Florida Senate - 2016                       CS for CS for SB 766
       
       
        
       By the Committees on Appropriations; and Finance and Tax; and
       Senator Flores
       
       576-04504-16                                           2016766c2
    1                        A bill to be entitled                      
    2         An act relating to ad valorem taxation; amending s.
    3         192.0105, F.S.; conforming provisions to changes made
    4         by the act; amending s. 193.073, F.S.; revising
    5         procedures for the revision of an erroneous or
    6         incomplete personal property tax return; amending s.
    7         193.122, F.S.; specifying deadlines for value
    8         adjustment boards to complete certain hearings and
    9         final assessment roll certifications; providing
   10         exceptions; providing applicability; amending ss.
   11         193.155, 193.1554, and 193.1555, F.S.; requiring a
   12         property appraiser to serve a notice of intent to
   13         record a notice of tax lien under certain
   14         circumstances; requiring certain taxpayers to be given
   15         a specified timeframe to pay taxes, penalties, and
   16         interest to avoid the filing of a lien; prohibiting
   17         the assessment of penalties and interest under certain
   18         circumstances; amending s. 194.011, F.S.; revising the
   19         procedures for filing petitions to the value
   20         adjustment board; providing applicability as to the
   21         confidentiality of certain taxpayer information;
   22         amending s. 194.014, F.S.; revising the entities
   23         authorized to determine under certain circumstances
   24         that a petitioner owes ad valorem taxes or is owed a
   25         refund of overpaid taxes; revising the rate at which
   26         interest accrues on unpaid and overpaid ad valorem
   27         taxes; defining the term “bank prime loan rate”;
   28         amending s. 194.032, F.S.; revising the purposes for
   29         which a value adjustment board may meet; revising
   30         requirements for the provision of property record
   31         cards to a petitioner for certain hearings; requiring
   32         the petitioner or property appraiser to show good
   33         cause to reschedule a hearing related to an
   34         assessment; defining the term “good cause”; amending
   35         s. 194.034, F.S.; revising requirements for an entity
   36         that may represent a taxpayer before the value
   37         adjustment board; requiring the Department of Revenue
   38         to adopt certain forms; prohibiting a taxpayer from
   39         contesting an assessment unless the return was timely
   40         filed; defining the term “timely filed”; revising
   41         provisions relating to findings of fact; amending s.
   42         194.035, F.S.; specifying that certain petitions must
   43         be heard by a special magistrate; prohibiting
   44         consideration of assessment reductions recommended in
   45         previous hearings by special magistrates when
   46         appointing or when scheduling a special magistrate;
   47         amending s. 197.3632, F.S.; extending the dates for
   48         certain counties to adopt or certify non-ad valorem
   49         assessment rolls; reenacting and amending s.
   50         1011.62(4)(e), F.S.; revising the time period for
   51         requirements and calculations applicable to the levy
   52         and adjustment of the Prior Period Funding Adjustment
   53         Millage before and after certification of the
   54         district’s final taxable value; repealing certain
   55         provisions of a rule adopted by the Department of
   56         Revenue; providing a finding of important state
   57         interest; providing effective dates.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Paragraph (f) of subsection (2) of section
   62  192.0105, Florida Statutes, is amended to read:
   63         192.0105 Taxpayer rights.—There is created a Florida
   64  Taxpayer’s Bill of Rights for property taxes and assessments to
   65  guarantee that the rights, privacy, and property of the
   66  taxpayers of this state are adequately safeguarded and protected
   67  during tax levy, assessment, collection, and enforcement
   68  processes administered under the revenue laws of this state. The
   69  Taxpayer’s Bill of Rights compiles, in one document, brief but
   70  comprehensive statements that summarize the rights and
   71  obligations of the property appraisers, tax collectors, clerks
   72  of the court, local governing boards, the Department of Revenue,
   73  and taxpayers. Additional rights afforded to payors of taxes and
   74  assessments imposed under the revenue laws of this state are
   75  provided in s. 213.015. The rights afforded taxpayers to assure
   76  that their privacy and property are safeguarded and protected
   77  during tax levy, assessment, and collection are available only
   78  insofar as they are implemented in other parts of the Florida
   79  Statutes or rules of the Department of Revenue. The rights so
   80  guaranteed to state taxpayers in the Florida Statutes and the
   81  departmental rules include:
   82         (2) THE RIGHT TO DUE PROCESS.—
   83         (f) The right, in value adjustment board proceedings, to
   84  have all evidence presented and considered at a public hearing
   85  at the scheduled time, to be represented by a person specified
   86  in s. 194.034(1)(a), (b), or (c) an attorney or agent, to have
   87  witnesses sworn and cross-examined, and to examine property
   88  appraisers or evaluators employed by the board who present
   89  testimony (see ss. 194.034(1)(d) 194.034(1)(a) and (c) and (4),
   90  and 194.035(2)).
   91         Section 2. Subsection (1) of section 193.073, Florida
   92  Statutes, is amended to read:
   93         193.073 Erroneous returns; estimate of assessment when no
   94  return filed.—
   95         (1)(a) Upon discovery that an erroneous or incomplete
   96  statement of personal property has been filed by a taxpayer or
   97  that all the property of a taxpayer has not been returned for
   98  taxation, the property appraiser shall mail a notice informing
   99  the taxpayer that an erroneous or incomplete statement of
  100  personal property has been filed. Such notice shall be mailed at
  101  any time before the mailing of the notice required in s.
  102  200.069. The taxpayer has 30 days after the date the notice is
  103  mailed to provide the property appraiser with a complete return
  104  listing all property for taxation. proceed as follows:
  105         (b)(a) If the property is personal property and is
  106  discovered before April 1, the property appraiser shall make an
  107  assessment in triplicate. After attaching the affidavit and
  108  warrant required by law, the property appraiser shall dispose of
  109  the additional assessment roll in the same manner as provided by
  110  law.
  111         (c)(b) If the property is personal property and is
  112  discovered on or after April 1, or is real property discovered
  113  at any time, the property shall be added to the assessment roll
  114  then in preparation.
  115         Section 3. Subsection (1) of section 193.122, Florida
  116  Statutes, is amended to read:
  117         193.122 Certificates of value adjustment board and property
  118  appraiser; extensions on the assessment rolls.—
  119         (1) The value adjustment board shall certify each
  120  assessment roll upon order of the board of county commissioners
  121  pursuant to s. 197.323, if applicable, and again after all
  122  hearings required by s. 194.032 have been held. These
  123  certificates shall be attached to each roll as required by the
  124  Department of Revenue. Notwithstanding an extension of the roll
  125  by the board of county commissioners pursuant to s. 197.323, the
  126  value adjustment board must complete all hearings required by s.
  127  194.032 and certify the assessment roll to the property
  128  appraiser by June 1 following the assessment year. The June 1
  129  requirement shall be extended until December 1 in each year in
  130  which the number of petitions filed increased by more than 10
  131  percent over the previous year.
  132         Section 4. The amendments made by this act to s. 193.122,
  133  Florida Statutes, first apply beginning with the 2018 tax roll.
  134         Section 5. Subsection (10) of section 193.155, Florida
  135  Statutes, is amended to read:
  136         193.155 Homestead assessments.—Homestead property shall be
  137  assessed at just value as of January 1, 1994. Property receiving
  138  the homestead exemption after January 1, 1994, shall be assessed
  139  at just value as of January 1 of the year in which the property
  140  receives the exemption unless the provisions of subsection (8)
  141  apply.
  142         (10) If the property appraiser determines that for any year
  143  or years within the prior 10 years a person who was not entitled
  144  to the homestead property assessment limitation granted under
  145  this section was granted the homestead property assessment
  146  limitation, the property appraiser making such determination
  147  shall serve upon the owner a notice of intent to record in the
  148  public records of the county a notice of tax lien against any
  149  property owned by that person in the county, and such property
  150  must be identified in the notice of tax lien. Such property that
  151  is situated in this state is subject to the unpaid taxes, plus a
  152  penalty of 50 percent of the unpaid taxes for each year and 15
  153  percent interest per annum. However, when a person entitled to
  154  exemption pursuant to s. 196.031 inadvertently receives the
  155  limitation pursuant to this section following a change of
  156  ownership, the assessment of such property must be corrected as
  157  provided in paragraph (9)(a), and the person need not pay the
  158  unpaid taxes, penalties, or interest. Before a lien may be
  159  filed, the person or entity so notified must be given 30 days to
  160  pay the taxes and any applicable penalties and interest. If the
  161  property appraiser improperly grants the property assessment
  162  limitation as a result of a clerical mistake or an omission, the
  163  person or entity improperly receiving the property assessment
  164  limitation may not be assessed a penalty or interest.
  165         Section 6. Subsection (10) of section 193.1554, Florida
  166  Statutes, is amended to read:
  167         193.1554 Assessment of nonhomestead residential property.—
  168         (10) If the property appraiser determines that for any year
  169  or years within the prior 10 years a person or entity who was
  170  not entitled to the property assessment limitation granted under
  171  this section was granted the property assessment limitation, the
  172  property appraiser making such determination shall serve upon
  173  the owner a notice of intent to record in the public records of
  174  the county a notice of tax lien against any property owned by
  175  that person or entity in the county, and such property must be
  176  identified in the notice of tax lien. Such property that is
  177  situated in this state is subject to the unpaid taxes, plus a
  178  penalty of 50 percent of the unpaid taxes for each year and 15
  179  percent interest per annum. Before a lien may be filed, the
  180  person or entity so notified must be given 30 days to pay the
  181  taxes and any applicable penalties and interest. If the property
  182  appraiser improperly grants the property assessment limitation
  183  as a result of a clerical mistake or an omission, the person or
  184  entity improperly receiving the property assessment limitation
  185  may not be assessed a penalty or interest.
  186         Section 7. Subsection (10) of section 193.1555, Florida
  187  Statutes, is amended to read:
  188         193.1555 Assessment of certain residential and
  189  nonresidential real property.—
  190         (10) If the property appraiser determines that for any year
  191  or years within the prior 10 years a person or entity who was
  192  not entitled to the property assessment limitation granted under
  193  this section was granted the property assessment limitation, the
  194  property appraiser making such determination shall serve upon
  195  the owner a notice of intent to record in the public records of
  196  the county a notice of tax lien against any property owned by
  197  that person or entity in the county, and such property must be
  198  identified in the notice of tax lien. Such property that is
  199  situated in this state is subject to the unpaid taxes, plus a
  200  penalty of 50 percent of the unpaid taxes for each year and 15
  201  percent interest per annum. Before a lien may be filed, the
  202  person or entity so notified must be given 30 days to pay the
  203  taxes and any applicable penalties and interest. If the property
  204  appraiser improperly grants the property assessment limitation
  205  as a result of a clerical mistake or an omission, the person or
  206  entity improperly receiving the property assessment limitation
  207  may not be assessed a penalty or interest.
  208         Section 8. Subsection (3) of section 194.011, Florida
  209  Statutes, is amended to read:
  210         194.011 Assessment notice; objections to assessments.—
  211         (3) A petition to the value adjustment board must be in
  212  substantially the form prescribed by the department.
  213  Notwithstanding s. 195.022, a county officer may not refuse to
  214  accept a form provided by the department for this purpose if the
  215  taxpayer chooses to use it. A petition to the value adjustment
  216  board must be signed by the taxpayer or be accompanied at the
  217  time of filing by the taxpayer’s written authorization or power
  218  of attorney, unless the person filing the petition is listed in
  219  s. 194.034(1)(a). A person listed in s. 194.034(1)(a) may file a
  220  petition with a value adjustment board without the taxpayer’s
  221  signature or written authorization by certifying under penalty
  222  of perjury that he or she has authorization to file the petition
  223  on behalf of the taxpayer. If a taxpayer notifies the value
  224  adjustment board that a petition has been filed for the
  225  taxpayer’s property without his or her consent, the value
  226  adjustment board may require the person filing the petition to
  227  provide written authorization from the taxpayer authorizing the
  228  person to proceed with the appeal before a hearing is held. If
  229  the value adjustment board finds that a person listed in s.
  230  194.034(1)(a) willfully and knowingly filed a petition that was
  231  not authorized by the taxpayer, the value adjustment board shall
  232  require such person to provide the taxpayer’s written
  233  authorization for representation to the value adjustment board
  234  clerk before any petition filed by that person is heard, for 1
  235  year after imposition of such requirement by the value
  236  adjustment board. A power of attorney or written authorization
  237  is valid for 1 assessment year, and a new power of attorney or
  238  written authorization by the taxpayer is required for each
  239  subsequent assessment year. A petition shall also describe the
  240  property by parcel number and shall be filed as follows:
  241         (a) The clerk of the value adjustment board and the
  242  property appraiser shall have available and shall distribute
  243  forms prescribed by the Department of Revenue on which the
  244  petition shall be made. Such petition shall be sworn to by the
  245  petitioner.
  246         (b) The completed petition shall be filed with the clerk of
  247  the value adjustment board of the county, who shall acknowledge
  248  receipt thereof and promptly furnish a copy thereof to the
  249  property appraiser.
  250         (c) The petition shall state the approximate time
  251  anticipated by the taxpayer to present and argue his or her
  252  petition before the board.
  253         (d) The petition may be filed, as to valuation issues, at
  254  any time during the taxable year on or before the 25th day
  255  following the mailing of notice by the property appraiser as
  256  provided in subsection (1). With respect to an issue involving
  257  the denial of an exemption, an agricultural or high-water
  258  recharge classification application, an application for
  259  classification as historic property used for commercial or
  260  certain nonprofit purposes, or a deferral, the petition must be
  261  filed at any time during the taxable year on or before the 30th
  262  day following the mailing of the notice by the property
  263  appraiser under s. 193.461, s. 193.503, s. 193.625, s. 196.173,
  264  or s. 196.193 or notice by the tax collector under s. 197.2425.
  265         (e) A condominium association, cooperative association, or
  266  any homeowners’ association as defined in s. 723.075, with
  267  approval of its board of administration or directors, may file
  268  with the value adjustment board a single joint petition on
  269  behalf of any association members who own parcels of property
  270  which the property appraiser determines are substantially
  271  similar with respect to location, proximity to amenities, number
  272  of rooms, living area, and condition. The condominium
  273  association, cooperative association, or homeowners’ association
  274  as defined in s. 723.075 shall provide the unit owners with
  275  notice of its intent to petition the value adjustment board and
  276  shall provide at least 20 days for a unit owner to elect, in
  277  writing, that his or her unit not be included in the petition.
  278         (f) An owner of contiguous, undeveloped parcels may file
  279  with the value adjustment board a single joint petition if the
  280  property appraiser determines such parcels are substantially
  281  similar in nature.
  282         (g) An owner of multiple tangible personal property
  283  accounts may file with the value adjustment board a single joint
  284  petition if the property appraiser determines that the tangible
  285  personal property accounts are substantially similar in nature.
  286         (h) The individual, agent, or legal entity that signs the
  287  petition becomes an agent of the taxpayer for the purpose of
  288  serving process to obtain personal jurisdiction over the
  289  taxpayer for the entire value adjustment board proceedings,
  290  including any appeals of a board decision by the property
  291  appraiser pursuant to s. 194.036. This paragraph does not
  292  authorize the individual, agent, or legal entity to receive or
  293  access the taxpayer’s confidential information without written
  294  authorization from the taxpayer.
  295         Section 9. Subsection (2) of section 194.014, Florida
  296  Statutes, is amended to read:
  297         194.014 Partial payment of ad valorem taxes; proceedings
  298  before value adjustment board.—
  299         (2) If the value adjustment board or the property appraiser
  300  determines that the petitioner owes ad valorem taxes in excess
  301  of the amount paid, the unpaid amount accrues interest at an
  302  annual percentage rate equal to the bank prime loan rate on July
  303  1, or the first business day thereafter if July 1 is a Saturday,
  304  Sunday, or legal holiday, of the rate of 12 percent per year,
  305  beginning on from the date the taxes became delinquent pursuant
  306  to s. 197.333 until the unpaid amount is paid. If the value
  307  adjustment board or the property appraiser determines that a
  308  refund is due, the overpaid amount accrues interest at an annual
  309  percentage rate equal to the bank prime loan rate on July 1, or
  310  the first business day thereafter if July 1 is a Saturday,
  311  Sunday, or legal holiday, of the tax the rate of 12 percent per
  312  year, beginning on from the date the taxes became delinquent
  313  pursuant to s. 197.333 until a refund is paid. Interest on an
  314  overpayment related to a petition shall be funded
  315  proportionately by each taxing authority that was overpaid.
  316  Interest does not accrue on amounts paid in excess of 100
  317  percent of the current taxes due as provided on the tax notice
  318  issued pursuant to s. 197.322. For purposes of this subsection,
  319  the term “bank prime loan rate” means the average predominant
  320  prime rate quoted by commercial banks to large businesses as
  321  published by the Board of Governors of the Federal Reserve
  322  System.
  323         Section 10. Paragraph (a) of subsection (1) and paragraph
  324  (a) of subsection (2) of section 194.032, Florida Statutes, are
  325  amended to read:
  326         194.032 Hearing purposes; timetable.—
  327         (1)(a) The value adjustment board shall meet not earlier
  328  than 30 days and not later than 60 days after the mailing of the
  329  notice provided in s. 194.011(1); however, no board hearing
  330  shall be held before approval of all or any part of the
  331  assessment rolls by the Department of Revenue. The board shall
  332  meet for the following purposes:
  333         1. Hearing petitions relating to assessments filed pursuant
  334  to s. 194.011(3).
  335         2. Hearing complaints relating to homestead exemptions as
  336  provided for under s. 196.151.
  337         3. Hearing appeals from exemptions denied, or disputes
  338  arising from exemptions granted, upon the filing of exemption
  339  applications under s. 196.011.
  340         4. Hearing appeals concerning ad valorem tax deferrals and
  341  classifications.
  342         5. Hearing appeals from determinations that a change of
  343  ownership under s. 193.155(3), a change of ownership or control
  344  under s. 193.1554(5) or s. 193.1555(5), or a qualifying
  345  improvement under s. 193.1555(5), has occurred.
  346         (2)(a) The clerk of the governing body of the county shall
  347  prepare a schedule of appearances before the board based on
  348  petitions timely filed with him or her. The clerk shall notify
  349  each petitioner of the scheduled time of his or her appearance
  350  at least 25 calendar days before the day of the scheduled
  351  appearance. The notice must indicate whether the petition has
  352  been scheduled to be heard at a particular time or during a
  353  block of time. If the petition has been scheduled to be heard
  354  within a block of time, the beginning and ending of that block
  355  of time must be indicated on the notice; however, as provided in
  356  paragraph (b), a petitioner may not be required to wait for more
  357  than a reasonable time, not to exceed 2 hours, after the
  358  beginning of the block of time. If the petitioner checked the
  359  appropriate box on the petition form to request a copy of the
  360  property record card containing relevant information used in
  361  computing the current assessment, The property appraiser must
  362  provide a the copy of the property record card containing
  363  information relevant to the computation of the current
  364  assessment, with confidential information redacted, to the
  365  petitioner upon receipt of the petition from the clerk
  366  regardless of whether the petitioner initiates evidence
  367  exchange, unless the property record card is available online
  368  from the property appraiser, in which case the property
  369  appraiser must notify the petitioner that the property record
  370  card is available online. Upon receipt of the notice, The
  371  petitioner and the property appraiser may each reschedule the
  372  hearing a single time for good cause by submitting to the clerk
  373  a written request to reschedule, at least 5 calendar days before
  374  the day of the originally scheduled hearing. As used in this
  375  paragraph, the term “good cause” means circumstances beyond the
  376  control of the person seeking to reschedule the hearing which
  377  reasonably prevent the party from having adequate representation
  378  at the hearing. If the hearing is rescheduled by the petitioner
  379  or the property appraiser, the clerk shall notify the petitioner
  380  of the rescheduled time of his or her appearance at least 15
  381  calendar days before the day of the rescheduled appearance,
  382  unless this notice is waived by both parties.
  383         Section 11. Subsections (1) and (2) of section 194.034,
  384  Florida Statutes, are amended to read:
  385         194.034 Hearing procedures; rules.—
  386         (1)(a) Petitioners before the board may be represented by
  387  an employee of the taxpayer or an affiliated entity, an attorney
  388  who is a member of The Florida Bar, a real estate appraiser
  389  licensed under chapter 475, a real estate broker licensed under
  390  chapter 475, or a certified public accountant licensed under
  391  chapter 473, retained by the taxpayer. Such person may or agent
  392  and present testimony and other evidence.
  393         (b) A petitioner before the board may also be represented
  394  by a person with a power of attorney to act on the taxpayer’s
  395  behalf. Such person may present testimony and other evidence.
  396  The power of attorney must conform to the requirements of part
  397  II of chapter 709, is valid only to represent a single
  398  petitioner in a single assessment year, and must identify the
  399  parcels for which the taxpayer has granted the person the
  400  authority to represent the taxpayer. The Department of Revenue
  401  shall adopt a form that meets the requirements of this
  402  paragraph. However, a petitioner is not required to use the
  403  department’s form to grant the power of attorney.
  404         (c) A petitioner before the board may also be represented
  405  by a person with written authorization to act on the taxpayer’s
  406  behalf, for which such person receives no compensation. Such
  407  person may present testimony and other evidence. The written
  408  authorization is valid only to represent a single petitioner in
  409  a single assessment year and must identify the parcels for which
  410  the taxpayer authorizes the person to represent the taxpayer.
  411  The Department of Revenue shall adopt a form that meets the
  412  requirements of this paragraph. However, a petitioner is not
  413  required to use the department’s form to grant the
  414  authorization.
  415         (d) The property appraiser or his or her authorized
  416  representatives may be represented by an attorney in defending
  417  the property appraiser’s assessment or opposing an exemption and
  418  may present testimony and other evidence.
  419         (e) The property appraiser, each petitioner, and all
  420  witnesses shall be required, upon the request of either party,
  421  to testify under oath as administered by the chair chairperson
  422  of the board. Hearings shall be conducted in the manner
  423  prescribed by rules of the department, which rules shall include
  424  the right of cross-examination of any witness.
  425         (f)(b) Nothing herein shall preclude an aggrieved taxpayer
  426  from contesting his or her assessment in the manner provided by
  427  s. 194.171, regardless of whether or not he or she has initiated
  428  an action pursuant to s. 194.011.
  429         (g)(c) The rules shall provide that no evidence shall be
  430  considered by the board except when presented during the time
  431  scheduled for the petitioner’s hearing or at a time when the
  432  petitioner has been given reasonable notice; that a verbatim
  433  record of the proceedings shall be made, and proof of any
  434  documentary evidence presented shall be preserved and made
  435  available to the Department of Revenue, if requested; and that
  436  further judicial proceedings shall be as provided in s. 194.036.
  437         (h)(d) Notwithstanding the provisions of this subsection, a
  438  no petitioner may not present for consideration, and nor may a
  439  board or special magistrate may not accept for consideration,
  440  testimony or other evidentiary materials that were requested of
  441  the petitioner in writing by the property appraiser of which the
  442  petitioner had knowledge but and denied to the property
  443  appraiser.
  444         (i)(e) Chapter 120 does not apply to hearings of the value
  445  adjustment board.
  446         (j)(f) An assessment may not be contested unless until a
  447  return as required by s. 193.052 was timely has been filed. For
  448  purposes of this paragraph, the term “timely filed” means filed
  449  by the deadline established in s. 193.062 or before the
  450  expiration of any extension granted under s. 193.063. If notice
  451  is mailed pursuant to s. 193.073(1)(a), a complete return must
  452  be submitted under s. 193.073(1)(a) for the assessment to be
  453  contested.
  454         (2) In each case, except if the complaint is withdrawn by
  455  the petitioner or if the complaint is acknowledged as correct by
  456  the property appraiser, the value adjustment board shall render
  457  a written decision. All such decisions shall be issued within 20
  458  calendar days after the last day the board is in session under
  459  s. 194.032. The decision of the board must contain findings of
  460  fact and conclusions of law and must include reasons for
  461  upholding or overturning the determination of the property
  462  appraiser. Findings of fact must be based on admitted evidence
  463  or a lack thereof. If a special magistrate has been appointed,
  464  the recommendations of the special magistrate shall be
  465  considered by the board. The clerk, upon issuance of a decision,
  466  shall, on a form provided by the Department of Revenue, notify
  467  each taxpayer and the property appraiser of the decision of the
  468  board. This notification shall be by first-class mail or by
  469  electronic means if selected by the taxpayer on the originally
  470  filed petition. If requested by the Department of Revenue, the
  471  clerk shall provide to the department a copy of the decision or
  472  information relating to the tax impact of the findings and
  473  results of the board as described in s. 194.037 in the manner
  474  and form requested.
  475         Section 12. Subsection (1) of section 194.035, Florida
  476  Statutes, is amended to read:
  477         194.035 Special magistrates; property evaluators.—
  478         (1) In counties having a population of more than 75,000,
  479  the board shall appoint special magistrates for the purpose of
  480  taking testimony and making recommendations to the board, which
  481  recommendations the board may act upon without further hearing.
  482  These special magistrates may not be elected or appointed
  483  officials or employees of the county but shall be selected from
  484  a list of those qualified individuals who are willing to serve
  485  as special magistrates. Employees and elected or appointed
  486  officials of a taxing jurisdiction or of the state may not serve
  487  as special magistrates. The clerk of the board shall annually
  488  notify such individuals or their professional associations to
  489  make known to them that opportunities to serve as special
  490  magistrates exist. The Department of Revenue shall provide a
  491  list of qualified special magistrates to any county with a
  492  population of 75,000 or less. Subject to appropriation, the
  493  department shall reimburse counties with a population of 75,000
  494  or less for payments made to special magistrates appointed for
  495  the purpose of taking testimony and making recommendations to
  496  the value adjustment board pursuant to this section. The
  497  department shall establish a reasonable range for payments per
  498  case to special magistrates based on such payments in other
  499  counties. Requests for reimbursement of payments outside this
  500  range shall be justified by the county. If the total of all
  501  requests for reimbursement in any year exceeds the amount
  502  available pursuant to this section, payments to all counties
  503  shall be prorated accordingly. If a county having a population
  504  less than 75,000 does not appoint a special magistrate to hear
  505  each petition, the person or persons designated to hear
  506  petitions before the value adjustment board or the attorney
  507  appointed to advise the value adjustment board shall attend the
  508  training provided pursuant to subsection (3), regardless of
  509  whether the person would otherwise be required to attend, but
  510  shall not be required to pay the tuition fee specified in
  511  subsection (3). A special magistrate appointed to hear issues of
  512  exemptions, and classifications, and determinations that a
  513  change of ownership, a change of ownership or control, or a
  514  qualifying improvement has occurred shall be a member of The
  515  Florida Bar with no less than 5 years’ experience in the area of
  516  ad valorem taxation. A special magistrate appointed to hear
  517  issues regarding the valuation of real estate shall be a state
  518  certified real estate appraiser with not less than 5 years’
  519  experience in real property valuation. A special magistrate
  520  appointed to hear issues regarding the valuation of tangible
  521  personal property shall be a designated member of a nationally
  522  recognized appraiser’s organization with not less than 5 years’
  523  experience in tangible personal property valuation. A special
  524  magistrate need not be a resident of the county in which he or
  525  she serves. A special magistrate may not represent a person
  526  before the board in any tax year during which he or she has
  527  served that board as a special magistrate. Before appointing a
  528  special magistrate, a value adjustment board shall verify the
  529  special magistrate’s qualifications. The value adjustment board
  530  shall ensure that the selection of special magistrates is based
  531  solely upon the experience and qualifications of the special
  532  magistrate and is not influenced by the property appraiser. The
  533  special magistrate shall accurately and completely preserve all
  534  testimony and, in making recommendations to the value adjustment
  535  board, shall include proposed findings of fact, conclusions of
  536  law, and reasons for upholding or overturning the determination
  537  of the property appraiser. The expense of hearings before
  538  magistrates and any compensation of special magistrates shall be
  539  borne three-fifths by the board of county commissioners and two
  540  fifths by the school board. When appointing special magistrates
  541  or when scheduling special magistrates for specific hearings,
  542  the board, the board attorney, and the board clerk may not
  543  consider the dollar amount or percentage of any assessment
  544  reductions recommended by any special magistrate in the current
  545  year or in any previous year.
  546         Section 13. Paragraph (a) of subsection (4) and paragraph
  547  (a) of subsection (5) of section 197.3632, Florida Statutes, are
  548  amended to read:
  549         197.3632 Uniform method for the levy, collection, and
  550  enforcement of non-ad valorem assessments.—
  551         (4)(a) A local government shall adopt a non-ad valorem
  552  assessment roll at a public hearing held between January 1 and
  553  September 15, or between January 1 and September 25 for any
  554  county as defined in s. 125.011(1), if:
  555         1. The non-ad valorem assessment is levied for the first
  556  time;
  557         2. The non-ad valorem assessment is increased beyond the
  558  maximum rate authorized by law or judicial decree at the time of
  559  initial imposition;
  560         3. The local government’s boundaries have changed, unless
  561  all newly affected property owners have provided written consent
  562  for such assessment to the local governing board; or
  563         4. There is a change in the purpose for such assessment or
  564  in the use of the revenue generated by such assessment.
  565         (5)(a) By September 15 of each year, or by September 25 for
  566  any county as defined in s. 125.011(1), the chair of the local
  567  governing board or his or her designee shall certify a non-ad
  568  valorem assessment roll on compatible electronic medium to the
  569  tax collector. The local government shall post the non-ad
  570  valorem assessment for each parcel on the roll. The tax
  571  collector shall not accept any such roll that is not certified
  572  on compatible electronic medium and that does not contain the
  573  posting of the non-ad valorem assessment for each parcel. It is
  574  the responsibility of the local governing board that such roll
  575  be free of errors and omissions. Alterations to such roll may be
  576  made by the chair or his or her designee up to 10 days before
  577  certification. If the tax collector discovers errors or
  578  omissions on such roll, he or she may request the local
  579  governing board to file a corrected roll or a correction of the
  580  amount of any assessment.
  581         Section 14. Effective June 30, 2016, notwithstanding the
  582  expiration date in section 9 of chapter 2015-222, Laws of
  583  Florida, and notwithstanding the amendment made by section 16 of
  584  SB 1040, 2016 Regular Session, paragraph (e) of subsection (4)
  585  of section 1011.62, Florida Statutes, as amended by section 7 of
  586  chapter 2015-222, Laws of Florida, is reenacted and amended to
  587  read:
  588         1011.62 Funds for operation of schools.—If the annual
  589  allocation from the Florida Education Finance Program to each
  590  district for operation of schools is not determined in the
  591  annual appropriations act or the substantive bill implementing
  592  the annual appropriations act, it shall be determined as
  593  follows:
  594         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
  595  Legislature shall prescribe the aggregate required local effort
  596  for all school districts collectively as an item in the General
  597  Appropriations Act for each fiscal year. The amount that each
  598  district shall provide annually toward the cost of the Florida
  599  Education Finance Program for kindergarten through grade 12
  600  programs shall be calculated as follows:
  601         (e) Prior period funding adjustment millage.—
  602         1. There shall be An additional millage to be known as the
  603  Prior Period Funding Adjustment Millage shall be levied by a
  604  school district if the prior period unrealized required local
  605  effort funds are greater than zero. The Commissioner of
  606  Education shall calculate the amount of the prior period
  607  unrealized required local effort funds as specified in
  608  subparagraph 2. and the millage required to generate that amount
  609  as specified in this subparagraph. The Prior Period Funding
  610  Adjustment Millage shall be the quotient of the prior period
  611  unrealized required local effort funds divided by the current
  612  year taxable value certified to the Commissioner of Education
  613  pursuant to sub-subparagraph (a)1.a. This levy shall be in
  614  addition to the required local effort millage certified pursuant
  615  to this subsection. Such millage shall not affect the
  616  calculation of the current year’s required local effort, and the
  617  funds generated by such levy shall not be included in the
  618  district’s Florida Education Finance Program allocation for that
  619  fiscal year. For purposes of the millage to be included on the
  620  Notice of Proposed Taxes, the Commissioner of Education shall
  621  adjust the required local effort millage computed pursuant to
  622  paragraph (a) as adjusted by paragraph (b) for the current year
  623  for any district that levies a Prior Period Funding Adjustment
  624  Millage to include all Prior Period Funding Adjustment Millage.
  625  For the purpose of this paragraph, there shall be a Prior Period
  626  Funding Adjustment Millage shall be levied for each year
  627  certified by the Department of Revenue pursuant to sub
  628  subparagraph (a)2.a. since the previous year certification and
  629  for which the calculation in sub-subparagraph 2.b. is greater
  630  than zero.
  631         2.a. As used in this subparagraph, the term:
  632         (I) “Prior year” means a year certified under sub
  633  subparagraph (a)2.a.
  634         (II) “Preliminary taxable value” means:
  635         (A) If the prior year is the 2009-2010 fiscal year or
  636  later, the taxable value certified to the Commissioner of
  637  Education pursuant to sub-subparagraph (a)1.a.
  638         (B) If the prior year is the 2008-2009 fiscal year or
  639  earlier, the taxable value certified pursuant to the final
  640  calculation as specified in former paragraph (b) as that
  641  paragraph existed in the prior year.
  642         (III) “Final taxable value” means the district’s taxable
  643  value as certified by the property appraiser pursuant to s.
  644  193.122(2) or (3), if applicable. This is the certification that
  645  reflects all final administrative actions of the value
  646  adjustment board.
  647         b. For purposes of this subsection and with respect to each
  648  year certified pursuant to sub-subparagraph (a)2.a., if the
  649  district’s prior year preliminary taxable value is greater than
  650  the district’s prior year final taxable value, the prior period
  651  unrealized required local effort funds are the difference
  652  between the district’s prior year preliminary taxable value and
  653  the district’s prior year final taxable value, multiplied by the
  654  prior year district required local effort millage. If the
  655  district’s prior year preliminary taxable value is less than the
  656  district’s prior year final taxable value, the prior period
  657  unrealized required local effort funds are zero.
  658         c. For the 2015-2016 fiscal year only, If a district’s
  659  prior period unrealized required local effort funds and prior
  660  period district required local effort millage cannot be
  661  determined because such district’s final taxable value has not
  662  yet been certified pursuant to s. 193.122(2) or (3), for the
  663  2015 tax levy, the Prior Period Funding Adjustment Millage for
  664  such fiscal year shall be levied, if not previously levied, in
  665  2015 in an amount equal to 75 percent of such district’s most
  666  recent unrealized required local effort for which a Prior Period
  667  Funding Adjustment Millage was determined as provided in this
  668  section. Upon certification of the final taxable value in
  669  accordance with s. 193.122(2) or (3) for a the 2012, 2013, or
  670  2014 tax roll rolls for which a 75 percent Prior Period Funding
  671  Adjustment Millage was levied in accordance with s. 193.122(2)
  672  or (3), the next Prior Period Funding Adjustment Millage levied
  673  in 2015 and 2016 shall be adjusted to include any shortfall or
  674  surplus in the prior period unrealized required local effort
  675  funds that would have been levied in 2014 or 2015, had the
  676  district’s final taxable value been certified pursuant to s.
  677  193.122(2) or (3) for the 2014 or 2015 tax levy. If this
  678  adjustment is made for a surplus, the reduction in prior period
  679  millage may not exceed the prior period funding adjustment
  680  millage calculated pursuant to subparagraph 1. and sub
  681  subparagraphs a. and b., or pursuant to this sub-subparagraph,
  682  whichever is applicable, and any additional reduction shall be
  683  carried forward to the subsequent fiscal year.
  684         Section 15. Subsections (4) and (5) of rule 12D-9.019,
  685  Florida Administrative Code, relating to scheduling and notice
  686  of a hearing of the Department of Revenue, are repealed, and the
  687  Department of State shall update the Florida Administrative Code
  688  to remove those subsections of the rule.
  689         Section 16. The Legislature finds that this act fulfills an
  690  important state interest.
  691         Section 17. Except as otherwise expressly provided in this
  692  act, and except for this section, which shall take effect June
  693  30, 2016, this act shall take effect July 1, 2016.