Florida Senate - 2017 CS for SB 226 By the Committee on Judiciary; and Senator Artiles 590-02728-17 2017226c1 1 A bill to be entitled 2 An act relating to property taxes; amending s. 95.18, 3 F.S.; providing that a possessor of real property for 4 7 years must pay all delinquent taxes prior to 5 claiming adverse possession; amending ss. 193.155, 6 193.703, 196.011, and 196.075, F.S.; providing 7 criteria under which a property appraiser must waive 8 unpaid penalties and interest for improper nonpayment 9 or reduction payment of ad valorem taxes by certain 10 property owners claiming a homestead exemption; 11 prohibiting such waiver under certain circumstances; 12 amending s. 194.011, F.S.; authorizing petitioners, 13 upon a certain showing of extenuating circumstances, 14 to file petitions with value adjustment boards within 15 a specified timeframe after certain deadlines, subject 16 to certain limitations; amending s. 194.032, F.S.; 17 providing construction relating to the rescheduling of 18 certain hearings for good cause; authorizing property 19 appraisers and certain entities to identify a 20 specified number of days per roll year in which they 21 are unavailable for hearings; amending s. 194.035, 22 F.S.; specifying the circumstances under which a 23 special magistrate’s appraisal may not be submitted as 24 evidence to a value adjustment board; 196.012, F.S.; 25 redefining the terms “educational institution” and 26 “charitable purpose”; amending s. 196.183, F.S.; 27 providing that property owners assessed, rather than 28 previously assessed, by property appraisers without a 29 certain return filed may qualify for an exemption for 30 tangible personal property under certain 31 circumstances; amending s. 196.198, F.S.; revising a 32 tax exemption for educational institutions to provide 33 that property used predominantly for educational 34 purposes is exempt from taxation in proportion to the 35 extent of such use; amending s. 196.202, F.S.; 36 revising the value of property of widows, widowers, 37 blind persons, and persons totally and permanently 38 disabled which is exempt from taxation; amending s. 39 200.069, F.S.; requiring property appraisers to 40 include only certain statements in certain mailed 41 notices; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Subsection (1) of section 95.18, Florida 46 Statutes, is amended to read: 47 95.18 Real property actions; adverse possession without 48 color of title.— 49 (1) When athepossessor has been in actual continued 50 possession of real property for 7 years under a claim of title 51 exclusive of any other right, but not founded on a written 52 instrument, judgment, or decree, or when those under whom the 53 possessor claims meet these criteria, the property actually 54 possessed is held adversely if the person claiming adverse 55 possession: 56 (a) Paid, subject to s. 197.3335, all delinquent 57outstandingtaxes and matured installments of special 58 improvement liens levied against the property by the state, 59 county, and municipality within 1 year after entering into 60 possession; 61 (b) Made a return, as required under subsection (3), of the 62 property by proper legal description to the property appraiser 63 of the county where it is located within 30 days after complying 64 with paragraph (a); and 65 (c) Has subsequently paid, subject to s. 197.3335, all 66 taxes and matured installments of special improvement liens 67 levied against the property by the state, county, and 68 municipality for all remaining years necessary to establish a 69 claim of adverse possession. 70 Section 2. Subsection (10) of section 193.155, Florida 71 Statutes, is amended to read: 72 193.155 Homestead assessments.—Homestead property shall be 73 assessed at just value as of January 1, 1994. Property receiving 74 the homestead exemption after January 1, 1994, shall be assessed 75 at just value as of January 1 of the year in which the property 76 receives the exemption unless the provisions of subsection (8) 77 apply. 78 (10)(a) If the property appraiser determines that for any 79 year or years within the prior 10 years a person who was not 80 entitled to the homestead property assessment limitation granted 81 under this section was granted the homestead property assessment 82 limitation, the property appraiser making such determination 83 shall serve upon the owner a notice of intent to record in the 84 public records of the county a notice of tax lien against any 85 property owned by that person in the county, and such property 86 must be identified in the notice of tax lien. Such property that 87 is situated in this state is subject to the unpaid taxes, plus a 88 penalty of 50 percent of the unpaid taxes for each year and 15 89 percent interest per annum. However, when a person entitled to 90 exemption pursuant to s. 196.031 inadvertently receives the 91 limitation pursuant to this section following a change of 92 ownership, the assessment of such property must be corrected as 93 provided in paragraph (9)(a), and the person need not pay the 94 unpaid taxes, penalties, or interest. The property appraiser 95 shall waive the unpaid penalties and interest if the property 96 appraiser determines that the person qualified for the property 97 assessment limitation at the time the application was filed; the 98 person acted in good faith; and, other than the improperly 99 received tax savings, the person did not receive any additional 100 financial benefit, such as rental payments or other income. The 101 property appraiser may not waive penalty or interest if the 102 person claimed a homestead-related exemption, limitation, or 103 reduction on another property. 104 (b) If the property appraiser improperly grants the 105 property assessment limitation as a result of a clerical mistake 106 or an omission, the person or entity improperly receiving the 107 property assessment limitation may not be assessed a penalty or 108 interest. 109 (c) Before a lien may be filed, the person or entity so 110 notified must be given 30 days to pay the taxes and any 111 applicable penalties and interest.If the property appraiser112improperly grants the property assessment limitation as a result113of a clerical mistake or an omission, the person or entity114improperly receiving the property assessment limitation may not115be assessed a penalty or interest.116 Section 3. Subsection (7) of section 193.703, Florida 117 Statutes, is amended to read: 118 193.703 Reduction in assessment for living quarters of 119 parents or grandparents.— 120 (7)(a) If the property appraiser determines that for any 121 year within the previous 10 years a property owner who was not 122 entitled to a reduction in assessed value under this section was 123 granted such reduction, the property appraiser shall serve on 124 the owner a notice of intent to record in the public records of 125 the county a notice of tax lien against any property owned by 126 that person in the county, and that property must be identified 127 in the notice of tax lien. Any property that is owned by that 128 person and is situated in this state is subject to the taxes 129 exempted by the improper reduction, plus a penalty of 50 percent 130 of the unpaid taxes for each year and interest at a rate of 15 131 percent per annum. The property appraiser shall waive the unpaid 132 penalties and interest if the property appraiser determines that 133 the person qualified for the reduction at the time the 134 application was filed; the person acted in good faith; and, 135 other than the improperly received tax savings, the person did 136 not receive any additional financial benefit, such as rental 137 payments or other income. The property appraiser may not waive 138 penalty or interest if the person claimed a homestead-related 139 exemption, limitation, or reduction on another property. 140 (b) However, if a reduction is improperly granted due to a 141 clerical mistake or an omission by the property appraiser, the 142 person who improperly received the reduction may not be assessed 143 a penalty or interest. 144 (c) Before such lien may be filed, the owner must be given 145 30 days within which to pay the taxes, penalties, and interest. 146 Such lien is subject to s. 196.161(3). 147 Section 4. Paragraph (d) of subsection (3) of section 148 194.011, Florida Statutes, is amended to read: 149 194.011 Assessment notice; objections to assessments.— 150 (3) A petition to the value adjustment board must be in 151 substantially the form prescribed by the department. 152 Notwithstanding s. 195.022, a county officer may not refuse to 153 accept a form provided by the department for this purpose if the 154 taxpayer chooses to use it. A petition to the value adjustment 155 board must be signed by the taxpayer or be accompanied at the 156 time of filing by the taxpayer’s written authorization or power 157 of attorney, unless the person filing the petition is listed in 158 s. 194.034(1)(a). A person listed in s. 194.034(1)(a) may file a 159 petition with a value adjustment board without the taxpayer’s 160 signature or written authorization by certifying under penalty 161 of perjury that he or she has authorization to file the petition 162 on behalf of the taxpayer. If a taxpayer notifies the value 163 adjustment board that a petition has been filed for the 164 taxpayer’s property without his or her consent, the value 165 adjustment board may require the person filing the petition to 166 provide written authorization from the taxpayer authorizing the 167 person to proceed with the appeal before a hearing is held. If 168 the value adjustment board finds that a person listed in s. 169 194.034(1)(a) willfully and knowingly filed a petition that was 170 not authorized by the taxpayer, the value adjustment board shall 171 require such person to provide the taxpayer’s written 172 authorization for representation to the value adjustment board 173 clerk before any petition filed by that person is heard, for 1 174 year after imposition of such requirement by the value 175 adjustment board. A power of attorney or written authorization 176 is valid for 1 assessment year, and a new power of attorney or 177 written authorization by the taxpayer is required for each 178 subsequent assessment year. A petition shall also describe the 179 property by parcel number and shall be filed as follows: 180 (d) The petition may be filed, as to valuation issues, at 181 any time during the taxable year on or before the 25th day 182 following the mailing of notice by the property appraiser as 183 provided in subsection (1). With respect to an issue involving 184 the denial of an exemption, an agricultural or high-water 185 recharge classification application, an application for 186 classification as historic property used for commercial or 187 certain nonprofit purposes, or a deferral, the petition must be 188 filed at any time during the taxable year on or before the 30th 189 day following the mailing of the notice by the property 190 appraiser under s. 193.461, s. 193.503, s. 193.625, s. 196.173, 191 or s. 196.193 or notice by the tax collector under s. 197.2425. 192 Upon a showing of extenuating circumstances demonstrating to the 193 value adjustment board that the petitioner was unable to file a 194 petition in a timely manner, the petitioner may file a petition 195 up to 60 days after the deadline; however, the value adjustment 196 board is not required to delay proceedings for the 60-day 197 timeframe and no late petition is authorized after the value 198 adjustment board has concluded its review of petitions. 199 Section 5. Paragraph (a) of subsection (2) of section 200 194.032, Florida Statutes, is amended to read: 201 194.032 Hearing purposes; timetable.— 202 (2)(a) The clerk of the governing body of the county shall 203 prepare a schedule of appearances before the board based on 204 petitions timely filed with him or her. The clerk shall notify 205 each petitioner of the scheduled time of his or her appearance 206 at least 25 calendar days before the day of the scheduled 207 appearance. The notice must indicate whether the petition has 208 been scheduled to be heard at a particular time or during a 209 block of time. If the petition has been scheduled to be heard 210 within a block of time, the beginning and ending of that block 211 of time must be indicated on the notice; however, as provided in 212 paragraph (b), a petitioner may not be required to wait for more 213 than a reasonable time, not to exceed 2 hours, after the 214 beginning of the block of time. The property appraiser must 215 provide a copy of the property record card containing 216 information relevant to the computation of the current 217 assessment, with confidential information redacted, to the 218 petitioner upon receipt of the petition from the clerk 219 regardless of whether the petitioner initiates evidence 220 exchange, unless the property record card is available online 221 from the property appraiser, in which case the property 222 appraiser must notify the petitioner that the property record 223 card is available online. The petitioner and the property 224 appraiser may each reschedule the hearing a single time for good 225 cause. As used in this paragraph, the term “good cause” means 226 circumstances beyond the control of the person seeking to 227 reschedule the hearing which reasonably prevent the party from 228 having adequate representation at the hearing. However, the term 229 does not include being scheduled for two separate hearings in 230 different jurisdictions at the same time or date, unless the 231 hearings involve the same petitioner or the property appraiser 232 and petitioner agree to reschedule the hearing. Before the 233 commencement of hearings for the value adjustment board roll 234 year, the property appraiser and the individual, agent, or legal 235 entity that signed the petition may identify up to 10 business 236 days per roll year in which they are unavailable for hearings. 237 If the hearing is rescheduled by the petitioner or the property 238 appraiser, the clerk shall notify the petitioner of the 239 rescheduled time of his or her appearance at least 15 calendar 240 days before the day of the rescheduled appearance, unless this 241 notice is waived by both parties. 242 Section 6. Subsection (1) of section 194.035, Florida 243 Statutes, is amended to read: 244 194.035 Special magistrates; property evaluators.— 245 (1) In counties having a population of more than 75,000, 246 the board shall appoint special magistrates for the purpose of 247 taking testimony and making recommendations to the board, which 248 recommendations the board may act upon without further hearing. 249 These special magistrates may not be elected or appointed 250 officials or employees of the county but shall be selected from 251 a list of those qualified individuals who are willing to serve 252 as special magistrates. Employees and elected or appointed 253 officials of a taxing jurisdiction or of the state may not serve 254 as special magistrates. The clerk of the board shall annually 255 notify such individuals or their professional associations to 256 make known to them that opportunities to serve as special 257 magistrates exist. The Department of Revenue shall provide a 258 list of qualified special magistrates to any county with a 259 population of 75,000 or less. Subject to appropriation, the 260 department shall reimburse counties with a population of 75,000 261 or less for payments made to special magistrates appointed for 262 the purpose of taking testimony and making recommendations to 263 the value adjustment board pursuant to this section. The 264 department shall establish a reasonable range for payments per 265 case to special magistrates based on such payments in other 266 counties. Requests for reimbursement of payments outside this 267 range shall be justified by the county. If the total of all 268 requests for reimbursement in any year exceeds the amount 269 available pursuant to this section, payments to all counties 270 shall be prorated accordingly. If a county having a population 271 less than 75,000 does not appoint a special magistrate to hear 272 each petition, the person or persons designated to hear 273 petitions before the value adjustment board or the attorney 274 appointed to advise the value adjustment board shall attend the 275 training provided pursuant to subsection (3), regardless of 276 whether the person would otherwise be required to attend, but 277 shall not be required to pay the tuition fee specified in 278 subsection (3). A special magistrate appointed to hear issues of 279 exemptions, classifications, and determinations that a change of 280 ownership, a change of ownership or control, or a qualifying 281 improvement has occurred shall be a member of The Florida Bar 282 with no less than 5 years’ experience in the area of ad valorem 283 taxation. A special magistrate appointed to hear issues 284 regarding the valuation of real estate shall be a state 285 certified real estate appraiser with not less than 5 years’ 286 experience in real property valuation. A special magistrate 287 appointed to hear issues regarding the valuation of tangible 288 personal property shall be a designated member of a nationally 289 recognized appraiser’s organization with not less than 5 years’ 290 experience in tangible personal property valuation. A special 291 magistrate need not be a resident of the county in which he or 292 she serves. A special magistrate may not represent a person 293 before the board in any tax year during which he or she has 294 served that board as a special magistrate. An appraisal 295 performed by a special magistrate may not be submitted as 296 evidence to the value adjustment board in any roll year during 297 which he or she has served that board as a special magistrate. 298 Before appointing a special magistrate, a value adjustment board 299 shall verify the special magistrate’s qualifications. The value 300 adjustment board shall ensure that the selection of special 301 magistrates is based solely upon the experience and 302 qualifications of the special magistrate and is not influenced 303 by the property appraiser. The special magistrate shall 304 accurately and completely preserve all testimony and, in making 305 recommendations to the value adjustment board, shall include 306 proposed findings of fact, conclusions of law, and reasons for 307 upholding or overturning the determination of the property 308 appraiser. The expense of hearings before magistrates and any 309 compensation of special magistrates shall be borne three-fifths 310 by the board of county commissioners and two-fifths by the 311 school board. When appointing special magistrates or when 312 scheduling special magistrates for specific hearings, the board, 313 the board attorney, and the board clerk may not consider the 314 dollar amount or percentage of any assessment reductions 315 recommended by any special magistrate in the current year or in 316 any previous year. 317 Section 7. Paragraph (a) of subsection (9) of section 318 196.011, Florida Statutes, is amended to read: 319 196.011 Annual application required for exemption.— 320 (9)(a) A county may, at the request of the property 321 appraiser and by a majority vote of its governing body, waive 322 the requirement that an annual application or statement be made 323 for exemption of property within the county after an initial 324 application is made and the exemption granted. The waiver under 325 this subsection of the annual application or statement 326 requirement applies to all exemptions under this chapter except 327 the exemption under s. 196.1995. Notwithstanding such waiver, 328 refiling of an application or statement shall be required when 329 any property granted an exemption is sold or otherwise disposed 330 of, when the ownership changes in any manner, when the applicant 331 for homestead exemption ceases to use the property as his or her 332 homestead, or when the status of the owner changes so as to 333 change the exempt status of the property. In its deliberations 334 on whether to waive the annual application or statement 335 requirement, the governing body shall consider the possibility 336 of fraudulent exemption claims which may occur due to the waiver 337 of the annual application requirement. The owner of any property 338 granted an exemption who is not required to file an annual 339 application or statement shall notify the property appraiser 340 promptly whenever the use of the property or the status or 341 condition of the owner changes so as to change the exempt status 342 of the property. If any property owner fails to so notify the 343 property appraiser and the property appraiser determines that 344 for any year within the prior 10 years the owner was not 345 entitled to receive such exemption, the owner of the property is 346 subject to the taxes exempted as a result of such failure plus 347 15 percent interest per annum and a penalty of 50 percent of the 348 taxes exempted. Except for homestead exemptions controlled by s. 349 196.161, the property appraiser making such determination shall 350 record in the public records of the county a notice of tax lien 351 against any property owned by that person or entity in the 352 county, and such property must be identified in the notice of 353 tax lien. Such property is subject to the payment of all taxes 354 and penalties. Such lien when filed shall attach to any 355 property, identified in the notice of tax lien, owned by the 356 person who illegally or improperly received the exemption. If 357 such person no longer owns property in that county but owns 358 property in some other county or counties in the state, the 359 property appraiser shall record a notice of tax lien in such 360 other county or counties, identifying the property owned by such 361 person or entity in such county or counties, and it shall become 362 a lien against such property in such county or counties. The 363 property appraiser shall waive the unpaid penalties and interest 364 if the property appraiser determines that the person qualified 365 for the exemption at the time the application was filed; the 366 person acted in good faith; and, other than the improperly 367 received tax savings, the person did not receive any additional 368 financial benefit, such as rental payments or other income. The 369 property appraiser may not waive penalty or interest if the 370 person claimed a similar exemption, limitation, or reduction on 371 another property, such as two homestead-related exemptions. 372 Section 8. Subsections (5) and (7) of section 196.012, 373 Florida Statutes, are amended to read: 374 196.012 Definitions.—For the purpose of this chapter, the 375 following terms are defined as follows, except where the context 376 clearly indicates otherwise: 377 (5) “Educational institution” means a federal, state, 378 parochial, church, or private school, college, or university 379 conducting regular classes and courses of study required for 380 eligibility to certification by, accreditation to, or membership 381 in the State Department of Education of Florida, Southern 382 Association of Colleges and Schools, or the Florida Council of 383 Independent Schools; a nonprofit private school the principal 384 activity of which is conducting regular classes and courses of 385 study accepted for continuing postgraduate dental education 386 credit by a board of the Division of Medical Quality Assurance; 387 educational direct-support organizations created pursuant to ss. 388 1001.24, 1004.28, and 1004.70; a nonprofit entity that issues 389 industry certifications identified by the Chancellor of Career 390 and Adult Education as being eligible for workforce education 391 funding per approval by the State Board of Education pursuant to 392 s. 1008.44 or its successor; a nonprofit entity that has entered 393 into statewide articulation agreements with the State Board of 394 Education for articulation of postsecondary credit for related 395 degrees for approved industry certifications; facilities located 396 on the property of eligible entities which will become owned by 397 those entities on a date certain; and institutions of higher 398 education, as defined under and participating in the Higher 399 Educational Facilities Financing Act. 400 (7) “Charitable purpose” means a function or service that 401whichis of such a community service that its discontinuance 402 could legally result in the allocation of public funds for the 403 continuance of the function or service. It is not necessary that 404 public funds be allocated for such function or service but only 405 that any such allocation would be legal. If a nonprofit entity 406 receives a determination from the Internal Revenue Service that 407 it is exempt from federal income tax under s. 501(a) of the 408 Internal Revenue Code as an organization described in s. 409 501(c)(3) of that code, a rebuttable presumption of charitable 410 purpose exists for purposes of this chapter. The presumption may 411 be rebutted by the property appraiser with clear and convincing 412 evidence. 413 Section 9. Subsection (9) of section 196.075, Florida 414 Statutes, is amended to read: 415 196.075 Additional homestead exemption for persons 65 and 416 older.— 417 (9)(a) If the property appraiser determines that for any 418 year within the immediately previous 10 years a person who was 419 not entitled to the additional homestead exemption under this 420 section was granted such an exemption, the property appraiser 421 shall serve upon the owner a notice of intent to record in the 422 public records of the county a notice of tax lien against any 423 property owned by that person in the county, and that property 424 must be identified in the notice of tax lien. Any property that 425 is owned by the taxpayer and is situated in this state is 426 subject to the taxes exempted by the improper homestead 427 exemption, plus a penalty of 50 percent of the unpaid taxes for 428 each year and interest at a rate of 15 percent per annum. The 429 property appraiser shall waive the unpaid penalties and interest 430 if the property appraiser determines that the person qualified 431 for the exemption at the time the application was filed; the 432 person acted in good faith; and, other than the improperly 433 received tax savings, the person did not receive any additional 434 financial benefit, such as rental payments or other income. The 435 property appraiser may not waive penalty or interest if the 436 person claimed a homestead-related exemption, limitation, or 437 reduction on another property. 438 (b) However, if such an exemption is improperly granted as 439 a result of a clerical mistake or an omission by the property 440 appraiser, the person who improperly received the exemption may 441 not be assessed a penalty and interest. 442 (c) Before any such lien may be filed, the owner must be 443 given 30 days within which to pay the taxes, penalties, and 444 interest. Such a lien is subject to the procedures and 445 provisions set forth in s. 196.161(3). 446 Section 10. Subsection (4) of section 196.183, Florida 447 Statutes, is amended to read: 448 196.183 Exemption for tangible personal property.— 449 (4) Owners of propertypreviouslyassessed by the property 450 appraiser without a return being filed may, at the option of the 451 property appraiser, qualify for the exemption under this section 452 without filing an initial return. 453 Section 11. Section 196.198, Florida Statutes, is amended 454 to read: 455 196.198 Educational property exemption.—Educational 456 institutions within this state and their property used by them 457 or by any other exempt entity or educational institution 458 predominantly or exclusively for educational purposes are exempt 459 from taxation in proportion to the extent of the exempt use of 460 property, as defined in s. 196.012. Sheltered workshops 461 providing rehabilitation and retraining of individuals who have 462 disabilities and exempted by a certificate under s. (d) of the 463 federal Fair Labor Standards Act of 1938, as amended, are 464 declared wholly educational in purpose and are exempt from 465 certification, accreditation, and membership requirements set 466 forth in s. 196.012. Those portions of property of college 467 fraternities and sororities certified by the president of the 468 college or university to the appropriate property appraiser as 469 being essential to the educational process are exempt from ad 470 valorem taxation. The use of property by public fairs and 471 expositions chartered by chapter 616 is presumed to be an 472 educational use of such property and is exempt from ad valorem 473 taxation to the extent of such use. Property used exclusively 474 for educational purposes shall be deemed owned by an educational 475 institution if the entity owning 100 percent of the educational 476 institution is owned by the identical persons who own the 477 property, or if the entity owning 100 percent of the educational 478 institution and the entity owning the property are owned by the 479 identical natural persons. Land, buildings, and other 480 improvements to real property used exclusively for educational 481 purposes shall be deemed owned by an educational institution if 482 the entity owning 100 percent of the land is a nonprofit entity 483 and the land is used, under a ground lease or other contractual 484 arrangement, by an educational institution that owns the 485 buildings and other improvements to the real property, is a 486 nonprofit entity under s. 501(c)(3) of the Internal Revenue 487 Code, and provides education limited to students in 488 prekindergarten through grade 8. If legal title to property is 489 held by a governmental agency that leases the property to a 490 lessee, the property shall be deemed to be owned by the 491 governmental agency and used exclusively for educational 492 purposes if the governmental agency continues to use such 493 property exclusively for educational purposes pursuant to a 494 sublease or other contractual agreement with that lessee. If the 495 title to land is held by the trustee of an irrevocable inter 496 vivos trust and if the trust grantor owns 100 percent of the 497 entity that owns an educational institution that is using the 498 land exclusively for educational purposes, the land is deemed to 499 be property owned by the educational institution for purposes of 500 this exemption. Property owned by an educational institution 501 shall be deemed to be used for an educational purpose if the 502 institution has taken affirmative steps to prepare the property 503 for educational use. The term “affirmative steps” means 504 environmental or land use permitting activities, creation of 505 architectural plans or schematic drawings, land clearing or site 506 preparation, construction or renovation activities, or other 507 similar activities that demonstrate commitment of the property 508 to an educational use. 509 Section 12. Subsection (1) of section 196.202, Florida 510 Statutes, is amended to read: 511 196.202 Property of widows, widowers, blind persons, and 512 persons totally and permanently disabled.— 513 (1) Property to the value of $5,000$500of every widow, 514 widower, blind person, or totally and permanently disabled 515 person who is a bona fide resident of this state is exempt from 516 taxation. As used in this section, the term “totally and 517 permanently disabled person” means a person who is currently 518 certified by a physician licensed in this state, by the United 519 States Department of Veterans Affairs or its predecessor, or by 520 the Social Security Administration to be totally and permanently 521 disabled. 522 Section 13. Section 200.069, Florida Statutes, is amended 523 to read: 524 200.069 Notice of proposed property taxes and non-ad 525 valorem assessments.—Pursuant to s. 200.065(2)(b), the property 526 appraiser, in the name of the taxing authorities and local 527 governing boards levying non-ad valorem assessments within his 528 or her jurisdiction and at the expense of the county, shall 529 prepare and deliver by first-class mail to each taxpayer to be 530 listed on the current year’s assessment roll a notice of 531 proposed property taxes, which notice shall contain the elements 532 and use the format provided in the following form. 533 Notwithstanding the provisions of s. 195.022, no county officer 534 shall use a form other than that provided herein. The Department 535 of Revenue may adjust the spacing and placement on the form of 536 the elements listed in this section as it considers necessary 537 based on changes in conditions necessitated by various taxing 538 authorities. If the elements are in the order listed, the 539 placement of the listed columns may be varied at the discretion 540 and expense of the property appraiser, and the property 541 appraiser may use printing technology and devices to complete 542 the form, the spacing, and the placement of the information in 543 the columns. In addition, the property appraiser may only 544 include in the mailing of the notice of ad valorem taxes and 545 non-ad valorem assessments additional statements explaining any 546 item on the notice. A county officer may use a form other than 547 that provided by the department for purposes of this part, but 548 only if his or her office pays the related expenses and he or 549 she obtains prior written permission from the executive director 550 of the department; however, a county officer may not use a form 551 the substantive content of which is at variance with the form 552 prescribed by the department. The county officer may continue to 553 use such an approved form until the law that specifies the form 554 is amended or repealed or until the officer receives written 555 disapproval from the executive director. 556 (1) The first page of the notice shall read: 557 NOTICE OF PROPOSED PROPERTY TAXES 558 DO NOT PAY—THIS IS NOT A BILL 559 The taxing authorities which levy property taxes against 560 your property will soon hold PUBLIC HEARINGS to adopt budgets 561 and tax rates for the next year. 562 The purpose of these PUBLIC HEARINGS is to receive opinions 563 from the general public and to answer questions on the proposed 564 tax change and budget PRIOR TO TAKING FINAL ACTION. 565 Each taxing authority may AMEND OR ALTER its proposals at 566 the hearing. 567 (2)(a) The notice shall include a brief legal description 568 of the property, the name and mailing address of the owner of 569 record, and the tax information applicable to the specific 570 parcel in question. The information shall be in columnar form. 571 There shall be seven column headings which shall read: “Taxing 572 Authority,” “Your Property Taxes Last Year,” “Last Year’s 573 Adjusted Tax Rate (Millage),” “Your Taxes This Year IF NO Budget 574 Change Is Adopted,” “Tax Rate This Year IF PROPOSED Budget Is 575 Adopted (Millage),” “Your Taxes This Year IF PROPOSED Budget 576 Change Is Adopted,” and “A Public Hearing on the Proposed Taxes 577 and Budget Will Be Held:.” 578 (b) As used in this section, the term “last year’s adjusted 579 tax rate” means the rolled-back rate calculated pursuant to s. 580 200.065(1). 581 (3) There shall be under each column heading an entry for 582 the county; the school district levy required pursuant to s. 583 1011.60(6); other operating school levies; the municipality or 584 municipal service taxing unit or units in which the parcel lies, 585 if any; the water management district levying pursuant to s. 586 373.503; the independent special districts in which the parcel 587 lies, if any; and for all voted levies for debt service 588 applicable to the parcel, if any. 589 (4) For each entry listed in subsection (3), there shall 590 appear on the notice the following: 591 (a) In the first column, a brief, commonly used name for 592 the taxing authority or its governing body. The entry in the 593 first column for the levy required pursuant to s. 1011.60(6) 594 shall be “By State Law.” The entry for other operating school 595 district levies shall be “By Local Board.” Both school levy 596 entries shall be indented and preceded by the notation “Public 597 Schools:”. For each voted levy for debt service, the entry shall 598 be “Voter Approved Debt Payments.” 599 (b) In the second column, the gross amount of ad valorem 600 taxes levied against the parcel in the previous year. If the 601 parcel did not exist in the previous year, the second column 602 shall be blank. 603 (c) In the third column, last year’s adjusted tax rate or, 604 in the case of voted levies for debt service, the tax rate 605 previously authorized by referendum. 606 (d) In the fourth column, the gross amount of ad valorem 607 taxes which will apply to the parcel in the current year if each 608 taxing authority levies last year’s adjusted tax rate or, in the 609 case of voted levies for debt service, the amount previously 610 authorized by referendum. 611 (e) In the fifth column, the tax rate that each taxing 612 authority must levy against the parcel to fund the proposed 613 budget or, in the case of voted levies for debt service, the tax 614 rate previously authorized by referendum. 615 (f) In the sixth column, the gross amount of ad valorem 616 taxes that must be levied in the current year if the proposed 617 budget is adopted. 618 (g) In the seventh column, the date, the time, and a brief 619 description of the location of the public hearing required 620 pursuant to s. 200.065(2)(c). 621 (5) Following the entries for each taxing authority, a 622 final entry shall show: in the first column, the words “Total 623 Property Taxes:” and in the second, fourth, and sixth columns, 624 the sum of the entries for each of the individual taxing 625 authorities. The second, fourth, and sixth columns shall, 626 immediately below said entries, be labeled Column 1, Column 2, 627 and Column 3, respectively. Below these labels shall appear, in 628 boldfaced type, the statement: SEE REVERSE SIDE FOR EXPLANATION. 629 (6)(a) The second page of the notice shall state the 630 parcel’s market value and for each taxing authority that levies 631 an ad valorem tax against the parcel: 632 1. The assessed value, value of exemptions, and taxable 633 value for the previous year and the current year. 634 2. Each assessment reduction and exemption applicable to 635 the property, including the value of the assessment reduction or 636 exemption and tax levies to which they apply. 637 (b) The reverse side of the second page shall contain 638 definitions and explanations for the values included on the 639 front side. 640 (7) The following statement shall appear after the values 641 listed on the front of the second page: 642 If you feel that the market value of your property is 643 inaccurate or does not reflect fair market value, or if you are 644 entitled to an exemption or classification that is not reflected 645 above, contact your county property appraiser at ...(phone 646 number)... or ...(location).... 647 If the property appraiser’s office is unable to resolve the 648 matter as to market value, classification, or an exemption, you 649 may file a petition for adjustment with the Value Adjustment 650 Board. Petition forms are available from the county property 651 appraiser and must be filed ON OR BEFORE ...(date).... 652 (8) The reverse side of the first page of the form shall 653 read: 654 EXPLANATION 655 *COLUMN 1—“YOUR PROPERTY TAXES LAST YEAR” 656 This column shows the taxes that applied last year to your 657 property. These amounts were based on budgets adopted last year 658 and your property’s previous taxable value. 659 *COLUMN 2—“YOUR TAXES IF NO BUDGET CHANGE IS ADOPTED” 660 This column shows what your taxes will be this year IF EACH 661 TAXING AUTHORITY DOES NOT CHANGE ITS PROPERTY TAX LEVY. These 662 amounts are based on last year’s budgets and your current 663 assessment. 664 *COLUMN 3—“YOUR TAXES IF PROPOSED BUDGET CHANGE IS ADOPTED” 665 This column shows what your taxes will be this year under the 666 BUDGET ACTUALLY PROPOSED by each local taxing authority. The 667 proposal is NOT final and may be amended at the public hearings 668 shown on the front side of this notice. The difference between 669 columns 2 and 3 is the tax change proposed by each local taxing 670 authority and is NOT the result of higher assessments. 671 *Note: Amounts shown on this form do NOT reflect early payment 672 discounts you may have received or may be eligible to receive. 673 (Discounts are a maximum of 4 percent of the amounts shown on 674 this form.) 675 (9) The bottom portion of the notice shall further read in 676 bold, conspicuous print: 677 “Your final tax bill may contain non-ad valorem assessments 678 which may not be reflected on this notice such as assessments 679 for roads, fire, garbage, lighting, drainage, water, sewer, or 680 other governmental services and facilities which may be levied 681 by your county, city, or any special district.” 682 (10)(a) If requested by the local governing board levying 683 non-ad valorem assessments and agreed to by the property 684 appraiser, the notice specified in this section may contain a 685 notice of proposed or adopted non-ad valorem assessments. If so 686 agreed, the notice shall be titled: 687 NOTICE OF PROPOSED PROPERTY TAXES 688 AND PROPOSED OR ADOPTED 689 NON-AD VALOREM ASSESSMENTS 690 DO NOT PAY—THIS IS NOT A BILL 691 There must be a clear partition between the notice of proposed 692 property taxes and the notice of proposed or adopted non-ad 693 valorem assessments. The partition must be a bold, horizontal 694 line approximately 1/8-inch thick. By rule, the department shall 695 provide a format for the form of the notice of proposed or 696 adopted non-ad valorem assessments which meets the following 697 minimum requirements: 698 1. There must be subheading for columns listing the levying 699 local governing board, with corresponding assessment rates 700 expressed in dollars and cents per unit of assessment, and the 701 associated assessment amount. 702 2. The purpose of each assessment must also be listed in 703 the column listing the levying local governing board if the 704 purpose is not clearly indicated by the name of the board. 705 3. Each non-ad valorem assessment for each levying local 706 governing board must be listed separately. 707 4. If a county has too many municipal service benefit units 708 or assessments to be listed separately, it shall combine them by 709 function. 710 5. A brief statement outlining the responsibility of the 711 tax collector and each levying local governing board as to any 712 non-ad valorem assessment must be provided on the form, 713 accompanied by directions as to which office to contact for 714 particular questions or problems. 715 (b) If the notice includes all adopted non-ad valorem 716 assessments, the provisions contained in subsection (9) shall 717 not be placed on the notice. 718 Section 14. This act shall take effect July 1, 2017.