House Bill 0231e1

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







                                        CS/HB 231, First Engrossed



  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 and 1999 on residential property

  5         destroyed or damaged by forest fire or certain

  6         other natural disasters; providing procedures

  7         and requirements; providing for retroactive

  8         application and expiration; providing an

  9         effective date.

10

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

12

13         Section 1.  Refund of taxes upon destruction or damage

14  related to forest fires or tornadoes.--

15         (1)  If the destruction or damage of a house or other

16  residential building or structure on land is related to a

17  forest fire hurricane, tropical storm, sinkhole, or tornado,

18  and such house or other residential building or structure is

19  not capable of being used and occupied, upon application filed

20  with the property appraiser, taxes may be partially refunded

21  in the following manner:

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

23  property appraiser before August 15 of the year following the

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

25  to file such application before August 15 constitutes a waiver

26  of any claim for partial refund under this section.

27         (b)  The application must identify the property

28  destroyed or damaged and specify the date the destruction or

29  damage occurred and the number of months of loss of use and

30  occupancy.

31


                                  1

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






                                        CS/HB 231, First Engrossed



  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, 2000, 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:


                                  2

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






                                        CS/HB 231, First Engrossed



  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, 2000.

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 and 1999.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  3