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





                                                  SENATE AMENDMENT

    Bill No. SB 2454

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Burt moved the following amendment:

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13         Senate Amendment (with title amendment) 

14          Delete everything after the enacting clause

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16  and insert:

17         Section 1.  (1)  Each person who, as of June 30, 1998,

18  was entitled to and received a homestead exemption under

19  section 196.031, Florida Statutes, for tax year 1998, is

20  entitled to a distribution of $50 as set forth in this

21  section. If the homestead property is owned jointly by more

22  than one person, the joint owners shall be treated as one

23  person for purposes of this distribution.

24         (2)  By July 15, 1998, every property appraiser must

25  provide to the Department of Revenue a certified list of all

26  homestead property in his or her county as of June 30, 1998.

27  This list must include each owner's name, the address and

28  legal description of the property, and the code indicating the

29  homestead classification for each eligible property and must

30  be in compatible electronic format. Distributions shall be

31  sent to qualified persons as soon as practicable, but no later

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                                                  SENATE AMENDMENT

    Bill No. SB 2454

    Amendment No.    





 1  than October 1, 1998. Each check distributed shall include a

 2  letter stating that the distribution is being provided to

 3  homestead property owners by the Governor, the Cabinet, and

 4  the Florida Legislature.

 5         (3)  No person is entitled to a distribution with

 6  respect to property for which he or she received a homestead

 7  exemption improperly, as described in section 196.011(9) or

 8  section 196.161, Florida Statutes.

 9         (4)  Persons who, after January 1, 1998, but on or

10  before June 30, 1998, obtain legal or equitable title to real

11  property on which a homestead exemption exists and are listed

12  as owners of the property on the certified list of homestead

13  properties provided by the property appraiser under this

14  section shall receive the distribution provided by this

15  section for that property.

16         (5)  If a delinquent child-support obligor is entitled

17  to receive a distribution, the department must withhold the

18  amount of the delinquency from the rebate of that obligor. The

19  department shall notify the obligor that his or her rebate is

20  being withheld under this section for the purpose of paying

21  the obligor's delinquent child-support obligations. The

22  department shall apply the distribution amount withheld to the

23  delinquent child-support obligation and transmit the balance,

24  if any to the delinquent obligor.

25         (6)  The department shall offset any distribution

26  pursuant to section 213.25, Florida Statutes, and any other

27  applicable law regarding debts or obligations owed to the

28  state.

29         Section 2.  The sum of $184 million is appropriated

30  from the General Revenue Fund to the Department of Revenue for

31  fiscal year 1998-1999 for distribution to eligible holders of

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                                                  SENATE AMENDMENT

    Bill No. SB 2454

    Amendment No.    





 1  homestead tax exemptions.

 2         Section 3.  The sum of $1.8 million is appropriated

 3  from the General Revenue Fund to the Department of Revenue for

 4  fiscal year 1998-1999 to administer the distributions provided

 5  for in this act. The department may contract with private

 6  vendors to carry out the distributions, notwithstanding the

 7  requirements set out in chapter 287, Florida Statutes. The

 8  provisions of chapter 120, Florida Statutes, do not apply to

 9  this act.

10         Section 4.  Any action to challenge the validity or

11  constitutionality of the rebate provided for in this act must

12  be brought within 60 days after the effective date of this

13  act, or else the challenge is barred. If any such proceeding

14  is initiated, distribution of the rebate amounts under this

15  act shall be held in abeyance until a judicial determination

16  has become final and the time limit for any further proceeding

17  regarding the validity or constitutionality of this act has

18  expired.

19         Section 5.  This act shall take effect upon becoming a

20  law.

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23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25          Delete everything before the enacting clause

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27  and insert:

28                      A bill to be entitled

29         An act relating to homestead tax exemptions;

30         providing for a distribution of money to

31         specified persons who are entitled to an

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                                                  SENATE AMENDMENT

    Bill No. SB 2454

    Amendment No.    





 1         homestead tax exemption; providing

 2         appropriations; providing a time limit within

 3         which challenges to the rebate must be brought;

 4         providing an effective date.

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