Florida Senate - 2013                                    SB 1830
       
       
       
       By the Committee on Appropriations
       
       
       
       
       576-03147-13                                          20131830__
    1                        A bill to be entitled                      
    2         An act relating to ad valorem taxation; amending s.
    3         192.047, F.S.; providing that the postmark date of
    4         commercial mail delivery service is considered the
    5         date of filing for certain ad valorem applications or
    6         returns; creating s. 192.048, F.S.; allowing certain
    7         ad valorem communications to be sent electronically in
    8         lieu of first-class mail; providing requirements;
    9         amending s. 193.122, F.S.; requiring a property
   10         appraiser to publish notices of date of tax roll
   11         certifications and extensions on the property
   12         appraiser’s website; amending s. 193.155, F.S.;
   13         providing that a change of ownership for purposes of
   14         assessing property at just value does not apply to
   15         lessees entitled to the homestead; extending the time
   16         for appealing a value adjustment board’s denial of a
   17         taxpayer’s application to transfer prior homestead
   18         assessment limitations to a new homestead; amending s.
   19         193.703, F.S.; authorizing a county to waive the
   20         annual application requirement for a reduction in the
   21         assessed value of homestead property used to provide
   22         living quarters for the parents or grandparents of the
   23         owner or spouse of the owner; requiring the property
   24         owner to notify the property appraiser if the
   25         reduction no longer applies; providing for tax,
   26         penalty, and interest assessments if the property
   27         owner improperly received reductions; providing for
   28         liens; amending s. 196.031, F.S.; deleting the express
   29         requirement that titleholders of homesteads live on
   30         the homestead in order to qualify for homestead tax
   31         exemption; amending s. 196.075, F.S., as amended by s.
   32         1 of chapter 2012-57, Laws of Florida; clarifying that
   33         local governments that provide additional homestead
   34         exemptions to persons 65 and older may provide
   35         exemptions up to a certain amount; amending s.
   36         196.1978, F.S.; removing the ability of a general
   37         partner classified as a 501(c)(3) organization to
   38         qualify as a limited partnership for the affordable
   39         housing property tax exemption; providing for
   40         retroactive application; amending s. 196.198, F.S.;
   41         clarifying the ownership of property used for
   42         education purposes and exempt from ad valorem
   43         taxation; amending s. 4 of chapter 2012-45, Laws of
   44         Florida; providing that taxes imposed by school
   45         districts in certain areas are not included in
   46         determining the taxes that must be transmitted to St.
   47         Lucie County pursuant to the transfer of property from
   48         St. Lucie County to Martin County; providing an
   49         effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Subsection (1) of section 192.047, Florida
   54  Statutes, is amended to read:
   55         192.047 Date of filing.—
   56         (1) For the purposes of ad valorem tax administration, the
   57  date of an official United States Postal Service or commercial
   58  mail delivery service postmark on of an application for
   59  exemption, an application for special assessment classification,
   60  or a return filed by mail is shall be considered the date of
   61  filing the application or return.
   62         Section 2. Section 192.048, Florida Statutes, is created to
   63  read:
   64         192.048 Electronic transmission.—
   65         (1) Subject to subsection (2), the following documents may
   66  be transmitted electronically rather than by regular mail:
   67         (a) The notice of proposed property taxes required under s.
   68  200.069.
   69         (b) The tax exemption renewal application required under s.
   70  196.011(6)(a).
   71         (c) The tax exemption renewal application required under s.
   72  196.011(6)(b).
   73         (d) A notification of an intent to deny a tax exemption
   74  required under s. 196.011(9)(e).
   75         (e) The decision of the value adjustment board required
   76  under s. 194.034(2).
   77         (2) Electronic transmission pursuant to this section is
   78  authorized only under the following conditions:
   79         (a) The recipient consents in writing to receiving the
   80  document electronically;
   81         (b) Before sending a document, the sender verifies the
   82  recipient’s address by sending an electronic transmission to the
   83  recipient and receiving an affirmative response from the
   84  recipient verifying that the recipient’s address is correct;
   85         (c) If a document is returned as undeliverable, the sender
   86  must send the document by regular mail, as required by law;
   87         (d) Documents sent pursuant to this section must comply
   88  with the same timing and form requirements as if the documents
   89  were sent by regular mail; and
   90         (e) The sender renews the consent and verification
   91  requirements every 5 years.
   92         Section 3. Subsection (2) of section 193.122, Florida
   93  Statutes, is amended to read:
   94         193.122 Certificates of value adjustment board and property
   95  appraiser; extensions on the assessment rolls.—
   96         (2) After the first certification of the tax rolls by the
   97  value adjustment board, the property appraiser shall make all
   98  required extensions on the rolls to show the tax attributable to
   99  all taxable property. Upon completion of these extensions, and
  100  upon satisfying himself or herself that all property is properly
  101  taxed, the property appraiser shall certify the tax rolls and
  102  shall within 1 week thereafter publish notice of the date and
  103  fact of extension and certification on the property appraiser’s
  104  website and in a periodical meeting the requirements of s.
  105  50.011 and publicly display a notice of the date of
  106  certification in the office of the property appraiser. The
  107  property appraiser shall also supply notice of the date of the
  108  certification to any taxpayer who requests one in writing. These
  109  certificates and notices shall be made in the form required by
  110  the department and shall be attached to each roll as required by
  111  the department by rule regulation.
  112         Section 4. Paragraph (a) of subsection (3) and paragraph
  113  (l) of subsection (8) of section 193.155, Florida Statutes, are
  114  amended to read:
  115         193.155 Homestead assessments.—Homestead property shall be
  116  assessed at just value as of January 1, 1994. Property receiving
  117  the homestead exemption after January 1, 1994, shall be assessed
  118  at just value as of January 1 of the year in which the property
  119  receives the exemption unless the provisions of subsection (8)
  120  apply.
  121         (3)(a) Except as provided in this subsection or subsection
  122  (8), property assessed under this section shall be assessed at
  123  just value as of January 1 of the year following a change of
  124  ownership. Thereafter, the annual changes in the assessed value
  125  of the property are subject to the limitations in subsections
  126  (1) and (2). For the purpose of this section, a change of
  127  ownership means any sale, foreclosure, or transfer of legal
  128  title or beneficial title in equity to any person, except as
  129  provided in this subsection. There is no change of ownership if:
  130         1. Subsequent to the change or transfer, the same person is
  131  entitled to the homestead exemption as was previously entitled
  132  and:
  133         a. The transfer of title is to correct an error;
  134         b. The transfer is between legal and equitable title or
  135  equitable and equitable title and no additional person applies
  136  for a homestead exemption on the property; or
  137         c. The change or transfer is by means of an instrument in
  138  which the owner is listed as both grantor and grantee of the
  139  real property and one or more other individuals are additionally
  140  named as grantee. However, if any individual who is additionally
  141  named as a grantee applies for a homestead exemption on the
  142  property, the application is shall be considered a change of
  143  ownership; or
  144         d. The person is a lessee entitled to the homestead
  145  exemption under s. 196.041(1).
  146         2. Legal or equitable title is changed or transferred
  147  between husband and wife, including a change or transfer to a
  148  surviving spouse or a transfer due to a dissolution of marriage;
  149         3. The transfer occurs by operation of law to the surviving
  150  spouse or minor child or children under s. 732.401; or
  151         4. Upon the death of the owner, the transfer is between the
  152  owner and another who is a permanent resident and who is legally
  153  or naturally dependent upon the owner.
  154         (8) Property assessed under this section shall be assessed
  155  at less than just value when the person who establishes a new
  156  homestead has received a homestead exemption as of January 1 of
  157  either of the 2 immediately preceding years. A person who
  158  establishes a new homestead as of January 1, 2008, is entitled
  159  to have the new homestead assessed at less than just value only
  160  if that person received a homestead exemption on January 1,
  161  2007, and only if this subsection applies retroactive to January
  162  1, 2008. For purposes of this subsection, a husband and wife who
  163  owned and both permanently resided on a previous homestead shall
  164  each be considered to have received the homestead exemption even
  165  though only the husband or the wife applied for the homestead
  166  exemption on the previous homestead. The assessed value of the
  167  newly established homestead shall be determined as provided in
  168  this subsection.
  169         (l) The property appraisers of the state shall, as soon as
  170  practicable after March 1 of each year and on or before July 1
  171  of that year, carefully consider all applications for assessment
  172  under this subsection which have been filed in their respective
  173  offices on or before March 1 of that year. If, upon
  174  investigation, the property appraiser finds that the applicant
  175  is entitled to assessment under this subsection, the property
  176  appraiser shall make such entries upon the tax rolls of the
  177  county as are necessary to allow the assessment. If, after due
  178  consideration, the property appraiser finds that the applicant
  179  is not entitled under the law to the assessment under this
  180  subsection, the property appraiser shall immediately prepare
  181  make out a notice of such disapproval, giving his or her reasons
  182  therefor, and a copy of the notice must be served upon the
  183  applicant by the property appraiser either by personal delivery
  184  or by registered mail to the post office address given by the
  185  applicant. The applicant may appeal the decision of the property
  186  appraiser refusing to allow the assessment under this subsection
  187  to the value adjustment board, and the board shall review the
  188  application and evidence presented to the property appraiser
  189  upon which the applicant based the claim and shall hear the
  190  applicant in person or by agent on behalf of his or her right to
  191  such assessment. Such appeal shall be heard by an attorney
  192  special magistrate if the value adjustment board uses special
  193  magistrates. The value adjustment board shall reverse the
  194  decision of the property appraiser in the cause and grant
  195  assessment under this subsection to the applicant if, in its
  196  judgment, the applicant is entitled to be granted the assessment
  197  or shall affirm the decision of the property appraiser. The
  198  action of the board is final in the cause unless the applicant,
  199  within 60 15 days following the date of refusal of the
  200  application by the board, files in the circuit court of the
  201  county in which the homestead is located a proceeding against
  202  the property appraiser for a declaratory judgment as is provided
  203  under by chapter 86 or other appropriate proceeding. The failure
  204  of the taxpayer to appear before the property appraiser or value
  205  adjustment board or to file any paper other than the application
  206  as provided in this subsection does not constitute a any bar to
  207  or defense in the proceedings.
  208         Section 5. Subsections (5) and (6) of section 193.703,
  209  Florida Statutes, are amended, and subsection (7) is added to
  210  that section, to read:
  211         193.703 Reduction in assessment for living quarters of
  212  parents or grandparents.—
  213         (5) At the request of the property appraiser and by a
  214  majority vote of the county governing body, a county may waive
  215  the annual application requirement after the initial application
  216  is filed and the reduction is granted. Notwithstanding such
  217  waiver, an application is required if property granted a
  218  reduction is sold or otherwise disposed of, the ownership
  219  changes in any manner, the applicant for the reduction ceases to
  220  use the property as his or her homestead, or the status of the
  221  owner changes so as to change the use of the property qualifying
  222  for the reduction pursuant to this section If the owner of
  223  homestead property for which such a reduction in assessed value
  224  has been granted is found to have made any willfully false
  225  statement in the application for the reduction, the reduction
  226  shall be revoked, the owner is subject to a civil penalty of not
  227  more than $1,000, and the owner shall be disqualified from
  228  receiving any such reduction for a period of 5 years.
  229         (6) The property owner shall notify the property appraiser
  230  when the property owner no longer qualifies for the reduction in
  231  assessed value for living quarters of parents or grandparents,
  232  and the previously excluded just value of such improvements as
  233  of the first January 1 after the improvements were substantially
  234  completed shall be added back to the assessed value of the
  235  property.
  236         (7) If the property appraiser determines that for any year
  237  within the previous 10 years a property owner who was not
  238  entitled to a reduction in assessed value under this section was
  239  granted such reduction, the property appraiser shall serve on
  240  the owner a notice of intent to record in the public records of
  241  the county a notice of tax lien against any property owned by
  242  that person in the county, and that property must be identified
  243  in the notice of tax lien. Any property that is owned by that
  244  person and is situated in this state is subject to the taxes
  245  exempted by the improper reduction, plus a penalty of 50 percent
  246  of the unpaid taxes for each year and interest at a rate of 15
  247  percent per annum. However, if a reduction is improperly granted
  248  due to a clerical mistake or omission by the property appraiser,
  249  the person who improperly received the reduction may not be
  250  assessed a penalty or interest. Before such lien may be filed,
  251  the owner must be given 30 days within which to pay the taxes,
  252  penalties, and interest. Such lien is subject to s. 196.161(3).
  253         Section 6. Subsection (1) of section 196.031, Florida
  254  Statutes, is amended to read:
  255         196.031 Exemption of homesteads.—
  256         (1)(a) A Every person who, on January 1, has the legal
  257  title or beneficial title in equity to real property in this
  258  state and who resides thereon and who in good faith makes the
  259  property same his or her permanent residence, or the permanent
  260  residence of another or others legally or naturally dependent
  261  upon him or her such person, is entitled to an exemption from
  262  all taxation, except for assessments for special benefits, up to
  263  the assessed valuation of $25,000 on the residence and
  264  contiguous real property, as defined in s. 6, Art. VII of the
  265  State Constitution. Such title may be held by the entireties,
  266  jointly, or in common with others, and the exemption may be
  267  apportioned among such of the owners as shall reside thereon, as
  268  their respective interests shall appear. If only one of the
  269  owners of an estate held by the entireties or held jointly with
  270  the right of survivorship resides on the property, that owner is
  271  allowed an exemption of up to the assessed valuation of $25,000
  272  on the residence and contiguous real property. However, an no
  273  such exemption of more than $25,000 is not allowed to any one
  274  person or on any one dwelling house, except that an exemption up
  275  to the assessed valuation of $25,000 may be allowed on each
  276  apartment or mobile home occupied by a tenant-stockholder or
  277  member of a cooperative corporation and on each condominium
  278  parcel occupied by its owner. Except for owners of an estate
  279  held by the entireties or held jointly with the right of
  280  survivorship, the amount of the exemption may not exceed the
  281  proportionate assessed valuation of all owners who reside on the
  282  property. Before such exemption may be granted, the deed or
  283  instrument shall be recorded in the official records of the
  284  county in which the property is located. The property appraiser
  285  may request the applicant to provide additional ownership
  286  documents to establish title.
  287         (b) Every person who qualifies to receive the exemption
  288  provided in paragraph (a) is entitled to an additional exemption
  289  of up to $25,000 on the assessed valuation greater than $50,000
  290  for all levies other than school district levies.
  291         Section 7. Subsection (2) of section 196.075, as amended by
  292  section 1 of chapter 2012-57, Laws of Florida, is amended to
  293  read:
  294         Section 1. Section 196.075, Florida Statutes, is amended to
  295  read:
  296         196.075 Additional homestead exemption for persons 65 and
  297  older.—
  298         (2) In accordance with s. 6(d), Art. VII of the State
  299  Constitution, the board of county commissioners of any county or
  300  the governing authority of any municipality may adopt an
  301  ordinance to allow either or both of the following an additional
  302  homestead exemptions:
  303         (a) Up to $50,000 Fifty-thousand dollars for any person who
  304  has the legal or equitable title to real estate and maintains
  305  thereon the permanent residence of the owner, who has attained
  306  age 65, and whose household income does not exceed $20,000; or
  307         (b) The amount of the assessed value of the property for
  308  any person who has the legal or equitable title to real estate
  309  with a just value less than $250,000 and has maintained thereon
  310  the permanent residence of the owner for at least 25 years, who
  311  has attained age 65, and whose household income does not exceed
  312  the income limitation prescribed in paragraph (a), as calculated
  313  in subsection (3).
  314         Section 8. Applying retroactively to the 2013 tax roll,
  315  section 196.1978, Florida Statutes, is amended to read:
  316         196.1978 Affordable housing property exemption.—Property
  317  used to provide affordable housing serving eligible persons as
  318  defined by s. 159.603(7) and natural persons or families meeting
  319  the extremely-low-income, very-low-income, low-income, or
  320  moderate-income limits specified in s. 420.0004, which property
  321  is owned entirely by a nonprofit entity that is a corporation
  322  not for profit, qualified as charitable under s. 501(c)(3) of
  323  the Internal Revenue Code and in compliance with Rev. Proc. 96
  324  32, 1996-1 C.B. 717, is or a Florida-based limited partnership,
  325  the sole general partner of which is a corporation not for
  326  profit which is qualified as charitable under s. 501(c)(3) of
  327  the Internal Revenue Code and which complies with Rev. Proc. 96
  328  32, 1996-1 C.B. 717, shall be considered property owned by an
  329  exempt entity and used for a charitable purpose, and those
  330  portions of the affordable housing property which provide
  331  housing to natural persons or families classified as extremely
  332  low income, very low income, low income, or moderate income
  333  under s. 420.0004 are shall be exempt from ad valorem taxation
  334  to the extent authorized in s. 196.196. All property identified
  335  in this section must shall comply with the criteria provided
  336  under s. 196.195 for determining determination of exempt status
  337  and to be applied by property appraisers on an annual basis as
  338  defined in s. 196.195. The Legislature intends that any property
  339  owned by a limited liability company or limited partnership
  340  which is disregarded as an entity for federal income tax
  341  purposes pursuant to Treasury Regulation 301.7701-3(b)(1)(ii)
  342  shall be treated as owned by its sole member or sole general
  343  partner.
  344         Section 9. Section 196.198, Florida Statutes, is amended to
  345  read:
  346         196.198 Educational property exemption.—Educational
  347  institutions within this state and their property used by them
  348  or by any other exempt entity or educational institution
  349  exclusively for educational purposes is shall be exempt from
  350  taxation. Sheltered workshops providing rehabilitation and
  351  retraining of disabled individuals who have disabilities and
  352  exempted by a certificate under s. (d) of the federal Fair Labor
  353  Standards Act of 1938, as amended, are declared wholly
  354  educational in purpose and are exempt shall be exempted from
  355  certification, accreditation, and membership requirements set
  356  forth in s. 196.012. Those portions of property of college
  357  fraternities and sororities certified by the president of the
  358  college or university to the appropriate property appraiser as
  359  being essential to the educational process are shall be exempt
  360  from ad valorem taxation. The use of property by public fairs
  361  and expositions chartered by chapter 616 is presumed to be an
  362  educational use of such property and is shall be exempt from ad
  363  valorem taxation to the extent of such use. Property used
  364  exclusively for educational purposes shall be deemed owned by an
  365  educational institution if the entity owning 100 percent of the
  366  educational institution is owned by the identical natural
  367  persons who own the property, or if the entity owning 100
  368  percent of the educational institution and the entity owning the
  369  property are owned by the identical natural persons. Land,
  370  buildings, and other improvements to real property used
  371  exclusively for educational purposes shall be deemed owned by an
  372  educational institution if the entity owning 100 percent of the
  373  land is a nonprofit entity and the land is used, under a ground
  374  lease or other contractual arrangement, by an educational
  375  institution that owns the buildings and other improvements to
  376  the real property, is a nonprofit entity under s. 501(c)(3) of
  377  the Internal Revenue Code, and provides education limited to
  378  students in prekindergarten through grade 8. If legal title to
  379  property is held by a governmental agency that leases the
  380  property to a lessee, the property shall be deemed to be owned
  381  by the governmental agency and used exclusively for educational
  382  purposes if the governmental agency continues to use such
  383  property exclusively for educational purposes pursuant to a
  384  sublease or other contractual agreement with that lessee. If the
  385  title to land is held by the trustee of an irrevocable inter
  386  vivos trust and if the trust grantor owns 100 percent of the
  387  entity that owns an educational institution that is using the
  388  land exclusively for educational purposes, the land is deemed to
  389  be property owned by the educational institution for purposes of
  390  this exemption. Property owned by an educational institution
  391  shall be deemed to be used for an educational purpose if the
  392  institution has taken affirmative steps to prepare the property
  393  for educational use. The term “affirmative steps means
  394  environmental or land use permitting activities, creation of
  395  architectural plans or schematic drawings, land clearing or site
  396  preparation, construction or renovation activities, or other
  397  similar activities that demonstrate commitment of the property
  398  to an educational use.
  399         Section 10. Section 4 of chapter 2012-45, Laws of Florida,
  400  is amended to read:
  401         Section 4. The governing bodies of St. Lucie County and
  402  Martin County shall enter into an interlocal agreement by no
  403  later than May 1, 2013, which must shall provide a financially
  404  feasible plan for transfer of services, personnel, and public
  405  infrastructure from St. Lucie County to Martin County. The
  406  agreement must shall include compensation for the value of
  407  infrastructure investments by St. Lucie County in the
  408  transferred property minus depreciation, if any. Upon the
  409  Effective July 1, 2013 date of this act, the total tax and
  410  assessment revenue that would have been generated in fiscal year
  411  2013-2014 by all St. Lucie County taxing authorities levying
  412  taxes or assessments within the area transferred to Martin
  413  County, except for taxes levied by school districts, less 10
  414  percent shall be transmitted to St. Lucie County for
  415  distribution to the county and all other affected taxing
  416  authorities. Thereafter, through fiscal year 2022-2023, the tax
  417  and assessment revenue amount that would have been generated by
  418  all St. Lucie County taxing authorities levying taxes or
  419  assessments in the transferred area for fiscal year 2013-2014
  420  shall serve as the base amount of tax and assessment revenue for
  421  further annual reductions of 10 percent of the base amount
  422  before annual distributions to the St. Lucie County through
  423  fiscal year 2022-2023. However, for any fiscal year through
  424  fiscal year 2022-2023, if when the total taxes and assessments
  425  collected within the transferred area exceed the base amount by
  426  more than 3 percent, St. Lucie County shall receive the same
  427  percentage distribution from the tax and assessment revenue that
  428  exceeds the base amount by more than 3 percent as they will
  429  receive from the base amount. All distributions to St. Lucie
  430  County shall occur within 30 days after the beginning of each
  431  calendar year.
  432         Section 11. This act shall take effect July 1, 2013.