| 1 | A bill to be entitled | 
| 2 | An act relating to property taxation; amending s. 193.114, | 
| 3 | F.S.; revising the requirements specifying the information | 
| 4 | that must be included on the real property assessment roll | 
| 5 | and on the tangible personal property roll; amending s. | 
| 6 | 193.1142, F.S.; authorizing the executive director of the | 
| 7 | Department of Revenue to require that additional data be | 
| 8 | provided on the assessment rolls; requiring that | 
| 9 | assessment rolls be submitted in a format specified by the | 
| 10 | executive director; authorizing a property appraiser to | 
| 11 | use an alternative format in a case of hardship; | 
| 12 | specifying additional parcel-level data that may be | 
| 13 | required; amending s. 193.155, F.S.; revising provisions | 
| 14 | governing the manner in which homestead property may be | 
| 15 | assessed at less than just value; providing for | 
| 16 | calculating the assessment reduction that may be | 
| 17 | transferred from a prior homestead to a new homestead; | 
| 18 | requiring that notice of the abandonment of a homestead be | 
| 19 | in writing and delivered to the property appraiser before | 
| 20 | or at the time of filing a new application; providing | 
| 21 | procedures for the transfer of an assessment limitation | 
| 22 | from a previous homestead to a new homestead; authorizing | 
| 23 | property appraisers to share confidential tax information; | 
| 24 | authorizing a taxpayer to file an action in circuit court | 
| 25 | requiring a property appraiser to provide certain | 
| 26 | information; authorizing a taxpayer to file a petition | 
| 27 | with the value adjustment board; providing for a | 
| 28 | nonrefundable fee; authorizing a taxpayer to file for the | 
| 29 | transfer of an assessment limitation in a year subsequent | 
| 30 | to the first year following establishment of the new | 
| 31 | homestead; prohibiting a refund of taxes for previous | 
| 32 | years; providing requirements for hearings before the | 
| 33 | value adjustment board; amending ss. 193.1554 and | 
| 34 | 195.1555, F.S., relating to nonhomestead residential | 
| 35 | property and nonresidential real property; requiring that | 
| 36 | an increase in the value of property be apportioned among | 
| 37 | parcels under certain conditions; amending s. 193.1556, | 
| 38 | F.S.; requiring that a property owner notify the property | 
| 39 | appraiser of any change in ownership or control; amending | 
| 40 | s. 194.011, F.S.; providing procedures under which a | 
| 41 | taxpayer may object to an assessment of homestead property | 
| 42 | at less than just value; requiring a certain value | 
| 43 | adjustment board to hear the matter if a taxpayer | 
| 44 | disagrees with a previous assessment; providing for an | 
| 45 | appeal in the taxpayer's new county under certain | 
| 46 | circumstances; authorizing the circuit court to review | 
| 47 | decisions of the value adjustment boards under certain | 
| 48 | circumstances; amending s. 196.031, F.S.; specifying the | 
| 49 | order in which homestead exemptions are applied; amending | 
| 50 | s. 196.183, F.S.; clarifying the taxation of freestanding | 
| 51 | property; clarifying the meaning of the phrase "site where | 
| 52 | the owner of tangible personal property transacts | 
| 53 | business"; providing for previously assessed owners to | 
| 54 | qualify for the exemption without filing a return at the | 
| 55 | option of the property appraiser; requiring that property | 
| 56 | appraisers annually notify taxpayers of the duty to file a | 
| 57 | return if they no longer qualify for the exemption; | 
| 58 | amending s. 197.3632, F.S.; requiring that the tax | 
| 59 | collector provide certain additional information to the | 
| 60 | Department of Revenue concerning non-ad valorem | 
| 61 | assessments; amending s. 200.065, F.S.; revising the | 
| 62 | calculation of maximum millage beginning in the 2009-2010 | 
| 63 | fiscal year; amending s. 200.185, F.S.; revising the | 
| 64 | calculation of maximum millage for the 2008-2009 fiscal | 
| 65 | year; authorizing the executive director of the Department | 
| 66 | of Revenue to adopt emergency rules; delaying the date by | 
| 67 | which applications for an assessment of property under s. | 
| 68 | 193.155(8), F.S., for 2008 must be submitted; requiring | 
| 69 | the Department of Revenue to report to the Legislature by | 
| 70 | a specified date on the effect of recent changes in the | 
| 71 | law governing tax notices and the assessment limitations | 
| 72 | and maximum millage limitations; providing for application | 
| 73 | of the act; providing effective dates. | 
| 74 | 
 | 
| 75 | Be It Enacted by the Legislature of the State of Florida: | 
| 76 | 
 | 
| 77 | Section 1.  Effective July 1, 2008, and applicable to the | 
| 78 | 2009 and subsequent tax rolls, subsections (2) and (3) of | 
| 79 | section 193.114, Florida Statutes, as amended by section 4 of | 
| 80 | chapter 2007-339, Laws of Florida, are amended, and subsection | 
| 81 | (6) is added to that section, to read: | 
| 82 | 193.114  Preparation of assessment rolls.-- | 
| 83 | (2)  The department shall promulgate regulations and forms  | 
| 84 | for the preparation of thereal property assessment roll shall | 
| 85 | include to reflect: | 
| 86 | (a)  The just value. | 
| 87 | (b)  The school district assessed value. | 
| 88 | (c)  The nonschool district assessed value. | 
| 89 | (d)  The difference between just value and school district | 
| 90 | and nonschool district assessed value for each statutory | 
| 91 | provision resulting in such difference. | 
| 92 | (e)  The school taxable value. | 
| 93 | (f)  The nonschool taxable value. | 
| 94 | (g)  The amount of each exemption or discount causing a | 
| 95 | difference between assessed and taxable value. | 
| 96 | (h)  The value of new construction. | 
| 97 | (i)  The value of any deletion from the property causing a | 
| 98 | reduction in just value. | 
| 99 | (j)  Land characteristics, including the land use code, | 
| 100 | land value, type and number of land units, land square footage, | 
| 101 | and a code indicating a combination or splitting of parcels in | 
| 102 | the previous year. | 
| 103 | (k)  Improvement characteristics, including improvement | 
| 104 | quality, construction class, effective year built, actual year | 
| 105 | built, total living or usable area, number of buildings, number | 
| 106 | of residential units, value of special features, and a code | 
| 107 | indicating the type of special feature. | 
| 108 | (l)  The market area code, according to department | 
| 109 | guidelines. | 
| 110 | (m)  The neighborhood code, if used by the property | 
| 111 | appraiser. | 
| 112 | (n)  For each sale of the property in the previous year, | 
| 113 | the sale price, sale date, official record book and page number | 
| 114 | or clerk instrument number, and basis for qualification or | 
| 115 | disqualification as an arms-length transaction. Sale data must | 
| 116 | be current on all tax rolls submitted to the department, and | 
| 117 | sale qualification decisions must be recorded on the tax roll | 
| 118 | within 3 months after the sale date. | 
| 119 | (o)  A code indicating that the physical attributes of the | 
| 120 | property as of January 1 were significantly different from those | 
| 121 | at the time of the last sale. | 
| 122 | (p)  The name and address of the owner or fiduciary | 
| 123 | responsible for the payment of taxes on the property and an | 
| 124 | indicator of fiduciary capacity, as appropriate. | 
| 125 | (q)  The state of domicile of the owner. | 
| 126 | (r)  The physical address of the property. | 
| 127 | (s)  The United States Census Bureau block group in which | 
| 128 | the parcel is located. | 
| 129 | (t)  Information specific to the homestead property, | 
| 130 | including the social security number of the homestead applicant | 
| 131 | and the applicant's spouse, if any, and, for homestead property | 
| 132 | to which a homestead assessment difference was transferred in | 
| 133 | the previous year, the number of owners among whom the previous | 
| 134 | homestead was split, the assessment difference amount, the | 
| 135 | county of the previous homestead, the parcel identification | 
| 136 | number of the previous homestead, and the year in which the | 
| 137 | difference was transferred. | 
| 138 | (u)  A code indicating confidentiality pursuant to s. | 
| 139 | 119.071. | 
| 140 | (v)  The millage for each taxing authority levying tax on | 
| 141 | the property. | 
| 142 | (w)  For tax rolls submitted subsequent to the tax roll | 
| 143 | submitted pursuant to s. 193.1142, a notation indicating any | 
| 144 | change in just value from the tax roll initially submitted | 
| 145 | pursuant to s. 193.1142 and a code indicating the reason for the | 
| 146 | change. | 
| 147 | (a)  A brief description of the property for purposes of  | 
| 148 | location and, effective January 1, 1996, a market area code  | 
| 149 | established according to department guidelines. However, if a  | 
| 150 | property appraiser uses a neighborhood code, beginning in 1994,  | 
| 151 | the property appraiser shall provide the neighborhood code to  | 
| 152 | the department. | 
| 153 | (b)  The just value (using the factors set out in s.  | 
| 154 | 193.011) of all property. The assessed value for school district  | 
| 155 | levies and for nonschool district levies shall be separately  | 
| 156 | listed. | 
| 157 | (c)  When property is wholly or partially exempt, a  | 
| 158 | categorization of such exemption. There shall be a separate  | 
| 159 | listing on the roll for exemptions pertaining to assessed value  | 
| 160 | for school district levies and for nonschool district levies. | 
| 161 | (d)  When property is classified so that it is assessed  | 
| 162 | other than under s. 193.011, the value according to its  | 
| 163 | classified use and its value as assessed under s. 193.011. | 
| 164 | (e)  The owner or fiduciary responsible for payment of  | 
| 165 | taxes on the property, his or her address, and an indication of  | 
| 166 | any fiduciary capacity (such as executor, administrator,  | 
| 167 | trustee, etc.) as appropriate. | 
| 168 | (f)  The millage levied on the property, including  | 
| 169 | separately, school district millage and nonschool district  | 
| 170 | millage. | 
| 171 | (g)  A separate listing for taxable value for school  | 
| 172 | district levies and for nonschool district levies. The tax shall  | 
| 173 | be determined by multiplying the millages by the taxable values  | 
| 174 | for school district levies and nonschool district levies. | 
| 175 | (3)  The department shall promulgate regulations and forms  | 
| 176 | for the preparation of thetangible personal property roll shall | 
| 177 | include to reflect: | 
| 178 | (a)  An industry code. | 
| 179 | (b)  A code reference to tax returns showing the property. | 
| 180 | (c)  The just value of furniture, fixtures, and equipment. | 
| 181 | (d)  The just value of leasehold improvements. | 
| 182 | (e)  The assessed value. | 
| 183 | (f)  The difference between just value and school district | 
| 184 | and nonschool district assessed value for each statutory | 
| 185 | provision resulting in such difference. | 
| 186 | (g)  The taxable value. | 
| 187 | (h)  The amount of each exemption or discount causing a | 
| 188 | difference between assessed and taxable value. | 
| 189 | (i)  The penalty rate. | 
| 190 | (j)  The name and address of the owner or fiduciary | 
| 191 | responsible for the payment of taxes on the property and an | 
| 192 | indicator of fiduciary capacity, as appropriate. | 
| 193 | (k)  The state of domicile of the owner. | 
| 194 | (l)  The physical address of the property. | 
| 195 | (m)  The millage for each taxing authority levying tax on | 
| 196 | the property. | 
| 197 | (a)  A code reference to the tax returns showing the  | 
| 198 | property. | 
| 199 | (b)  The just value (using the factors set out in s.  | 
| 200 | 193.011) of all such property subject to taxation. | 
| 201 | (c)  When property is wholly or partially exempt, a  | 
| 202 | categorization of such exemption. | 
| 203 | (d)  The owner or fiduciary responsible for payment of  | 
| 204 | taxes on the property, his or her address, and an indication of  | 
| 205 | any fiduciary capacity (such as executor, administrator,  | 
| 206 | trustee, etc.) as appropriate. | 
| 207 | (e)  The millages levied on the property. | 
| 208 | (f)  The tax, determined by multiplying the millages by the  | 
| 209 | taxable value. | 
| 210 | (6)  The rolls shall be prepared in the format and contain | 
| 211 | the data fields specified pursuant to s. 193.1142. | 
| 212 | Section 2.  Subsection (1) of section 193.1142, Florida | 
| 213 | Statutes, is amended to read: | 
| 214 | 193.1142  Approval of assessment rolls.-- | 
| 215 | (1)(a)  Each assessment roll shall be submitted to the | 
| 216 | executive director of the Department of Revenue for review in | 
| 217 | the manner and form prescribed by the executive director | 
| 218 | departmenton or before July 1. The department shall require the | 
| 219 | assessment roll submitted under this section to include the | 
| 220 | social security numbers required under s. 196.011. The roll | 
| 221 | submitted to the executive director departmentneed not include | 
| 222 | centrally assessed properties prior to approval under this | 
| 223 | subsection and subsection (2). Such review by the executive | 
| 224 | director shall be made to determine if the rolls meet all the | 
| 225 | appropriate requirements of law relating to form and just value. | 
| 226 | Upon approval of the rolls by the executive director, who, as | 
| 227 | used in this section, includes orhis or her designee, the | 
| 228 | hearings required in s. 194.032 may be held. | 
| 229 | (b)  In addition to the other requirements of this chapter, | 
| 230 | the executive director is authorized to require that additional | 
| 231 | data be provided on the assessment roll submitted under this | 
| 232 | section and subsequent submissions of the tax roll. The | 
| 233 | executive director is authorized to notify property appraisers | 
| 234 | by April 1 of each year of the form and content of the | 
| 235 | assessment roll to be submitted on July 1. | 
| 236 | (c)  The roll shall be submitted in the compatible | 
| 237 | electronic format specified by the executive director. This | 
| 238 | format includes comma delimited, or other character delimited, | 
| 239 | flat file. Any property appraiser subject to hardship because of | 
| 240 | the specified format may provide written notice to the executive | 
| 241 | director by May 1 explaining the hardship and may be allowed to | 
| 242 | provide the roll in an alternative format at the executive | 
| 243 | director's discretion. If the tax roll submitted pursuant to | 
| 244 | this section is in an incompatible format or if its data field | 
| 245 | integrity is lacking in any respect, such failure shall operate | 
| 246 | as an automatic extension of time to submit the roll. Additional | 
| 247 | parcel-level data that may be required by the executive director | 
| 248 | include, but are not limited to, codes, fields, and data | 
| 249 | pertaining to: | 
| 250 | 1.  The elements set forth in s. 193.114; and | 
| 251 | 2.  Property characteristics, including location and other | 
| 252 | legal, physical, and economic characteristics regarding the | 
| 253 | property, including, but not limited to, parcel-level | 
| 254 | geographical information system information. | 
| 255 | Section 3.  Subsection (8) of section 193.155, Florida | 
| 256 | Statutes, as amended by section 5 of chapter 2007-339, Laws of | 
| 257 | Florida, is amended to read: | 
| 258 | 193.155  Homestead assessments.--Homestead property shall | 
| 259 | be assessed at just value as of January 1, 1994. Property | 
| 260 | receiving the homestead exemption after January 1, 1994, shall | 
| 261 | be assessed at just value as of January 1 of the year in which | 
| 262 | the property receives the exemption unless the provisions of | 
| 263 | subsection (8) apply. | 
| 264 | (8)  Property assessed under this section shall be assessed | 
| 265 | at less than just value following a change of ownershipwhen the | 
| 266 | person who establishes a new homestead has received a homestead | 
| 267 | exemption as of January 1 of either of the 2 immediately | 
| 268 | preceding years. A person who establishes a new homestead as of | 
| 269 | January 1, 2008, is entitled to have the new homestead assessed | 
| 270 | at less than just value only if that person received a homestead | 
| 271 | exemption on January 1, 2007, and only if this subsection | 
| 272 | applies retroactive to January 1, 2008. For purposes of this | 
| 273 | subsection, a husband and wife who owned and both permanently | 
| 274 | resided on a previous homestead shall each be considered to have | 
| 275 | received the homestead exemption even though only the husband or | 
| 276 | the wife applied for the homestead exemption on the previous | 
| 277 | homestead. The assessed value of the newly established homestead | 
| 278 | shall be determined as provided in this subsection. | 
| 279 | (a)  If the just value of the new homestead as of January 1 | 
| 280 | is greater than or equal to the just value of the immediate | 
| 281 | prior homestead as of January 1 of the year in which the | 
| 282 | immediate prior homestead was abandoned, the assessed value of | 
| 283 | the new homestead shall be the just value of the new homestead | 
| 284 | minus an amount equal to the lesser of $500,000 or the | 
| 285 | difference between the just value and the assessed value of the | 
| 286 | immediate prior homestead as of January 1 of the year in which | 
| 287 | the prior homestead was abandoned. Thereafter, the homestead | 
| 288 | shall be assessed as provided in this section. | 
| 289 | (b)  If the just value of the new homestead as of January 1 | 
| 290 | is less than the just value of the immediate prior homestead as | 
| 291 | of January 1 of the year in which the immediate prior homestead | 
| 292 | was abandoned, the assessed value of the new homestead shall be | 
| 293 | equal to the just value of the new homestead divided by the just | 
| 294 | value of the immediate prior homestead and multiplied by the | 
| 295 | assessed value of the immediate prior homestead. However, if the | 
| 296 | difference between the just value of the new homestead and the | 
| 297 | assessed value of the new homestead calculated pursuant to this | 
| 298 | paragraph is greater than $500,000, the assessed value of the | 
| 299 | new homestead shall be increased so that the difference between | 
| 300 | the just value and the assessed value equals $500,000. | 
| 301 | Thereafter, the homestead shall be assessed as provided in this | 
| 302 | section. | 
| 303 | (c)  If two or more persons who have each received a | 
| 304 | homestead exemption as of January 1 of either of the 2 | 
| 305 | immediately preceding years and who would otherwise be eligible | 
| 306 | to have a new homestead property assessed under this subsection | 
| 307 | establish a single new homestead, the reduction from injust | 
| 308 | value is limited to the higher of the difference between the | 
| 309 | just value and the assessed value of either of the prior | 
| 310 | eligible homesteads as of January 1 of the year in which either | 
| 311 | of the eligible prior homesteads was abandoned, but may not | 
| 312 | exceed $500,000. | 
| 313 | (d)  If two or more persons abandon jointly owned and | 
| 314 | jointly titled property that received a homestead exemption as | 
| 315 | of January 1 of either of the 2 immediately preceding years, and | 
| 316 | one or more such persons who were entitled to and received a | 
| 317 | homestead exemption on the abandoned property establish a new | 
| 318 | homestead that would otherwise be eligible for assessment under | 
| 319 | this subsection, each such person establishing a new homestead | 
| 320 | is entitled to a reduction from injust value for the new | 
| 321 | homestead equal to the just value of the prior homestead minus | 
| 322 | the assessed value of the prior homestead divided by the number | 
| 323 | of owners of the prior homestead who received a homestead | 
| 324 | exemption, unless the title of the property contains specific | 
| 325 | ownership shares, in which case the share of reduction from just | 
| 326 | value shall be proportionate to the ownership share. In | 
| 327 | calculating the assessment reduction to be transferred from a | 
| 328 | prior homestead that has an assessment reduction for living | 
| 329 | quarters of parents or grandparents pursuant to s. 193.703, the | 
| 330 | value calculated pursuant to s. 193.703(6) must first be added | 
| 331 | back to the assessed value of the prior homestead. The total | 
| 332 | reduction from injust value for all new homesteads established | 
| 333 | under this paragraph may not exceed $500,000. There shall be no | 
| 334 | reduction from just in assessedvalue of any new homestead | 
| 335 | unless the prior homestead is reassessed at just value or is | 
| 336 | reassessed under subsection (3) orthis subsection as of January | 
| 337 | 1 after the abandonment occurs. | 
| 338 | (e)  For purposes of receiving an assessment reduction | 
| 339 | pursuant to this subsection, a person entitled to assessment | 
| 340 | under this section may abandon his or her homestead even though | 
| 341 | it remains his or her primary residence by notifying the | 
| 342 | property appraiser of the county where the homestead is located. | 
| 343 | This notification must be in writing and delivered at the same | 
| 344 | time as or before timely filing a new application for homestead | 
| 345 | exemption on the property. | 
| 346 | (f) (e)In order to have his or her homestead property | 
| 347 | assessed under this subsection, a person must file a form | 
| 348 | provided by the department as an attachment to the application | 
| 349 | for homestead exemption. This form, which must include a sworn | 
| 350 | statement attesting to the applicant's entitlement to assessment | 
| 351 | under this subsection, shall be considered sufficient | 
| 352 | documentation for applying for assessment under this subsection | 
| 353 | provide to the property appraiser a copy of his or her notice of  | 
| 354 | proposed property taxes for an eligible prior homestead or other  | 
| 355 | similar documentation at the same time he or she applies for the  | 
| 356 | homestead exemption, and must sign a sworn statement, on a form  | 
| 357 | prescribed by the department, attesting to his or her  | 
| 358 | entitlement to the assessment. | 
| 359 | 
 | 
| 360 | The department shall require by rule that the required form | 
| 361 | documentationbe submitted with the application for homestead | 
| 362 | exemption applicationunder the timeframes and processes set | 
| 363 | forth in chapter 196 to the extent practicable , and that the  | 
| 364 | filing of the statement be supported by copies of such notices. | 
| 365 | (g)1.  If the previous homestead was located in a county | 
| 366 | different from where the new homestead is located, the property | 
| 367 | appraiser in the county where the new homestead is located must | 
| 368 | transmit a copy of the completed form together with a completed | 
| 369 | application for homestead exemption to the property appraiser in | 
| 370 | the county where the previous homestead was located. If the | 
| 371 | previous homesteads of applicants for transfer were in more than | 
| 372 | one county, each applicant from a different county must submit a | 
| 373 | separate form. | 
| 374 | 2.  The property appraiser in the county where the previous | 
| 375 | homestead was located must return information to the property | 
| 376 | appraiser in the county where the new homestead is located by | 
| 377 | April 1 or within 2 weeks after receipt of the completed | 
| 378 | application from that property appraiser, whichever is later. As | 
| 379 | part of the information returned, the property appraiser in the | 
| 380 | county where the previous homestead was located must provide | 
| 381 | sufficient information concerning the previous homestead to | 
| 382 | allow the property appraiser in the county where the new | 
| 383 | homestead is located to calculate the amount of the assessment | 
| 384 | limitation difference that may be transferred and must certify | 
| 385 | whether the previous homestead was abandoned and has been or | 
| 386 | will be reassessed at just value or reassessed according to this | 
| 387 | subsection as of the January 1 following its abandonment. | 
| 388 | 3.  Based on the information provided on the form from the | 
| 389 | property appraiser in the county where the previous homestead | 
| 390 | was located, the property appraiser in the county where the new | 
| 391 | homestead is located shall calculate the amount of the | 
| 392 | assessment limitation difference that may be transferred and | 
| 393 | apply such difference to the January 1 assessment of the new | 
| 394 | homestead. | 
| 395 | 4.  All property appraisers having information-sharing | 
| 396 | agreements with the department are authorized to share | 
| 397 | confidential tax information with each other pursuant to s. | 
| 398 | 195.084, including social security numbers and linked | 
| 399 | information on the forms provided pursuant to this section. | 
| 400 | 5.  The transfer of any limitation is not final until all | 
| 401 | values on the assessment roll on which the transfer is based are | 
| 402 | final. If such values are final after tax notice bills have been | 
| 403 | sent, the property appraiser shall make appropriate corrections | 
| 404 | and a corrected tax notice bill shall be sent. Any values that | 
| 405 | are under administrative or judicial review shall be noticed to | 
| 406 | the tribunal or court for accelerated hearing and resolution so | 
| 407 | that the intent of this subsection may be carried out. | 
| 408 | 6.  If the property appraiser in the county where the | 
| 409 | previous homestead was located has not provided information | 
| 410 | sufficient to identify the previous homestead and the assessment | 
| 411 | limitation difference is transferable, the taxpayer may file an | 
| 412 | action in circuit court, in that county, seeking to establish | 
| 413 | that such property appraiser must provide such information. | 
| 414 | 7.  If the information from the property appraiser in the | 
| 415 | county where the previous homestead was located is provided | 
| 416 | after the procedures in this section are exercised, the property | 
| 417 | appraiser in the county where the new homestead is located shall | 
| 418 | make appropriate corrections and a corrected tax notice and tax | 
| 419 | bill shall be sent. | 
| 420 | 8.  This subsection does not authorize the consideration or | 
| 421 | adjustment of the just, assessed, or taxable value of the | 
| 422 | previous homestead property. | 
| 423 | 9.  The property appraiser in the county where the new | 
| 424 | homestead is located shall promptly notify a taxpayer if the | 
| 425 | information received, or available, is insufficient to identify | 
| 426 | the previous homestead and the amount of the assessment | 
| 427 | limitation difference that is transferable. Such notification | 
| 428 | shall be sent on or before July 1 as specified in s. 196.151. | 
| 429 | 10.  The taxpayer may correspond with the property | 
| 430 | appraiser in the county where the previous homestead was located | 
| 431 | to further seek to identify the homestead and the amount of the | 
| 432 | assessment limitation difference that is transferable. | 
| 433 | 11.  If the property appraiser in the county where the | 
| 434 | previous homestead was located supplies sufficient information | 
| 435 | to the property appraiser in the county where the new homestead | 
| 436 | is located, such information shall be considered timely if | 
| 437 | provided in time for inclusion on the notice of proposed | 
| 438 | property taxes sent pursuant to ss. 194.011 and 200.065(1). | 
| 439 | 12.  If the property appraiser has not received information | 
| 440 | sufficient to identify the previous homestead and the amount of | 
| 441 | the assessment limitation difference that is transferable before | 
| 442 | mailing the notice of proposed property taxes, the taxpayer may | 
| 443 | file a petition with the value adjustment board in the county | 
| 444 | where the new homestead is located. | 
| 445 | (h)  Any person who is qualified to have his or her | 
| 446 | property assessed under this subsection and who fails to file an | 
| 447 | application by March 1 may file an application for assessment | 
| 448 | under this subsection and may file, pursuant to s. 194.011(3), a | 
| 449 | petition with the value adjustment board requesting that an | 
| 450 | assessment under this subsection be granted. Such petition may | 
| 451 | be filed at any time during the taxable year on or before the | 
| 452 | 25th day following the mailing of the notice by the property | 
| 453 | appraiser as provided in s. 194.011(1). Notwithstanding s. | 
| 454 | 194.013, such person must pay a nonrefundable fee of $15 upon | 
| 455 | filing the petition. Upon reviewing the petition, if the person | 
| 456 | is qualified to receive the assessment under this subsection and | 
| 457 | demonstrates particular extenuating circumstances judged by the | 
| 458 | property appraiser or the value adjustment board to warrant | 
| 459 | granting the assessment, the property appraiser or the value | 
| 460 | adjustment board may grant an assessment under this subsection. | 
| 461 | For the 2008 assessments, all such petitioners for assessment | 
| 462 | under this subsection shall be considered to have demonstrated | 
| 463 | particular extenuating circumstances. | 
| 464 | (i)  Any person who is qualified to have his or her | 
| 465 | property assessed under this subsection and who fails to timely | 
| 466 | file an application for his or her new homestead in the first | 
| 467 | year following eligibility may file in a subsequent year. The | 
| 468 | assessment reduction shall be applied to assessed value in the | 
| 469 | year the transfer is first approved, and refunds of tax may not | 
| 470 | be made for previous years. | 
| 471 | (j)  The property appraisers of the state shall, as soon as | 
| 472 | practicable after March 1 of each year and on or before July 1 | 
| 473 | of that year, carefully consider all applications for assessment | 
| 474 | under this subsection that have been filed in their respective | 
| 475 | offices on or before March 1 of that year. If, upon | 
| 476 | investigation, the property appraiser finds that the applicant | 
| 477 | is entitled to assessment under this subsection, the property | 
| 478 | appraiser shall make such entries upon the tax rolls of the | 
| 479 | county as are necessary to allow the assessment. If, after due | 
| 480 | consideration, the property appraiser finds that the applicant | 
| 481 | is not entitled under the law to assessment under this | 
| 482 | subsection, the property appraiser shall immediately make out a | 
| 483 | notice of such disapproval, giving his or her reasons therefor, | 
| 484 | and a copy of the notice must be served upon the applicant by | 
| 485 | the property appraiser either by personal delivery or by | 
| 486 | registered mail to the post office address given by the | 
| 487 | applicant. The applicant may appeal the decision of the property | 
| 488 | appraiser refusing to allow the assessment under this subsection | 
| 489 | to the value adjustment board, and the board shall review the | 
| 490 | application and evidence presented to the property appraiser | 
| 491 | upon which the applicant based the claim and shall hear the | 
| 492 | applicant in person or by agent on behalf of his or her right to | 
| 493 | such assessment. Such appeal shall be heard by an attorney | 
| 494 | special magistrate if the value adjustment board uses special | 
| 495 | magistrates. The value adjustment board shall reverse the | 
| 496 | decision of the property appraiser in the cause and grant | 
| 497 | assessment under this subsection to the applicant if, in its | 
| 498 | judgment, the applicant is entitled to be granted the assessment | 
| 499 | or shall affirm the decision of the property appraiser. The | 
| 500 | action of the board is final in the cause unless the applicant, | 
| 501 | within 15 days following the date of refusal of the application | 
| 502 | by the board, files in the circuit court of the county in which | 
| 503 | the homestead is located a proceeding against the property | 
| 504 | appraiser for a declaratory judgment as is provided by chapter | 
| 505 | 86 or other appropriate proceeding. The failure of the taxpayer | 
| 506 | to appear before the property appraiser or value adjustment | 
| 507 | board or to file any paper other than the application as | 
| 508 | provided in this subsection does not constitute any bar to or | 
| 509 | defense in the proceedings. | 
| 510 | Section 4.  Subsections (7), (8), and (9) of section | 
| 511 | 193.1554, Florida Statutes, as created by section 10 of chapter | 
| 512 | 2007-339, Laws of Florida, are renumbered as subsections (8), | 
| 513 | (9), and (10), respectively, and a new subsection (7) is added | 
| 514 | to that section to read: | 
| 515 | 193.1554  Assessment of nonhomestead residential | 
| 516 | property.-- | 
| 517 | (7)  Any increase in the value of property assessed under | 
| 518 | this section that is attributable to combining or dividing | 
| 519 | parcels shall be assessed at just value, and the just value | 
| 520 | shall be apportioned among the parcels created. | 
| 521 | Section 5.  Subsections (7), (8), and (9) of section | 
| 522 | 193.1555, Florida Statutes, as created by section 12 of chapter | 
| 523 | 2007-339, Laws of Florida, are renumbered as subsections (8), | 
| 524 | (9), and (10), respectively, and a new subsection (7) is added | 
| 525 | to that section to read: | 
| 526 | 193.1555  Assessment of certain residential and | 
| 527 | nonresidential real property.-- | 
| 528 | (7)  Any increase in the value of property assessed under | 
| 529 | this section that is attributable to combining or dividing | 
| 530 | parcels shall be assessed at just value, and the just value | 
| 531 | shall be apportioned among the parcels created. | 
| 532 | Section 6.  Section 193.1556, Florida Statutes, as created | 
| 533 | by section 14 of chapter 2007-339, Laws of Florida, is amended | 
| 534 | to read: | 
| 535 | 193.1556  Notice of change of ownership or control Annual  | 
| 536 | applicationrequiredfor assessment.-- | 
| 537 | (1)  Every person or entity who, on January 1, has the  | 
| 538 | legal title to real property that is entitled to assessment  | 
| 539 | under s. 193.1554 or s. 193.1555 shall, on or before March 1 of  | 
| 540 | each year, file an application for assessment under s. 193.1554  | 
| 541 | or s. 193.1555 with the county property appraiser, listing and  | 
| 542 | describing the property for which such assessment is claimed,  | 
| 543 | and certifying its ownership and use. The Department of Revenue  | 
| 544 | shall prescribe the forms upon which the application is made.  | 
| 545 | Failure to make application, when required, on or before March 1  | 
| 546 | of any year constitutes a waiver of the assessment under s.  | 
| 547 | 193.1554 or s. 193.1555 for that year, except as provided in  | 
| 548 | subsection (4) or subsection (5). | 
| 549 | (2)  The owner of property that was assessed under s.  | 
| 550 | 193.1554 or s. 193.1555 in the prior year, or a property owner  | 
| 551 | who filed an original application that was denied in the prior  | 
| 552 | year solely for not being timely filed, may reapply on a short  | 
| 553 | form as provided by the department. The short form shall require  | 
| 554 | the applicant to affirm that the ownership and use of the  | 
| 555 | property have not changed since the initial application and that  | 
| 556 | no changes, additions, or improvements have been made to the  | 
| 557 | property. | 
| 558 | (3)  Once an original application for assessment under s.  | 
| 559 | 193.1554 or s. 193.1555 has been granted, in each succeeding  | 
| 560 | year on or before February 1, the property appraiser shall mail  | 
| 561 | a renewal application to the applicant, and the property  | 
| 562 | appraiser shall accept from each such applicant a renewal  | 
| 563 | application on a form to be prescribed by the Department of  | 
| 564 | Revenue. Such renewal application shall be accepted as evidence  | 
| 565 | of eligibility for assessment under s. 193.1554 or s. 193.1555  | 
| 566 | by the property appraiser unless he or she denies the  | 
| 567 | application. Upon denial, the property appraiser shall serve, on  | 
| 568 | or before July 1 of each year, a notice setting forth the  | 
| 569 | grounds for denial on the applicant by first-class mail. Any  | 
| 570 | applicant objecting to such denial may file a petition as  | 
| 571 | provided for in s. 194.011(3). | 
| 572 | (4)  The value adjustment board shall grant assessment  | 
| 573 | under s. 193.1554 or s. 193.1555 for an otherwise eligible  | 
| 574 | applicant if the applicant can clearly document that failure to  | 
| 575 | apply by March 1 was the result of postal error. | 
| 576 | (5)  Any applicant whose property qualifies for assessment  | 
| 577 | under s. 193.1554 or s. 193.1555 and who fails to file an  | 
| 578 | application by March 1, may file an application for such  | 
| 579 | assessment and may file, pursuant to s. 194.011(3), a petition  | 
| 580 | with the value adjustment board requesting that assessment under  | 
| 581 | s. 193.1554 or s. 193.1555 be granted. Such petition may be  | 
| 582 | filed at any time during the taxable year on or before the 25th  | 
| 583 | day following the mailing of the notice by the property  | 
| 584 | appraiser as provided in s. 194.011(1). Notwithstanding the  | 
| 585 | provisions of s. 194.013, such person must pay a nonrefundable  | 
| 586 | fee of $15 upon filing the petition. Upon reviewing the  | 
| 587 | petition, if the applicant's property qualifies for assessment  | 
| 588 | under s. 193.1554 or s. 193.1555 and the applicant demonstrates  | 
| 589 | particular extenuating circumstances judged by the property  | 
| 590 | appraiser or the value adjustment board to warrant granting such  | 
| 591 | assessment, the property appraiser or the value adjustment board  | 
| 592 | may grant such assessment. | 
| 593 | (6)  A county may, at the request of the property appraiser  | 
| 594 | and by a majority vote of its governing body, waive the  | 
| 595 | requirement that an annual application or statement be made for  | 
| 596 | assessment of property within the county under s. 193.1554 or s.  | 
| 597 | 193.1555 after an initial application is made and such  | 
| 598 | assessment is granted. Notwithstanding such waiver, refiling of  | 
| 599 | an application or statement shall be required when any property  | 
| 600 | assessed under s. 193.1554 or s. 193.1555 is sold or otherwise  | 
| 601 | disposed of; when the ownership changes in any manner; or when  | 
| 602 | any change, addition, or improvement is made to the property. In  | 
| 603 | its deliberations on whether to waive the annual application or  | 
| 604 | statement requirement, the governing body shall consider the  | 
| 605 | possibility of fraudulent claims that may occur due to the  | 
| 606 | waiver of the annual application requirement. | 
| 607 | (7)Any person or entity that ownsIt is the duty of the  | 
| 608 | owner of anyproperty assessed under s. 193.1554 or s. 193.1555 | 
| 609 | must who is not required to file an annual application or  | 
| 610 | statement tonotify the property appraiser promptly of any | 
| 611 | change of ownership or control as defined in ss. 193.1554(5) and | 
| 612 | 193.1555(5) whenever the use of the property or the status or  | 
| 613 | condition of the owner changes. If any property owner fails to | 
| 614 | so notify the property appraiser and the property appraiser | 
| 615 | determines that for any year within the prior 10 years the | 
| 616 | owner's property was not entitled to assessment under s. | 
| 617 | 193.1554 or s. 193.1555, the owner of the property is subject to | 
| 618 | the taxes avoided as a result of such failure plus 15 percent | 
| 619 | interest per annum and a penalty of 50 percent of the taxes | 
| 620 | avoided. It is the duty of the property appraiser making such | 
| 621 | determination to record in the public records of the county a | 
| 622 | notice of tax lien against any property owned by that person or | 
| 623 | entity in the county, and such property must be identified in | 
| 624 | the notice of tax lien. Such property is subject to the payment | 
| 625 | of all taxes and penalties. Such lien when filed shall attach to | 
| 626 | any property, identified in the notice of tax lien, owned by the | 
| 627 | person or entity that illegally or improperly was assessed under | 
| 628 | s. 193.1554 or s. 193.1555. If such person or entity no longer | 
| 629 | owns property in that county, but owns property in some other | 
| 630 | county or counties in the state, it shall be the duty of the | 
| 631 | property appraiser to record a notice of tax lien in such other | 
| 632 | county or counties, identifying the property owned by such | 
| 633 | person or entity in such county or counties, and it becomes a | 
| 634 | lien against such property in such county or counties. | 
| 635 | Section 7.  Subsection (2) of section 194.011, Florida | 
| 636 | Statutes, is amended, and subsection (6) is added to that | 
| 637 | section, to read: | 
| 638 | 194.011  Assessment notice; objections to assessments.-- | 
| 639 | (2)  Any taxpayer who objects to the assessment placed on | 
| 640 | any property taxable to him or her, including the assessment of | 
| 641 | homestead property at less than just value under s. 193.155(8), | 
| 642 | may request the property appraiser to informally confer with the | 
| 643 | taxpayer. Upon receiving the request, the property appraiser, or | 
| 644 | a member of his or her staff, shall confer with the taxpayer | 
| 645 | regarding the correctness of the assessment. At this informal | 
| 646 | conference, the taxpayer shall present those facts considered by | 
| 647 | the taxpayer to be supportive of the taxpayer's claim for a | 
| 648 | change in the assessment of the property appraiser. The property | 
| 649 | appraiser or his or her representative at this conference shall | 
| 650 | present those facts considered by the property appraiser to be | 
| 651 | supportive of the correctness of the assessment. However, | 
| 652 | nothing herein shall be construed to be a prerequisite to | 
| 653 | administrative or judicial review of property assessments. | 
| 654 | (6)  The following provisions apply to petitions to the | 
| 655 | value adjustment board concerning the assessment of homestead | 
| 656 | property at less than just value under s. 193.155(8): | 
| 657 | (a)  If the taxpayer does not agree with the amount of the | 
| 658 | assessment limitation difference for which the taxpayer | 
| 659 | qualifies as stated by the property appraiser in the county | 
| 660 | where the previous homestead property was located, or if the | 
| 661 | property appraiser in that county has not stated that the | 
| 662 | taxpayer qualifies to transfer any assessment limitation | 
| 663 | difference, upon the taxpayer filing a petition to the value | 
| 664 | adjustment board in the county where the new homestead property | 
| 665 | is located, the value adjustment board in that county shall, | 
| 666 | upon receiving the appeal, send a notice to the value adjustment | 
| 667 | board in the county where the previous homestead was located, | 
| 668 | which shall reconvene if it has already adjourned. | 
| 669 | (b)  Such notice operates as a petition in, and creates an | 
| 670 | appeal to, the value adjustment board in the county where the | 
| 671 | previous homestead was located of all issues surrounding the | 
| 672 | previous assessment differential for the taxpayer involved. | 
| 673 | However, the taxpayer may not petition to have the just, | 
| 674 | assessed, or taxable value of the previous homestead changed. | 
| 675 | (c)  The value adjustment board in the county where the | 
| 676 | previous homestead was located shall set the petition for | 
| 677 | hearing and notify the taxpayer, the property appraiser in the | 
| 678 | county where the previous homestead was located, the property | 
| 679 | appraiser in the county where the new homestead is located, and | 
| 680 | the value adjustment board in that county and shall hear the | 
| 681 | appeal. Such appeal shall be heard by an attorney special | 
| 682 | magistrate if the value adjustment board in the county where the | 
| 683 | previous homestead was located uses special magistrates. The | 
| 684 | taxpayer may attend such hearing and present evidence, but need | 
| 685 | not do so. The value adjustment board in the county where the | 
| 686 | previous homestead was located shall issue a decision and send a | 
| 687 | copy of the decision to the value adjustment board in the county | 
| 688 | where the new homestead is located. | 
| 689 | (d)  In hearing the appeal in the county where the new | 
| 690 | homestead is located, that value adjustment board shall consider | 
| 691 | the decision of the value adjustment board in the county where | 
| 692 | the previous homestead was located on the issues pertaining to | 
| 693 | the previous homestead and on the amount of any assessment | 
| 694 | reduction for which the taxpayer qualifies. The value adjustment | 
| 695 | board in the county where the new homestead is located may not | 
| 696 | hold its hearing until it has received the decision from the | 
| 697 | value adjustment board in the county where the previous | 
| 698 | homestead was located. | 
| 699 | (e)  In any circuit court proceeding to review the decision | 
| 700 | of the value adjustment board in the county where the new | 
| 701 | homestead is located, the court may also review the decision of | 
| 702 | the value adjustment board in the county where the previous | 
| 703 | homestead was located. | 
| 704 | Section 8.  Subsection (7) is added to section 196.031, | 
| 705 | Florida Statutes, as amended by section 6 of chapter 2007-339, | 
| 706 | Laws of Florida, to read: | 
| 707 | 196.031  Exemption of homesteads.-- | 
| 708 | (7)  The exemptions provided in paragraphs (1)(a) and (b) | 
| 709 | and other homestead exemptions shall be applied as follows: | 
| 710 | (a)  The exemption in paragraph (1)(a) shall apply to the | 
| 711 | first $25,000 of assessed value; | 
| 712 | (b)  The second $25,000 of assessed value shall be taxable | 
| 713 | unless other exemptions, as listed in paragraph (d), are | 
| 714 | applicable in the order listed; | 
| 715 | (c)  The additional homestead exemption in paragraph (1)(b) | 
| 716 | for levies other than school district levies shall be applied to | 
| 717 | the assessed value greater than $50,000 before any other | 
| 718 | exemptions are applied to that assessed value; and | 
| 719 | (d)  Other exemptions include and shall be applied in the | 
| 720 | following order: widows, widowers, blind persons, and totally | 
| 721 | and permanently disabled persons, as provided in s. 196.202; | 
| 722 | disabled ex-servicemembers and surviving spouses, as provided in | 
| 723 | s. 196.24, applicable to all levies; the local option low-income | 
| 724 | senior exemption up to $50,000, applicable to county levies or | 
| 725 | municipal levies, as provided in s. 196.075; and the disabled | 
| 726 | veterans' percentage discount, as provided in s. 196.082. | 
| 727 | Section 9.  Section 196.183, Florida Statutes, as created | 
| 728 | by section 8 of chapter 2007-339, Laws of Florida, is amended to | 
| 729 | read: | 
| 730 | 196.183  Exemption for tangible personal property.-- | 
| 731 | (1)  Each tangible personal property tax return is eligible | 
| 732 | for an exemption from ad valorem taxation of up to $25,000 of | 
| 733 | assessed value. A single return must be filed for each site in | 
| 734 | the county where the owner of tangible personal property | 
| 735 | transacts business. Owners of freestanding property placed at | 
| 736 | multiple sites, other than sites where the owner transacts | 
| 737 | business, must file a single return, including all such property | 
| 738 | located in the county. Freestanding property placed at multiple | 
| 739 | sites includes vending and amusement machines, LP/propane tanks, | 
| 740 | utility and cable company property, billboards, leased | 
| 741 | equipment, and similar property that is not customarily located | 
| 742 | in the offices, stores, or plants of the owner, but is placed | 
| 743 | throughout the county. Railroads, private carriers, and other | 
| 744 | companies assessed pursuant to s. 193.085 shall be allowed one | 
| 745 | $25,000 exemption for each county to which the value of their | 
| 746 | property is allocated. The $25,000 exemption for freestanding | 
| 747 | property placed at multiple locations and for centrally assessed | 
| 748 | property shall be allocated in equal amounts to each taxing | 
| 749 | authority levying tax on such property. If, in so allocating the | 
| 750 | exemption, the full allocated exempt amount for any taxing | 
| 751 | authority cannot be taken, any unused portion shall be | 
| 752 | reallocated among the remaining taxing authorities. | 
| 753 | (2)  For purposes of this section, a "site where the owner | 
| 754 | of tangible personal property transacts business" includes | 
| 755 | facilities where the business ships or receives goods, employees | 
| 756 | of the business are located, goods or equipment of the business | 
| 757 | are stored, or goods or services of the business are produced, | 
| 758 | manufactured, or developed, or similar facilities located in | 
| 759 | offices, stores, warehouses, plants, or other locations of the | 
| 760 | business. Sites where only the freestanding property of the | 
| 761 | owner is located shall not be considered sites where the owner | 
| 762 | of tangible personal property transacts business. | 
| 763 | (3) (2)The requirement that an annual tangible personal | 
| 764 | property tax return pursuant to s. 193.052 be filed for | 
| 765 | taxpayers owning taxable property the value of which, as listed | 
| 766 | on the return, does not exceed the exemption provided in this | 
| 767 | section is waived. In order to qualify for this waiver, a | 
| 768 | taxpayer must file an initial return on which the exemption is | 
| 769 | taken. If, in subsequent years, the taxpayer owns taxable | 
| 770 | property the value of which, as listed on the return, exceeds | 
| 771 | the exemption, the taxpayer is obligated to file a return. The | 
| 772 | taxpayer may again qualify for the waiver only after filing a | 
| 773 | return on which the value as listed on the return does not | 
| 774 | exceed the exemption. A return filed or required to be filed | 
| 775 | shall be considered an application filed or required to be filed | 
| 776 | for the exemption under this section. | 
| 777 | (4)  Owners of property previously assessed by the property | 
| 778 | appraiser without a return being filed may, at the option of the | 
| 779 | property appraiser, qualify for the exemption under this section | 
| 780 | without filing an initial return. | 
| 781 | (5) (3)The exemption provided in this section does not | 
| 782 | apply in any year a taxpayer fails to timely file a return that | 
| 783 | is not waived pursuant to subsection (3) or subsection (4) (2). | 
| 784 | Any taxpayer who received a waiver pursuant to subsection (3) or | 
| 785 | subsection (4) (2)and who owns taxable property the value of | 
| 786 | which, as listed on the return, exceeds the exemption in a | 
| 787 | subsequent year and who fails to file a return with the property | 
| 788 | appraiser is subject to the penalty contained in s. | 
| 789 | 193.072(1)(a) calculated without the benefit of the exemption | 
| 790 | pursuant to this section. Any taxpayer claiming more exemptions | 
| 791 | than allowed pursuant to subsection (1) is subject to the taxes | 
| 792 | exempted as a result of wrongfully claiming the additional | 
| 793 | exemptions plus 15 percent interest per annum and a penalty of | 
| 794 | 50 percent of the taxes exempted. By February 1 of each year, | 
| 795 | the property appraiser shall notify by mail all taxpayers whose | 
| 796 | requirement for filing an annual tangible personal property tax | 
| 797 | return was waived in the previous year. The notification shall | 
| 798 | state that a return must be filed if the value of the taxpayer's | 
| 799 | tangible personal property exceeds the exemption and include the | 
| 800 | penalties for failure to file such a return. | 
| 801 | (6) (4)The exemption provided in this section does not | 
| 802 | apply to a mobile home that is presumed to be tangible personal | 
| 803 | property pursuant to s. 193.075(2). | 
| 804 | Section 10.  Subsection (5) of section 197.3632, Florida | 
| 805 | Statutes, is amended to read: | 
| 806 | 197.3632  Uniform method for the levy, collection, and | 
| 807 | enforcement of non-ad valorem assessments.-- | 
| 808 | (5)(a)  By September 15 of each year, the chair of the | 
| 809 | local governing board or his or her designee shall certify a | 
| 810 | non-ad valorem assessment roll on compatible electronic medium | 
| 811 | to the tax collector. The local government shall post the non-ad | 
| 812 | valorem assessment for each parcel on the roll. The tax | 
| 813 | collector shall not accept any such roll that is not certified | 
| 814 | on compatible electronic medium and that does not contain the | 
| 815 | posting of the non-ad valorem assessment for each parcel. It is | 
| 816 | the responsibility of the local governing board that such roll | 
| 817 | be free of errors and omissions. Alterations to such roll may be | 
| 818 | made by the chair or his or her designee up to 10 days before | 
| 819 | certification. If the tax collector discovers errors or | 
| 820 | omissions on such roll, he or she may request the local | 
| 821 | governing board to file a corrected roll or a correction of the | 
| 822 | amount of any assessment. | 
| 823 | (b)  Beginning in 2009, by December 15 of each year, the | 
| 824 | tax collector shall provide to the department a copy of each | 
| 825 | local governing board's non-ad valorem assessment roll | 
| 826 | containing the data elements and in the format prescribed by the | 
| 827 | executive director. In addition, beginning in 2008, a report | 
| 828 | shall be provided to the department by December 15 of each year | 
| 829 | for each non-ad valorem assessment roll, including, but not | 
| 830 | limited to, the following information: | 
| 831 | 1.  The name and type of local governing board levying the | 
| 832 | non-ad valorem assessment; | 
| 833 | 2.  Whether the local government levies a property tax; | 
| 834 | 3.  The basis for the levy; | 
| 835 | 4.  The rate of assessment; | 
| 836 | 5.  The total amount of non-ad valorem assessment levied; | 
| 837 | and | 
| 838 | 6.  The number of parcels affected. | 
| 839 | Section 11.  Subsection (5) of section 200.065, Florida | 
| 840 | Statutes, is amended to read: | 
| 841 | 200.065  Method of fixing millage.-- | 
| 842 | (5)  Beginning in the 2009-2010 fiscal year and in each | 
| 843 | year thereafter: | 
| 844 | (a)  The maximum millage rate that a county, municipality, | 
| 845 | special district dependent to a county or municipality, | 
| 846 | municipal service taxing unit, or independent special district | 
| 847 | may levy is a rolled-back rate based on the amount of taxes | 
| 848 | which would have been levied in the prior year if the maximum | 
| 849 | millage rate had been applied, adjusted for change growthin per | 
| 850 | capita Florida personal income and changes in geographic | 
| 851 | boundaries not adopted by referendum, unless a higher rate is | 
| 852 | adopted, in which case the maximum is the adopted rate. The | 
| 853 | maximum millage rate applicable to a county authorized to levy a | 
| 854 | county public hospital surtax under s. 212.055 that did so in | 
| 855 | fiscal year 2007 shall exclude the revenues required to be | 
| 856 | contributed to the county public general hospital in the current | 
| 857 | fiscal year for the purposes of making the maximum millage rate | 
| 858 | calculation, but shall be added back to the maximum millage rate | 
| 859 | allowed after the roll back has been applied, the total of which | 
| 860 | shall be considered the maximum millage rate for such a county | 
| 861 | for purposes of this subsection. The revenue required to be | 
| 862 | contributed to the county public general hospital for the | 
| 863 | upcoming fiscal year shall be calculated by multiplying 11.873 | 
| 864 | percent by the millage rate levied for countywide purposes in | 
| 865 | fiscal year 2007 and multiplying the result by 95 percent of the | 
| 866 | preliminary tax roll for the upcoming fiscal year. A higher rate | 
| 867 | may be adopted only under the following conditions: | 
| 868 | 1.  A rate of not more than 110 percent of the rolled-back | 
| 869 | rate based on the previous year's maximum millage rate, adjusted | 
| 870 | for change growthin per capita Florida personal income and | 
| 871 | changes in geographic boundaries not adopted by referendum, may | 
| 872 | be adopted if approved by a two-thirds vote of the membership of | 
| 873 | the governing body of the county, municipality, or independent | 
| 874 | district; or | 
| 875 | 2.  A rate in excess of 110 percent may be adopted if | 
| 876 | approved by a unanimous vote of the membership of the governing | 
| 877 | body of the county, municipality, or independent district or by | 
| 878 | a three-fourths vote of the membership of the governing body if | 
| 879 | the governing body has nine or more members, or if the rate is | 
| 880 | approved by a referendum. | 
| 881 | (b)  The millage rate of a county or municipality, | 
| 882 | municipal service taxing unit of that county, and any special | 
| 883 | district dependent to that county or municipality may exceed the | 
| 884 | maximum millage rate calculated pursuant to this subsection if | 
| 885 | the total county ad valorem taxes levied or total municipal ad | 
| 886 | valorem taxes levied do not exceed the maximum total county ad | 
| 887 | valorem taxes levied or maximum total municipal ad valorem taxes | 
| 888 | levied respectively. Voted millage and taxes levied by a | 
| 889 | municipality or independent special district that has levied ad | 
| 890 | valorem taxes for less than 5 years are not subject to this | 
| 891 | limitation. The millage rate of a county authorized to levy a | 
| 892 | county public hospital surtax under s. 212.055 may exceed the | 
| 893 | maximum millage rate calculated pursuant to this subsection to | 
| 894 | the extent necessary to account for the revenues required to be | 
| 895 | contributed to the county public hospital. Total taxes levied | 
| 896 | may exceed the maximum calculated pursuant to subsection (6) as | 
| 897 | a result of an increase in taxable value above that certified in | 
| 898 | subsection (1) if such increase is less than the percentage | 
| 899 | amounts contained in subsection (6) or if the administrative | 
| 900 | adjustment cannot be made because the value adjustment board is | 
| 901 | still in session at the time the tax roll is extended; otherwise | 
| 902 | however, if such increase in taxable value exceeds the  | 
| 903 | percentage amounts contained in this subsection, millage rates | 
| 904 | subject to this subsection, s. 200.185, or s. 200.186 may must  | 
| 905 | be reduced so that total taxes levied do not exceed the maximum. | 
| 906 | 
 | 
| 907 | Any unit of government operating under a home rule charter | 
| 908 | adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State | 
| 909 | Constitution of 1885, as preserved by s. 6(e), Art. VIII of the | 
| 910 | State Constitution of 1968, which is granted the authority in | 
| 911 | the State Constitution to exercise all the powers conferred now | 
| 912 | or hereafter by general law upon municipalities and which | 
| 913 | exercises such powers in the unincorporated area shall be | 
| 914 | recognized as a municipality under this subsection. For a | 
| 915 | downtown development authority established before the effective | 
| 916 | date of the 1968 State Constitution which has a millage that | 
| 917 | must be approved by a municipality, the governing body of that | 
| 918 | municipality shall be considered the governing body of the | 
| 919 | downtown development authority for purposes of this subsection. | 
| 920 | Section 12.  Subsections (5) and (8) of section 200.185, | 
| 921 | Florida Statutes, are amended to read: | 
| 922 | 200.185  Maximum millage rates for the 2007-2008 and 2008- | 
| 923 | 2009 fiscal years.-- | 
| 924 | (5)  In the 2008-2009 fiscal year, a county, municipal | 
| 925 | service taxing units of that county, and special districts | 
| 926 | dependent to that county; a municipality and special districts | 
| 927 | dependent to that municipality; and an independent special | 
| 928 | district may levy a maximum millage determined as follows: | 
| 929 | (a)1.  The maximum millage rate that may be levied shall be | 
| 930 | the rolled-back rate calculated pursuant to s. 200.065 and | 
| 931 | adjusted for change growthin per capita Florida personal income | 
| 932 | and changes in geographic boundaries not adopted by referendum, | 
| 933 | except that: | 
| 934 | a.  Ad valorem tax revenue levied in the 2007-2008 fiscal | 
| 935 | year and used in the calculation of the rolled-back rate shall | 
| 936 | be reduced by any tax revenue resulting from a millage rate | 
| 937 | approved by a super majority vote of the governing board ofthe | 
| 938 | taxing authority in excess of the maximum rate that could have | 
| 939 | been levied by a majority vote as provided in this section. | 
| 940 | b.  The taxable value within the jurisdiction of each | 
| 941 | taxing authority used in the calculation of the rolled-back rate | 
| 942 | shall be increased by an amount equal to the reduction in | 
| 943 | taxable value occurring as a result of the amendments to the | 
| 944 | State Constitution contained in SJR 2-D (2007) providing an | 
| 945 | additional homestead exemption, providing portability of the | 
| 946 | Save-Our-Homes differential, providing an exemption from ad | 
| 947 | valorem taxation for tangible personal property, and providing a | 
| 948 | 10-percent limitation on assessment increases for certain | 
| 949 | properties. | 
| 950 | 2.  For a county authorized to levy a county public | 
| 951 | hospital surtax under s. 212.055 that did so in fiscal year | 
| 952 | 2007, the maximum millage rate shall exclude the revenues | 
| 953 | required to be contributed to the county public general hospital | 
| 954 | in the current fiscal year for the purposes of making the | 
| 955 | maximum millage rate calculation, but shall be added back to the | 
| 956 | maximum millage rate allowed after the applicable percentage of | 
| 957 | the rolled-back rate as provided in subparagraphs (2)(a)1. | 
| 958 | through 5. has been applied, the total of which shall be | 
| 959 | considered the maximum millage rate for such a county for | 
| 960 | purposes of this subsection. The revenue required to be | 
| 961 | contributed to the county public general hospital for the | 
| 962 | upcoming fiscal year shall be calculated by multiplying 11.873 | 
| 963 | percent by the millage rate levied for countywide purposes in | 
| 964 | fiscal year 2007 and multiplying the result by 95 percent of the | 
| 965 | preliminary tax roll for the upcoming fiscal year. For a | 
| 966 | downtown development authority established before the effective | 
| 967 | date of the 1968 State Constitution which has a millage that | 
| 968 | must be approved by a municipality, the governing body of that | 
| 969 | municipality shall be considered the governing body of the | 
| 970 | downtown development authority for purposes of this subsection. | 
| 971 | (b)  A rate in excess of the maximum millage rate allowed | 
| 972 | under paragraph (a), but ofnot more than 110 percent of the | 
| 973 | rate in paragraph (a) determined without taking into account the | 
| 974 | adjustment in sub-subparagraph (a)1.b., may be levied if | 
| 975 | approved by a two-thirds vote of the membership of the governing | 
| 976 | body of the county, municipality, or independent district. | 
| 977 | (c)  A rate in excess of the millage rate allowed in | 
| 978 | paragraph (b) may be levied if approved by a unanimous vote of | 
| 979 | the membership of the governing body of the county, | 
| 980 | municipality, or independent district or by a three-fourths vote | 
| 981 | of the membership of the governing body if the governing body | 
| 982 | has nine or more members, or if approved by a referendum of the | 
| 983 | voters. | 
| 984 | (8)  The millage rate of a county or municipality, | 
| 985 | municipal service taxing unit of that county, and any special | 
| 986 | district dependent to that county or municipality may exceed in | 
| 987 | any year the maximum millage rate calculated pursuant to this | 
| 988 | section if the total county ad valorem taxes levied or total | 
| 989 | municipal ad valorem taxes levied, as defined in s. 200.001, do | 
| 990 | not exceed the maximum total county ad valorem taxes levied or | 
| 991 | maximum total municipal ad valorem taxes levied, as defined in | 
| 992 | s. 200.001, respectively. Voted millage, as defined in s. | 
| 993 | 200.001, and taxes levied by a municipality or independent | 
| 994 | special district that has levied ad valorem taxes for less than | 
| 995 | 5 years are not subject to the limitation on millage rates | 
| 996 | provided by this section. Total taxes levied may exceed the | 
| 997 | maximum calculated pursuant to this section as a result of an | 
| 998 | increase in taxable value above that certified in s. 200.065(1) | 
| 999 | if such increase is less than the percentage amounts contained | 
| 1000 | in s. 200.065(6) or if the administrative adjustment cannot be | 
| 1001 | made because the value adjustment board is still in session at | 
| 1002 | the time the tax roll is extended; otherwise however, if such  | 
| 1003 | increase in taxable value exceeds the percentage amounts  | 
| 1004 | contained in s. 200.065(6), millage rates subject to this | 
| 1005 | section may mustbe reduced so that total taxes levied do not | 
| 1006 | exceed the maximum. Any unit of government operating under a | 
| 1007 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. | 
| 1008 | VIII of the State Constitution of 1885, as preserved by s. 6(e), | 
| 1009 | Art. VIII of the State Constitution of 1968, which is granted | 
| 1010 | the authority in the State Constitution to exercise all the | 
| 1011 | powers conferred now or hereafter by general law upon | 
| 1012 | municipalities and which exercises such powers in the | 
| 1013 | unincorporated area shall be recognized as a municipality under | 
| 1014 | this section. | 
| 1015 | Section 13.  (1)  The executive director of the Department | 
| 1016 | of Revenue is authorized, and all conditions are deemed met, to | 
| 1017 | adopt emergency rules under ss. 120.536(1) and 120.54(4), | 
| 1018 | Florida Statutes, for the purpose of implementing this act. | 
| 1019 | (2)  Notwithstanding any other provision of law, such | 
| 1020 | emergency rules shall remain in effect for 18 months after the | 
| 1021 | date of adoption and may be renewed during the pendency of | 
| 1022 | procedures to adopt rules addressing the subject of the | 
| 1023 | emergency rules. | 
| 1024 | Section 14.  Notwithstanding the provisions of s. | 
| 1025 | 193.155(8)(e) and (f), Florida Statutes, as amended by this act, | 
| 1026 | for the 2008 taxable year, the property appraiser must accept | 
| 1027 | and consider applications for assessment under s. 193.155(8), | 
| 1028 | Florida Statutes, that are submitted by May 1. | 
| 1029 | Section 15.  The Department of Revenue shall report by | 
| 1030 | February 1, 2009, to the President of the Senate and the Speaker | 
| 1031 | of the House of Representatives on the effect of recent changes | 
| 1032 | in law on the Notice of Proposed Property Taxes as specified in | 
| 1033 | s. 200.069, Florida Statutes. The report shall examine the | 
| 1034 | consistency, completeness, and accuracy of the information being | 
| 1035 | provided to taxpayers in light of recently enacted exemptions | 
| 1036 | from property tax and assessment increase limitations and shall | 
| 1037 | examine the effect of these exemptions and assessment increase | 
| 1038 | limitations on school and nonschool taxable value and the | 
| 1039 | maximum millage levy limitations. | 
| 1040 | Section 16.  Except as otherwise expressly provided in this | 
| 1041 | act, this act shall take effect upon becoming a law and shall | 
| 1042 | apply to the 2008 and subsequent tax rolls. |