Florida Senate - 2012 SB 1058 By Senator Norman 12-00284A-12 20121058__ 1 A bill to be entitled 2 An act relating to homestead property tax exemptions; 3 providing a short title; amending s. 196.081, F.S.; 4 requiring the surviving spouse of a military veteran 5 who dies from service-connected causes while on active 6 duty to be a permanent resident of this state on a 7 specified date in order for the surviving spouse’s 8 homestead to be exempt from taxation; providing 9 definitions; exempting from taxation the homestead 10 property of a surviving spouse of a first responder 11 who dies in the line of duty under certain 12 circumstances; providing construction, including 13 application with respect to certain deaths preceding 14 the effective date of the act; providing a contingent 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. This act may be cited as the “Fallen Heroes 20 Family Tax Relief Act.” 21 Section 2. Section 196.081, Florida Statutes, is amended to 22 read: 23 196.081 Exemption for certain permanently and totally 24 disabled veterans and for surviving spouses of veterans; 25 exemption for surviving spouses of first responders who die in 26 the line of duty.— 27 (1) Any real estate that is owned and used as a homestead 28 by a veteran who was honorably discharged with a service 29 connected total and permanent disability and for whom a letter 30 from the United States Government or United States Department of 31 Veterans Affairs or its predecessor has been issued certifying 32 that the veteran is totally and permanently disabled is exempt 33 from taxation, if the veteran is a permanent resident of this 34 state on January 1 of the tax year for which exemption is being 35 claimed or was a permanent resident of this state on January 1 36 of the year the veteran died. 37 (2) The production by a veteran or the spouse or surviving 38 spouse of a letter of total and permanent disability from the 39 United States Government or United States Department of Veterans 40 Affairs or its predecessor before the property appraiser of the 41 county in which property of the veteran lies is prima facie 42 evidence of the fact that the veteran or the surviving spouse is 43 entitled to the exemption. 44 (3) If the totally and permanently disabled veteran 45 predeceases his or her spouse and if, upon the death of the 46 veteran, the spouse holds the legal or beneficial title to the 47 homestead and permanently resides thereon as specified in s. 48 196.031, the exemption from taxation carries over to the benefit 49 of the veteran’s spouse until such time as he or she remarries 50 or sells or otherwise disposes of the property. If the spouse 51 sells the property, an exemption not to exceed the amount 52 granted from the most recent ad valorem tax roll may be 53 transferred to his or her new residence, as long as it is used 54 as his or her primary residence and he or she does not remarry. 55 (4)(a) Any real estate that is owned and used as a 56 homestead by the surviving spouse of a veteran who died from 57 service-connected causes while on active duty as a member of the 58 United States Armed Forces and for whom a letter from the United 59 States Government or United States Department of Veterans 60 Affairs or its predecessor has been issued certifying that the 61 veteran who died from service-connected causes while on active 62 duty is exempt from taxation if the veteran and his or her 63 surviving spouse werewas apermanent residentsresidentof this 64 state on January 1 of the year in which the veteran died. 65 (b) The production by the surviving spouse of a letter that 66 was issued as required under paragraph (a) and that attests the 67 veteran’s death while on active duty is prima facie evidence of 68 the fact that the surviving spouse is entitled to an exemption 69 under paragraph (a). 70 (c) The tax exemption that applies under paragraph (a) to 71 the surviving spouse carries over to the benefit of the 72 veteran’s surviving spouse as long as the spouse holds the legal 73 or beneficial title to the homestead, permanently resides 74 thereon as specified in s. 196.031, and does not remarry. If the 75 surviving spouse sells the property, an exemption not to exceed 76 the amount granted from the most recent ad valorem tax roll may 77 be transferred to his or her new residence as long as it is used 78 as his or her primary residence and he or she does not remarry. 79 (5)(a) As used in this subsection, the term: 80 1. “First responder” means a law enforcement officer or 81 correctional officer as defined in s. 943.10, a firefighter as 82 defined in s. 633.30, or an emergency medical technician or 83 paramedic as defined in s. 401.23 who is a full-time paid 84 employee, part-time paid employee, or unpaid volunteer. 85 2. “In the line of duty” means: 86 a. While engaging in law enforcement; 87 b. While performing an activity relating to fire 88 suppression and prevention; 89 c. While responding to a hazardous material emergency; 90 d. While performing rescue activity; 91 e. While providing emergency medical services; 92 f. While performing disaster relief activity; 93 g. While otherwise engaging in emergency response activity; 94 or 95 h. While engaging in a training exercise related to any of 96 the events or activities enumerated in this subparagraph if the 97 training has been authorized by the employing entity. 98 99 A heart attack or stroke that causes death or causes an injury 100 resulting in death must occur within 24 hours after an event or 101 activity enumerated in this subparagraph and must be directly 102 and proximately caused by the event or activity in order to be 103 considered as having occurred in the line of duty. 104 (b) Any real estate that is owned and used as a homestead 105 by the surviving spouse of a first responder who died in the 106 line of duty while employed by the state or any political 107 subdivision of the state, including authorities and special 108 districts, and for whom a letter from the state or appropriate 109 political subdivision of the state or other authority or special 110 district has been issued legally recognizing and certifying that 111 the individual died in the line of duty while employed as a 112 first responder is exempt from taxation if the individual and 113 his or her surviving spouse were permanent residents of this 114 state on January 1 of the year in which the individual died. 115 (c) The production by the surviving spouse of a letter that 116 was issued as required under paragraph (b) and that attests the 117 individual’s death in the line of duty is prima facie evidence 118 of the fact that the surviving spouse is entitled to an 119 exemption under paragraph (b). 120 (d) The tax exemption that applies under paragraph (b) to 121 the surviving spouse carries over to the benefit of the 122 individual’s surviving spouse as long as the spouse holds the 123 legal or beneficial title to the homestead, permanently resides 124 thereon as specified in s. 196.031, and does not remarry. If the 125 surviving spouse sells the property, an exemption not to exceed 126 the amount granted from the most recent ad valorem tax roll may 127 be transferred to his or her new residence as long as it is used 128 as his or her primary residence and he or she does not remarry. 129 Section 3. Construction.— 130 (1) The revisions to section 196.081, Florida Statutes, 131 under this act operate prospectively to tax rolls submitted to 132 the Department of Revenue by each county tax collector beginning 133 January 2013 and each January thereafter and do not provide a 134 basis for relief from or assessment of taxes not paid or for 135 determining any denial of or a right to a refund of taxes paid 136 before the effective date of this act. 137 (2) The revisions to paragraph (a) of subsection (4) of 138 section 196.081, Florida Statutes, under this act apply to the 139 homestead exemptions of surviving spouses of veterans whose 140 deaths occur after the effective date of this act and do not 141 affect the homestead exemptions of surviving spouses of veterans 142 whose deaths occurred before the effective date of this act. 143 (3) The provisions of subsection (5) of section 196.081, 144 Florida Statutes, created under this act apply to the homestead 145 exemptions of surviving spouses of first responders whose deaths 146 occur before, on, or after the effective date of this act. 147 Section 4. This act shall take effect upon the approval of 148 Senate Joint Resolution ___, or a similar joint resolution 149 having substantially the same specific intent and purpose, at 150 the general election to be held in November 2012 or at an 151 earlier special election specifically authorized by law for that 152 purpose.