Florida Senate - 2023                                     SB 474
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00340A-23                                           2023474__
    1                        A bill to be entitled                      
    2         An act relating to property tax administration;
    3         amending s. 193.122, F.S.; revising the timeframe
    4         under which certain appeals of value adjustment board
    5         decisions must be filed by a property appraiser under
    6         certain circumstances; amending s. 193.155, F.S.;
    7         specifying when erroneous assessments of homestead
    8         property must be corrected; deleting a calculation of
    9         back taxes; specifying that certain erroneous property
   10         assessments may, rather than must, be corrected in a
   11         specified manner; amending ss. 193.1554 and 193.1555,
   12         F.S.; adding circumstances under which there is no
   13         change of ownership for purposes of an assessment
   14         limitation on nonhomestead residential property or
   15         certain nonresidential real property, respectively;
   16         specifying when erroneous property assessments must be
   17         corrected; deleting a calculation of back taxes;
   18         providing that a taxpayer receiving an erroneously
   19         granted property assessment limitation need not pay
   20         the unpaid taxes, penalties, or interest; providing
   21         construction and retroactive applicability; amending
   22         s. 194.011, F.S.; authorizing a taxpayer to appeal the
   23         amount of a homestead assessment limitation difference
   24         with the value adjustment board; specifying
   25         requirements for the petition for appeal; amending s.
   26         194.032, F.S.; adding appeals for which a value
   27         adjustment board must meet to hear; amending s.
   28         194.036, F.S.; revising, for counties above a
   29         specified population threshold, a condition under
   30         which a property appraiser may appeal a decision of
   31         the value adjustment board; amending s. 196.011, F.S.;
   32         providing that a taxpayer need not pay unpaid taxes,
   33         penalties, or interest for erroneously granted
   34         exemptions for which annual application or statement
   35         requirements are waived; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsection (4) of section 193.122, Florida
   40  Statutes, is amended to read:
   41         193.122 Certificates of value adjustment board and property
   42  appraiser; extensions on the assessment rolls.—
   43         (4) An appeal of a value adjustment board decision pursuant
   44  to s. 194.036(1)(a) or (b) by the property appraiser shall be
   45  filed prior to extension of the tax roll under subsection (2)
   46  or, if the roll was extended pursuant to s. 197.323, within 30
   47  days after the date a decision is rendered concerning such
   48  assessment by the value adjustment board of recertification
   49  under subsection (3). The roll may be certified by the property
   50  appraiser prior to an appeal being filed pursuant to s.
   51  194.036(1)(c), but such appeal shall be filed within 20 days
   52  after receipt of the decision of the department relative to
   53  further judicial proceedings.
   54         Section 2. Subsections (9) and (10) of section 193.155,
   55  Florida Statutes, are amended to read:
   56         193.155 Homestead assessments.—Homestead property shall be
   57  assessed at just value as of January 1, 1994. Property receiving
   58  the homestead exemption after January 1, 1994, shall be assessed
   59  at just value as of January 1 of the year in which the property
   60  receives the exemption unless the provisions of subsection (8)
   61  apply.
   62         (9) Erroneous assessments of homestead property assessed
   63  under this section may be corrected in the following manner:
   64         (a) If errors are made in arriving at any assessment under
   65  this section due to a material mistake of fact concerning an
   66  essential characteristic of the property, the just value and
   67  assessed value must be recalculated beginning in the year such
   68  mistake is discovered for every such year, including the year in
   69  which the mistake occurred.
   70         (b) If changes, additions, or improvements are not assessed
   71  at just value as of the first January 1 after they were
   72  substantially completed, the property appraiser shall determine
   73  the just value for such changes, additions, or improvements for
   74  the year they were substantially completed. Assessments for
   75  subsequent years, beginning in the year such mistake is
   76  discovered, shall be corrected, applying this section if
   77  applicable.
   78         (c) If back taxes are due pursuant to s. 193.092, the
   79  corrections made pursuant to this subsection shall be used to
   80  calculate such back taxes.
   81         (10) If the property appraiser determines that for any year
   82  or years within the prior 10 years a person who was not entitled
   83  to the homestead property assessment limitation granted under
   84  this section was granted the homestead property assessment
   85  limitation, the property appraiser making such determination
   86  shall serve upon the owner a notice of intent to record in the
   87  public records of the county a notice of tax lien against any
   88  property owned by that person in the county, and such property
   89  must be identified in the notice of tax lien. Such property that
   90  is situated in this state is subject to the unpaid taxes, plus a
   91  penalty of 50 percent of the unpaid taxes for each year and 15
   92  percent interest per annum. However, when a person entitled to
   93  exemption pursuant to s. 196.031 inadvertently receives the
   94  limitation pursuant to this section following a change of
   95  ownership, or if the property appraiser improperly grants the
   96  property assessment limitation as a result of an error,
   97  including, but not limited to, a clerical mistake or an
   98  omission, the assessment of such property may must be corrected
   99  as provided in paragraph (9)(a), and the person need not pay the
  100  unpaid taxes, penalties, or interest. Before a lien may be
  101  filed, the person or entity so notified must be given 30 days to
  102  pay the taxes and any applicable penalties and interest. If the
  103  property appraiser improperly grants the property assessment
  104  limitation as a result of a clerical mistake or an omission, the
  105  person or entity improperly receiving the property assessment
  106  limitation may not be assessed a penalty or interest.
  107         Section 3. Present paragraph (d) of subsection (5) of
  108  section 193.1554, Florida Statutes, is redesignated as paragraph
  109  (e), a new paragraph (d) is added to that subsection, and
  110  subsections (9) and (10) of that section are amended, to read:
  111         193.1554 Assessment of nonhomestead residential property.—
  112         (5) Except as provided in this subsection, property
  113  assessed under this section shall be assessed at just value as
  114  of January 1 of the year following a change of ownership or
  115  control. Thereafter, the annual changes in the assessed value of
  116  the property are subject to the limitations in subsections (3)
  117  and (4). For purpose of this section, a change of ownership or
  118  control means any sale, foreclosure, transfer of legal title or
  119  beneficial title in equity to any person, or the cumulative
  120  transfer of control or of more than 50 percent of the ownership
  121  of the legal entity that owned the property when it was most
  122  recently assessed at just value, except as provided in this
  123  subsection. There is no change of ownership if:
  124         (d) The transfer is between an individual or individuals
  125  and an entity, or between legal entities, which results solely
  126  in a change in the method of holding title to the real property
  127  and there is no cumulative transfer of control of more than 50
  128  percent of the ownership.
  129         (9) Erroneous assessments of nonhomestead residential
  130  property assessed under this section may be corrected in the
  131  following manner:
  132         (a) If errors are made in arriving at any assessment under
  133  this section due to a material mistake of fact concerning an
  134  essential characteristic of the property, the just value and
  135  assessed value must be recalculated beginning in the year such
  136  mistake is discovered for every such year, including the year in
  137  which the mistake occurred.
  138         (b) If changes, additions, or improvements are not assessed
  139  at just value as of the first January 1 after they were
  140  substantially completed, the property appraiser shall determine
  141  the just value for such changes, additions, or improvements for
  142  the year they were substantially completed. Assessments for
  143  subsequent years, beginning in the year such mistake is
  144  discovered, shall be corrected, applying this section if
  145  applicable.
  146         (c) If back taxes are due pursuant to s. 193.092, the
  147  corrections made pursuant to this subsection shall be used to
  148  calculate such back taxes.
  149         (10) If the property appraiser determines that for any year
  150  or years within the prior 10 years a person or entity who was
  151  not entitled to the property assessment limitation granted under
  152  this section was granted the property assessment limitation, the
  153  property appraiser making such determination shall serve upon
  154  the owner a notice of intent to record in the public records of
  155  the county a notice of tax lien against any property owned by
  156  that person or entity in the county, and such property must be
  157  identified in the notice of tax lien. Such property that is
  158  situated in this state is subject to the unpaid taxes, plus a
  159  penalty of 50 percent of the unpaid taxes for each year and 15
  160  percent interest per annum. However, if the assessment
  161  limitation is granted as a result of an error by the property
  162  appraiser, including, but not limited to, a clerical mistake or
  163  an omission, the taxpayer need not pay the unpaid taxes,
  164  penalties, or interest. Before a lien may be filed, the person
  165  or entity so notified must be given 30 days to pay the taxes and
  166  any applicable penalties and interest. If the property appraiser
  167  improperly grants the property assessment limitation as a result
  168  of a clerical mistake or an omission, the person or entity
  169  improperly receiving the property assessment limitation may not
  170  be assessed a penalty or interest.
  171         Section 4. Paragraph (b) of subsection (5) and subsections
  172  (9) and (10) of section 193.1555, Florida Statutes, are amended
  173  to read:
  174         193.1555 Assessment of certain residential and
  175  nonresidential real property.—
  176         (5) Except as provided in this subsection, property
  177  assessed under this section shall be assessed at just value as
  178  of January 1 of the year following a qualifying improvement or
  179  change of ownership or control. Thereafter, the annual changes
  180  in the assessed value of the property are subject to the
  181  limitations in subsections (3) and (4). For purpose of this
  182  section:
  183         (b) A change of ownership or control means any sale,
  184  foreclosure, transfer of legal title or beneficial title in
  185  equity to any person, or the cumulative transfer of control or
  186  of more than 50 percent of the ownership of the legal entity
  187  that owned the property when it was most recently assessed at
  188  just value, except as provided in this subsection. There is no
  189  change of ownership if:
  190         1. The transfer of title is to correct an error.
  191         2. The transfer is between legal and equitable title.
  192         3. The transfer is between an individual or individuals and
  193  an entity, or between legal entities, which results solely in a
  194  change in the method of holding title to the real property and
  195  there is no cumulative transfer of control of more than 50
  196  percent of the ownership.
  197         4. For a publicly traded company, the cumulative transfer
  198  of more than 50 percent of the ownership of the entity that owns
  199  the property occurs through the buying and selling of shares of
  200  the company on a public exchange. This exception does not apply
  201  to a transfer made through a merger with or acquisition by
  202  another company, including acquisition by acquiring outstanding
  203  shares of the company.
  204         (9) Erroneous assessments of nonresidential real property
  205  assessed under this section may be corrected in the following
  206  manner:
  207         (a) If errors are made in arriving at any assessment under
  208  this section due to a material mistake of fact concerning an
  209  essential characteristic of the property, the just value and
  210  assessed value must be recalculated beginning in the year such
  211  mistake is discovered for every such year, including the year in
  212  which the mistake occurred.
  213         (b) If changes, additions, or improvements are not assessed
  214  at just value as of the first January 1 after they were
  215  substantially completed, the property appraiser shall determine
  216  the just value for such changes, additions, or improvements for
  217  the year they were substantially completed. Assessments for
  218  subsequent years, beginning in the year such mistake is
  219  discovered, shall be corrected, applying this section if
  220  applicable.
  221         (c) If back taxes are due pursuant to s. 193.092, the
  222  corrections made pursuant to this subsection shall be used to
  223  calculate such back taxes.
  224         (10) If the property appraiser determines that for any year
  225  or years within the prior 10 years a person or entity who was
  226  not entitled to the property assessment limitation granted under
  227  this section was granted the property assessment limitation, the
  228  property appraiser making such determination shall serve upon
  229  the owner a notice of intent to record in the public records of
  230  the county a notice of tax lien against any property owned by
  231  that person or entity in the county, and such property must be
  232  identified in the notice of tax lien. Such property that is
  233  situated in this state is subject to the unpaid taxes, plus a
  234  penalty of 50 percent of the unpaid taxes for each year and 15
  235  percent interest per annum. However, if the assessment
  236  limitation is granted as a result of an error by the property
  237  appraiser, including, but not limited to, a clerical mistake or
  238  an omission, the taxpayer need not pay the unpaid taxes,
  239  penalties, or interest. Before a lien may be filed, the person
  240  or entity so notified must be given 30 days to pay the taxes and
  241  any applicable penalties and interest. If the property appraiser
  242  improperly grants the property assessment limitation as a result
  243  of a clerical mistake or an omission, the person or entity
  244  improperly receiving the property assessment limitation may not
  245  be assessed a penalty or interest.
  246         Section 5. The amendments made by this act to ss.
  247  193.1554(5) and 193.1555(5)(b), Florida Statutes, are intended
  248  to be remedial and clarifying in nature and apply retroactively,
  249  but do not provide a basis for an assessment of any tax or
  250  create a right to a refund of any tax paid before the effective
  251  date of this act.
  252         Section 6. Present paragraphs (a) through (e) of subsection
  253  (6) of section 194.011, Florida Statutes, are redesignated as
  254  paragraphs (b) through (f), respectively, and a new paragraph
  255  (a) is added to that subsection, to read:
  256         194.011 Assessment notice; objections to assessments.—
  257         (6) The following provisions apply to petitions to the
  258  value adjustment board concerning the assessment of homestead
  259  property at less than just value under s. 193.155(8):
  260         (a) If the taxpayer does not agree with the amount of the
  261  assessment limitation difference for which the taxpayer
  262  qualifies as stated by the property appraiser, the taxpayer may
  263  appeal the amount of assessment limitation difference. The
  264  appeal must be filed as an appeal of the new homestead property
  265  to which the contested assessment limitation difference has been
  266  applied and must be filed in the tax year in which the
  267  assessment limitation difference is first applied to the new
  268  homestead property.
  269         Section 7. Paragraph (a) of subsection (1) of section
  270  194.032, Florida Statutes, is amended to read:
  271         194.032 Hearing purposes; timetable.—
  272         (1)(a) The value adjustment board shall meet not earlier
  273  than 30 days and not later than 60 days after the mailing of the
  274  notice provided in s. 194.011(1); however, no board hearing
  275  shall be held before approval of all or any part of the
  276  assessment rolls by the Department of Revenue. The board shall
  277  meet for the following purposes:
  278         1. Hearing petitions relating to assessments filed pursuant
  279  to s. 194.011(3).
  280         2. Hearing complaints relating to homestead exemptions as
  281  provided for under s. 196.151.
  282         3. Hearing appeals from exemptions denied, or disputes
  283  arising from exemptions granted, upon the filing of exemption
  284  applications under s. 196.011.
  285         4. Hearing appeals concerning ad valorem tax deferrals and
  286  classifications.
  287         5. Hearing appeals from determinations that a change of
  288  ownership under s. 193.155(3), a change of ownership or control
  289  under s. 193.1554(5) or s. 193.1555(5), or a qualifying
  290  improvement under s. 193.1555(5) has occurred.
  291         6.Hearing appeals concerning the validity or amount, or
  292  both, of assessments created under s. 193.092.
  293         7.Hearing appeals on the issue of whether a tangible
  294  personal property return as required under s. 193.052 was timely
  295  filed so as to allow such assessment to be contested at the
  296  value adjustment board, and to waive penalties imposed under s.
  297  193.072.
  298         Section 8. Subsection (1) of section 194.036, Florida
  299  Statutes, is amended to read:
  300         194.036 Appeals.—Appeals of the decisions of the board
  301  shall be as follows:
  302         (1) If the property appraiser disagrees with the decision
  303  of the board, he or she may appeal the decision to the circuit
  304  court if one or more of the following criteria are met:
  305         (a) The property appraiser determines and affirmatively
  306  asserts in any legal proceeding that there is a specific
  307  constitutional or statutory violation, or a specific violation
  308  of administrative rules, in the decision of the board, except
  309  that nothing herein shall authorize the property appraiser to
  310  institute any suit to challenge the validity of any portion of
  311  the constitution or of any duly enacted legislative act of this
  312  state.;
  313         (b)1.In counties with a population of 75,000 or less,
  314  there is a variance from the property appraiser’s assessed value
  315  in excess of the following: 15 percent variance from any
  316  assessment of $50,000 or less; 10 percent variance from any
  317  assessment in excess of $50,000 but not in excess of $500,000;
  318  7.5 percent variance from any assessment in excess of $500,000
  319  but not in excess of $1 million; or 5 percent variance from any
  320  assessment in excess of $1 million.
  321         2.In counties with a population of more than 75,000, there
  322  is a variance from the property appraiser’s assessed value in
  323  excess of the following: 30 percent variance from any assessment
  324  of $50,000 or less; 20 percent variance from any assessment in
  325  excess of $50,000 but not in excess of $500,000; 17.5 percent
  326  variance from any assessment in excess of $500,000 but not in
  327  excess of $1 million; or 15 percent variance from any assessment
  328  in excess of $1 million.; or
  329         (c) There is an assertion by the property appraiser to the
  330  Department of Revenue that there exists a consistent and
  331  continuous violation of the intent of the law or administrative
  332  rules by the value adjustment board in its decisions. The
  333  property appraiser shall notify the department of those portions
  334  of the tax roll for which the assertion is made. The department
  335  shall thereupon notify the clerk of the board who shall, within
  336  15 days of the notification by the department, send the written
  337  decisions of the board to the department. Within 30 days of the
  338  receipt of the decisions by the department, the department shall
  339  notify the property appraiser of its decision relative to
  340  further judicial proceedings. If the department finds upon
  341  investigation that a consistent and continuous violation of the
  342  intent of the law or administrative rules by the board has
  343  occurred, it shall so inform the property appraiser, who may
  344  thereupon bring suit in circuit court against the value
  345  adjustment board for injunctive relief to prohibit continuation
  346  of the violation of the law or administrative rules and for a
  347  mandatory injunction to restore the tax roll to its just value
  348  in such amount as determined by judicial proceeding. However,
  349  when a final judicial decision is rendered as a result of an
  350  appeal filed pursuant to this paragraph which alters or changes
  351  an assessment of a parcel of property of any taxpayer not a
  352  party to such procedure, such taxpayer shall have 60 days from
  353  the date of the final judicial decision to file an action to
  354  contest such altered or changed assessment pursuant to s.
  355  194.171(1), and the provisions of s. 194.171(2) shall not bar
  356  such action.
  357         Section 9. Paragraph (a) of subsection (9) of section
  358  196.011, Florida Statutes, is amended to read:
  359         196.011 Annual application required for exemption.—
  360         (9)(a) A county may, at the request of the property
  361  appraiser and by a majority vote of its governing body, waive
  362  the requirement that an annual application or statement be made
  363  for exemption of property within the county after an initial
  364  application is made and the exemption granted. The waiver under
  365  this subsection of the annual application or statement
  366  requirement applies to all exemptions under this chapter except
  367  the exemption under s. 196.1995. Notwithstanding such waiver,
  368  refiling of an application or statement shall be required when
  369  any property granted an exemption is sold or otherwise disposed
  370  of, when the ownership changes in any manner, when the applicant
  371  for homestead exemption ceases to use the property as his or her
  372  homestead, or when the status of the owner changes so as to
  373  change the exempt status of the property. In its deliberations
  374  on whether to waive the annual application or statement
  375  requirement, the governing body shall consider the possibility
  376  of fraudulent exemption claims which may occur due to the waiver
  377  of the annual application requirement. The owner of any property
  378  granted an exemption who is not required to file an annual
  379  application or statement shall notify the property appraiser
  380  promptly whenever the use of the property or the status or
  381  condition of the owner changes so as to change the exempt status
  382  of the property. If any property owner fails to so notify the
  383  property appraiser and the property appraiser determines that
  384  for any year within the prior 10 years the owner was not
  385  entitled to receive such exemption, the owner of the property is
  386  subject to the taxes exempted as a result of such failure plus
  387  15 percent interest per annum and a penalty of 50 percent of the
  388  taxes exempted. However, if such exemption is granted as a
  389  result of an error by the property appraiser, including, but not
  390  limited to, a clerical mistake or an omission, the taxpayer need
  391  not pay the unpaid taxes, penalties, or interest. Except for
  392  homestead exemptions controlled by s. 196.161, the property
  393  appraiser making such determination shall record in the public
  394  records of the county a notice of tax lien against any property
  395  owned by that person or entity in the county, and such property
  396  must be identified in the notice of tax lien. Such property is
  397  subject to the payment of all taxes and penalties. Such lien
  398  when filed shall attach to any property, identified in the
  399  notice of tax lien, owned by the person who illegally or
  400  improperly received the exemption. If such person no longer owns
  401  property in that county but owns property in some other county
  402  or counties in the state, the property appraiser shall record a
  403  notice of tax lien in such other county or counties, identifying
  404  the property owned by such person or entity in such county or
  405  counties, and it shall become a lien against such property in
  406  such county or counties.
  407         Section 10. This act shall take effect January 1, 2024.