HOUSE AMENDMENT
                                                  Bill No. HB 1983
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Wallace offered the following:
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13         Amendment (with title amendment) 
14         On page 2, line 15
15  remove from the bill:  everything after the enacting clause
16  
17  and insert in lieu thereof:  
18         Section 1.  Section 193.155, Florida Statutes, is
19  amended to read:
20         193.155  Homestead assessments.--Homestead property
21  shall be assessed at just value as of January 1, 1994.
22  Property receiving the homestead exemption after January 1,
23  1994, shall be assessed at just value as of January 1 of the
24  year in which the property receives the exemption. Thereafter,
25  determination of the assessed value of the property is subject
26  to the following provisions:
27         (1)  Beginning in 1995, or the year following the year
28  the property receives homestead exemption, whichever is later,
29  the property shall be reassessed annually on January 1. Any
30  change resulting from such reassessment shall not exceed the
31  lower of the following:
                                  1
    File original & 9 copies    04/30/01                          
    hft0006                     04:56 pm         01983-0047-463551

HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 (a) Three percent of the assessed value of the 2 property for the prior year; or 3 (b) The percentage change in the Consumer Price Index 4 for All Urban Consumers, U.S. City Average, all items 5 1967=100, or successor reports for the preceding calendar year 6 as initially reported by the United States Department of 7 Labor, Bureau of Labor Statistics. 8 (2) If the assessed value of the property as 9 calculated under subsection (1) exceeds the just value, the 10 assessed value of the property shall be lowered to the just 11 value of the property. 12 (3) Except as provided in this subsection, property 13 assessed under this section shall be assessed at just value as 14 of January 1 of the year following a change of ownership. 15 Thereafter, the annual changes in the assessed value of the 16 property are subject to the limitations in subsections (1) and 17 (2). For the purpose of this section, a change in ownership 18 means any sale, foreclosure, or transfer of legal title or 19 beneficial title in equity to any person, except as provided 20 in this subsection. There is no change of ownership if: 21 (a) Subsequent to the change or transfer, the same 22 person is entitled to the homestead exemption as was 23 previously entitled and: 24 1. The transfer of title is to correct an error; or 25 2. The transfer is between legal and equitable title; 26 (b) The transfer is between husband and wife, 27 including a transfer to a surviving spouse or a transfer due 28 to a dissolution of marriage; 29 (c) The transfer occurs by operation of law under s. 30 732.4015; or 31 (d) Upon the death of the owner, the transfer is 2 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 between the owner and another who is a permanent resident and 2 is legally or naturally dependent upon the owner. 3 (4)(a) Changes, additions, or improvements to 4 homestead property shall be assessed at just value as of the 5 first January 1 after the changes, additions, or improvements 6 are substantially completed. 7 (b) Changes, additions, or improvements do not include 8 replacement of a portion of real property damaged or destroyed 9 by misfortune or calamity when the just value of the damaged 10 or destroyed portion as replaced is not more than 125 percent 11 of the just value of the damaged or destroyed portion. The 12 value of any replaced real property, or portion thereof, which 13 is in excess of 125 percent of the just value of the damaged 14 or destroyed property shall be deemed to be a change, 15 addition, or improvement. Replaced real property with a just 16 value of less than 100 percent of the original property's just 17 value shall be assessed pursuant to subsection (5). 18 (c) Changes, additions, or improvements include 19 improvements made to common areas or other improvements made 20 to property other than to the homestead property by the owner 21 or by an owner association, which improvements directly 22 benefit the homestead property. Such changes, additions, or 23 improvements shall be assessed at just value, and the just 24 value shall be apportioned among the parcels benefiting from 25 the improvement. 26 (5) When property is destroyed or removed and not 27 replaced, the assessed value of the parcel shall be reduced by 28 the assessed value attributable to the destroyed or removed 29 property. 30 (6) Only property that receives a homestead exemption 31 is subject to this section. No portion of property that is 3 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 assessed solely on the basis of character or use pursuant to 2 s. 193.461 or s. 193.501, or assessed pursuant to s. 193.505, 3 is subject to this section. When property is assessed under s. 4 193.461, s. 193.501, or s. 193.505 and contains a residence 5 under the same ownership, the portion of the property 6 consisting of the residence and curtilage must be assessed 7 separately, pursuant to s. 193.011, for the assessment to be 8 subject to the limitation in this section. 9 (7) If a person received a homestead exemption limited 10 to that person's proportionate interest in real property, the 11 provisions of this section apply only to that interest. 12 (8) Erroneous assessments of homestead property 13 assessed under this section may be corrected in the following 14 manner: 15 (a) If errors are made in arriving at any annual 16 assessment under this section due to a material mistake of 17 fact concerning an essential characteristic of the property, 18 the just value and assessed value assessment must be 19 recalculated for every such year, including the year in which 20 the mistake occurred. 21 (b) If changes, additions, or improvements are not 22 assessed at just value as of the first January 1 after they 23 were substantially completed, the property appraiser shall 24 determine the just value for such changes, additions, or 25 improvements for the year they were substantially completed. 26 Assessments for subsequent years shall be corrected, applying 27 this section if applicable. 28 (c) If back taxes are due pursuant to s. 193.092, the 29 corrections made pursuant to this subsection shall be used to 30 calculate such back taxes. 31 (9) If the property appraiser determines that for any 4 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 year or years within the prior 10 years a person who was not 2 entitled to the homestead property assessment limitation 3 granted under this section was granted the homestead property 4 assessment limitation, the property appraiser making such 5 determination shall record in the public records of the county 6 a notice of tax lien against any property owned by that person 7 in the county, and such property must be identified in the 8 notice of tax lien. Such property that is situated in this 9 state is subject to the unpaid taxes, plus a penalty of 50 10 percent of the unpaid taxes for each year and 15 percent 11 interest per annum. However, when a person entitled to 12 exemption pursuant to s. 196.031 inadvertently receives the 13 limitation pursuant to this section following a change of 14 ownership, the assessment of such property must be corrected 15 as provided in paragraph (8)(a), and the person need not pay 16 the unpaid taxes, penalties, or interest. 17 Section 2. Paragraph (c) of subsection (2) of section 18 195.096, Florida Statutes, is amended to read: 19 195.096 Review of assessment rolls.-- 20 (2) The department shall conduct, no less frequently 21 than once every 2 years, an in-depth review of the assessment 22 rolls of each county. The department need not individually 23 study every use-class of property set forth in s. 195.073, but 24 shall at a minimum study the level of assessment in relation 25 to just value of each classification specified in subsection 26 (3). Such in-depth review may include proceedings of the value 27 adjustment board and the audit or review of procedures used by 28 the counties to appraise property. 29 (c) In conducting assessment ratio studies, the 30 department must use a representative or statistically reliable 31 sample of properties in tests of each classification, stratum, 5 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 or roll made the subject of a ratio study published by it. The 2 department shall document and retain records of the measures 3 of representativeness of the properties studied in compliance 4 with this section. Such documentation must include a record of 5 findings used as the basis for the approval or disapproval of 6 the tax roll in each county pursuant to s. 193.1142. For 7 purposes of this section, the department shall rely primarily 8 on an assessment-to-sales-ratio study in conducting assessment 9 ratio studies in those classifications of property specified 10 in subsection (3) for which there are adequate market sales. 11 The department shall compute the median and the value-weighted 12 mean for each classification or subclassification studied and 13 for the roll as a whole. 14 Section 3. Effective January 1, 2003, paragraph (c) of 15 subsection (2) of section 195.096, Florida Statutes, as 16 amended by this act, is amended to read: 17 195.096 Review of assessment rolls.-- 18 (2) The department shall conduct, no less frequently 19 than once every 2 years, an in-depth review of the assessment 20 rolls of each county. The department need not individually 21 study every use-class of property set forth in s. 195.073, but 22 shall at a minimum study the level of assessment in relation 23 to just value of each classification specified in subsection 24 (3). Such in-depth review may include proceedings of the value 25 adjustment board and the audit or review of procedures used by 26 the counties to appraise property. 27 (c) In conducting assessment ratio studies, the 28 department must use a representative or statistically reliable 29 sample of properties in tests of each classification, stratum, 30 or roll made the subject of a ratio study published by it. The 31 department shall document and retain records of the measures 6 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 of representativeness of the properties studied in compliance 2 with this section. Such documentation must include a record of 3 findings used as the basis for the approval or disapproval of 4 the tax roll in each county pursuant to s. 193.1142. In 5 addition, to the greatest extent practicable, the department 6 shall study assessment roll strata by value groups or market 7 areas for each classification, subclassification, or stratum 8 to be studied to ensure the representativeness of ratio study 9 samples. For purposes of this section, the department shall 10 rely primarily on an assessment-to-sales-ratio study in 11 conducting assessment ratio studies in those classifications 12 of property specified in subsection (3) for which there are 13 adequate market sales. The department shall compute the 14 median and the value-weighted mean for each classification or 15 subclassification studied and for the roll as a whole. 16 Section 4. Effective upon this act becoming a law and 17 applicable to the tax year 2001 and thereafter, section 18 196.1975, Florida Statutes, is amended to read: 19 196.1975 Exemption for property used by nonprofit 20 homes for the aged.--Nonprofit homes for the aged are exempt 21 to the extent that they meet the following criteria: 22 (1) The applicant must be a corporation not for profit 23 pursuant to chapter 617 or a Florida limited partnership, the 24 sole general partner of which is a corporation not for profit 25 pursuant to chapter 617, and the corporation not for profit 26 must have been exempt as of January 1 of the year for which 27 exemption from ad valorem property taxes is requested from 28 federal income taxation by having qualified as an exempt 29 charitable organization under the provisions of s. 501(c)(3) 30 of the Internal Revenue Code of 1954 or of the corresponding 31 section of a subsequently enacted federal revenue act. 7 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 (2) A facility will not qualify as a "home for the 2 aged" unless at least 75 percent of the occupants are over the 3 age of 62 years or totally and permanently disabled. For 4 homes for the aged which are exempt from paying income taxes 5 to the United States as specified in subsection (1), licensing 6 by the Agency for Health Care Administration is required for 7 ad valorem tax exemption hereunder only if the home: 8 (a) Furnishes medical facilities or nursing services 9 to its residents, or 10 (b) Qualifies as an assisted living facility under 11 part III of chapter 400. 12 (3) Those portions of the home for the aged which are 13 devoted exclusively to the conduct of religious services or 14 the rendering of nursing or medical services are exempt from 15 ad valorem taxation. 16 (4)(a) After removing the assessed value exempted in 17 subsection (3), units or apartments in homes for the aged 18 shall be exempt only to the extent that residency in the 19 existing unit or apartment of the applicant home is reserved 20 for or restricted to or the unit or apartment is occupied by 21 persons who have resided in the applicant home and in good 22 faith made this state their permanent residence as of January 23 1 of the year in which exemption is claimed and who also meet 24 the requirements set forth in one of the following 25 subparagraphs: 26 1. Persons who have gross incomes of not more than 27 $7,200 per year and who are 62 years of age or older. 28 2. Couples, one of whom must be 62 years of age or 29 older, having a combined gross income of not more than $8,000 30 per year, or the surviving spouse thereof, who lived with the 31 deceased at the time of the deceased's death in a home for the 8 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 aged. 2 3. Persons who are totally and permanently disabled 3 and who have gross incomes of not more than $7,200 per year. 4 4. Couples, one or both of whom are totally and 5 permanently disabled, having a combined gross income of not 6 more than $8,000 per year, or the surviving spouse thereof, 7 who lived with the deceased at the time of the deceased's 8 death in a home for the aged. 9 10 However, the income limitations do not apply to totally and 11 permanently disabled veterans, provided they meet the 12 requirements of s. 196.081. 13 (b) The maximum income limitations permitted in this 14 subsection shall be adjusted, effective January 1, 1977, and 15 on each succeeding year, by the percentage change in the 16 average cost-of-living index in the period January 1 through 17 December 31 of the immediate prior year compared with the same 18 period for the year prior to that. The index is the average 19 of the monthly consumer price index figures for the stated 20 12-month period, relative to the United States as a whole, 21 issued by the United States Department of Labor. 22 (5) Nonprofit housing projects that which are financed 23 by a mortgage loan made or insured by the United States 24 Department of Housing and Urban Development under s. 202, s. 25 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the 26 National Housing Act, as amended, and that which are subject 27 to the income limitations established by that department are 28 shall be exempt from ad valorem taxation. 29 (6) For the purposes of this section, gross income 30 includes social security benefits payable to the person or 31 couple or assigned to an organization designated specifically 9 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 for the support or benefit of that person or couple. 2 (7) It is hereby declared to be the intent of the 3 Legislature that subsection (3) implements the ad valorem tax 4 exemption authorized in the third sentence of s. 3(a), Art. 5 VII, State Constitution, and the remaining subsections 6 implement s. 6(e), Art. VII, State Constitution, for purposes 7 of granting such exemption to homes for the aged. 8 (8) Physical occupancy on January 1 is not required in 9 those instances in which a home restricts occupancy to persons 10 meeting the income requirements specified in this section. 11 Those portions of a such property failing to meet those 12 requirements shall qualify for an alternative exemption as 13 provided in subsection (9). In a home in which at least 25 14 percent of the units or apartments of the home are restricted 15 to or occupied by persons meeting the income requirements 16 specified in this section, the common areas of that home are 17 exempt from taxation. 18 (9)(a) Each unit or apartment of a home for the aged 19 not exempted in subsection (3) or subsection (4), which is 20 operated by a not for profit corporation and is owned by such 21 corporation or leased by such corporation from a health 22 facilities authority pursuant to part III of chapter 154 or an 23 industrial development authority pursuant to part III of 24 chapter 159, and which property is used by such home for the 25 aged for the purposes for which it was organized, is exempt 26 from all ad valorem taxation, except for assessments for 27 special benefits, to the extent of $25,000 of assessed 28 valuation of such property for each apartment or unit: 29 1. Which is used by such home for the aged for the 30 purposes for which it was organized; and 31 2. Which is occupied, on January 1 of the year in 10 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 which exemption from ad valorem property taxation is 2 requested, by a person who resides therein and in good faith 3 makes the same his or her permanent home. 4 (b) Each corporation home applying for an exemption 5 under paragraph (a) of this subsection or paragraph (4)(a) 6 must file with the annual application for exemption an 7 affidavit from each person who occupies a unit or apartment 8 for which an exemption under either of those paragraphs that 9 paragraph is claimed stating that the person resides therein 10 and in good faith makes that unit or apartment his or her 11 permanent residence. 12 (10) Homes for the aged, or life care communities, 13 however designated, which are financed through the sale of 14 health facilities authority bonds or bonds of any other public 15 entity, whether on a sale-leaseback basis, a sale-repurchase 16 basis, or other financing arrangement, or which are financed 17 without public-entity bonds, are exempt from ad valorem 18 taxation only in accordance with the provisions of this 19 section. 20 (11) Any portion of such property used for nonexempt 21 purposes may be valued and placed upon the tax rolls 22 separately from any portion entitled to exemption pursuant to 23 this chapter. 24 (12) When it becomes necessary for the property 25 appraiser to determine the value of a unit, he or she shall 26 include in such valuation the proportionate share of the 27 common areas, including the land, fairly attributable to such 28 unit, based upon the value of such unit in relation to all 29 other units in the home, unless the common areas are otherwise 30 exempted by subsection (8). 31 Section 5. Section 197.212, Florida Statutes, is 11 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 amended to read: 2 197.212 Minimum tax bill.--On the recommendation of 3 the county tax collector, the board of county commissioners 4 may adopt a resolution instructing the collector not to mail 5 tax notices to a taxpayer when the amount of taxes shown on 6 the tax notice is less than an amount up to $50 $5. The 7 resolution shall also instruct the property appraiser that he 8 or she shall not make an extension on the tax roll for any 9 parcel for which the tax would amount to less than an amount 10 up to $50 $5. The minimum tax bill so established may not 11 exceed an amount up to $50 $5. 12 Section 6. Subsection (1) of section 197.343, Florida 13 Statutes, is amended to read: 14 197.343 Tax notices; additional notice required.-- 15 (1) An additional tax notice shall be mailed by April 16 30 10 to each taxpayer whose payment has not been received. 17 The notice shall include a description of the property and the 18 following statement: If the taxes for ...(year)... on your 19 property are not paid, a tax certificate will be sold for 20 these taxes, and your property may be sold at a future date. 21 Contact the tax collector's office at once. 22 Section 7. Subsection (5) of section 197.502, Florida 23 Statutes, is amended to read: 24 197.502 Application for obtaining tax deed by holder 25 of tax sale certificate; fees.-- 26 (5)(a) The tax collector may contract with a title 27 company or an abstract company at a reasonable fee to provide 28 the minimum information required by subsection (4), consistent 29 with rules adopted by the department. If additional 30 information is required, the tax collector shall make a 31 written request to the title or abstract company stating the 12 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 additional requirements. The tax collector may select any 2 title or abstract company, regardless of its location, as long 3 as the fee is reasonable, the minimum information is 4 submitted, and the title or abstract company is authorized to 5 do business in this state. The tax collector may advertise and 6 accept bids for the title or abstract company if he or she 7 considers it appropriate to do so. 8 1. The ownership and encumbrance report must be 9 printed or typed on stationery or other paper showing a 10 letterhead of the person, firm, or company that makes the 11 search, and the signature of the person who makes the search 12 or of an officer of the firm must be attached. The tax 13 collector is not liable for payment to the firm unless these 14 requirements are met. 15 2. The tax collector shall not accept or pay for any 16 title search or abstract if no financial responsibility is 17 assumed for the search. However, reasonable restrictions as to 18 the liability or responsibility of the title or abstract 19 company are acceptable. 20 3. In order to establish uniform prices for ownership 21 and encumbrance reports within the county, the tax collector 22 shall ensure that the contract for ownership and encumbrance 23 reports include all requests for title searches or abstracts 24 for a given period of time. 25 (b) Any fee paid for any title search or abstract 26 shall be collected at the time of application under subsection 27 (1), and the amount of the fee shall be added to the opening 28 bid. 29 (c) The clerk shall advertise and administer the sale 30 and receive such fees for the issuance of the deed and sale of 31 the property as are provided in s. 28.24. 13 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 Section 8. Effective January 1, 2002, section 200.069, 2 Florida Statutes, is amended to read: 3 200.069 Notice of proposed property taxes and non-ad 4 valorem assessments.--Pursuant to s. 200.065(2)(b), the 5 property appraiser, in the name of the taxing authorities and 6 local governing boards levying non-ad valorem assessments 7 within his or her jurisdiction and at the expense of the 8 county, shall prepare and deliver by first-class mail to each 9 taxpayer to be listed on the current year's assessment roll a 10 notice of proposed property taxes, which notice shall be in 11 substantially the following form. Notwithstanding the 12 provisions of s. 195.022, no county officer shall use a form 13 other than that provided by the department for this purpose, 14 except as provided in subsection (11) and s. 200.065(13). 15 (1) The notice shall read: 16 17 NOTICE OF PROPOSED PROPERTY TAXES 18 DO NOT PAY--THIS IS NOT A BILL 19 20 The taxing authorities which levy property taxes 21 against your property will soon hold PUBLIC HEARINGS to adopt 22 budgets and tax rates for the next year. 23 The purpose of these PUBLIC HEARINGS is to receive 24 opinions from the general public and to answer questions on 25 the proposed tax change and budget PRIOR TO TAKING FINAL 26 ACTION. 27 Each taxing authority may AMEND OR ALTER its proposals 28 at the hearing. 29 30 (2) The notice shall further contain information 31 applicable to the specific parcel in question. The 14 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 information shall be in columnar form. There shall be five 2 column headings which shall read: "Taxing Authority," "Your 3 Property Taxes Last Year," "Your Taxes This Year IF PROPOSED 4 Budget Change is Made," "A Public Hearing on the Proposed 5 Taxes and Budget Will be Held:", and "Your Taxes This Year IF 6 NO Budget Change is Made." 7 (3) There shall be under each column heading an entry 8 for the county; the school district levy required pursuant to 9 s. 236.02(6); other operating school levies; the municipality 10 or municipal service taxing unit or units in which the parcel 11 lies, if any; the water management district levying pursuant 12 to s. 373.503; the a single entry for other independent 13 special districts in which the parcel lies, if any, except as 14 provided in subsection (11); and a single entry for all voted 15 levies for debt service applicable to the parcel, if any. 16 (4) For each entry listed in subsection (3), there 17 shall appear on the notice the following: 18 (a) In the first column, a brief, commonly used name 19 for the taxing authority or its governing body. The entry in 20 the first column for the levy required pursuant to s. 21 236.02(6) shall be "By State Law." The entry for other 22 operating school district levies shall be "By Local Board." 23 Both school levy entries shall be indented and preceded by the 24 notation "Public Schools:". The entry in the first column for 25 independent special districts other than the water management 26 district shall be "Independent Special Districts," except as 27 provided in subsection (11). For each voted levy levies for 28 debt service, the entry shall be "Voter Approved Debt 29 Payments." 30 (b) In the second column, the gross amount of ad 31 valorem taxes levied against the parcel in the previous year. 15 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 If the parcel did not exist in the previous year, the second 2 column shall be blank. 3 (c) In the third column, the gross amount of ad 4 valorem taxes proposed to be levied in the current year, which 5 amount shall be based on the proposed millage rates provided 6 to the property appraiser pursuant to s. 200.065(2)(b) or, in 7 the case of voted levies for debt service, the millage rate 8 previously authorized by referendum, and the taxable value of 9 the parcel as shown on the current year's assessment roll. 10 (d) In the fourth column, the date, the time, and a 11 brief description of the location of the public hearing 12 required pursuant to s. 200.065(2)(c). However: 13 1. No entry shall be made in the fourth column for the 14 line showing independent special districts other than water 15 management districts if that line represents more than one 16 district; 17 2. For the line showing voted levies for debt service 18 pursuant to paragraph (a), the following statement shall 19 appear: "Includes debt of ...(list of brief, commonly used 20 names for each taxing authority whose debt service levy is 21 included on this line)..."; and 22 3. For the line showing totals, the following 23 statement shall appear: "For details on independent special 24 districts and voter-approved debt, contact your Tax Collector 25 at ...(phone number)...." If the option in subsection (11) is 26 utilized, the phrase "independent special districts and" shall 27 be deleted. 28 (e) In the fifth column, the gross amount of ad 29 valorem taxes which would apply to the parcel in the current 30 year if each taxing authority were to levy the rolled-back 31 rate computed pursuant to s. 200.065(1) or, in the case of 16 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 voted levies for debt service, the amount previously 2 authorized by referendum. 3 (f) For special assessments collected utilizing the ad 4 valorem method pursuant to s. 197.363, the previous year's 5 assessment amount shall be added to the ad valorem taxes shown 6 in the second and fifth columns, and the amount proposed to be 7 imposed for the current year shall be added to the ad valorem 8 taxes shown in the third column. 9 (5) The amounts shown on each line preceding each the 10 entry for voted levies for debt service shall include the sum 11 of all ad valorem levies of the applicable unit of local 12 government for operating purposes, including those of 13 dependent special districts (except for municipal service 14 taxing units, which shall be listed on the line for 15 municipalities), and all nonvoted or nondebt service special 16 assessments imposed by the applicable unit of local government 17 to be collected utilizing the ad valorem method. Voted levies 18 for debt service for all units of local government shall be 19 combined and shown on a single line, including voter-approved 20 special assessments for debt service if collected utilizing 21 the ad valorem method. 22 (6) Following the entries for each taxing authority, a 23 final entry shall show: in the first column, the words "Total 24 Property Taxes:" and in the second, third, and fifth columns, 25 the sum of the entries for each of the individual taxing 26 authorities. The second, third, and fifth columns shall, 27 immediately below said entries, be labeled Column 1, Column 2, 28 and Column 3, respectively. Below these labels shall appear, 29 in boldfaced type, the statement: SEE REVERSE SIDE FOR 30 EXPLANATION. 31 (7) The notice shall further show a brief legal 17 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 description of the property and the name and mailing address 2 of the owner of record. 3 (8) The notice shall further read: 4 5 Market Assessed Exemp- Taxable 6 Value Value tions Value 7 Your Property 8 Value Last 9 Year $......... $......... $......... $......... 10 Your Property 11 Value This 12 Year $......... $......... $......... $......... 13 14 If you feel that the market value of your property is 15 inaccurate or does not reflect fair market value, contact your 16 county property appraiser at ...(phone number)... or 17 ...(location).... 18 If the property appraiser's office is unable to resolve 19 the matter as to market value, you may file a petition for 20 adjustment with the Value Adjustment Board. Petition forms are 21 available from the county property appraiser and must be filed 22 ON OR BEFORE ...(date).... 23 24 (9) The reverse side of the form shall read: 25 26 EXPLANATION 27 28 *COLUMN 1--"YOUR PROPERTY TAXES LAST YEAR" 29 This column shows the taxes that applied last year to your 30 property. These amounts were based on budgets adopted last 31 year and your property's previous taxable value. 18 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 *COLUMN 2--"YOUR TAXES IF PROPOSED BUDGET CHANGE IS MADE" 2 This column shows what your taxes will be this year under the 3 BUDGET ACTUALLY PROPOSED by each local taxing authority. The 4 proposal is NOT final and may be amended at the public 5 hearings shown on the front side of this notice. 6 *COLUMN 3--"YOUR TAXES IF NO BUDGET CHANGE IS MADE" 7 This column shows what your taxes will be this year IF EACH 8 TAXING AUTHORITY DOES NOT INCREASE ITS PROPERTY TAX LEVY. 9 These amounts are based on last year's budgets and your 10 current assessment. The difference between columns 2 and 3 is 11 the tax change proposed by each local taxing authority and is 12 NOT the result of higher assessments. 13 ASSESSED VALUE means: 14 For homestead property: value as limited by the State 15 Constitution; 16 For agricultural and similarly assessed property: 17 classified use value; 18 For all other property: market value. 19 20 *Note: Amounts shown on this form do NOT reflect early payment 21 discounts you may have received or may be eligible to receive. 22 (Discounts are a maximum of 4 percent of the amounts shown on 23 this form.) 24 25 (10) The front side of the form required pursuant to 26 this section shall approximate in all essential respects the 27 facsimile set forth in this subsection as it appears in s. 26, 28 chapter 80-274, Laws of Florida, except for amendments 29 subsequent to 1980. 30 (11) If authorized by resolution of the governing body 31 of the county prior to July 1, and with the written 19 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 concurrence of the property appraiser, the notice specified in 2 this section shall contain a separate line entry for each 3 independent special taxing district in the jurisdiction of 4 which the parcel lies. Each such district shall be identified 5 by name. The form used for this purpose shall be identical to 6 that supplied by the department and shall be delivered to the 7 property appraiser not later than July 31, except that a 8 larger space shall be provided for listing the columnar 9 information specified in subsections (2), (3), (4), and (5). 10 If the executive director of the department grants written 11 permission, the form may be printed only on one side. The 12 governing body of the county shall bear the expense of 13 procuring such form. 14 (11)(12) The bottom portion of the notice shall 15 further read in bold, conspicuous print: 16 17 "Your final tax bill may contain non-ad valorem 18 assessments which may not be reflected on this 19 notice such as assessments for roads, fire, 20 garbage, lighting, drainage, water, sewer, or 21 other governmental services and facilities 22 which may be levied by your county, city, or 23 any special district." 24 25 (12)(13)(a) If requested by the local governing board 26 levying non-ad valorem assessments and agreed to by the 27 property appraiser, the notice specified in this section may 28 contain a notice of proposed or adopted non-ad valorem 29 assessments. If so agreed, the notice shall be titled: 30 31 NOTICE OF PROPOSED PROPERTY TAXES 20 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 AND PROPOSED OR ADOPTED 2 NON-AD VALOREM ASSESSMENTS 3 DO NOT PAY--THIS IS NOT A BILL 4 5 There must be a clear partition between the notice of proposed 6 property taxes and the notice of proposed or adopted non-ad 7 valorem assessments. The partition must be a bold, horizontal 8 line approximately 1/8 -inch thick. By rule, the department 9 shall provide a format for the form of the notice of proposed 10 or adopted non-ad valorem assessments which meets the 11 following minimum requirements: 12 1. There must be subheading for columns listing the 13 levying local governing board, with corresponding assessment 14 rates expressed in dollars and cents per unit of assessment, 15 and the associated assessment amount. 16 2. The purpose of each assessment must also be listed 17 in the column listing the levying local governing board if the 18 purpose is not clearly indicated by the name of the board. 19 3. Each non-ad valorem assessment for each levying 20 local governing board must be listed separately. 21 4. If a county has too many municipal service benefit 22 units or assessments to be listed separately, it shall combine 23 them by function. 24 5. A brief statement outlining the responsibility of 25 the tax collector and each levying local governing board as to 26 any non-ad valorem assessment must be provided on the form, 27 accompanied by directions as to which office to contact for 28 particular questions or problems. 29 (b) If the notice includes all adopted non-ad valorem 30 assessments, the provisions contained in subsection (11) (12) 31 shall not be placed on the notice. 21 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 Section 9. Effective January 1, 2002, paragraph (a) of 2 subsection (1) of section 192.0105, Florida Statutes, is 3 amended to read: 4 192.0105 Taxpayer rights.--There is created a Florida 5 Taxpayer's Bill of Rights for property taxes and assessments 6 to guarantee that the rights, privacy, and property of the 7 taxpayers of this state are adequately safeguarded and 8 protected during tax levy, assessment, collection, and 9 enforcement processes administered under the revenue laws of 10 this state. The Taxpayer's Bill of Rights compiles, in one 11 document, brief but comprehensive statements that summarize 12 the rights and obligations of the property appraisers, tax 13 collectors, clerks of the court, local governing boards, the 14 Department of Revenue, and taxpayers. The rights afforded 15 taxpayers to assure that their privacy and property are 16 safeguarded and protected during tax levy, assessment, and 17 collection are available only insofar as they are implemented 18 in other parts of the Florida Statutes or rules of the 19 Department of Revenue. The rights so guaranteed to state 20 taxpayers in the Florida Statutes and the departmental rules 21 include: 22 (1) THE RIGHT TO KNOW.-- 23 (a) The right to be mailed notice of proposed property 24 taxes and proposed or adopted non-ad valorem assessments (see 25 ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and 26 200.069). The notice must also inform the taxpayer that the 27 final tax bill may contain additional non-ad valorem 28 assessments (see s. 200.069(11)(12)). 29 Section 10. (1) There is created the Property Tax 30 Administration Task Force for the purpose of serving as a 31 forum for bringing issues in property tax administration to 22 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 the Department of Revenue, providing and evaluating 2 suggestions for improving the property tax administration 3 process, and promoting greater understanding of property tax 4 administration issues. The Property Tax Administration Task 5 Force shall consist of members representing business and 6 industry, taxpayer groups, municipalities, counties, school 7 districts, special districts, state government, and elected 8 officials charged with assessing and collecting property 9 taxes. The executive director of the department shall appoint 10 the members. The task force shall make periodic reports to the 11 department concerning findings and recommendations in the area 12 of property tax administration. 13 (2) This section shall take effect upon this act 14 becoming a law. 15 Section 11. (1) There is created an advisory 16 committee on airport and seaport property taxation, consisting 17 of 8 members, two of whom shall be appointed by the Governor. 18 The President of the Senate shall appoint two members, one of 19 which must be a member of the Senate, and the Speaker of the 20 House shall appoint two members, one of which must be a member 21 of the House of Representatives. The executive director of the 22 Department of Revenue and one property appraiser appointed by 23 the executive director shall also serve on the committee. The 24 advisory committee shall study the taxation of airport and 25 seaport property and shall submit a written report on this 26 issue to the President of the Senate and the Speaker of the 27 House of Representatives on or before October 1, 2001. The 28 committee shall expire upon completion of the report. 29 (2) This section shall take effect upon becoming a 30 law. 31 Section 12. Except as otherwise provided herein, this 23 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 act shall take effect July 1, 2001. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On page 1, line 2, through 7 Page 2, line 11 8 remove from the title of the bill: all of said lines 9 10 and insert in lieu thereof: 11 An act relating to ad valorem tax 12 administration; amending s. 193.155, F.S.; 13 revising provisions relating to the correction 14 of errors in the assessment of homestead 15 property due to a material mistake of fact; 16 amending s. 195.096, F.S.; requiring the 17 Department of Revenue to document and retain 18 records used in the review of assessment rolls; 19 requiring the department, effective for 2003 20 and subsequent tax rolls, to study assessment 21 roll strata by value groups or market areas to 22 ensure the representativeness of ratio study 23 samples; amending s. 196.1975, F.S., relating 24 to exemptions for nonprofit homes for the aged; 25 specifying that the exemption applicable to 26 such homes the residents of which meet certain 27 income limitations applies to individual units 28 or apartments of such homes; providing for 29 application of a residency affidavit 30 requirement to applicants for such an 31 exemption; clarifying provisions relating to 24 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 qualification for the alternative exemption 2 provided by that section for those portions of 3 a home in which the residents do not meet the 4 income limitations; providing that s. 196.195, 5 F.S., relating to requirements and criteria for 6 determining the profit or nonprofit status of 7 an applicant for exemption, and s. 196.196, 8 F.S., relating to criteria for determining 9 whether property is entitled to a charitable, 10 religious, scientific, or literary exemption, 11 do not apply to that section; amending s. 12 197.212, F.S., which allows the board of county 13 commissioners to instruct the tax collector not 14 to mail a tax notice when the amount of taxes 15 is less than a specified amount; increasing 16 such minimum amount; amending s. 197.343, F.S.; 17 revising the deadline for mailing an additional 18 tax notice to a taxpayer whose payment has not 19 been received; amending s. 197.502, F.S.; 20 authorizing the tax collector to contract with 21 a title or abstract company to provide 22 information concerning property described in a 23 tax certificate and providing requirements with 24 respect thereto; authorizing the tax collector 25 to pay a reasonable fee for this information; 26 providing that the amount of such fee shall be 27 added to the opening bid for a tax deed for the 28 property; amending s. 200.069, F.S., which 29 provides requirements for the form of the 30 notice of proposed property taxes and non-ad 31 valorem assessments; removing provisions which 25 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551
HOUSE AMENDMENT Bill No. HB 1983 Amendment No. 01 (for drafter's use only) 1 specify that a separate line entry for each 2 independent special taxing district is 3 optional; revising requirements for entries 4 relating to voted levies for debt service; 5 amending s. 192.0105, F.S.; correcting a 6 reference; creating a Property Tax 7 Administration Task Force and providing its 8 duties; creating an advisory committee on 9 airport and seaport property taxation; providng 10 purposes and membership; requiring a report; 11 providing effective dates. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 26 File original & 9 copies 04/30/01 hft0006 04:56 pm 01983-0047-463551