CS/CS/CS/HB 1163

1
A bill to be entitled
2An act relating to ad valorem taxation; amending s.
3193.1554, F.S.; reducing the amount by which any change in
4the value of nonhomestead residential property resulting
5from an annual reassessment may exceed the assessed value
6of the property for the prior year; amending s. 193.1555,
7F.S.; reducing the amount by which any change in the value
8of certain residential and nonresidential real property
9resulting from an annual reassessment may exceed the
10assessed value of the property for the prior year;
11creating s. 196.078, F.S.; providing a definition;
12providing a first-time Florida homesteader with an
13additional homestead exemption; providing for calculation
14of the exemption; providing for the applicability period
15of the exemption; providing for an annual reduction in the
16exemption during the applicability period; providing
17application procedures; providing for applicability of
18specified provisions; providing for contingent effect of
19provisions and varying dates of application depending on
20the adoption and adoption date of specified joint
21resolutions; authorizing the Department of Revenue to
22adopt emergency rules; providing for application and
23renewal of emergency rules; amending s. 218.12, F.S.;
24requiring the Legislature to consider appropriating funds
25to fiscally constrained counties to offset reductions in
26ad valorem tax revenue as the result of the implementation
27of certain revisions to the State Constitution; requiring
28application to the department to participate in the
29distribution of such an appropriation; providing for
30certain contingent effect and retroactive application;
31providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  If House Joint Resolution 381 or Senate Joint
36Resolution 658, 2011 Regular Session, is approved by a vote of
37the electors in the general election held in November 2012,
38subsection (3) of section 193.1554, Florida Statutes, is amended
39to read:
40     193.1554  Assessment of nonhomestead residential property.-
41     (3)  Beginning in 2013 2009, or the year following the year
42the property is placed on the tax roll, whichever is later, the
43property shall be reassessed annually on January 1. Any change
44resulting from such reassessment may not exceed 5 10 percent of
45the assessed value of the property for the prior year, except as
46provided in subsection (6).
47     Section 2.  If House Joint Resolution 381 or Senate Joint
48Resolution 658, 2011 Regular Session, is approved by a vote of
49the electors in a special election held concurrent with the
50presidential preference primary in 2012, subsection (3) of
51section 193.1554, Florida Statutes, is amended to read:
52     193.1554  Assessment of nonhomestead residential property.-
53     (3)  Beginning in 2012 2009, or the year following the year
54the property is placed on the tax roll, whichever is later, the
55property shall be reassessed annually on January 1. Any change
56resulting from such reassessment may not exceed 5 10 percent of
57the assessed value of the property for the prior year, except as
58provided in subsection (6).
59     Section 3.  If House Joint Resolution 381 or Senate Joint
60Resolution 658, 2011 Regular Session, is approved by a vote of
61the electors in the general election held in November 2012,
62subsection (3) of section 193.1555, Florida Statutes, is amended
63to read:
64     193.1555  Assessment of certain residential and
65nonresidential real property.-
66     (3)  Beginning in 2013 2009, or the year following the year
67the property is placed on the tax roll, whichever is later, the
68property shall be reassessed annually on January 1. Any change
69resulting from such reassessment may not exceed 5 10 percent of
70the assessed value of the property for the prior year, except as
71provided in subsection (6).
72     Section 4.  If House Joint Resolution 381 or Senate Joint
73Resolution 658, 2011 Regular Session, is approved by a vote of
74the electors in a special election held concurrent with the
75presidential preference primary in 2012, subsection (3) of
76section 193.1555, Florida Statutes, is amended to read:
77     193.1555  Assessment of certain residential and
78nonresidential real property.-
79     (3)  Beginning in 2012 2009, or the year following the year
80the property is placed on the tax roll, whichever is later, the
81property shall be reassessed annually on January 1. Any change
82resulting from such reassessment may not exceed 5 10 percent of
83the assessed value of the property for the prior year, except as
84provided in subsection (6).
85     Section 5.  If House Joint Resolution 381 or Senate Joint
86Resolution 658, 2011 Regular Session, is approved by a vote of
87the electors in the general election held in November 2012,
88section 196.078, Florida Statutes, is created to read:
89     196.078  Additional homestead exemption for a first-time
90Florida homesteader.-
91     (1)  As used in this section, the term "first-time Florida
92homesteader" means a person who establishes the right to receive
93the homestead exemption provided in s. 196.031 within 1 year
94after purchasing the homestead property and who has not owned
95property in the 3 calendar years prior to such purchase to which
96the homestead exemption provided in s. 196.031(1)(a) applied.
97     (2)  For purposes of this section, the date on which the
98deed or other transfer instrument was signed and notarized or
99otherwise executed shall be considered the date a property was
100purchased.
101     (3)  Every first-time Florida homesteader is entitled to an
102additional homestead exemption in an amount equal to 50 percent
103of the homestead property's just value on January 1 of the year
104the homestead is established, for all levies other than school
105district levies. The additional exemption may not exceed the
106median just value for homestead property in the county where the
107property at issue is located in the calendar year immediately
108preceding January 1 of the year the homestead is established.
109The additional exemption applies for a period of 5 years or
110until the year the property is sold, whichever occurs first. The
111amount of the additional exemption shall be reduced in each
112subsequent year by an amount equal to 20 percent of the amount
113of the additional exemption received in the year the homestead
114was established or by an amount equal to the difference between
115the just value of the property and the assessed value of the
116property determined under s. 193.155, whichever is greater. Not
117more than one exemption provided under this subsection is
118allowed per homestead property. The additional exemption applies
119to property purchased on or after January 1, 2012, but is not
120available in the sixth and subsequent years after the additional
121exemption is first received.
122     (4)  The property appraiser shall require a first-time
123Florida homesteader claiming an exemption under this section to
124submit, not later than March 1 on a form prescribed by the
125Department of Revenue, a sworn statement attesting that the
126taxpayer, and each other person who holds legal or equitable
127title to the property, has not owned property in the 3 calendar
128years prior to such purchase to which the homestead exemption
129provided by s. 196.031(1)(a) applied. In order for the exemption
130to be retained upon the addition of another person to the title
131to the property, the person added must also submit, not later
132than the subsequent March 1 on a form prescribed by the
133department, a sworn statement attesting that he or she has not
134owned property in the 3 calendar years prior to being added to
135the title to which the homestead exemption provided by s.
136196.031(1)(a) applied.
137     (5)  Sections 196.131 and 196.161 apply to the exemption
138provided in this section.
139     Section 6.  If House Joint Resolution 381 or Senate Joint
140Resolution 658, 2011 Regular Session, is approved by a vote of
141the electors in a special election held concurrent with the
142presidential preference primary in 2012, section 196.078,
143Florida Statutes, is created to read:
144     196.078  Additional homestead exemption for a first-time
145Florida homesteader.-
146     (1)  As used in this section, the term "first-time Florida
147homesteader" means a person who establishes the right to receive
148the homestead exemption provided in s. 196.031 within 1 year
149after purchasing the homestead property and who has not owned
150property in the 3 calendar years prior to such purchase to which
151the homestead exemption provided in s. 196.031(1)(a) applied.
152     (2)  For purposes of this section, the date on which the
153deed or other transfer instrument was signed and notarized or
154otherwise executed shall be considered the date a property was
155purchased.
156     (3)  Every first-time Florida homesteader is entitled to an
157additional homestead exemption in an amount equal to 50 percent
158of the homestead property's just value on January 1 of the year
159the homestead is established, for all levies other than school
160district levies. The additional exemption may not exceed the
161median just value for homestead property in the county where the
162property at issue is located in the calendar year immediately
163preceding January 1 of the year the homestead is established.
164The additional exemption applies for a period of 5 years or
165until the year the property is sold, whichever occurs first. The
166amount of the additional exemption shall be reduced in each
167subsequent year by an amount equal to 20 percent of the amount
168of the additional exemption received in the year the homestead
169was established or by an amount equal to the difference between
170the just value of the property and the assessed value of the
171property determined under s. 193.155, whichever is greater. Not
172more than one exemption provided under this subsection is
173allowed per homestead property. The additional exemption applies
174to property purchased on or after January 1, 2011, but is not
175available in the sixth and subsequent years after the additional
176exemption is first received.
177     (4)(a)  In 2011, the property appraiser shall require a
178first-time Florida homesteader claiming an exemption under this
179section to submit, not later than June 1 on a form prescribed by
180the Department of Revenue, a sworn statement attesting that the
181taxpayer, and each other person who holds legal or equitable
182title to the property, has not owned property in the 3 calendar
183years prior to such purchase to which the homestead exemption
184provided by s. 196.031(1)(a) applied.
185     (b)  In 2013 and thereafter, the property appraiser shall
186require a first-time Florida homesteader claiming an exemption
187under this section to submit, not later than March 1 on a form
188prescribed by the Department of Revenue, a sworn statement
189attesting that the taxpayer, and each other person who holds
190legal or equitable title to the property, has not owned property
191in the 3 calendar years prior to such purchase to which the
192homestead exemption provided by s. 196.031(1)(a) applied.
193     (c)  In order for the exemption provided under this section
194to be retained upon the addition of another person to the title
195to the property, the person added must also submit, not later
196than the subsequent March 1 on a form prescribed by the
197department, a sworn statement attesting that he or she has not
198owned property in the 3 calendar years prior to being added to
199the title to which the homestead exemption provided by s.
200196.031(1)(a) applied.
201     (5)  Sections 196.131 and 196.161 apply to the exemption
202provided in this section.
203     Section 7.  (1)  In anticipation of implementing this act,
204the executive director of the Department of Revenue is
205authorized, and all conditions are deemed met, to adopt
206emergency rules under ss. 120.536(1) and 120.54(4), Florida
207Statutes, to make necessary changes and preparations so that
208forms, methods, and data records, electronic or otherwise, are
209ready and in place if sections 2, 4, and 6 or sections 1, 3, and
2105 of this act become law.
211     (2)  Notwithstanding any other provision of law, such
212emergency rules shall remain in effect for 18 months after the
213date of adoption and may be renewed during the pendency of
214procedures to adopt rules addressing the subject of the
215emergency rules.
216     Section 8.  If House Joint Resolution 381 or Senate Joint
217Resolution 658, 2011 Regular Session, is approved by a vote of
218the electors in a special election held concurrent with the
219presidential preference primary in 2012 or in the general
220election held in November 2012, section 218.12, Florida
221Statutes, is amended to read:
222     218.12  Appropriations to offset reductions in ad valorem
223tax revenue in fiscally constrained counties.-
224     (1)(a)  Beginning in fiscal year 2008-2009, the Legislature
225shall appropriate moneys to offset the reductions in ad valorem
226tax revenue experienced by fiscally constrained counties, as
227defined in s. 218.67(1), which occur as a direct result of the
228implementation of revisions of Art. VII of the State
229Constitution approved in the special election held on January
23029, 2008. The moneys appropriated for this purpose shall be
231distributed in January of each fiscal year among the fiscally
232constrained counties based on each county's proportion of the
233total reduction in ad valorem tax revenue resulting from the
234implementation of the revision.
235     (b)(2)  On or before November 15 of each year, beginning in
2362008, each fiscally constrained county shall apply to the
237Department of Revenue to participate in the distribution of the
238appropriation and provide documentation supporting the county's
239estimated reduction in ad valorem tax revenue in the form and
240manner prescribed by the Department of Revenue. The
241documentation must include an estimate of the reduction in
242taxable value directly attributable to revisions of Art. VII of
243the State Constitution for all county taxing jurisdictions
244within the county and shall be prepared by the property
245appraiser in each fiscally constrained county. The documentation
246must also include the county millage rates applicable in all
247such jurisdictions for both the current year and the prior year;
248rolled-back rates, determined as provided in s. 200.065, for
249each county taxing jurisdiction; and maximum millage rates that
250could have been levied by majority vote pursuant to s. 200.185.
251For purposes of this section, each fiscally constrained county's
252reduction in ad valorem tax revenue shall be calculated as 95
253percent of the estimated reduction in taxable value times the
254lesser of the 2007 applicable millage rate or the applicable
255millage rate for each county taxing jurisdiction in the prior
256year.
257     (c)(3)  In determining the reductions in ad valorem tax
258revenues occurring as a result of the implementation of the
259revisions to Art. VII of the State Constitution approved in the
260special election held on January 29, 2008, the value of
261assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
262State Constitution shall include only the reduction in taxable
263value for homesteads established January 1 of the year in which
264the determination is being made.
265     (2)(a)  Beginning in the 2012-2013 fiscal year, the
266Legislature shall consider appropriating moneys to offset the
267reductions in ad valorem tax revenue experienced by fiscally
268constrained counties, as defined in s. 218.67(1), which occur as
269a direct result of the implementation of the revision of Art.
270VII of the State Constitution contained in House Joint
271Resolution 381 or Senate Joint Resolution 658, 2011 Regular
272Session. The moneys appropriated for this purpose shall be
273distributed among the fiscally constrained counties based on
274each county's proportion of the total reduction in ad valorem
275tax revenue resulting from the implementation of the revision.
276     (b)  On or before February 1 each year, each fiscally
277constrained county shall apply to the Department of Revenue to
278participate in the distribution of the appropriation and provide
279documentation supporting the county's estimated reduction in ad
280valorem tax revenue to the Department of Revenue.
281     Section 9.  This act shall take effect upon becoming a law,
282except that the sections of this act which take effect upon the
283approval of House Joint Resolution 381 or Senate Joint
284Resolution 658, 2011 Regular Session, by a vote of the electors
285in a special election held concurrent with the presidential
286preference primary in 2012 shall apply retroactively to the 2012
287tax roll if the revision of the State Constitution contained in
288House Joint Resolution 381 or Senate Joint Resolution 658, 2011
289Regular Session, is approved by a vote of the electors in a
290special election held concurrent with the presidential
291preference primary in 2012; or the sections of this act which
292take effect upon the approval of House Joint Resolution 381 or
293Senate Joint Resolution 658, 2011 Regular Session, by a vote of
294the electors in the general election held in November 2012 shall
295apply to the 2013 tax roll if the revision of the State
296Constitution contained in House Joint Resolution 381 or Senate
297Joint Resolution 658, 2011 Regular Session, is approved by a
298vote of the electors in the general election held in November
2992012.


CODING: Words stricken are deletions; words underlined are additions.