property’s assessed value shall be
505 increased by the just value of that portion of the changed or
506 improved homestead property which is in excess of 110 percent of
507 the square footage of the homestead property before the damage
508 or destruction or of that portion exceeding 1,500 square feet.
509 Homestead property damaged or destroyed by misfortune or
510 calamity which, after being changed or improved, has a square
511 footage of less than 100 percent of the homestead property’s
512 total square footage before the damage or destruction shall be
513 assessed pursuant to subsection (5). This paragraph applies to
514 changes, additions, or improvements commenced within 3 years
515 after the January 1 following the damage or destruction of the
516 homestead.
517 (c) Changes, additions, or improvements that replace all or
518 a portion of real property that was damaged or destroyed by
519 misfortune or calamity shall be assessed upon substantial
520 completion as if such damage or destruction had not occurred and
521 in accordance with paragraph (b) if the owner of such property:
522 1. Was permanently residing on such property when the
523 damage or destruction occurred;
524 2. Was not entitled to receive homestead exemption on such
525 property as of January 1 of that year; and
526 3. Applies for and receives homestead exemption on such
527 property the following year.
528 (d) Changes, additions, or improvements include
529 improvements made to common areas or other improvements made to
530 property other than to the homestead property by the owner or by
531 an owner association, which improvements directly benefit the
532 homestead property. Such changes, additions, or improvements
533 shall be assessed at just value, and the just value shall be
534 apportioned among the parcels benefiting from the improvement.
535 (5) When property is destroyed or removed and not replaced,
536 the assessed value of the parcel shall be reduced by the
537 assessed value attributable to the destroyed or removed
538 property.
539 (6) Only property that receives a homestead exemption is
540 subject to this section. No portion of property that is assessed
541 solely on the basis of character or use pursuant to s. 193.461
542 or s. 193.501, or assessed pursuant to s. 193.505, is subject to
543 this section. When property is assessed under s. 193.461, s.
544 193.501, or s. 193.505 and contains a residence under the same
545 ownership, the portion of the property consisting of the
546 residence and curtilage must be assessed separately, pursuant to
547 s. 193.011, for the assessment to be subject to the limitation
548 in this section.
549 (7) If a person received a homestead exemption limited to
550 that person’s proportionate interest in real property, the
551 provisions of this section apply only to that interest.
552 (8) Property assessed under this section shall be assessed
553 at less than just value when the person who establishes a new
554 homestead has received a homestead exemption as of January 1 of
555 either of the 2 immediately preceding years. A person who
556 establishes a new homestead as of January 1, 2008, is entitled
557 to have the new homestead assessed at less than just value only
558 if that person received a homestead exemption on January 1,
559 2007, and only if this subsection applies retroactive to January
560 1, 2008. For purposes of this subsection, a husband and wife who
561 owned and both permanently resided on a previous homestead shall
562 each be considered to have received the homestead exemption even
563 though only the husband or the wife applied for the homestead
564 exemption on the previous homestead. The assessed value of the
565 newly established homestead shall be determined as provided in
566 this subsection.
567 (a) If the just value of the new homestead as of January 1
568 is greater than or equal to the just value of the immediate
569 prior homestead as of January 1 of the year in which the
570 immediate prior homestead was abandoned, the assessed value of
571 the new homestead shall be the just value of the new homestead
572 minus an amount equal to the lesser of $500,000 or the
573 difference between the just value and the assessed value of the
574 immediate prior homestead as of January 1 of the year in which
575 the prior homestead was abandoned. Thereafter, the homestead
576 shall be assessed as provided in this section.
577 (b) If the just value of the new homestead as of January 1
578 is less than the just value of the immediate prior homestead as
579 of January 1 of the year in which the immediate prior homestead
580 was abandoned, the assessed value of the new homestead shall be
581 equal to the just value of the new homestead divided by the just
582 value of the immediate prior homestead and multiplied by the
583 assessed value of the immediate prior homestead. However, if the
584 difference between the just value of the new homestead and the
585 assessed value of the new homestead calculated pursuant to this
586 paragraph is greater than $500,000, the assessed value of the
587 new homestead shall be increased so that the difference between
588 the just value and the assessed value equals $500,000.
589 Thereafter, the homestead shall be assessed as provided in this
590 section.
591 (c) If two or more persons who have each received a
592 homestead exemption as of January 1 of either of the 2
593 immediately preceding years and who would otherwise be eligible
594 to have a new homestead property assessed under this subsection
595 establish a single new homestead, the reduction from just value
596 is limited to the higher of the difference between the just
597 value and the assessed value of either of the prior eligible
598 homesteads as of January 1 of the year in which either of the
599 eligible prior homesteads was abandoned, but may not exceed
600 $500,000.
601 (d) If two or more persons abandon jointly owned and
602 jointly titled property that received a homestead exemption as
603 of January 1 of either of the 2 immediately preceding years, and
604 one or more such persons who were entitled to and received a
605 homestead exemption on the abandoned property establish a new
606 homestead that would otherwise be eligible for assessment under
607 this subsection, each such person establishing a new homestead
608 is entitled to a reduction from just value for the new homestead
609 equal to the just value of the prior homestead minus the
610 assessed value of the prior homestead divided by the number of
611 owners of the prior homestead who received a homestead
612 exemption, unless the title of the property contains specific
613 ownership shares, in which case the share of reduction from just
614 value shall be proportionate to the ownership share. In
615 calculating the assessment reduction to be transferred from a
616 prior homestead that has an assessment reduction for living
617 quarters of parents or grandparents pursuant to s. 193.703, the
618 value calculated pursuant to s. 193.703(6) must first be added
619 back to the assessed value of the prior homestead. The total
620 reduction from just value for all new homesteads established
621 under this paragraph may not exceed $500,000. There shall be no
622 reduction from just value of any new homestead unless the prior
623 homestead is reassessed at just value or is reassessed under
624 this subsection as of January 1 after the abandonment occurs.
625 (e) If one or more persons who previously owned a single
626 homestead and each received the homestead exemption qualify for
627 a new homestead where all persons who qualify for homestead
628 exemption in the new homestead also qualified for homestead
629 exemption in the previous homestead without an additional person
630 qualifying for homestead exemption in the new homestead, the
631 reduction in just value shall be calculated pursuant to
632 paragraph (a) or paragraph (b), without application of paragraph
633 (c) or paragraph (d).
634 (f) For purposes of receiving an assessment reduction
635 pursuant to this subsection, a person entitled to assessment
636 under this section may abandon his or her homestead even though
637 it remains his or her primary residence by notifying the
638 property appraiser of the county where the homestead is located.
639 This notification must be in writing and delivered at the same
640 time as or before timely filing a new application for homestead
641 exemption on the property.
642 (g) In order to have his or her homestead property assessed
643 under this subsection, a person must file a form provided by the
644 department as an attachment to the application for homestead
645 exemption. The form, which must include a sworn statement
646 attesting to the applicant’s entitlement to assessment under
647 this subsection, shall be considered sufficient documentation
648 for applying for assessment under this subsection. The
649 department shall require by rule that the required form be
650 submitted with the application for homestead exemption under the
651 timeframes and processes set forth in chapter 196 to the extent
652 practicable.
653 (h)1. If the previous homestead was located in a different
654 county than the new homestead, the property appraiser in the
655 county where the new homestead is located must transmit a copy
656 of the completed form together with a completed application for
657 homestead exemption to the property appraiser in the county
658 where the previous homestead was located. If the previous
659 homesteads of applicants for transfer were in more than one
660 county, each applicant from a different county must submit a
661 separate form.
662 2. The property appraiser in the county where the previous
663 homestead was located must return information to the property
664 appraiser in the county where the new homestead is located by
665 April 1 or within 2 weeks after receipt of the completed
666 application from that property appraiser, whichever is later. As
667 part of the information returned, the property appraiser in the
668 county where the previous homestead was located must provide
669 sufficient information concerning the previous homestead to
670 allow the property appraiser in the county where the new
671 homestead is located to calculate the amount of the assessment
672 limitation difference which may be transferred and must certify
673 whether the previous homestead was abandoned and has been or
674 will be reassessed at just value or reassessed according to the
675 provisions of this subsection as of the January 1 following its
676 abandonment.
677 3. Based on the information provided on the form from the
678 property appraiser in the county where the previous homestead
679 was located, the property appraiser in the county where the new
680 homestead is located shall calculate the amount of the
681 assessment limitation difference which may be transferred and
682 apply the difference to the January 1 assessment of the new
683 homestead.
684 4. All property appraisers having information-sharing
685 agreements with the department are authorized to share
686 confidential tax information with each other pursuant to s.
687 195.084, including social security numbers and linked
688 information on the forms provided pursuant to this section.
689 5. The transfer of any limitation is not final until any
690 values on the assessment roll on which the transfer is based are
691 final. If such values are final after tax notice bills have been
692 sent, the property appraiser shall make appropriate corrections
693 and a corrected tax notice bill shall be sent. Any values that
694 are under administrative or judicial review shall be noticed to
695 the tribunal or court for accelerated hearing and resolution so
696 that the intent of this subsection may be carried out.
697 6. If the property appraiser in the county where the
698 previous homestead was located has not provided information
699 sufficient to identify the previous homestead and the assessment
700 limitation difference is transferable, the taxpayer may file an
701 action in circuit court in that county seeking to establish that
702 the property appraiser must provide such information.
703 7. If the information from the property appraiser in the
704 county where the previous homestead was located is provided
705 after the procedures in this section are exercised, the property
706 appraiser in the county where the new homestead is located shall
707 make appropriate corrections and a corrected tax notice and tax
708 bill shall be sent.
709 8. This subsection does not authorize the consideration or
710 adjustment of the just, assessed, or taxable value of the
711 previous homestead property.
712 9. The property appraiser in the county where the new
713 homestead is located shall promptly notify a taxpayer if the
714 information received, or available, is insufficient to identify
715 the previous homestead and the amount of the assessment
716 limitation difference which is transferable. Such notification
717 shall be sent on or before July 1 as specified in s. 196.151.
718 10. The taxpayer may correspond with the property appraiser
719 in the county where the previous homestead was located to
720 further seek to identify the homestead and the amount of the
721 assessment limitation difference which is transferable.
722 11. If the property appraiser in the county where the
723 previous homestead was located supplies sufficient information
724 to the property appraiser in the county where the new homestead
725 is located, such information shall be considered timely if
726 provided in time for inclusion on the notice of proposed
727 property taxes sent pursuant to ss. 194.011 and 200.065(1).
728 12. If the property appraiser has not received information
729 sufficient to identify the previous homestead and the amount of
730 the assessment limitation difference which is transferable
731 before mailing the notice of proposed property taxes, the
732 taxpayer may file a petition with the value adjustment board in
733 the county where the new homestead is located.
734 (i) Any person who is qualified to have his or her property
735 assessed under this subsection and who fails to file an
736 application by March 1 may file an application for assessment
737 under this subsection and may, pursuant to s. 194.011(3), file a
738 petition with the value adjustment board requesting that an
739 assessment under this subsection be granted. Such petition may
740 be filed at any time during the taxable year on or before the
741 25th day following the mailing of the notice by the property
742 appraiser as provided in s. 194.011(1). Notwithstanding s.
743 194.013, such person must pay a nonrefundable fee of $15 upon
744 filing the petition. Upon reviewing the petition, if the person
745 is qualified to receive the assessment under this subsection and
746 demonstrates particular extenuating circumstances judged by the
747 property appraiser or the value adjustment board to warrant
748 granting the assessment, the property appraiser or the value
749 adjustment board may grant an assessment under this subsection.
750 For the 2008 assessments, all petitioners for assessment under
751 this subsection shall be considered to have demonstrated
752 particular extenuating circumstances.
753 (j) Any person who is qualified to have his or her property
754 assessed under this subsection and who fails to timely file an
755 application for his or her new homestead in the first year
756 following eligibility may file in a subsequent year. The
757 assessment reduction shall be applied to assessed value in the
758 year the transfer is first approved, and refunds of tax may not
759 be made for previous years.
760 (k) The property appraisers of the state shall, as soon as
761 practicable after March 1 of each year and on or before July 1
762 of that year, carefully consider all applications for assessment
763 under this subsection which have been filed in their respective
764 offices on or before March 1 of that year. If, upon
765 investigation, the property appraiser finds that the applicant
766 is entitled to assessment under this subsection, the property
767 appraiser shall make such entries upon the tax rolls of the
768 county as are necessary to allow the assessment. If, after due
769 consideration, the property appraiser finds that the applicant
770 is not entitled under the law to assessment under this
771 subsection, the property appraiser shall immediately make out a
772 notice of such disapproval, giving his or her reasons therefor,
773 and a copy of the notice must be served upon the applicant by
774 the property appraiser either by personal delivery or by
775 registered mail to the post office address given by the
776 applicant. The applicant may appeal the decision of the property
777 appraiser refusing to allow the assessment under this subsection
778 to the value adjustment board, and the board shall review the
779 application and evidence presented to the property appraiser
780 upon which the applicant based the claim and shall hear the
781 applicant in person or by agent on behalf of his or her right to
782 such assessment. Such appeal shall be heard by an attorney
783 special magistrate if the value adjustment board uses special
784 magistrates. The value adjustment board shall reverse the
785 decision of the property appraiser in the cause and grant
786 assessment under this subsection to the applicant if, in its
787 judgment, the applicant is entitled to be granted the assessment
788 or shall affirm the decision of the property appraiser. The
789 action of the board is final in the cause unless the applicant,
790 within 15 days following the date of refusal of the application
791 by the board, files in the circuit court of the county in which
792 the homestead is located a proceeding against the property
793 appraiser for a declaratory judgment as is provided by chapter
794 86 or other appropriate proceeding. The failure of the taxpayer
795 to appear before the property appraiser or value adjustment
796 board or to file any paper other than the application as
797 provided in this subsection does not constitute any bar to or
798 defense in the proceedings.
799 (9) Erroneous assessments of homestead property assessed
800 under this section may be corrected in the following manner:
801 (a) If errors are made in arriving at any assessment under
802 this section due to a material mistake of fact concerning an
803 essential characteristic of the property, the just value and
804 assessed value must be recalculated for every such year,
805 including the year in which the mistake occurred.
806 (b) If changes, additions, or improvements are not assessed
807 at just value as of the first January 1 after they were
808 substantially completed, the property appraiser shall determine
809 the just value for such changes, additions, or improvements for
810 the year they were substantially completed. Assessments for
811 subsequent years shall be corrected, applying this section if
812 applicable.
813 (c) If back taxes are due pursuant to s. 193.092, the
814 corrections made pursuant to this subsection shall be used to
815 calculate such back taxes.
816 (10) If the property appraiser determines that for any year
817 or years within the prior 10 years a person who was not entitled
818 to the homestead property assessment limitation granted under
819 this section was granted the homestead property assessment
820 limitation, the property appraiser making such determination
821 shall record in the public records of the county a notice of tax
822 lien against any property owned by that person in the county,
823 and such property must be identified in the notice of tax lien.
824 Such property that is situated in this state is subject to the
825 unpaid taxes, plus a penalty of 50 percent of the unpaid taxes
826 for each year and 15 percent interest per annum. However, when a
827 person entitled to exemption pursuant to s. 196.031
828 inadvertently receives the limitation pursuant to this section
829 following a change of ownership, the assessment of such property
830 must be corrected as provided in paragraph (9)(a), and the
831 person need not pay the unpaid taxes, penalties, or interest.
832 Section 3. If House Joint Resolution 381 or Senate Joint
833 Resolution 658, 2011 Regular Session, is approved by a vote of
834 the electors in the general election held in November 2012,
835 subsection (3) of section 193.1554, Florida Statutes, is amended
836 to read:
837 193.1554 Assessment of nonhomestead residential property.—
838 (3) Beginning in 2013 2009, or the year following the year
839 the property is placed on the tax roll, whichever is later, the
840 property shall be reassessed annually on January 1. Except for
841 changes, additions, reductions, or improvements to nonhomestead
842 property assessed as provided in subsection (6):
843 (a) Any change resulting from such reassessment may not
844 exceed 3 10 percent of the assessed value of the property for
845 the prior year.
846 (b) The Legislature may provide by general law that an
847 assessment may not increase if the just value of the property is
848 less than the just value of the property on the preceding
849 January 1.
850 Section 4. If House Joint Resolution 381 or Senate Joint
851 Resolution 658, 2011 Regular Session, is approved by a vote of
852 the electors in a special election held concurrent with the
853 presidential preference primary in 2012, subsection (3) of
854 section 193.1554, Florida Statutes, is amended to read:
855 193.1554 Assessment of nonhomestead residential property.—
856 (3) Beginning in 2012 2009, or the year following the year
857 the property is placed on the tax roll, whichever is later, the
858 property shall be reassessed annually on January 1. Except for
859 changes, additions, reductions, or improvements to nonhomestead
860 property assessed as provided in subsection (6):
861 (a) Any change resulting from such reassessment may not
862 exceed 3 10 percent of the assessed value of the property for
863 the prior year.
864 (b) The Legislature may provide by general law that an
865 assessment may not increase if the just value of the property is
866 less than the just value of the property on the preceding
867 January 1.
868 Section 5. If House Joint Resolution 381 or Senate Joint
869 Resolution 658, 2011 Regular Session, is approved by a vote of
870 the electors in the general election held in November 2012,
871 subsection (3) of section 193.1555, Florida Statutes, is amended
872 to read:
873 193.1555 Assessment of certain residential and
874 nonresidential real property.—
875 (3) Beginning in 2013 2009, or the year following the year
876 the property is placed on the tax roll, whichever is later, the
877 property shall be reassessed annually on January 1. Except for
878 changes, additions, reductions, or improvements to nonhomestead
879 property assessed as provided in subsection (6):
880 (a) Any change resulting from such reassessment may not
881 exceed 3 10 percent of the assessed value of the property for
882 the prior year.
883 (b) The Legislature may provide by general law that an
884 assessment may not increase if the just value of the property is
885 less than the just value of the property on the preceding
886 January 1.
887 Section 6. If House Joint Resolution 381 or Senate Joint
888 Resolution 658, 2011 Regular Session, is approved by a vote of
889 the electors in a special election held concurrent with the
890 presidential preference primary in 2012, subsection (3) of
891 section 193.1555, Florida Statutes, is amended to read:
892 193.1555 Assessment of certain residential and
893 nonresidential real property.—
894 (3) Beginning in 2012 2009, or the year following the year
895 the property is placed on the tax roll, whichever is later, the
896 property shall be reassessed annually on January 1. Except for
897 changes, additions, reductions, or improvements to nonhomestead
898 property assessed as provided in subsection (6):
899 (a) Any change resulting from such reassessment may not
900 exceed 3 10 percent of the assessed value of the property for
901 the prior year.
902 (b) The Legislature may provide by general law that an
903 assessment may not increase if the just value of the property is
904 less than the just value of the property on the preceding
905 January 1.
906 Section 7. If House Joint Resolution 381 or Senate Joint
907 Resolution 658, 2011 Regular Session, is approved by a vote of
908 the electors in the general election held in November 2012,
909 section 196.078, Florida Statutes, is created to read:
910 196.078 Additional homestead exemption for a first-time
911 Florida homesteader.—
912 (1) As used in this section, the term “first-time Florida
913 homesteader” means a person who establishes the right to receive
914 the homestead exemption provided in s. 196.031 within 1 year
915 after purchasing the homestead property and who has not owned
916 property in the previous 3 years to which the homestead
917 exemption provided in s. 196.031(1)(a) applied.
918 (2) Every first-time Florida homesteader is entitled to an
919 additional homestead exemption in an amount equal to 50 percent
920 of the homestead property’s just value on January 1 of the year
921 the homestead is established for all levies other than school
922 district levies. The additional exemption applies for a period
923 of 5 years or until the year the property is sold, whichever
924 occurs first. The amount of the additional exemption may not
925 exceed $200,000 and shall be reduced in each subsequent year by
926 an amount equal to 20 percent of the amount of the additional
927 exemption received in the year the homestead was established or
928 by an amount equal to the difference between the just value of
929 the property and the assessed value of the property determined
930 under s. 193.155, whichever is greater. Not more than one
931 exemption provided under this subsection is allowed per
932 homestead property. The additional exemption applies to property
933 purchased on or after January 1, 2012, but is not available in
934 the sixth and subsequent years after the additional exemption is
935 first received.
936 (3) The property appraiser shall require a first-time
937 Florida homesteader claiming an exemption under this section to
938 submit, not later than March 1 on a form prescribed by the
939 Department of Revenue, a sworn statement attesting that the
940 taxpayer, and each other person who holds legal or equitable
941 title to the property, has not owned property in the prior 3
942 years that received the homestead exemption provided by s.
943 196.031. In order for the exemption to be retained upon the
944 addition of another person to the title to the property, the
945 person added must also submit, not later than the subsequent
946 March 1 on a form prescribed by the department, a sworn
947 statement attesting that he or she has not owned property in the
948 prior 3 years that received the homestead exemption provided by
949 s. 196.031.
950 (4) Sections 196.131 and 196.161 apply to the exemption
951 provided in this section.
952 Section 8. If House Joint Resolution 381 or Senate Joint
953 Resolution 658, 2011 Regular Session, is approved by a vote of
954 the electors in a special election held concurrent with the
955 presidential preference primary in 2012, section 196.078,
956 Florida Statutes, is created to read:
957 196.078 Additional homestead exemption for a first-time
958 Florida homesteader.—
959 (1) As used in this section, the term “first-time Florida
960 homesteader” means a person who establishes the right to receive
961 the homestead exemption provided in s. 196.031 within 1 year
962 after purchasing the homestead property and who has not owned
963 property in the previous 3 years to which the homestead
964 exemption provided in s. 196.031(1)(a) applied.
965 (2) Every first-time Florida homesteader is entitled to an
966 additional homestead exemption in an amount equal to 50 percent
967 of the homestead property’s just value on January 1 of the year
968 the homestead is established for all levies other than school
969 district levies. The additional exemption applies for a period
970 of 5 years or until the year the property is sold, whichever
971 occurs first. The amount of the additional exemption may not
972 exceed $200,000 and shall be reduced in each subsequent year by
973 an amount equal to 20 percent of the amount of the additional
974 exemption received in the year the homestead was established or
975 by an amount equal to the difference between the just value of
976 the property and the assessed value of the property determined
977 under s. 193.155, whichever is greater. Not more than one
978 exemption provided under this subsection is allowed per
979 homestead property. The additional exemption applies to property
980 purchased on or after January 1, 2011, but is not available in
981 the sixth and subsequent years after the additional exemption is
982 first received.
983 (3) The property appraiser shall require a first-time
984 Florida homesteader claiming an exemption under this section to
985 submit, not later than March 1 on a form prescribed by the
986 Department of Revenue, a sworn statement attesting that the
987 taxpayer, and each other person who holds legal or equitable
988 title to the property, has not owned property in the prior 3
989 years that received the homestead exemption provided by s.
990 196.031. In order for the exemption to be retained upon the
991 addition of another person to the title to the property, the
992 person added must also submit, not later than the subsequent
993 March 1 on a form prescribed by the department, a sworn
994 statement attesting that he or she has not owned property in the
995 prior 3 years that received the homestead exemption provided by
996 s. 196.031.
997 (4) Sections 196.131 and 196.161 apply to the exemption
998 provided in this section.
999 Section 9. (1) In anticipation of implementing this act,
1000 the executive director of the Department of Revenue is
1001 authorized, and all conditions are deemed met, to adopt
1002 emergency rules under ss. 120.536(1) and 120.54(4), Florida
1003 Statutes, to make necessary changes and preparations so that
1004 forms, methods, and data records, electronic or otherwise, are
1005 ready and in place if sections 2, 4, 6, and 8 or sections 1, 3,
1006 5, and 7 of this act become law.
1007 (2) Notwithstanding any other provision of law, such
1008 emergency rules shall remain in effect for 18 months after the
1009 date of adoption and may be renewed during the pendency of
1010 procedures to adopt rules addressing the subject of the
1011 emergency rules.
1012 Section 10. This act shall take effect upon becoming a law,
1013 except that the sections of this act that take effect upon the
1014 approval of House Joint Resolution 381 or Senate Joint
1015 Resolution 658, 2011 Regular Session, by a vote of the electors
1016 in a special election held concurrent with the presidential
1017 preference primary in 2012 shall apply retroactively to the 2012
1018 tax roll if the revision of the State Constitution contained in
1019 House Joint Resolution 381 or Senate Joint Resolution 658, 2011
1020 Regular Session, is approved by a vote of the electors in a
1021 special election held concurrent with the presidential
1022 preference primary in 2012; or the sections of this act that
1023 take effect upon the approval of House Joint Resolution 381 or
1024 Senate Joint Resolution 658, 2011 Regular Session, by a vote of
1025 the electors in the general election held in November 2012 shall
1026 apply to the 2013 tax roll if the revision of the State
1027 Constitution contained in House Joint Resolution 381 or Senate
1028 Joint Resolution 658, 2011 Regular Session, is approved by a
1029 vote of the electors in the general election held in November
1030 2012.
1031
1032 ================= T I T L E A M E N D M E N T ================
1033 And the title is amended as follows:
1034
1035 Delete everything before the enacting clause
1036 and insert:
1037 A bill to be entitled
1038 An act relating to ad valorem taxation; amending s.
1039 193.155, F.S.; revising provisions relating to annual
1040 reassessment of property; providing that an assessment
1041 may not increase if the just value of the property is
1042 less than the just value of the property on the
1043 preceding January 1; deleting an obsolete provision;
1044 amending s. 193.1554, F.S.; providing exceptions to
1045 reducing the amount that any change in the value of
1046 nonhomestead residential property resulting from an
1047 annual reassessment may exceed the assessed value of
1048 the property for the prior year; providing exceptions;
1049 providing that an assessment may not increase if the
1050 just value of the property is less than the just value
1051 of the property on the preceding date of assessment
1052 provided by law; amending s. 193.1555, F.S.; reducing
1053 the amount that any change in the value of certain
1054 residential and nonresidential real property resulting
1055 from an annual reassessment may exceed the assessed
1056 value of the property for the prior year; providing
1057 exceptions; providing that an assessment may not
1058 increase if the just value of the property is less
1059 than the just value of the property on the preceding
1060 date of assessment provided by law; creating s.
1061 196.078, F.S.; providing a definition; providing a
1062 first-time Florida homesteader with an additional
1063 homestead exemption; providing for calculation of the
1064 exemption; providing for the applicability period of
1065 the exemption; providing for an annual reduction in
1066 the exemption during the applicability period;
1067 providing application procedures; providing for
1068 applicability of specified provisions; providing for
1069 contingent effect of provisions and varying dates of
1070 application depending on the adoption and adoption
1071 date of specified joint resolutions; authorizing the
1072 Department of Revenue to adopt emergency rules;
1073 providing for application and renewal of emergency
1074 rules; providing for certain contingent effect and
1075 retroactive application; providing an effective date.