Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 764
       
       
       
       
       
       
                                Ì451138)Î451138                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2017           .                                
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       The Committee on Governmental Oversight and Accountability
       (Baxley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (1) of section
    6  196.011, Florida Statutes, is amended to read:
    7         196.011 Annual application required for exemption.—
    8         (1)
    9         (b) The form to apply for an exemption under s. 196.031, s.
   10  196.081, s. 196.091, s. 196.101, 196.102, s. 196.173, or s.
   11  196.202 must include a space for the applicant to list the
   12  social security number of the applicant and of the applicant’s
   13  spouse, if any. If an applicant files a timely and otherwise
   14  complete application, and omits the required social security
   15  numbers, the application is incomplete. In that event, the
   16  property appraiser shall contact the applicant, who may refile a
   17  complete application by April 1. Failure to file a complete
   18  application by that date constitutes a waiver of the exemption
   19  privilege for that year, except as provided in subsection (7) or
   20  subsection (8).
   21         Section 2. Section 196.102, Florida Statutes, is created to
   22  read:
   23         196.102 Exemption for certain totally and permanently
   24  disabled first responders and their surviving spouses.—
   25         (1)As used in this section, and not applicable to the
   26  payment of benefits under s. 112.19 or s. 112.191, the term:
   27         (a)“Disabled” means a physical or cognitive impairment
   28  that constitutes or results in a substantial impediment to
   29  employment as a first responder. The term does not include a
   30  chronic condition or chronic disease, unless the injury
   31  sustained in the line of duty was the sole cause of the chronic
   32  condition or chronic disease.
   33         (b)“First responder” means a law enforcement officer or
   34  correctional officer as defined in s. 943.10, a firefighter as
   35  defined in s. 633.102, or an emergency medical technician or
   36  paramedic as defined in s. 401.23 who is a full-time paid
   37  employee, part-time paid employee, or unpaid volunteer.
   38         (c)“Cardiac event” means a heart attack, stroke or
   39  vascular rupture.
   40         (d)“In the line of duty” means:
   41         1.While engaging in activities within the course and scope
   42  of employment as a first responder;
   43         2.While performing an activity relating to fire
   44  suppression and prevention;
   45         3.While responding to a hazardous material emergency;
   46         4.While performing rescue activity;
   47         5.While providing emergency medical services;
   48         6.While performing disaster relief activity;
   49         7.While otherwise engaging in emergency response activity;
   50  or
   51         8.While engaging in a training exercise related to any of
   52  the events or activities enumerated in this paragraph if the
   53  training has been authorized by the employing entity.
   54         (2)Any real estate that is owned and used as a homestead
   55  by a person who is totally and permanently disabled as a result
   56  of an injury or injuries sustained in the line of duty while
   57  serving as a first responder is exempt from taxation if the
   58  first responder is a permanent resident of this state on January
   59  1 of the tax year for which the exemption is being claimed. (3)
   60  The following documents, if provided Certification to the
   61  property appraiser of the county where the property is located,
   62  serve as prima facie evidence that the first responder is
   63  entitled to the exemption:
   64         (a)A certificate of total and permanent disability, in the
   65  form set forth in subsection (7), from two licensed physicians
   66  of this state who are professionally unrelated, attesting to the
   67  applicant’s total and permanent disability.
   68         (b)A certificate from the organization that employed the
   69  first responder at the time that the injury or injuries
   70  occurred. The employer certificate must contain, at a minimum,
   71  the information identified in subsection (8). The employer
   72  certificate shall be supplemented with extant documentation of
   73  the incident or event that caused the injury, such as an
   74  accident or incident report. The first responder may deliver the
   75  original employer certificate to the property appraiser’s office
   76  or the first responder’s employer may directly transmit the
   77  employer certificate to the applicable property appraiser.
   78  
   79  Total and permanent disability that results from a cardiac event
   80  does not qualify for the exemption provided in this section
   81  unless the cardiac event occurs no later than 24 hours after the
   82  first responder performed non-routine stressful or strenuous
   83  physical activity in the line of duty and the first responder
   84  provides the employer with competent medical evidence showing
   85  that:
   86         1. The non-routine stressful or strenuous activity directly
   87  and proximately caused the cardiac event that gave rise to the
   88  first responder’s total and permanent disability; and
   89         2. The cardiac event was not caused by pre-existing
   90  vascular disease.
   91         (4)(a)Any real estate owned and used as a homestead by the
   92  surviving spouse of a first responder who dies but who had been
   93  receiving a tax exemption under subsection (2), is exempt from
   94  taxation.
   95         (b)The tax exemption provided in paragraph (a) applies as
   96  long as the surviving spouse holds the legal or beneficial title
   97  to the homestead, permanently resides thereon as specified in s.
   98  196.031, and does not remarry. If the surviving spouse sells the
   99  property, an exemption not to exceed the amount granted under
  100  the most recent ad valorem tax roll may be transferred to the
  101  new residence if it is used as the surviving spouse’s primary
  102  residence and he or she does not remarry.
  103         (5)A first responder may apply for the exemption before
  104  producing the necessary documentation described in paragraphs
  105  (3)(a) or (b). Upon receipt of the documentation, the exemption
  106  shall be granted as of the date of the original application and
  107  the excess taxes paid shall be refunded. Any refund of excess
  108  taxes paid shall be limited to those paid during the 4-year
  109  period of limitation set forth in s. 197.182(1)(e).
  110         (6)The provisions of s. 196.011(9) waiving the requirement
  111  that an annual application be submitted to the property
  112  appraiser and providing lien authority are applicable to
  113  applications submitted pursuant to this section.
  114         (7)The physician’s certification shall read as follows:
  115  
  116                    PHYSICIAN’S CERTIFICATION OF                   
  117                   TOTAL AND PERMANENT DISABILITY                  
  118  
  119  I, (name of physician), a physician licensed pursuant to chapter
  120  458 or chapter 459, Florida Statutes, hereby certify that Mr.___
  121  Mrs.___ Miss___ Ms.___ (applicant name and social security
  122  number), is totally and permanently disabled, due to the
  123  following mental or physical condition(s):
  124  
  125  It is my professional belief that the above-named condition(s)
  126  render Mr.___ Mrs.___ Miss___ Ms.___ (applicant name) totally
  127  and permanently disabled, and that the foregoing statements are
  128  true, correct, and complete to the best of my knowledge and
  129  professional belief.
  130  
  131  Signature________________
  132  Address (print) _________
  133  Date_____________________
  134  Florida Board of Medicine or Osteopathic Medicine license number
  135  Issued on ____________________.
  136         (8)An employer for whom the first responder worked at the
  137  time of the injury must provide a certificate that, at a
  138  minimum, attests and includes:
  139         (a)The title of the person signing the certificate.
  140         (b)The name and address of the employing entity.
  141         (c)A description of the incident which caused the injury
  142  or injuries.
  143         (d)A statement that the first responder’s injury or
  144  injuries were:
  145         1.Directly and proximately caused by service in the line
  146  of duty.
  147         2.Without willful negligence on the part of the first
  148  responder.
  149         3.The sole cause of the first responder’s total and
  150  permanent disability.
  151         (9)Any person who knowingly or willfully gives false
  152  information for the purpose of claiming homestead exemption as
  153  set forth in this section is guilty of a misdemeanor of the
  154  first degree, punishable as provided in s. 775.082 or by fine of
  155  not more than $5,000, or both.
  156         (10)The Department of Revenue may, and all conditions are
  157  deemed to be met to, adopt emergency rules pursuant to ss.
  158  120.536(1) and 120.54 to administer the application process for
  159  the 2017 calendar year. This subsection is repealed on August
  160  30, 2018.
  161         (11)The Department of Revenue may adopt rules to
  162  administer this section.
  163         (12)Notwithstanding the provisions of ss. 196.011 and
  164  196.102 the deadline for a first responder to file an
  165  application with the property appraiser for an exemption under
  166  s. 196.102 for the 2017 tax year is August 1, 2017. The property
  167  appraiser may grant an application for an exemption that is
  168  filed untimely if:
  169         (a)The applicant is qualified for the exemption; and
  170         (b)The applicant produces sufficient evidence, as
  171  determined by the property appraiser, which demonstrates that
  172  the applicant was unable to apply for the exemption in a timely
  173  manner or otherwise demonstrates extenuating circumstances that
  174  warrant granting the exemption.
  175         (13)If the property appraiser denies an application under
  176  subsection (12), the deadline to serve notice setting forth the
  177  grounds for denial as provided in s. 196.011(6)(a) is extended
  178  to 30 days after the date on which the application for exemption
  179  is submitted. A denied applicant may file a petition with the
  180  value adjustment board as set forth in s. 194.011(3). The
  181  petition must be filed on or before the 25th day after the
  182  mailing by the property appraiser during the 2017 calendar year
  183  of the notice required under s. 194.011(1). Notwithstanding s.
  184  194.013, the eligible first responder is not required to pay a
  185  filing fee for such petition. Upon review of the petition, the
  186  value adjustment board shall grant the exemption if it
  187  determines the applicant is qualified and has demonstrated the
  188  existence of extenuating circumstances warranting the exemption.
  189         Section 3. This act operates prospectively to the 2017 tax
  190  roll and does not provide a basis for relief from an assessment
  191  of taxes not paid or create a right to a refund of taxes paid
  192  before January 1, 2017.
  193         Section 4. This act shall take effect upon becoming a law.
  194  
  195  ================= T I T L E  A M E N D M E N T ================
  196  And the title is amended as follows:
  197         Delete everything before the enacting clause
  198  and insert:
  199                        A bill to be entitled                      
  200         An act relating to ad valorem taxation; amending s.
  201         196.011, F.S.; specifying the information to be
  202         included in an application for certain tax exemptions;
  203         creating s. 196.102, F.S.; providing definitions;
  204         providing an exemption from ad valorem taxation for
  205         certain first responders under specified conditions;
  206         providing an exemption from ad valorem taxation for
  207         certain surviving spouses of first responders who have
  208         died; specifying the documentation required to receive
  209         the exemption; granting rulemaking authority;
  210         specifying procedures for receiving a tax exemption
  211         for 2017;specifying procedures for denials of tax
  212         exemptions; providing applicability; providing an
  213         effective date.