Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 766
       
       
       
       
       
       
                                Ì1931489Î193148                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2016           .                                
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       The Committee on Finance and Tax (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 77 - 406
    4  and insert:
    5         Section 2. Effective July 1, 2017, subsection (3) of
    6  section 193.122, Florida Statutes, is amended to read
    7         193.122 Certificates of value adjustment board and property
    8  appraiser; extensions on the assessment rolls.—
    9         (3) When the tax rolls have been extended pursuant to s.
   10  197.323, the second certification of the value adjustment board
   11  shall reflect all changes made by the board together with any
   12  adjustments or changes made by the property appraiser. The value
   13  adjustment board must hear all petitions and issue its second
   14  certification by June 1 following the year in which the taxes
   15  were assessed. If the number of petitions filed increases by
   16  more than 10 percent over the prior year, the June 1 deadline is
   17  extended to December 1. Upon the value adjustment board’s second
   18  such certification, the property appraiser shall recertify the
   19  tax rolls with all changes to the tax collector and shall
   20  provide public notice of the date and fact of recertification
   21  pursuant to subsection (2).
   22         Section 3. The amendments to s. 193.122, Florida Statutes,
   23  made by this act first apply to the 2017 tax roll.
   24         Section 4. Subsection (10) of section 193.1554, Florida
   25  Statutes, is amended to read:
   26         193.1554 Assessment of nonhomestead residential property.—
   27         (10) If the property appraiser determines that for any year
   28  or years within the prior 10 years a person or entity who was
   29  not entitled to the property assessment limitation granted under
   30  this section was granted the property assessment limitation, the
   31  property appraiser making such determination shall serve upon
   32  the owner a notice of intent to record in the public records of
   33  the county a notice of tax lien against any property owned by
   34  that person or entity in the county, and such property must be
   35  identified in the notice of tax lien. Such property that is
   36  situated in this state is subject to the unpaid taxes, plus a
   37  penalty of 50 percent of the unpaid taxes for each year and 15
   38  percent interest per annum. Before a lien may be filed, the
   39  person or entity so notified must be given 30 days to pay the
   40  taxes and any applicable penalties and interest. If the property
   41  appraiser improperly grants the property assessment limitation
   42  as a result of a clerical mistake or an omission, the person or
   43  entity improperly receiving the property assessment limitation
   44  may not be assessed a penalty or interest.
   45         Section 5. Subsection (10) of section 193.1555, Florida
   46  Statutes, is amended to read:
   47         193.1555 Assessment of certain residential and
   48  nonresidential real property.—
   49         (10) If the property appraiser determines that for any year
   50  or years within the prior 10 years a person or entity who was
   51  not entitled to the property assessment limitation granted under
   52  this section was granted the property assessment limitation, the
   53  property appraiser making such determination shall serve upon
   54  the owner a notice of intent to record in the public records of
   55  the county a notice of tax lien against any property owned by
   56  that person or entity in the county, and such property must be
   57  identified in the notice of tax lien. Such property that is
   58  situated in this state is subject to the unpaid taxes, plus a
   59  penalty of 50 percent of the unpaid taxes for each year and 15
   60  percent interest per annum. Before a lien may be filed, the
   61  person or entity so notified must be given 30 days to pay the
   62  taxes and any applicable penalties and interest. If the property
   63  appraiser improperly grants the property assessment limitation
   64  as a result of a clerical mistake or an omission, the person or
   65  entity improperly receiving the property assessment limitation
   66  may not be assessed a penalty or interest.
   67         Section 6. Subsection (3) of section 194.011, Florida
   68  Statutes, is amended to read:
   69         194.011 Assessment notice; objections to assessments.—
   70         (3) A petition to the value adjustment board must be in
   71  substantially the form prescribed by the department.
   72  Notwithstanding s. 195.022, a county officer may not refuse to
   73  accept a form provided by the department for this purpose if the
   74  taxpayer chooses to use it. A petition to the value adjustment
   75  board must be signed by the taxpayer or accompanied by the
   76  taxpayer’s written authorization for representation by a person
   77  specified in s. 194.034(1)(a). A written authorization is valid
   78  for 1 tax year, and a new written authorization by the taxpayer
   79  is required for each subsequent tax year. A petition must also
   80  shall describe the property by parcel number and shall be filed
   81  as follows:
   82         (a) The clerk of the value adjustment board and the
   83  property appraiser shall have available and shall distribute
   84  forms prescribed by the Department of Revenue on which the
   85  petition shall be made. Such petition shall be sworn to by the
   86  petitioner.
   87         (b) The completed petition shall be filed with the clerk of
   88  the value adjustment board of the county, who shall acknowledge
   89  receipt thereof and promptly furnish a copy thereof to the
   90  property appraiser.
   91         (c) The petition shall state the approximate time
   92  anticipated by the taxpayer to present and argue his or her
   93  petition before the board.
   94         (d) The petition may be filed, as to valuation issues, at
   95  any time during the taxable year on or before the 25th day
   96  following the mailing of notice by the property appraiser as
   97  provided in subsection (1). With respect to an issue involving
   98  the denial of an exemption, an agricultural or high-water
   99  recharge classification application, an application for
  100  classification as historic property used for commercial or
  101  certain nonprofit purposes, or a deferral, the petition must be
  102  filed at any time during the taxable year on or before the 30th
  103  day following the mailing of the notice by the property
  104  appraiser under s. 193.461, s. 193.503, s. 193.625, s. 196.173,
  105  or s. 196.193 or notice by the tax collector under s. 197.2425.
  106         (e) A condominium association, cooperative association, or
  107  any homeowners’ association as defined in s. 723.075, with
  108  approval of its board of administration or directors, may file
  109  with the value adjustment board a single joint petition on
  110  behalf of any association members who own parcels of property
  111  which the property appraiser determines are substantially
  112  similar with respect to location, proximity to amenities, number
  113  of rooms, living area, and condition. The condominium
  114  association, cooperative association, or homeowners’ association
  115  as defined in s. 723.075 shall provide the unit owners with
  116  notice of its intent to petition the value adjustment board and
  117  shall provide at least 20 days for a unit owner to elect, in
  118  writing, that his or her unit not be included in the petition.
  119         (f) An owner of contiguous, undeveloped parcels may file
  120  with the value adjustment board a single joint petition if the
  121  property appraiser determines such parcels are substantially
  122  similar in nature.
  123         (g) An owner of multiple tangible personal property
  124  accounts may file with the value adjustment board a single joint
  125  petition if the property appraiser determines that the tangible
  126  personal property accounts are substantially similar in nature.
  127         (h) The individual, agent, or legal entity that signs the
  128  petition becomes an agent of the taxpayer for the purpose of
  129  serving process to obtain personal jurisdiction over the
  130  taxpayer for the entire value adjustment board proceedings,
  131  including any appeals of a board decision by the property
  132  appraiser pursuant to s. 194.036.
  133         Section 7. Subsection (2) of section 194.014, Florida
  134  Statutes, is amended to read:
  135         194.014 Partial payment of ad valorem taxes; proceedings
  136  before value adjustment board.—
  137         (2) If the value adjustment board or the property appraiser
  138  determines that the petitioner owes ad valorem taxes in excess
  139  of the amount paid, the unpaid amount accrues interest at an
  140  annual percentage rate equal to the bank prime loan rate on July
  141  1, or the first business day thereafter if July 1 is a Saturday,
  142  Sunday, or legal holiday, of the tax the rate of 12 percent per
  143  year, beginning on from the date the taxes became delinquent
  144  pursuant to s. 197.333 until the unpaid amount is paid. If the
  145  value adjustment board or the property appraiser determines that
  146  a refund is due, the overpaid amount accrues interest at an
  147  annual percentage rate equal to the bank prime loan rate on July
  148  1, or the first business day thereafter if July 1 is a Saturday,
  149  Sunday, or legal holiday, of the tax the rate of 12 percent per
  150  year, beginning on from the date the taxes became delinquent
  151  pursuant to s. 197.333 until a refund is paid. Interest on an
  152  overpayment related to a petition shall be funded
  153  proportionately by each taxing authority that was overpaid.
  154  Interest does not accrue on amounts paid in excess of 100
  155  percent of the current taxes due as provided on the tax notice
  156  issued pursuant to s. 197.322. As used in this subsection, the
  157  term “bank prime loan rate” means the average predominant prime
  158  rate quoted by commercial banks to large businesses as published
  159  by the Board of Governors of the Federal Reserve System.
  160         Section 8. Section 194.015, Florida Statutes, is amended to
  161  read:
  162         194.015 Value adjustment board.—There is hereby created A
  163  value adjustment board is created for each county, which shall
  164  consist of two members of the governing body of the county as
  165  elected from the membership of the board of the said governing
  166  body, one of whom shall be elected chairperson, and one member
  167  of the school board as elected from the membership of the school
  168  board, and two citizen members, one of whom shall be appointed
  169  by the governing body of the county and must own homestead
  170  property within the county and one of whom must be appointed by
  171  the school board and must own a business occupying commercial
  172  space located within the school district. A citizen member may
  173  not be a member or an employee of any taxing authority, and may
  174  not be a person who represents property owners in any
  175  administrative or judicial review of property taxes. The members
  176  of the board may be temporarily replaced by other members of the
  177  respective boards on appointment by their respective
  178  chairpersons. Any three members shall constitute a quorum of the
  179  board, except that each quorum must include at least one member
  180  of said governing board, at least one member of the school
  181  board, and at least one citizen member and no meeting of the
  182  board shall take place unless a quorum is present. Members of
  183  the board may receive such per diem compensation as is allowed
  184  by law for state employees if both bodies elect to allow such
  185  compensation. The clerk of the governing body of the county
  186  shall be the clerk of the value adjustment board. The board
  187  shall appoint private counsel who has practiced law for over 5
  188  years and who shall receive such compensation as may be
  189  established by the board. The private counsel may not represent
  190  the property appraiser, the tax collector, any taxing authority,
  191  or any property owner in any administrative or judicial review
  192  of property taxes. A No meeting of the board may not shall take
  193  place unless counsel to the board is present. Two-fifths of the
  194  expenses of the board shall be borne by the district school
  195  board and three-fifths by the district county commission. The
  196  school board and the county commission may audit the expenses
  197  related to the value adjustment board process.
  198         Section 9. Paragraph (a) of subsection (2) of section
  199  194.032, Florida Statutes, is amended to read:
  200         194.032 Hearing purposes; timetable.—
  201         (2)(a) The clerk of the governing body of the county shall
  202  prepare a schedule of appearances before the board based on
  203  petitions timely filed with him or her. The clerk shall notify
  204  each petitioner of the scheduled time of his or her appearance
  205  at least 25 calendar days before the day of the scheduled
  206  appearance. The notice must indicate whether the petition has
  207  been scheduled to be heard at a particular time or during a
  208  block of time. If the petition has been scheduled to be heard
  209  within a block of time, the beginning and ending of that block
  210  of time must be indicated on the notice; however, as provided in
  211  paragraph (b), a petitioner may not be required to wait for more
  212  than a reasonable time, not to exceed 2 hours, after the
  213  beginning of the block of time. If the petitioner checked the
  214  appropriate box on the petition form to request a copy of the
  215  property record card containing relevant information used in
  216  computing the current assessment, the property appraiser must
  217  provide the copy to the petitioner upon receipt of the petition
  218  from the clerk regardless of whether the petitioner initiates
  219  evidence exchange, unless the property record card is available
  220  online from the property appraiser, in which case the property
  221  appraiser must notify the petitioner that the property record
  222  card is available online. Upon receipt of the notice, The
  223  petitioner or the property appraiser may reschedule the hearing
  224  a single time for good cause by submitting to the clerk a
  225  written request to reschedule, at least 5 calendar days before
  226  the day of the originally scheduled hearing. As used in this
  227  paragraph, the term “good cause” means circumstances beyond the
  228  control of the person seeking to reschedule the hearing which
  229  reasonably prevent him or her from having adequate
  230  representation at the hearing. If the hearing is rescheduled by
  231  the petitioner, the clerk shall notify the petitioner of the
  232  rescheduled date and time for his or her appearance at least 15
  233  calendar days before the date of the rescheduled appearance.
  234         Section 10. Paragraph (a) of subsection (1) of section
  235  194.034, Florida Statutes, is amended to read:
  236         194.034 Hearing procedures; rules.—
  237         (1)(a)  Petitioners before the board may be represented by
  238  a corporate representative of the taxpayer, an attorney who is a
  239  member of The Florida Bar, a real estate appraiser or a real
  240  estate broker licensed under chapter 475, or a certified public
  241  accountant licensed under chapter 473, retained by the taxpayer,
  242  or an individual with power of attorney to act on behalf of the
  243  taxpayer who receives no compensation, agent and such person may
  244  present testimony and other evidence. The property appraiser or
  245  his or her authorized representatives may be represented by an
  246  attorney in defending the property appraiser’s assessment or
  247  opposing an exemption and may present testimony and other
  248  evidence. The property appraiser, each petitioner, and all
  249  witnesses shall be required, upon the request of either party,
  250  to testify under oath as administered by the chairperson of the
  251  board. Hearings shall be conducted in the manner prescribed by
  252  rules of the department, which rules shall include the right of
  253  cross-examination of any witness.
  254         Section 11. Paragraph (a) of subsection (4) and paragraph
  255  (a) of subsection (5) of section 197.3632, Florida Statutes, is
  256  amended to read:
  257         197.3632 Uniform method for the levy, collection, and
  258  enforcement of non-ad valorem assessments.—
  259         (4)(a) A local government shall adopt a non-ad valorem
  260  assessment roll at a public hearing held between January 1 and
  261  September 15, or between January 1 and September 25 in any
  262  county as defined in s. 125.011(1), if:
  263         1. The non-ad valorem assessment is levied for the first
  264  time;
  265         2. The non-ad valorem assessment is increased beyond the
  266  maximum rate authorized by law or judicial decree at the time of
  267  initial imposition;
  268         3. The local government’s boundaries have changed, unless
  269  all newly affected property owners have provided written consent
  270  for such assessment to the local governing board; or
  271         4. There is a change in the purpose for such assessment or
  272  in the use of the revenue generated by such assessment.
  273         (5)(a) By September 15 of each year, or by September 25 in
  274  any county as defined in s. 125.011(1), the chair of the local
  275  governing board or his or her designee shall certify a non-ad
  276  valorem assessment roll on compatible electronic medium to the
  277  tax collector. The local government shall post the non-ad
  278  valorem assessment for each parcel on the roll. The tax
  279  collector shall not accept any such roll that is not certified
  280  on compatible electronic medium and that does not contain the
  281  posting of the non-ad valorem assessment for each parcel. It is
  282  the responsibility of the local governing board that such roll
  283  be free of errors and omissions. Alterations to such roll may be
  284  made by the chair or his or her designee up to 10 days before
  285  certification. If the tax collector discovers errors or
  286  omissions on such roll, he or she may request the local
  287  governing board to file a corrected roll or a correction of the
  288  amount of any assessment.
  289         Section 12. Effective June 30, 2016, notwithstanding the
  290  expiration date in section 9 of chapter 2015-222, Laws of
  291  Florida, and notwithstanding the amendment made by section 16 of
  292  SB 1040, 2016 Regular Session, paragraph (e) of subsection (4)
  293  of section 1011.62, Florida Statutes, as amended by section 7 of
  294  chapter 2015-222, Laws of Florida, is reenacted and amended to
  295  read:
  296         1011.62 Funds for operation of schools.—If the annual
  297  allocation from the Florida Education Finance Program to each
  298  district for operation of schools is not determined in the
  299  annual appropriations act or the substantive bill implementing
  300  the annual appropriations act, it shall be determined as
  301  follows:
  302         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
  303  Legislature shall prescribe the aggregate required local effort
  304  for all school districts collectively as an item in the General
  305  Appropriations Act for each fiscal year. The amount that each
  306  district shall provide annually toward the cost of the Florida
  307  Education Finance Program for kindergarten through grade 12
  308  programs shall be calculated as follows:
  309         (e) Prior period funding adjustment millage.—
  310         1. There shall be An additional millage to be known as the
  311  Prior Period Funding Adjustment Millage shall be levied by a
  312  school district if the prior period unrealized required local
  313  effort funds are greater than zero. The Commissioner of
  314  Education shall calculate the amount of the prior period
  315  unrealized required local effort funds as specified in
  316  subparagraph 2. and the millage required to generate that amount
  317  as specified in this subparagraph. The Prior Period Funding
  318  Adjustment Millage shall be the quotient of the prior period
  319  unrealized required local effort funds divided by the current
  320  year taxable value certified to the Commissioner of Education
  321  pursuant to sub-subparagraph (a)1.a. This levy shall be in
  322  addition to the required local effort millage certified pursuant
  323  to this subsection. Such millage shall not affect the
  324  calculation of the current year’s required local effort, and the
  325  funds generated by such levy shall not be included in the
  326  district’s Florida Education Finance Program allocation for that
  327  fiscal year. For purposes of the millage to be included on the
  328  Notice of Proposed Taxes, the Commissioner of Education shall
  329  adjust the required local effort millage computed pursuant to
  330  paragraph (a) as adjusted by paragraph (b) for the current year
  331  for any district that levies a Prior Period Funding Adjustment
  332  Millage to include all Prior Period Funding Adjustment Millage.
  333  For the purpose of this paragraph, there shall be a Prior Period
  334  Funding Adjustment Millage shall be levied for each year
  335  certified by the Department of Revenue pursuant to sub
  336  subparagraph (a)2.a. since the previous year certification and
  337  for which the calculation in sub-subparagraph 2.b. is greater
  338  than zero.
  339         2.a. As used in this subparagraph, the term:
  340         (I) “Prior year” means a year certified under sub
  341  subparagraph (a)2.a.
  342         (II) “Preliminary taxable value” means:
  343         (A) If the prior year is the 2009-2010 fiscal year or
  344  later, the taxable value certified to the Commissioner of
  345  Education pursuant to sub-subparagraph (a)1.a.
  346         (B) If the prior year is the 2008-2009 fiscal year or
  347  earlier, the taxable value certified pursuant to the final
  348  calculation as specified in former paragraph (b) as that
  349  paragraph existed in the prior year.
  350         (III) “Final taxable value” means the district’s taxable
  351  value as certified by the property appraiser pursuant to s.
  352  193.122(2) or (3), if applicable. This is the certification that
  353  reflects all final administrative actions of the value
  354  adjustment board.
  355         b. For purposes of this subsection and with respect to each
  356  year certified pursuant to sub-subparagraph (a)2.a., if the
  357  district’s prior year preliminary taxable value is greater than
  358  the district’s prior year final taxable value, the prior period
  359  unrealized required local effort funds are the difference
  360  between the district’s prior year preliminary taxable value and
  361  the district’s prior year final taxable value, multiplied by the
  362  prior year district required local effort millage. If the
  363  district’s prior year preliminary taxable value is less than the
  364  district’s prior year final taxable value, the prior period
  365  unrealized required local effort funds are zero.
  366         c. For the 2015-2016 fiscal year only, If a district’s
  367  prior period unrealized required local effort funds and prior
  368  period district required local effort millage cannot be
  369  determined because such district’s final taxable value has not
  370  yet been certified pursuant to s. 193.122(2) or (3), for the
  371  2015 tax levy, the Prior Period Funding Adjustment Millage for
  372  such fiscal year shall be levied, if not previously levied, in
  373  2015 in an amount equal to 75 percent of such district’s most
  374  recent unrealized required local effort for which a Prior Period
  375  Funding Adjustment Millage was determined as provided in this
  376  section. Upon certification of the final taxable value in
  377  accordance with s. 193.122(2) or (3) for a the 2012, 2013, or
  378  2014 tax rolls for which a 75 percent Prior Period Funding
  379  Adjustment Millage was levied in accordance with s. 193.122(2)
  380  or (3), the next Prior Period Funding Adjustment Millage levied
  381  in 2015 and 2016 shall be adjusted to include any shortfall or
  382  surplus in the prior period unrealized required local effort
  383  funds that would have been levied in 2014 or 2015, had the
  384  district’s final taxable value been certified pursuant to s.
  385  193.122(2) or (3) for the 2014 or 2015 tax levy. If this
  386  adjustment is made for a surplus, the reduction in prior period
  387  millage may not exceed the prior period funding adjustment
  388  millage calculated pursuant to subparagraph 1. and sub
  389  subparagraphs a. and b., or pursuant to this sub-subparagraph,
  390  whichever is applicable, and any additional reduction shall be
  391  carried forward to the subsequent fiscal year.
  392         Section 13. Except as otherwise expressly provided in this
  393  act, this act shall take effect July 1, 2016.
  394  
  395  ================= T I T L E  A M E N D M E N T ================
  396  And the title is amended as follows:
  397         Delete lines 4 - 44
  398  and insert:
  399         by the act; amending s. 193.122, F.S.; specifying
  400         deadlines for value adjustment boards to hear
  401         petitions and issue the second tax roll certification;
  402         providing applicability; amending s. 193.1554, F.S.;
  403         requiring a property appraiser to provide a specified
  404         notice to nonhomestead residential property owners who
  405         were determined to not be entitled for a certain
  406         property assessment limitation; providing a specified
  407         timeframe for such property owners to pay taxes,
  408         penalties, and interest; prohibiting the assessment of
  409         a penalty or interest for property assessment
  410         limitations granted as a result of a clerical mistake
  411         or an omission by the property appraiser; amending s.
  412         193.1555, F.S.; requiring a property appraiser to
  413         provide a specified notice to certain residential and
  414         nonresidential property owners who were determined to
  415         not be entitled for a certain property assessment
  416         limitation; providing a specified timeframe for such
  417         property owners to pay taxes, penalties, and interest;
  418         prohibiting the assessment of a penalty or interest
  419         for property assessment limitations granted as a
  420         result of a clerical mistake or an omission by the
  421         property appraiser; amending s. 194.011, F.S.;
  422         specifying procedures for filing petitions to the
  423         value adjustment board; amending s. 194.014, F.S.;
  424         revising the entities authorized to determine under
  425         certain circumstances that a petitioner owes ad
  426         valorem taxes or is owed a refund of overpaid taxes;
  427         revising the rate at which interest accrues on unpaid
  428         and overpaid ad valorem taxes; defining the term “bank
  429         prime loan rate”; amending s. 194.015, F.S.;
  430         authorizing the school board and county commission to
  431         audit certain expenses of the value adjustment board;
  432         amending s. 194.032, F.S.; requiring a property
  433         appraiser to notify a petitioner when a property
  434         record card is available online; authorizing a
  435         property appraiser to reschedule a hearing relating to
  436         an assessment; requiring a petitioner or a property
  437         appraiser to show good cause to reschedule such
  438         hearing; defining the term “good cause”; requiring the
  439         clerk to provide notice to a petitioner of a
  440         rescheduled hearing within a certain time; amending s.
  441         194.034, F.S.; revising the entities that may
  442         represent a taxpayer before the value adjustment
  443         board; amending s. 197.3632, F.S.; extending the dates
  444         for certain counties to hold public hearings and
  445         certify non-ad valorem assessment rolls; reenacting
  446         and amending s. 1011.62, F.S.; revising the time
  447         period for requirements and calculations applicable to
  448         the levy and adjustment of the Prior Period Funding
  449         Adjustment Millage before and after certification of
  450         the district’s final taxable value; providing
  451         effective dates.