Florida Senate - 2011 CS for SB 1722
By the Committee on Judiciary; and Senator Fasano
590-04470-11 20111722c1
1 A bill to be entitled
2 An act relating to ad valorem taxation; amending ss.
3 193.1554 and 193.1555, F.S.; reducing the amount that
4 any change in the value of certain real property
5 resulting from an annual reassessment may exceed the
6 assessed value of the property for the prior year
7 under specified circumstances; providing exceptions;
8 creating s. 196.078, F.S.; providing a definition;
9 providing a first-time Florida homesteader with an
10 additional homestead exemption; providing for
11 calculation of the exemption; providing for the
12 applicability period of the exemption; providing for
13 an annual reduction in the exemption during the
14 applicability period; providing application
15 procedures; providing for applicability of specified
16 provisions; providing for contingent effect of
17 provisions and varying dates of application depending
18 on the adoption and adoption date of specified joint
19 resolutions; authorizing the Department of Revenue to
20 adopt emergency rules; providing for application and
21 renewal of emergency rules; amending s. 218.12, F.S.;
22 requiring the Legislature to appropriate funds to
23 fiscally constrained counties to offset reductions in
24 ad valorem tax revenue as the result of the
25 implementation of certain proposed revisions to the
26 State Constitution; providing for certain contingent
27 effect and retroactive application; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. If House Joint Resolution 381 or Senate Joint
33 Resolution 658, 2011 Regular Session, is approved by a vote of
34 the electors in the general election held in November 2012,
35 subsection (3) of section 193.1554, Florida Statutes, is amended
36 to read:
37 193.1554 Assessment of nonhomestead residential property.—
38 (3) Beginning in 2013 2009, or the year following the year
39 the property is placed on the tax roll, whichever is later, the
40 property shall be reassessed annually on January 1. Any change
41 resulting from such reassessment may not exceed 3 10 percent of
42 the assessed value of the property for the prior year, except as
43 provided in subsection (6).
44 Section 2. If House Joint Resolution 381 or Senate Joint
45 Resolution 658, 2011 Regular Session, is approved by a vote of
46 the electors in a special election held concurrent with the
47 presidential preference primary in 2012, subsection (3) of
48 section 193.1554, Florida Statutes, is amended to read:
49 193.1554 Assessment of nonhomestead residential 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 3 10 percent of
54 the assessed value of the property for the prior year, except as
55 provided in subsection (6).
56 Section 3. 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 subsection (3) of section 193.1555, Florida Statutes, is amended
60 to read:
61 193.1555 Assessment of certain residential and
62 nonresidential real property.—
63 (3) Beginning in 2013 2009, or the year following the year
64 the property is placed on the tax roll, whichever is later, the
65 property shall be reassessed annually on January 1. Any change
66 resulting from such reassessment may not exceed 3 10 percent of
67 the assessed value of the property for the prior year, except as
68 provided in subsection (6).
69 Section 4. If House Joint Resolution 381 or Senate Joint
70 Resolution 658, 2011 Regular Session, is approved by a vote of
71 the electors in a special election held concurrent with the
72 presidential preference primary in 2012, subsection (3) of
73 section 193.1555, Florida Statutes, is amended to read:
74 193.1555 Assessment of certain residential and
75 nonresidential real property.—
76 (3) Beginning in 2012 2009, or the year following the year
77 the property is placed on the tax roll, whichever is later, the
78 property shall be reassessed annually on January 1. Any change
79 resulting from such reassessment may not exceed 3 10 percent of
80 the assessed value of the property for the prior year, except as
81 provided in subsection (6).
82 Section 5. If House Joint Resolution 381 or Senate Joint
83 Resolution 658, 2011 Regular Session, is approved by a vote of
84 the electors in the general election held in November 2012,
85 section 196.078, Florida Statutes, is created to read:
86 196.078 Additional homestead exemption for a first-time
87 Florida homesteader.—
88 (1) As used in this section, the term “first-time Florida
89 homesteader” means a person who establishes the right to receive
90 the homestead exemption provided in s. 196.031 within 1 year
91 after purchasing the homestead property and who has not owned
92 property in the previous 3 years to which the homestead
93 exemption provided in s. 196.031(1)(a) applied.
94 (2) Every first-time Florida homesteader is entitled to an
95 additional homestead exemption in an amount equal to 50 percent
96 of the homestead property’s just value on January 1 of the year
97 the homestead is established for all levies other than school
98 district levies. The additional exemption applies for a period
99 of 5 years or until the year the property is sold, whichever
100 occurs first. The amount of the additional exemption may not
101 exceed $200,000 and shall be reduced in each subsequent year by
102 an amount equal to 20 percent of the amount of the additional
103 exemption received in the year the homestead was established or
104 by an amount equal to the difference between the just value of
105 the property and the assessed value of the property determined
106 under s. 193.155, whichever is greater. Only one exemption
107 provided under this subsection is allowed per homestead
108 property. The additional exemption applies to property purchased
109 on or after January 1, 2012, but is not available in the 6th and
110 subsequent years after the additional exemption is first
111 received.
112 (3) The property appraiser shall require a first-time
113 Florida homesteader claiming an exemption under this section to
114 submit by March 1 on a form prescribed by the Department of
115 Revenue a sworn statement attesting that the taxpayer, and each
116 other person who holds legal or equitable title to the property,
117 has not owned property in the prior 3 years which received the
118 homestead exemption provided by s. 196.031. In order for the
119 exemption to be retained upon the addition of another person to
120 the title to the property, the person added must also submit by
121 the subsequent March 1 on a form prescribed by the department a
122 sworn statement attesting that he or she has not owned property
123 in the prior 3 years which received the homestead exemption
124 provided by s. 196.031.
125 (4) Sections 196.131 and 196.161 apply to the exemption
126 provided in this section.
127 Section 6. If House Joint Resolution 381 or Senate Joint
128 Resolution 658, 2011 Regular Session, is approved by a vote of
129 the electors in a special election held concurrent with the
130 presidential preference primary in 2012, section 196.078,
131 Florida Statutes, is created to read:
132 196.078 Additional homestead exemption for a first-time
133 Florida homesteader.—
134 (1) As used in this section, the term “first-time Florida
135 homesteader” means a person who establishes the right to receive
136 the homestead exemption provided in s. 196.031 within 1 year
137 after purchasing the homestead property and who has not owned
138 property in the previous 3 years to which the homestead
139 exemption provided in s. 196.031(1)(a) applied.
140 (2) Every first-time Florida homesteader is entitled to an
141 additional homestead exemption in an amount equal to 50 percent
142 of the homestead property’s just value on January 1 of the year
143 the homestead is established for all levies other than school
144 district levies. The additional exemption applies for a period
145 of 5 years or until the year the property is sold, whichever
146 occurs first. The amount of the additional exemption may not
147 exceed $200,000 and shall be reduced in each subsequent year by
148 an amount equal to 20 percent of the amount of the additional
149 exemption received in the year the homestead was established or
150 by an amount equal to the difference between the just value of
151 the property and the assessed value of the property determined
152 under s. 193.155, whichever is greater. Only one exemption
153 provided under this subsection is allowed per homestead
154 property. The additional exemption applies to property purchased
155 on or after January 1, 2011, but is not available in the 6th and
156 subsequent years after the additional exemption is first
157 received.
158 (3) The property appraiser shall require a first-time
159 Florida homesteader claiming an exemption under this section to
160 submit by March 1 on a form prescribed by the Department of
161 Revenue a sworn statement attesting that the taxpayer, and each
162 other person who holds legal or equitable title to the property,
163 has not owned property in the prior 3 years which received the
164 homestead exemption provided by s. 196.031. In order for the
165 exemption to be retained upon the addition of another person to
166 the title to the property, the person added must also submit by
167 the subsequent March 1 on a form prescribed by the department a
168 sworn statement attesting that he or she has not owned property
169 in the prior 3 years which received the homestead exemption
170 provided by s. 196.031.
171 (4) Sections 196.131 and 196.161 apply to the exemption
172 provided in this section.
173 Section 7. (1) In anticipation of implementing this act,
174 the executive director of the Department of Revenue is
175 authorized, and all conditions are deemed met, to adopt
176 emergency rules under ss. 120.536(1) and 120.54(4), Florida
177 Statutes, to make necessary changes and preparations so that
178 forms, methods, and data records, electronic or otherwise, are
179 ready and in place if sections 2, 4, and 6, or sections 1, 3,
180 and 5 of this act become law.
181 (2) Notwithstanding any other provision of law, such
182 emergency rules shall remain in effect for 18 months after the
183 date of adoption and may be renewed during the pendency of
184 procedures to adopt rules addressing the subject of the
185 emergency rules.
186 Section 8. If House Joint Resolution 381 or Senate Joint
187 Resolution 658, 2011 Regular Session, is approved by a vote of
188 the electors in a special election held concurrent with the
189 presidential preference primary in 2012 or in the general
190 election held in November 2012, section 218.12, Florida
191 Statutes, is amended to read:
192 218.12 Appropriations to offset reductions in ad valorem
193 tax revenue in fiscally constrained counties.—
194 (1)(a) Beginning in fiscal year 2008-2009, the Legislature
195 shall appropriate moneys to offset the reductions in ad valorem
196 tax revenue experienced by fiscally constrained counties, as
197 defined in s. 218.67(1), which occur as a direct result of the
198 implementation of revisions of Art. VII of the State
199 Constitution approved in the special election held on January
200 29, 2008. The moneys appropriated for this purpose shall be
201 distributed in January of each fiscal year among the fiscally
202 constrained counties based on each county’s proportion of the
203 total reduction in ad valorem tax revenue resulting from the
204 implementation of the revision.
205 (b)(2) On or before November 15 of each year, beginning in
206 2008, each fiscally constrained county shall apply to the
207 Department of Revenue to participate in the distribution of the
208 appropriation and provide documentation supporting the county’s
209 estimated reduction in ad valorem tax revenue in the form and
210 manner prescribed by the Department of Revenue. The
211 documentation must include an estimate of the reduction in
212 taxable value directly attributable to revisions of Art. VII of
213 the State Constitution for all county taxing jurisdictions
214 within the county and shall be prepared by the property
215 appraiser in each fiscally constrained county. The documentation
216 must also include the county millage rates applicable in all
217 such jurisdictions for both the current year and the prior year;
218 rolled-back rates, determined as provided in s. 200.065, for
219 each county taxing jurisdiction; and maximum millage rates that
220 could have been levied by majority vote pursuant to s. 200.185.
221 For purposes of this section, each fiscally constrained county’s
222 reduction in ad valorem tax revenue shall be calculated as 95
223 percent of the estimated reduction in taxable value times the
224 lesser of the 2007 applicable millage rate or the applicable
225 millage rate for each county taxing jurisdiction in the prior
226 year.
227 (c)(3) In determining the reductions in ad valorem tax
228 revenues occurring as a result of the implementation of the
229 revisions to Art. VII of the State Constitution approved in the
230 special election held on January 29, 2008, the value of
231 assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
232 State Constitution shall include only the reduction in taxable
233 value for homesteads established January 1 of the year in which
234 the determination is being made.
235 (2)(a) Beginning in the 2012-2013 fiscal year, the
236 Legislature shall appropriate moneys to offset the reductions in
237 ad valorem tax revenue experienced by fiscally constrained
238 counties, as defined in s. 218.67(1), which occur as a direct
239 result of the implementation of the revision of Art. VII of the
240 State Constitution contained in SJR 658 or HJR 381, 2011 Regular
241 Session. The moneys appropriated for this purpose shall be
242 distributed among the fiscally constrained counties based on
243 each county’s proportion of the total reduction in ad valorem
244 tax revenue resulting from the implementation of the revision.
245 (b) On or before February 1 each year, each fiscally
246 constrained county shall apply to the Executive Office of the
247 Governor to participate in the distribution of the appropriation
248 and provide documentation supporting the county’s estimated
249 reduction in ad valorem tax revenue to the Executive Office of
250 the Governor.
251 Section 9. This act shall take effect upon becoming a law,
252 except that the sections of this act which take effect upon the
253 approval of House Joint Resolution 381 or Senate Joint
254 Resolution 658, 2011 Regular Session, by a vote of the electors
255 in a special election held concurrent with the presidential
256 preference primary in 2012 apply retroactively to the 2012 tax
257 roll if the revision of the State Constitution contained in
258 House Joint Resolution 381 or Senate Joint Resolution 658, 2011
259 Regular Session, is approved by a vote of the electors in a
260 special election held concurrent with the presidential
261 preference primary in 2012; or the sections of this act which
262 take effect upon the approval of House Joint Resolution 381 or
263 Senate Joint Resolution 658, 2011 Regular Session, by a vote of
264 the electors in the general election held in November 2012 apply
265 to the 2013 tax roll if the revision of the State Constitution
266 contained in House Joint Resolution 381 or Senate Joint
267 Resolution 658, 2011 Regular Session, is approved by a vote of
268 the electors in the general election held in November 2012.