Senate Bill sb1576

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    Florida Senate - 2001                                  SB 1576

    By Senator Carlton





    24-581A-01

  1                      A bill to be entitled

  2         An act relating to ad valorem tax

  3         administration; amending s. 195.096, F.S.;

  4         requiring the Department of Revenue to document

  5         and retain records used in the review of

  6         assessment rolls; amending s. 195.096, F.S.,

  7         effective for the 2003 tax rolls and subsequent

  8         tax rolls; requiring the Department of Revenue

  9         to study assessment groups or market areas to

10         assure the representativeness of ratio-study

11         samples; amending s. 195.097, F.S.; requiring

12         the Department of Revenue to report levels of

13         assessment as an index; amending s. 197.502,

14         F.S.; authorizing the tax collector to contract

15         with a title abstract company to provide

16         information concerning property described in a

17         tax certificate; authorizing the tax collector

18         to pay a reasonable fee for this information;

19         providing that the amount of any fee paid for

20         this information must be added to the opening

21         bid for a tax deed for the property; amending

22         s. 236.081, F.S.; requiring the Department of

23         Revenue to report levels of assessment based on

24         a 4-year average; providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Paragraph (c) of subsection (2) of section

29  195.096, Florida Statutes, is amended to read:

30         195.096  Review of assessment rolls.--

31

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    Florida Senate - 2001                                  SB 1576
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  1         (2)  The department shall conduct, no less frequently

  2  than once every 2 years, an in-depth review of the assessment

  3  rolls of each county. The department need not individually

  4  study every use-class of property set forth in s. 195.073, but

  5  shall at a minimum study the level of assessment in relation

  6  to just value of each classification specified in subsection

  7  (3). Such in-depth review may include proceedings of the value

  8  adjustment board and the audit or review of procedures used by

  9  the counties to appraise property.

10         (c)  In conducting assessment ratio studies, the

11  department must use a representative or statistically reliable

12  sample of properties in tests of each classification, stratum,

13  or roll made the subject of a ratio study published by it. The

14  department shall document and retain records of the measures

15  of representativeness of the properties studied in compliance

16  with this section. Such documentation must include a record of

17  findings used as the basis for the approval or disapproval of

18  the tax roll in each county pursuant to s. 193.1142. For

19  purposes of this section, the department shall rely primarily

20  on an assessment-to-sales-ratio study in conducting assessment

21  ratio studies in those classifications of property specified

22  in subsection (3) for which there are adequate market sales.

23  The department shall compute the median and the value-weighted

24  mean for each classification or subclassification studied and

25  for the roll as a whole.

26         Section 2.  Effective January 1, 2003, paragraph (c) of

27  subsection (2) of section 195.096, Florida Statutes, as

28  amended by section 1 of this act, is amended to read:

29         195.096  Review of assessment rolls.--

30         (2)  The department shall conduct, no less frequently

31  than once every 2 years, an in-depth review of the assessment

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    Florida Senate - 2001                                  SB 1576
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  1  rolls of each county. The department need not individually

  2  study every use-class of property set forth in s. 195.073, but

  3  shall at a minimum study the level of assessment in relation

  4  to just value of each classification specified in subsection

  5  (3). Such in-depth review may include proceedings of the value

  6  adjustment board and the audit or review of procedures used by

  7  the counties to appraise property.

  8         (c)  In conducting assessment ratio studies, the

  9  department must use a representative or statistically reliable

10  sample of properties in tests of each classification, stratum,

11  or roll made the subject of a ratio study published by it. The

12  department shall document and retain records of the measures

13  of representativeness of the properties studied in compliance

14  with this section. Such documentation must include a record of

15  findings used as the basis for the approval or disapproval of

16  the tax roll in each county pursuant to s. 193.1142. In

17  addition, to the greatest extent practicable, the department

18  shall study assessment roll strata by value groups or market

19  areas for each classification, subclassification, or stratum

20  to be studied, to assure the representativeness of ratio study

21  samples. For purposes of this section, the department shall

22  rely primarily on an assessment-to-sales-ratio study in

23  conducting assessment ratio studies in those classifications

24  of property specified in subsection (3) for which there are

25  adequate market sales.  The department shall compute the

26  median and the value-weighted mean for each classification or

27  subclassification studied and for the roll as a whole.

28         Section 3.  Paragraph (b) of subsection (1) of section

29  195.097, Florida Statutes, is amended to read:

30         195.097  Postaudit notification of defects; supervision

31  by the department.--

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    Florida Senate - 2001                                  SB 1576
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  1         (1)

  2         (b)  Notwithstanding other provisions of this section,

  3  the executive director is not required to notice as a defect a

  4  class or stratum of property which, based upon the evaluation

  5  of any review, study, or finding of the department, indicates

  6  an assessment level of more than 100 percent of just value in

  7  any class or stratum of property on the prior year's tax roll.

  8  In reporting levels of assessment to the Commissioner of

  9  Education pursuant to s. 236.081(4), the levels of assessment

10  for all counties and for the state as a whole must be reported

11  as an index calculated in such manner that the highest value

12  in the index is equal to 100.

13         Section 4.  Subsection (5) of section 197.502, Florida

14  Statutes, is amended to read:

15         197.502  Application for obtaining tax deed by holder

16  of tax sale certificate; fees.--

17         (5)(a)  The tax collector may contract with a title

18  company or an abstract company at a reasonable fee to provide

19  the minimum information required in subsection (4), consistent

20  with rules adopted by the department. If additional

21  information is required, the tax collector must make a written

22  request to the title or abstract company stating the

23  additional requirements. The tax collector may select any

24  title or abstract company, regardless of its location, as long

25  as the fee is reasonable, the minimum information is

26  submitted, and the title or abstract company is authorized to

27  do business in this state. The tax collector may advertise and

28  accept bids for the title or abstract company if he or she

29  considers it appropriate to do so.

30         1.  The ownership and encumbrance report must be

31  printed or typed on stationery or other paper showing a

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  1  letterhead of the person, firm, or company that makes the

  2  search, and the signature of the person who makes the search

  3  or of an officer of the firm must be attached. The tax

  4  collector is not liable for payment to the firm unless these

  5  requirements are met.

  6         2.  The tax collector may not accept or pay for any

  7  title search or abstract if no financial responsibility is

  8  assumed for the search. However, reasonable restrictions as to

  9  the liability or responsibility of the title or abstract

10  company are acceptable.

11         3.  In order to establish uniform prices for ownership

12  and encumbrance reports within the county, the tax collector

13  shall ensure that the contract for ownership and encumbrance

14  reports include all requests for title searches or abstracts

15  for a given period of time.

16         (b)  Any fee paid for any title search or abstract must

17  be collected at the time of application under section (1), and

18  the amount of the fee must be added to the opening bid.

19         (c)  The clerk shall advertise and administer the sale

20  and receive such fees for the issuance of the deed and sale of

21  the property as are provided in s. 28.24.

22         Section 5.  Paragraph (c) of subsection (4) of section

23  236.081, Florida Statutes, is amended to read:

24         236.081  Funds for operation of schools.--If the annual

25  allocation from the Florida Education Finance Program to each

26  district for operation of schools is not determined in the

27  annual appropriations act or the substantive bill implementing

28  the annual appropriations act, it shall be determined as

29  follows:

30         (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL

31  EFFORT.--The Legislature shall prescribe the aggregate

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    Florida Senate - 2001                                  SB 1576
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  1  required local effort for all school districts collectively as

  2  an item in the General Appropriations Act for each fiscal

  3  year. The amount that each district shall provide annually

  4  toward the cost of the Florida Education Finance Program for

  5  kindergarten through grade 12 programs shall be calculated as

  6  follows:

  7         (c)  Equalization of required local effort.--

  8         1.  The Department of Revenue shall include with its

  9  certifications provided pursuant to paragraph (a) a level of

10  assessment calculated for each county by averaging its most

11  recent determination of the assessment level of the prior

12  year's assessment roll and each of the three preceding

13  assessment rolls for each county. Based on these calculated

14  4-year average levels of assessment and the estimates of

15  taxable value certified pursuant to paragraph (a) for each

16  county, the Department of Revenue shall also certify an

17  assessment level and for the state as a whole.

18         2.  The commissioner shall adjust the required local

19  effort millage of each district for the current year, computed

20  pursuant to paragraph (a), as follows:

21         a.  The equalization factor for the prior year's

22  assessment roll of each district shall be multiplied by 95

23  percent of the taxable value for school purposes shown on that

24  roll and by the prior year's required local-effort millage,

25  exclusive of any equalization adjustment made pursuant to this

26  paragraph. The dollar amount so computed shall be the

27  additional required local effort for equalization for the

28  current year.

29         b.  Such equalization factor shall be computed as the

30  quotient of the prior year's assessment level of the state as

31  a whole as calculated under subparagraph 1. divided by the

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    Florida Senate - 2001                                  SB 1576
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  1  4-year average level of assessment of the county calculated

  2  under subparagraph 1. prior year's assessment level of the

  3  county, from which quotient shall be subtracted 1.

  4         c.  The dollar amount of additional required local

  5  effort for equalization for each district shall be converted

  6  to a millage rate, based on 95 percent of the current year's

  7  taxable value for that district, and added to the required

  8  local effort millage determined pursuant to paragraph (a).

  9         3.  Notwithstanding the limitations imposed pursuant to

10  s. 236.25(1), the total required local-effort millage,

11  including additional required local effort for equalization,

12  shall be an amount not to exceed 10 minus the maximum millage

13  allowed as nonvoted discretionary millage, exclusive of

14  millage authorized pursuant to s. 236.25(2). Nothing herein

15  shall be construed to allow a millage in excess of that

16  authorized in s. 9, Art. VII of the State Constitution.

17         4.  For the purposes of this chapter, the term

18  "assessment level" means the value-weighted mean assessment

19  ratio for the county or state as a whole, as determined

20  pursuant to s. 195.096, or as subsequently adjusted. In the

21  event a court has adjudicated that the department failed to

22  establish an accurate estimate of an assessment level of a

23  county and recomputation resulting in an accurate estimate

24  based upon the evidence before the court was not possible,

25  that county shall be presumed to have an assessment level

26  equal to that of the state as a whole.

27         5.  If, in the prior year, taxes were levied against an

28  interim assessment roll pursuant to s. 193.1145, the

29  assessment level and prior year's nonexempt assessed valuation

30  used for the purposes of this paragraph shall be those of the

31  interim assessment roll.

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    Florida Senate - 2001                                  SB 1576
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  1         Section 6.  Except as otherwise expressly provided in

  2  this act, this act shall take effect July 1, 2001.

  3

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  5                          SENATE SUMMARY

  6    Requires the Department of Revenue to document and retain
      records used in the review of assessment. Effective for
  7    the 2003 tax rolls and subsequent tax rolls, requires the
      department to study assessment groups or market areas to
  8    assure the representativeness of ratio-study samples.
      Requires the department to report levels of assessment as
  9    an index. Authorizes the tax collector to contract with a
      title abstract company to provide information concerning
10    property described in a tax certificate. Authorizes the
      tax collector to pay a reasonable fee for this
11    information. Provides that the amount of any fee paid for
      this information must be added to the opening bid for a
12    tax deed for the property. Requires the department to
      report levels of assessment based on a 4-year average.
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