| 1 | Representative Dorworth offered the following: |
| 2 |
|
| 3 | Substitute Amendment for Amendment (754161) (with title |
| 4 | amendment) |
| 5 | Remove everything after the enacting clause and insert: |
| 6 | Section 1. If House Joint Resolution 381 or Senate Joint |
| 7 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 8 | the electors in the general election held in November 2012, |
| 9 | subsection (3) of section 193.1554, Florida Statutes, is amended |
| 10 | to read: |
| 11 | 193.1554 Assessment of nonhomestead residential property.- |
| 12 | (3) Beginning in 2013 2009, or the year following the year |
| 13 | the property is placed on the tax roll, whichever is later, the |
| 14 | property shall be reassessed annually on January 1. Any change |
| 15 | resulting from such reassessment may not exceed 5 10 percent of |
| 16 | the assessed value of the property for the prior year, except as |
| 17 | provided in subsection (6). |
| 18 | Section 2. If House Joint Resolution 381 or Senate Joint |
| 19 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 20 | the electors in a special election held concurrent with the |
| 21 | presidential preference primary in 2012, subsection (3) of |
| 22 | section 193.1554, Florida Statutes, is amended to read: |
| 23 | 193.1554 Assessment of nonhomestead residential property.- |
| 24 | (3) Beginning in 2012 2009, or the year following the year |
| 25 | the property is placed on the tax roll, whichever is later, the |
| 26 | property shall be reassessed annually on January 1. Any change |
| 27 | resulting from such reassessment may not exceed 5 10 percent of |
| 28 | the assessed value of the property for the prior year, except as |
| 29 | provided in subsection (6). |
| 30 | Section 3. If House Joint Resolution 381 or Senate Joint |
| 31 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 32 | the electors in the general election held in November 2012, |
| 33 | subsection (3) of section 193.1555, Florida Statutes, is amended |
| 34 | to read: |
| 35 | 193.1555 Assessment of certain residential and |
| 36 | nonresidential real property.- |
| 37 | (3) Beginning in 2013 2009, or the year following the year |
| 38 | the property is placed on the tax roll, whichever is later, the |
| 39 | property shall be reassessed annually on January 1. Any change |
| 40 | resulting from such reassessment may not exceed 5 10 percent of |
| 41 | the assessed value of the property for the prior year, except as |
| 42 | provided in subsection (6). |
| 43 | Section 4. If House Joint Resolution 381 or Senate Joint |
| 44 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 45 | the electors in a special election held concurrent with the |
| 46 | presidential preference primary in 2012, subsection (3) of |
| 47 | section 193.1555, Florida Statutes, is amended to read: |
| 48 | 193.1555 Assessment of certain residential and |
| 49 | nonresidential real property.- |
| 50 | (3) Beginning in 2012 2009, or the year following the year |
| 51 | the property is placed on the tax roll, whichever is later, the |
| 52 | property shall be reassessed annually on January 1. Any change |
| 53 | resulting from such reassessment may not exceed 5 10 percent of |
| 54 | the assessed value of the property for the prior year, except as |
| 55 | provided in subsection (6). |
| 56 | Section 5. If House Joint Resolution 381 or Senate Joint |
| 57 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 58 | the electors in the general election held in November 2012, |
| 59 | section 196.078, Florida Statutes, is created to read: |
| 60 | 196.078 Additional homestead exemption for a first-time |
| 61 | Florida homesteader.- |
| 62 | (1) As used in this section, the term "first-time Florida |
| 63 | homesteader" means a person who establishes the right to receive |
| 64 | the homestead exemption provided in s. 196.031 within 1 year |
| 65 | after purchasing the homestead property and who has not owned |
| 66 | property in the 3 calendar years prior to such purchase to which |
| 67 | the homestead exemption provided in s. 196.031(1)(a) applied. |
| 68 | (2) For purposes of this section, the date on which the |
| 69 | deed or other transfer instrument was signed and notarized or |
| 70 | otherwise executed shall be considered the date a property was |
| 71 | purchased. |
| 72 | (3) Every first-time Florida homesteader is entitled to an |
| 73 | additional homestead exemption in an amount equal to 50 percent |
| 74 | of the homestead property's just value on January 1 of the year |
| 75 | the homestead is established, for all levies other than school |
| 76 | district levies. The additional exemption may not exceed the |
| 77 | median just value for homestead property in the county where the |
| 78 | property at issue is located in the calendar year immediately |
| 79 | preceding January 1 of the year the homestead is established. |
| 80 | The additional exemption applies for a period of 5 years or |
| 81 | until the year the property is sold, whichever occurs first. The |
| 82 | amount of the additional exemption shall be reduced in each |
| 83 | subsequent year by an amount equal to 20 percent of the amount |
| 84 | of the additional exemption received in the year the homestead |
| 85 | was established or by an amount equal to the difference between |
| 86 | the just value of the property and the assessed value of the |
| 87 | property determined under s. 193.155, whichever is greater. Not |
| 88 | more than one exemption provided under this subsection is |
| 89 | allowed per homestead property. The additional exemption applies |
| 90 | to property purchased on or after January 1, 2012, but is not |
| 91 | available in the sixth and subsequent years after the additional |
| 92 | exemption is first received. |
| 93 | (4) The property appraiser shall require a first-time |
| 94 | Florida homesteader claiming an exemption under this section to |
| 95 | submit, not later than March 1 on a form prescribed by the |
| 96 | Department of Revenue, a sworn statement attesting that the |
| 97 | taxpayer, and each other person who holds legal or equitable |
| 98 | title to the property, has not owned property in the 3 calendar |
| 99 | years prior to such purchase to which the homestead exemption |
| 100 | provided by s. 196.031(1)(a) applied. In order for the exemption |
| 101 | to be retained upon the addition of another person to the title |
| 102 | to the property, the person added must also submit, not later |
| 103 | than the subsequent March 1 on a form prescribed by the |
| 104 | department, a sworn statement attesting that he or she has not |
| 105 | owned property in the 3 calendar years prior to being added to |
| 106 | the title to which the homestead exemption provided by s. |
| 107 | 196.031(1)(a) applied. |
| 108 | (5) Sections 196.131 and 196.161 apply to the exemption |
| 109 | provided in this section. |
| 110 | Section 6. If House Joint Resolution 381 or Senate Joint |
| 111 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 112 | the electors in a special election held concurrent with the |
| 113 | presidential preference primary in 2012, section 196.078, |
| 114 | Florida Statutes, is created to read: |
| 115 | 196.078 Additional homestead exemption for a first-time |
| 116 | Florida homesteader.- |
| 117 | (1) As used in this section, the term "first-time Florida |
| 118 | homesteader" means a person who establishes the right to receive |
| 119 | the homestead exemption provided in s. 196.031 within 1 year |
| 120 | after purchasing the homestead property and who has not owned |
| 121 | property in the 3 calendar years prior to such purchase to which |
| 122 | the homestead exemption provided in s. 196.031(1)(a) applied. |
| 123 | (2) For purposes of this section, the date on which the |
| 124 | deed or other transfer instrument was signed and notarized or |
| 125 | otherwise executed shall be considered the date a property was |
| 126 | purchased. |
| 127 | (3) Every first-time Florida homesteader is entitled to an |
| 128 | additional homestead exemption in an amount equal to 50 percent |
| 129 | of the homestead property's just value on January 1 of the year |
| 130 | the homestead is established, for all levies other than school |
| 131 | district levies. The additional exemption may not exceed the |
| 132 | median just value for homestead property in the county where the |
| 133 | property at issue is located in the calendar year immediately |
| 134 | preceding January 1 of the year the homestead is established. |
| 135 | The additional exemption applies for a period of 5 years or |
| 136 | until the year the property is sold, whichever occurs first. The |
| 137 | amount of the additional exemption shall be reduced in each |
| 138 | subsequent year by an amount equal to 20 percent of the amount |
| 139 | of the additional exemption received in the year the homestead |
| 140 | was established or by an amount equal to the difference between |
| 141 | the just value of the property and the assessed value of the |
| 142 | property determined under s. 193.155, whichever is greater. Not |
| 143 | more than one exemption provided under this subsection is |
| 144 | allowed per homestead property. The additional exemption applies |
| 145 | to property purchased on or after January 1, 2011, but is not |
| 146 | available in the sixth and subsequent years after the additional |
| 147 | exemption is first received. |
| 148 | (4)(a) In 2011, the property appraiser shall require a |
| 149 | first-time Florida homesteader claiming an exemption under this |
| 150 | section to submit, not later than June 1 on a form prescribed by |
| 151 | the Department of Revenue, a sworn statement attesting that the |
| 152 | taxpayer, and each other person who holds legal or equitable |
| 153 | title to the property, has not owned property in the 3 calendar |
| 154 | years prior to such purchase to which the homestead exemption |
| 155 | provided by s. 196.031(1)(a) applied. |
| 156 | (b) In 2013 and thereafter, the property appraiser shall |
| 157 | require a first-time Florida homesteader claiming an exemption |
| 158 | under this section to submit, not later than March 1 on a form |
| 159 | prescribed by the Department of Revenue, a sworn statement |
| 160 | attesting that the taxpayer, and each other person who holds |
| 161 | legal or equitable title to the property, has not owned property |
| 162 | in the 3 calendar years prior to such purchase to which the |
| 163 | homestead exemption provided by s. 196.031(1)(a) applied. |
| 164 | (c) In order for the exemption provided under this section |
| 165 | to be retained upon the addition of another person to the title |
| 166 | to the property, the person added must also submit, not later |
| 167 | than the subsequent March 1 on a form prescribed by the |
| 168 | department, a sworn statement attesting that he or she has not |
| 169 | owned property in the 3 calendar years prior to being added to |
| 170 | the title to which the homestead exemption provided by s. |
| 171 | 196.031(1)(a) applied. |
| 172 | (5) Sections 196.131 and 196.161 apply to the exemption |
| 173 | provided in this section. |
| 174 | Section 7. (1) In anticipation of implementing this act, |
| 175 | the executive director of the Department of Revenue is |
| 176 | authorized, and all conditions are deemed met, to adopt |
| 177 | emergency rules under ss. 120.536(1) and 120.54(4), Florida |
| 178 | Statutes, to make necessary changes and preparations so that |
| 179 | forms, methods, and data records, electronic or otherwise, are |
| 180 | ready and in place if sections 2, 4, and 6 or sections 1, 3, and |
| 181 | 5 of this act become law. |
| 182 | (2) Notwithstanding any other provision of law, such |
| 183 | emergency rules shall remain in effect for 18 months after the |
| 184 | date of adoption and may be renewed during the pendency of |
| 185 | procedures to adopt rules addressing the subject of the |
| 186 | emergency rules. |
| 187 | Section 8. If House Joint Resolution 381 or Senate Joint |
| 188 | Resolution 658, 2011 Regular Session, is approved by a vote of |
| 189 | the electors in a special election held concurrent with the |
| 190 | presidential preference primary in 2012 or in the general |
| 191 | election held in November 2012, section 218.12, Florida |
| 192 | Statutes, is amended to read: |
| 193 | 218.12 Appropriations to offset reductions in ad valorem |
| 194 | tax revenue in fiscally constrained counties.- |
| 195 | (1)(a) Beginning in fiscal year 2008-2009, the Legislature |
| 196 | shall appropriate moneys to offset the reductions in ad valorem |
| 197 | tax revenue experienced by fiscally constrained counties, as |
| 198 | defined in s. 218.67(1), which occur as a direct result of the |
| 199 | implementation of revisions of Art. VII of the State |
| 200 | Constitution approved in the special election held on January |
| 201 | 29, 2008. The moneys appropriated for this purpose shall be |
| 202 | distributed in January of each fiscal year among the fiscally |
| 203 | constrained counties based on each county's proportion of the |
| 204 | total reduction in ad valorem tax revenue resulting from the |
| 205 | implementation of the revision. |
| 206 | (b)(2) On or before November 15 of each year, beginning in |
| 207 | 2008, each fiscally constrained county shall apply to the |
| 208 | Department of Revenue to participate in the distribution of the |
| 209 | appropriation and provide documentation supporting the county's |
| 210 | estimated reduction in ad valorem tax revenue in the form and |
| 211 | manner prescribed by the Department of Revenue. The |
| 212 | documentation must include an estimate of the reduction in |
| 213 | taxable value directly attributable to revisions of Art. VII of |
| 214 | the State Constitution for all county taxing jurisdictions |
| 215 | within the county and shall be prepared by the property |
| 216 | appraiser in each fiscally constrained county. The documentation |
| 217 | must also include the county millage rates applicable in all |
| 218 | such jurisdictions for both the current year and the prior year; |
| 219 | rolled-back rates, determined as provided in s. 200.065, for |
| 220 | each county taxing jurisdiction; and maximum millage rates that |
| 221 | could have been levied by majority vote pursuant to s. 200.185. |
| 222 | For purposes of this section, each fiscally constrained county's |
| 223 | reduction in ad valorem tax revenue shall be calculated as 95 |
| 224 | percent of the estimated reduction in taxable value times the |
| 225 | lesser of the 2007 applicable millage rate or the applicable |
| 226 | millage rate for each county taxing jurisdiction in the prior |
| 227 | year. |
| 228 | (c)(3) In determining the reductions in ad valorem tax |
| 229 | revenues occurring as a result of the implementation of the |
| 230 | revisions to Art. VII of the State Constitution approved in the |
| 231 | special election held on January 29, 2008, the value of |
| 232 | assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the |
| 233 | State Constitution shall include only the reduction in taxable |
| 234 | value for homesteads established January 1 of the year in which |
| 235 | the determination is being made. |
| 236 | (2)(a) Beginning in the 2012-2013 fiscal year, the |
| 237 | Legislature shall consider appropriating moneys to offset the |
| 238 | reductions in ad valorem tax revenue experienced by fiscally |
| 239 | constrained counties, as defined in s. 218.67(1), which occur as |
| 240 | a direct result of the implementation of the revision of Art. |
| 241 | VII of the State Constitution contained in House Joint |
| 242 | Resolution 381 or Senate Joint Resolution 658, 2011 Regular |
| 243 | Session. The moneys appropriated for this purpose shall be |
| 244 | distributed among the fiscally constrained counties based on |
| 245 | each county's proportion of the total reduction in ad valorem |
| 246 | tax revenue resulting from the implementation of the revision. |
| 247 | (b) On or before February 1 each year, each fiscally |
| 248 | constrained county shall apply to the Department of Revenue to |
| 249 | participate in the distribution of the appropriation and provide |
| 250 | documentation supporting the county's estimated reduction in ad |
| 251 | valorem tax revenue to the Department of Revenue. |
| 252 | Section 9. This act shall take effect upon becoming a law, |
| 253 | except that the sections of this act which take effect upon the |
| 254 | approval of House Joint Resolution 381 or Senate Joint |
| 255 | Resolution 658, 2011 Regular Session, by a vote of the electors |
| 256 | in a special election held concurrent with the presidential |
| 257 | preference primary in 2012 shall apply retroactively to the 2012 |
| 258 | tax roll if the revision of the State Constitution contained in |
| 259 | House Joint Resolution 381 or Senate Joint Resolution 658, 2011 |
| 260 | Regular Session, is approved by a vote of the electors in a |
| 261 | special election held concurrent with the presidential |
| 262 | preference primary in 2012; or the sections of this act which |
| 263 | take effect upon the approval of House Joint Resolution 381 or |
| 264 | Senate Joint Resolution 658, 2011 Regular Session, by a vote of |
| 265 | the electors in the general election held in November 2012 shall |
| 266 | apply to the 2013 tax roll if the revision of the State |
| 267 | Constitution contained in House Joint Resolution 381 or Senate |
| 268 | Joint Resolution 658, 2011 Regular Session, is approved by a |
| 269 | vote of the electors in the general election held in November |
| 270 | 2012. |
| 271 |
|
| 272 | ----------------------------------------------------- |
| 273 | T I T L E A M E N D M E N T |
| 274 | Remove the entire title and insert: |
| 275 | A bill to be entitled |
| 276 | An act relating to ad valorem taxation; amending s. |
| 277 | 193.1554, F.S.; reducing the amount by which any |
| 278 | change in the value of nonhomestead residential |
| 279 | property resulting from an annual reassessment may |
| 280 | exceed the assessed value of the property for the |
| 281 | prior year; amending s. 193.1555, F.S.; reducing the |
| 282 | amount by which any change in the value of certain |
| 283 | residential and nonresidential real property resulting |
| 284 | from an annual reassessment may exceed the assessed |
| 285 | value of the property for the prior year; creating s. |
| 286 | 196.078, F.S.; providing a definition; providing a |
| 287 | first-time Florida homesteader with an additional |
| 288 | homestead exemption; providing for calculation of the |
| 289 | exemption; providing for the applicability period of |
| 290 | the exemption; providing for an annual reduction in |
| 291 | the exemption during the applicability period; |
| 292 | providing application procedures; providing for |
| 293 | applicability of specified provisions; providing for |
| 294 | contingent effect of provisions and varying dates of |
| 295 | application depending on the adoption and adoption |
| 296 | date of specified joint resolutions; authorizing the |
| 297 | Department of Revenue to adopt emergency rules; |
| 298 | providing for application and renewal of emergency |
| 299 | rules; amending s. 218.12, F.S.; requiring the |
| 300 | Legislature to consider appropriating funds to |
| 301 | fiscally constrained counties to offset reductions in |
| 302 | ad valorem tax revenue as the result of the |
| 303 | implementation of certain revisions to the State |
| 304 | Constitution; requiring application to the department |
| 305 | to participate in the distribution of such an |
| 306 | appropriation; providing for certain contingent effect |
| 307 | and retroactive application; providing an effective |
| 308 | date. |