House Bill 0231

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







    Florida House of Representatives - 1999                 HB 231

        By Representative Johnson






  1                      A bill to be entitled

  2         An act relating to ad valorem taxation;

  3         providing for a partial refund of taxes levied

  4         in 1998 on residential property destroyed or

  5         damaged by hurricane, flood, windstorm, fire,

  6         or sinkhole; providing procedures and

  7         requirements; providing for retroactive

  8         application and expiration; providing an

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Refund of taxes upon destruction or damage

14  caused by hurricane, flood, windstorm, fire, or sinkhole.--

15         (1)  If a house or other residential building or

16  structure on land is destroyed or damaged due to a hurricane,

17  flood, windstorm, fire, or sinkhole so that such house or

18  other residential building or structure is not capable of

19  being used and occupied, upon application filed with the

20  property appraiser, taxes may be partially refunded in the

21  following manner:

22         (a)  Application must be filed by the owner with the

23  property appraiser before July 1 of the year following the tax

24  year in which the destruction or damage occurred. Failure to

25  file such application before July 1 constitutes a waiver of

26  any claim for partial refund under this section.

27         (b)  The application must identify the property

28  destroyed or damaged by the disaster and specify the date the

29  destruction or damage occurred and the number of months of

30  loss of use and occupancy.

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






    Florida House of Representatives - 1999                 HB 231

    717-101-99






  1         (c)  The application must be verified under oath under

  2  penalty of perjury.

  3         (d)  Upon receipt of the application, the property

  4  appraiser shall investigate the statements contained therein

  5  to determine whether the applicant is entitled to a partial

  6  refund under this section. If the property appraiser

  7  determines that the applicant is entitled to a partial refund,

  8  he or she shall issue an official written statement to the tax

  9  collector which contains:

10         1.  The number of months that the building or structure

11  was not capable of use and occupancy. In calculating the

12  number of months, the property appraiser shall consider each

13  30-day period as a month. Partial periods of 15 days or less

14  shall not be considered, but partial periods of 16 days to 29

15  days shall be calculated as a 30-day period.

16         2.  The value of the building or structure before the

17  damage or destruction, as determined by the property

18  appraiser.

19         3.  Total taxes due on the building or structure as

20  reduced, based on the ratio that the number of months of loss

21  of use and occupancy bears to 12.

22         4.  The amount of refund in taxes.

23         (e)  Upon receipt of the written statement from the

24  property appraiser, the tax collector shall refund taxes on

25  the property shown on the tax collection roll in the amount of

26  refund shown by the property appraiser.

27         (f) By September 1, 1999, the tax collector shall

28  notify the board of county commissioners and the Department of

29  Revenue of the total reduction in taxes for all property that

30  received a partial refund of taxes under this section.

31         (g)  As used in this section:

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






    Florida House of Representatives - 1999                 HB 231

    717-101-99






  1         1.  "Loss of use and occupancy" means that the building

  2  or structure, or some self-sufficient unit within it, cannot

  3  be used for the purpose for which it was constructed during a

  4  period of 60 days or more.

  5         2.  "House or other residential building or structure"

  6  does not include amenities not essential to use and occupancy,

  7  such as detached utility buildings, bulkheads, fences,

  8  detached carports, swimming pools, or other similar items or

  9  property.

10         (2)  This section expires October 1, 1999.

11         Section 2.  This act shall take effect upon becoming a

12  law, shall apply retroactively to January 1, 1998, and shall

13  apply only to ad valorem taxes levied in 1998.

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16                          HOUSE SUMMARY

17
      Provides for a partial refund of ad valorem taxes levied
18    in 1998 on residential property destroyed or damaged by
      hurricane, flood, windstorm, fire, or sinkhole, based on
19    the number of months the property was not capable of use
      and occupancy.
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