House Bill hb1983

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    Florida House of Representatives - 2001                HB 1983

        By the Committee on Fiscal Policy & Resources and
    Representative Wallace





  1                      A bill to be entitled

  2         An act relating to ad valorem tax

  3         administration; amending s. 193.155, F.S.;

  4         revising provisions relating to the correction

  5         of errors in the assessment of homestead

  6         property due to a material mistake of fact;

  7         amending s. 195.096, F.S.; requiring the

  8         Department of Revenue to document and retain

  9         records used in the review of assessment rolls;

10         requiring the department, effective for 2003

11         and subsequent tax rolls, to study assessment

12         roll strata by value groups or market areas to

13         ensure the representativeness of ratio study

14         samples; amending s. 197.212, F.S., which

15         allows the board of county commissioners to

16         instruct the tax collector not to mail a tax

17         notice when the amount of taxes is less than a

18         specified amount; increasing such minimum

19         amount; amending s. 197.343, F.S.; revising the

20         deadline for mailing an additional tax notice

21         to a taxpayer whose payment has not been

22         received; amending s. 197.502, F.S.;

23         authorizing the tax collector to contract with

24         a title or abstract company to provide

25         information concerning property described in a

26         tax certificate and providing requirements with

27         respect thereto; authorizing the tax collector

28         to pay a reasonable fee for this information;

29         providing that the amount of such fee shall be

30         added to the opening bid for a tax deed for the

31         property; amending s. 200.069, F.S., which

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  1         provides requirements for the form of the

  2         notice of proposed property taxes and non-ad

  3         valorem assessments; removing provisions which

  4         specify that a separate line entry for each

  5         independent special taxing district is

  6         optional; revising requirements for entries

  7         relating to voted levies for debt service;

  8         amending s. 192.0105, F.S.; correcting a

  9         reference; creating a Property Tax

10         Administration Task Force and providing its

11         duties; providing effective dates.

12

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

14

15         Section 1.  Section 193.155, Florida Statutes, is

16  amended to read:

17         193.155  Homestead assessments.--Homestead property

18  shall be assessed at just value as of January 1, 1994.

19  Property receiving the homestead exemption after January 1,

20  1994, shall be assessed at just value as of January 1 of the

21  year in which the property receives the exemption. Thereafter,

22  determination of the assessed value of the property is subject

23  to the following provisions:

24         (1)  Beginning in 1995, or the year following the year

25  the property receives homestead exemption, whichever is later,

26  the property shall be reassessed annually on January 1. Any

27  change resulting from such reassessment shall not exceed the

28  lower of the following:

29         (a)  Three percent of the assessed value of the

30  property for the prior year; or

31

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  1         (b)  The percentage change in the Consumer Price Index

  2  for All Urban Consumers, U.S. City Average, all items

  3  1967=100, or successor reports for the preceding calendar year

  4  as initially reported by the United States Department of

  5  Labor, Bureau of Labor Statistics.

  6         (2)  If the assessed value of the property as

  7  calculated under subsection (1) exceeds the just value, the

  8  assessed value of the property shall be lowered to the just

  9  value of the property.

10         (3)  Except as provided in this subsection, property

11  assessed under this section shall be assessed at just value as

12  of January 1 of the year following a change of ownership.

13  Thereafter, the annual changes in the assessed value of the

14  property are subject to the limitations in subsections (1) and

15  (2). For the purpose of this section, a change in ownership

16  means any sale, foreclosure, or transfer of legal title or

17  beneficial title in equity to any person, except as provided

18  in this subsection. There is no change of ownership if:

19         (a)  Subsequent to the change or transfer, the same

20  person is entitled to the homestead exemption as was

21  previously entitled and:

22         1.  The transfer of title is to correct an error; or

23         2.  The transfer is between legal and equitable title;

24         (b)  The transfer is between husband and wife,

25  including a transfer to a surviving spouse or a transfer due

26  to a dissolution of marriage;

27         (c)  The transfer occurs by operation of law under s.

28  732.4015; or

29         (d)  Upon the death of the owner, the transfer is

30  between the owner and another who is a permanent resident and

31  is legally or naturally dependent upon the owner.

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  1         (4)(a)  Changes, additions, or improvements to

  2  homestead property shall be assessed at just value as of the

  3  first January 1 after the changes, additions, or improvements

  4  are substantially completed.

  5         (b)  Changes, additions, or improvements do not include

  6  replacement of a portion of real property damaged or destroyed

  7  by misfortune or calamity when the just value of the damaged

  8  or destroyed portion as replaced is not more than 125 percent

  9  of the just value of the damaged or destroyed portion. The

10  value of any replaced real property, or portion thereof, which

11  is in excess of 125 percent of the just value of the damaged

12  or destroyed property shall be deemed to be a change,

13  addition, or improvement. Replaced real property with a just

14  value of less than 100 percent of the original property's just

15  value shall be assessed pursuant to subsection (5).

16         (c)  Changes, additions, or improvements include

17  improvements made to common areas or other improvements made

18  to property other than to the homestead property by the owner

19  or by an owner association, which improvements directly

20  benefit the homestead property. Such changes, additions, or

21  improvements shall be assessed at just value, and the just

22  value shall be apportioned among the parcels benefiting from

23  the improvement.

24         (5)  When property is destroyed or removed and not

25  replaced, the assessed value of the parcel shall be reduced by

26  the assessed value attributable to the destroyed or removed

27  property.

28         (6)  Only property that receives a homestead exemption

29  is subject to this section. No portion of property that is

30  assessed solely on the basis of character or use pursuant to

31  s. 193.461 or s. 193.501, or assessed pursuant to s. 193.505,

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  1  is subject to this section. When property is assessed under s.

  2  193.461, s. 193.501, or s. 193.505 and contains a residence

  3  under the same ownership, the portion of the property

  4  consisting of the residence and curtilage must be assessed

  5  separately, pursuant to s. 193.011, for the assessment to be

  6  subject to the limitation in this section.

  7         (7)  If a person received a homestead exemption limited

  8  to that person's proportionate interest in real property, the

  9  provisions of this section apply only to that interest.

10         (8)  Erroneous assessments of homestead property

11  assessed under this section may be corrected in the following

12  manner:

13         (a)  If errors are made in arriving at any annual

14  assessment under this section due to a material mistake of

15  fact concerning an essential characteristic of the property,

16  the just value and assessed value assessment must be

17  recalculated for every such year, including the year in which

18  the mistake occurred.

19         (b)  If changes, additions, or improvements are not

20  assessed at just value as of the first January 1 after they

21  were substantially completed, the property appraiser shall

22  determine the just value for such changes, additions, or

23  improvements for the year they were substantially completed.

24  Assessments for subsequent years shall be corrected, applying

25  this section if applicable.

26         (c)  If back taxes are due pursuant to s. 193.092, the

27  corrections made pursuant to this subsection shall be used to

28  calculate such back taxes.

29         (9)  If the property appraiser determines that for any

30  year or years within the prior 10 years a person who was not

31  entitled to the homestead property assessment limitation

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  1  granted under this section was granted the homestead property

  2  assessment limitation, the property appraiser making such

  3  determination shall record in the public records of the county

  4  a notice of tax lien against any property owned by that person

  5  in the county, and such property must be identified in the

  6  notice of tax lien. Such property that is situated in this

  7  state is subject to the unpaid taxes, plus a penalty of 50

  8  percent of the unpaid taxes for each year and 15 percent

  9  interest per annum. However, when a person entitled to

10  exemption pursuant to s. 196.031 inadvertently receives the

11  limitation pursuant to this section following a change of

12  ownership, the assessment of such property must be corrected

13  as provided in paragraph (8)(a), and the person need not pay

14  the unpaid taxes, penalties, or interest.

15         Section 2.  Paragraph (c) of subsection (2) of section

16  195.096, Florida Statutes, 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

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  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. For

  5  purposes of this section, the department shall rely primarily

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

  7  ratio studies in those classifications of property specified

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

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

10  mean for each classification or subclassification studied and

11  for the roll as a whole.

12         Section 3.  Effective January 1, 2003, paragraph (c) of

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

14  amended by this act, is amended to read:

15         195.096  Review of assessment rolls.--

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

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

18  rolls of each county. The department need not individually

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

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

21  to just value of each classification specified in subsection

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

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

24  the counties to appraise property.

25         (c)  In conducting assessment ratio studies, the

26  department must use a representative or statistically reliable

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

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

29  department shall document and retain records of the measures

30  of representativeness of the properties studied in compliance

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

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

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

  3  addition, to the greatest extent practicable, the department

  4  shall study assessment roll strata by value groups or market

  5  areas for each classification, subclassification, or stratum

  6  to be studied to ensure the representativeness of ratio study

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

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

  9  conducting assessment ratio studies in those classifications

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

11  adequate market sales.  The department shall compute the

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

13  subclassification studied and for the roll as a whole.

14         Section 4.  Section 197.212, Florida Statutes, is

15  amended to read:

16         197.212  Minimum tax bill.--On the recommendation of

17  the county tax collector, the board of county commissioners

18  may adopt a resolution instructing the collector not to mail

19  tax notices to a taxpayer when the amount of taxes shown on

20  the tax notice is less than $50 $5.  The resolution shall also

21  instruct the property appraiser that he or she shall not make

22  an extension on the tax roll for any parcel for which the tax

23  would amount to less than $50 $5.  The minimum tax bill so

24  established may not exceed $50 $5.

25         Section 5.  Subsection (1) of section 197.343, Florida

26  Statutes, is amended to read:

27         197.343  Tax notices; additional notice required.--

28         (1)  An additional tax notice shall be mailed by April

29  30 10 to each taxpayer whose payment has not been received.

30  The notice shall include a description of the property and the

31  following statement: If the taxes for ...(year)... on your

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  1  property are not paid, a tax certificate will be sold for

  2  these taxes, and your property may be sold at a future date.

  3  Contact the tax collector's office at once.

  4         Section 6.  Subsection (5) of section 197.502, Florida

  5  Statutes, is amended to read:

  6         197.502  Application for obtaining tax deed by holder

  7  of tax sale certificate; fees.--

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

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

10  the minimum information required by subsection (4), consistent

11  with rules adopted by the department. If additional

12  information is required, the tax collector shall make a

13  written request to the title or abstract company stating the

14  additional requirements. The tax collector may select any

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

16  as the fee is reasonable, the minimum information is

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

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

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

20  considers it appropriate to do so.

21         1.  The ownership and encumbrance report must be

22  printed or typed on stationery or other paper showing a

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

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

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

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

27  requirements are met.

28         2.  The tax collector shall not accept or pay for any

29  title search or abstract if no financial responsibility is

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

31

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  1  the liability or responsibility of the title or abstract

  2  company are acceptable.

  3         3.  In order to establish uniform prices for ownership

  4  and encumbrance reports within the county, the tax collector

  5  shall ensure that the contract for ownership and encumbrance

  6  reports include all requests for title searches or abstracts

  7  for a given period of time.

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

  9  shall be collected at the time of application under subsection

10  (1), and the amount of the fee shall be added to the opening

11  bid.

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

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

14  the property as are provided in s. 28.24.

15         Section 7.  Effective January 1, 2002, section 200.069,

16  Florida Statutes, is amended to read:

17         200.069  Notice of proposed property taxes and non-ad

18  valorem assessments.--Pursuant to s. 200.065(2)(b), the

19  property appraiser, in the name of the taxing authorities and

20  local governing boards levying non-ad valorem assessments

21  within his or her jurisdiction and at the expense of the

22  county, shall prepare and deliver by first-class mail to each

23  taxpayer to be listed on the current year's assessment roll a

24  notice of proposed property taxes, which notice shall be in

25  substantially the following form. Notwithstanding the

26  provisions of s. 195.022, no county officer shall use a form

27  other than that provided by the department for this purpose,

28  except as provided in subsection (11) and s. 200.065(13).

29         (1)  The notice shall read:

30

31                NOTICE OF PROPOSED PROPERTY TAXES

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  1                  DO NOT PAY--THIS IS NOT A BILL

  2

  3         The taxing authorities which levy property taxes

  4  against your property will soon hold PUBLIC HEARINGS to adopt

  5  budgets and tax rates for the next year.

  6         The purpose of these PUBLIC HEARINGS is to receive

  7  opinions from the general public and to answer questions on

  8  the proposed tax change and budget PRIOR TO TAKING FINAL

  9  ACTION.

10         Each taxing authority may AMEND OR ALTER its proposals

11  at the hearing.

12

13         (2)  The notice shall further contain information

14  applicable to the specific parcel in question.  The

15  information shall be in columnar form. There shall be five

16  column headings which shall read:  "Taxing Authority," "Your

17  Property Taxes Last Year," "Your Taxes This Year IF PROPOSED

18  Budget Change is Made," "A Public Hearing on the Proposed

19  Taxes and Budget Will be Held:", and "Your Taxes This Year IF

20  NO Budget Change is Made."

21         (3)  There shall be under each column heading an entry

22  for the county; the school district levy required pursuant to

23  s. 236.02(6); other operating school levies; the municipality

24  or municipal service taxing unit or units in which the parcel

25  lies, if any; the water management district levying pursuant

26  to s. 373.503; the a single entry for other independent

27  special districts in which the parcel lies, if any, except as

28  provided in subsection (11); and a single entry for all voted

29  levies for debt service applicable to the parcel, if any.

30         (4)  For each entry listed in subsection (3), there

31  shall appear on the notice the following:

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  1         (a)  In the first column, a brief, commonly used name

  2  for the taxing authority or its governing body. The entry in

  3  the first column for the levy required pursuant to s.

  4  236.02(6) shall be "By State Law." The entry for other

  5  operating school district levies shall be "By Local Board."

  6  Both school levy entries shall be indented and preceded by the

  7  notation "Public Schools:". The entry in the first column for

  8  independent special districts other than the water management

  9  district shall be "Independent Special Districts," except as

10  provided in subsection (11). For each voted levy levies for

11  debt service, the entry shall be "Voter Approved Debt

12  Payments."

13         (b)  In the second column, the gross amount of ad

14  valorem taxes levied against the parcel in the previous year.

15  If the parcel did not exist in the previous year, the second

16  column shall be blank.

17         (c)  In the third column, the gross amount of ad

18  valorem taxes proposed to be levied in the current year, which

19  amount shall be based on the proposed millage rates provided

20  to the property appraiser pursuant to s. 200.065(2)(b) or, in

21  the case of voted levies for debt service, the millage rate

22  previously authorized by referendum, and the taxable value of

23  the parcel as shown on the current year's assessment roll.

24         (d)  In the fourth column, the date, the time, and a

25  brief description of the location of the public hearing

26  required pursuant to s. 200.065(2)(c). However:

27         1.  No entry shall be made in the fourth column for the

28  line showing independent special districts other than water

29  management districts if that line represents more than one

30  district;

31

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  1         2.  For the line showing voted levies for debt service

  2  pursuant to paragraph (a), the following statement shall

  3  appear: "Includes debt of ...(list of brief, commonly used

  4  names for each taxing authority whose debt service levy is

  5  included on this line)..."; and

  6         3.  For the line showing totals, the following

  7  statement shall appear: "For details on independent special

  8  districts and voter-approved debt, contact your Tax Collector

  9  at ...(phone number)...."  If the option in subsection (11) is

10  utilized, the phrase "independent special districts and" shall

11  be deleted.

12         (e)  In the fifth column, the gross amount of ad

13  valorem taxes which would apply to the parcel in the current

14  year if each taxing authority were to levy the rolled-back

15  rate computed pursuant to s. 200.065(1) or, in the case of

16  voted levies for debt service, the amount previously

17  authorized by referendum.

18         (f)  For special assessments collected utilizing the ad

19  valorem method pursuant to s. 197.363, the previous year's

20  assessment amount shall be added to the ad valorem taxes shown

21  in the second and fifth columns, and the amount proposed to be

22  imposed for the current year shall be added to the ad valorem

23  taxes shown in the third column.

24         (5)  The amounts shown on each line preceding each the

25  entry for voted levies for debt service shall include the sum

26  of all ad valorem levies of the applicable unit of local

27  government for operating purposes, including those of

28  dependent special districts (except for municipal service

29  taxing units, which shall be listed on the line for

30  municipalities), and all nonvoted or nondebt service special

31  assessments imposed by the applicable unit of local government

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  1  to be collected utilizing the ad valorem method.  Voted levies

  2  for debt service for all units of local government shall be

  3  combined and shown on a single line, including voter-approved

  4  special assessments for debt service if collected utilizing

  5  the ad valorem method.

  6         (6)  Following the entries for each taxing authority, a

  7  final entry shall show:  in the first column, the words "Total

  8  Property Taxes:" and in the second, third, and fifth columns,

  9  the sum of the entries for each of the individual taxing

10  authorities.  The second, third, and fifth columns shall,

11  immediately below said entries, be labeled Column 1, Column 2,

12  and Column 3, respectively.  Below these labels shall appear,

13  in boldfaced type, the statement:  SEE REVERSE SIDE FOR

14  EXPLANATION.

15         (7)  The notice shall further show a brief legal

16  description of the property and the name and mailing address

17  of the owner of record.

18         (8)  The notice shall further read:

19

20                 Market       Assessed       Exemp-       Taxable

21                 Value         Value         tions         Value

22  Your Property

23  Value Last

24  Year         $.........    $.........    $.........    $.........

25  Your Property

26  Value This

27  Year         $.........    $.........    $.........    $.........

28

29         If you feel that the market value of your property is

30  inaccurate or does not reflect fair market value, contact your

31

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  1  county property appraiser at ...(phone number)... or

  2  ...(location)....

  3         If the property appraiser's office is unable to resolve

  4  the matter as to market value, you may file a petition for

  5  adjustment with the Value Adjustment Board. Petition forms are

  6  available from the county property appraiser and must be filed

  7  ON OR BEFORE ...(date)....

  8

  9         (9)  The reverse side of the form shall read:

10

11                           EXPLANATION

12

13  *COLUMN 1--"YOUR PROPERTY TAXES LAST YEAR"

14  This column shows the taxes that applied last year to your

15  property. These amounts were based on budgets adopted last

16  year and your property's previous taxable value.

17  *COLUMN 2--"YOUR TAXES IF PROPOSED BUDGET CHANGE IS MADE"

18  This column shows what your taxes will be this year under the

19  BUDGET ACTUALLY PROPOSED by each local taxing authority. The

20  proposal is NOT final and may be amended at the public

21  hearings shown on the front side of this notice.

22  *COLUMN 3--"YOUR TAXES IF NO BUDGET CHANGE IS MADE"

23  This column shows what your taxes will be this year IF EACH

24  TAXING AUTHORITY DOES NOT INCREASE ITS PROPERTY TAX LEVY.

25  These amounts are based on last year's budgets and your

26  current assessment. The difference between columns 2 and 3 is

27  the tax change proposed by each local taxing authority and is

28  NOT the result of higher assessments.

29         ASSESSED VALUE means:

30         For homestead property: value as limited by the State

31  Constitution;

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  1         For agricultural and similarly assessed property:

  2  classified use value;

  3         For all other property: market value.

  4

  5  *Note: Amounts shown on this form do NOT reflect early payment

  6  discounts you may have received or may be eligible to receive.

  7  (Discounts are a maximum of 4 percent of the amounts shown on

  8  this form.)

  9

10         (10)  The front side of the form required pursuant to

11  this section shall approximate in all essential respects the

12  facsimile set forth in this subsection as it appears in s. 26,

13  chapter 80-274, Laws of Florida, except for amendments

14  subsequent to 1980.

15         (11)  If authorized by resolution of the governing body

16  of the county prior to July 1, and with the written

17  concurrence of the property appraiser, the notice specified in

18  this section shall contain a separate line entry for each

19  independent special taxing district in the jurisdiction of

20  which the parcel lies.  Each such district shall be identified

21  by name.  The form used for this purpose shall be identical to

22  that supplied by the department and shall be delivered to the

23  property appraiser not later than July 31, except that a

24  larger space shall be provided for listing the columnar

25  information specified in subsections (2), (3), (4), and (5).

26  If the executive director of the department grants written

27  permission, the form may be printed only on one side.  The

28  governing body of the county shall bear the expense of

29  procuring such form.

30         (11)(12)  The bottom portion of the notice shall

31  further read in bold, conspicuous print:

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    Florida House of Representatives - 2001                HB 1983

    696-190A-01






  1

  2         "Your final tax bill may contain non-ad valorem

  3         assessments which may not be reflected on this

  4         notice such as assessments for roads, fire,

  5         garbage, lighting, drainage, water, sewer, or

  6         other governmental services and facilities

  7         which may be levied by your county, city, or

  8         any special district."

  9

10         (12)(13)(a)  If requested by the local governing board

11  levying non-ad valorem assessments and agreed to by the

12  property appraiser, the notice specified in this section may

13  contain a notice of proposed or adopted non-ad valorem

14  assessments.  If so agreed, the notice shall be titled:

15

16                NOTICE OF PROPOSED PROPERTY TAXES

17                     AND PROPOSED OR ADOPTED

18                    NON-AD VALOREM ASSESSMENTS

19                  DO NOT PAY--THIS IS NOT A BILL

20

21  There must be a clear partition between the notice of proposed

22  property taxes and the notice of proposed or adopted non-ad

23  valorem assessments.  The partition must be a bold, horizontal

24  line approximately  1/8 -inch thick.  By rule, the department

25  shall provide a format for the form of the notice of proposed

26  or adopted non-ad valorem assessments which meets the

27  following minimum requirements:

28         1.  There must be subheading for columns listing the

29  levying local governing board, with corresponding assessment

30  rates expressed in dollars and cents per unit of assessment,

31  and the associated assessment amount.

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    Florida House of Representatives - 2001                HB 1983

    696-190A-01






  1         2.  The purpose of each assessment must also be listed

  2  in the column listing the levying local governing board if the

  3  purpose is not clearly indicated by the name of the board.

  4         3.  Each non-ad valorem assessment for each levying

  5  local governing board must be listed separately.

  6         4.  If a county has too many municipal service benefit

  7  units or assessments to be listed separately, it shall combine

  8  them by function.

  9         5.  A brief statement outlining the responsibility of

10  the tax collector and each levying local governing board as to

11  any non-ad valorem assessment must be provided on the form,

12  accompanied by directions as to which office to contact for

13  particular questions or problems.

14         (b)  If the notice includes all adopted non-ad valorem

15  assessments, the provisions contained in subsection (11) (12)

16  shall not be placed on the notice.

17         Section 8.  Effective January 1, 2002, paragraph (a) of

18  subsection (1) of section 192.0105, Florida Statutes, is

19  amended to read:

20         192.0105  Taxpayer rights.--There is created a Florida

21  Taxpayer's Bill of Rights for property taxes and assessments

22  to guarantee that the rights, privacy, and property of the

23  taxpayers of this state are adequately safeguarded and

24  protected during tax levy, assessment, collection, and

25  enforcement processes administered under the revenue laws of

26  this state. The Taxpayer's Bill of Rights compiles, in one

27  document, brief but comprehensive statements that summarize

28  the rights and obligations of the property appraisers, tax

29  collectors, clerks of the court, local governing boards, the

30  Department of Revenue, and taxpayers. The rights afforded

31  taxpayers to assure that their privacy and property are

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    Florida House of Representatives - 2001                HB 1983

    696-190A-01






  1  safeguarded and protected during tax levy, assessment, and

  2  collection are available only insofar as they are implemented

  3  in other parts of the Florida Statutes or rules of the

  4  Department of Revenue. The rights so guaranteed to state

  5  taxpayers in the Florida Statutes and the departmental rules

  6  include:

  7         (1)  THE RIGHT TO KNOW.--

  8         (a)  The right to be mailed notice of proposed property

  9  taxes and proposed or adopted non-ad valorem assessments (see

10  ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and

11  200.069). The notice must also inform the taxpayer that the

12  final tax bill may contain additional non-ad valorem

13  assessments (see s. 200.069(11)(12)).

14         Section 9.  (1)  There is created the Property Tax

15  Administration Task Force for the purpose of serving as a

16  forum for bringing issues in property tax administration to

17  the Department of Revenue, providing and evaluating

18  suggestions for improving the property tax administration

19  process, and promoting greater understanding of property tax

20  administration issues. The Property Tax Administration Task

21  Force shall consist of members representing business and

22  industry, taxpayer groups, municipalities, counties, school

23  districts, special districts, state government, and elected

24  officials charged with assessing and collecting property

25  taxes. The executive director of the department shall appoint

26  the members. The task force shall make periodic reports to the

27  department concerning findings and recommendations in the area

28  of property tax administration.

29         (2)  This section shall take effect upon this act

30  becoming a law.

31

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    Florida House of Representatives - 2001                HB 1983

    696-190A-01






  1         Section 10.  Except as otherwise provided herein, this

  2  act shall take effect July 1, 2001.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Revises provisions relating to ad valorem tax
  7    administration.

  8
      Revises provisions relating to the correction of errors
  9    in assessment of homestead property. Requires the
      Department of Revenue to document and retain records used
10    in the review of assessment rolls, and, effective for the
      2003 and subsequent tax rolls, to study assessment roll
11    strata by value groups or market areas to ensure the
      representativeness of ratio study samples.
12

13    Increases the amount of the minimum tax bill. Revises the
      deadline for mailing an additional tax notice when
14    payment has not been received. Authorizes the tax
      collector to contract with a title or abstract company to
15    provide information concerning property described in a
      tax certificate and to pay a reasonable fee for this
16    information. Provides that the amount of such fee shall
      be added to the opening bid for a tax deed for the
17    property.

18
      Revises requirements for the notice of proposed property
19    taxes and non-ad valorem assessments with respect to
      entries for independent special taxing districts and
20    voted levies for debt service.

21
      Creates a Property Tax Administration Task Force.
22

23

24

25

26

27

28

29

30

31

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