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





                                                  SENATE AMENDMENT

    Bill No. SB 2454

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Burt moved the following substitute for amendment

12  (613386):

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14         Senate Amendment (with title amendment) 

15          Delete everything after the enacting clause

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17  and insert:

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

19  was entitled to and received a homestead exemption under

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

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

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

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

24  person for purposes of this distribution.

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

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

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

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

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

30  homestead classification for each eligible property and must

31  be in compatible electronic format. Distributions shall be

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                                                  SENATE AMENDMENT

    Bill No. SB 2454

    Amendment No.    





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

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

 3  letter stating that the distribution is being provided to

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

 5  the Florida Legislature.

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

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

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

 9  section 196.161, Florida Statutes.

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

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

12  property on which a homestead exemption exists and are listed

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

14  properties provided by the property appraiser under this

15  section shall receive the distribution provided by this

16  section for that property.

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

18  to receive a distribution, the department must withhold the

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

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

21  being withheld under this section for the purpose of paying

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

23  department shall apply the distribution amount withheld to the

24  delinquent child-support obligation and transmit the balance,

25  if any to the delinquent obligor.

26         (6)  The department shall offset any distribution

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

28  applicable law regarding debts or obligations owed to the

29  state.

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

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

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                                                  SENATE AMENDMENT

    Bill No. SB 2454

    Amendment No.    





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

 2  homestead tax exemptions. In the event these funds are

 3  insufficient to carry out the provisions of this act, the

 4  Administration Commission is authorized to transfer sufficient

 5  funds from the Working Capital Fund.

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

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

 8  fiscal year 1998-1999 to administer the distributions provided

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

10  vendors to carry out the distributions, notwithstanding the

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

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

13  this act.

14         Section 4.  Any action to challenge the validity or

15  constitutionality of the rebate provided for in this act must

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

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

18  is initiated, distribution of the rebate amounts under this

19  act shall be held in abeyance until a judicial determination

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

21  regarding the validity or constitutionality of this act has

22  expired.

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

24  law.

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

28  And the title is amended as follows:

29          Delete everything before the enacting clause

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31  and insert:

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                                                  SENATE AMENDMENT

    Bill No. SB 2454

    Amendment No.    





 1                      A bill to be entitled

 2         An act relating to homestead tax exemptions;

 3         providing for a distribution of money to

 4         specified persons who are entitled to an

 5         homestead tax exemption; providing

 6         appropriations; providing a time limit within

 7         which challenges to the rebate must be brought;

 8         providing an effective date.

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