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 a the possessor 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
   57  outstanding taxes 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 appraiser
  112  improperly grants the property assessment limitation as a result
  113  of a clerical mistake or an omission, the person or entity
  114  improperly receiving the property assessment limitation may not
  115  be 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
  401  which is 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 property previously assessed 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 $500 of 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.