House Bill 0231e2

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







                                       CS/HB 231, Second 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, hurricane,

  6         tropical storm, sinkhole, or tornado; providing

  7         procedures and requirements; providing for

  8         retroactive application and expiration;

  9         providing an 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  related to forest fires, hurricanes, tropical storms,

15  sinkholes, or tornadoes.--

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

17  residential building or structure on land occurred before May

18  1, 1999, and is related to a forest fire, hurricane, tropical

19  storm, sinkhole, or tornado, and such house or other

20  residential building or structure is not capable of being used

21  and occupied, upon application filed with the property

22  appraiser, taxes may be partially refunded in the following

23  manner:

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

25  property appraiser before August 15, 1999, for destruction or

26  damage occurring in 1998, and before June 1, 2000, for

27  destruction or damage occurring between January 1, 1999, and

28  April 30, 1999. Failure to file such application before the

29  date specified in this paragraph constitutes a waiver of any

30  claim for partial refund under this section.

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






                                       CS/HB 231, Second Engrossed



  1         (b)  The application must identify the property

  2  destroyed or damaged and specify the date the destruction or

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

  4  occupancy.

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

  6  penalty of perjury.

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

  8  appraiser shall investigate the statements contained therein

  9  to determine whether the applicant is entitled to a partial

10  refund under this section. If the property appraiser

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

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

13  collector which contains:

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

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

16  number of months, the property appraiser shall consider each

17  30-day period as a month. Partial periods of 15 days or less

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

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

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

21  damage or destruction, as determined by the property

22  appraiser.

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

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

25  of use and occupancy bears to 12.

26         4.  The amount of refund in taxes.

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

28  property appraiser, the tax collector shall refund taxes on

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

30  refund shown by the property appraiser.

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






                                       CS/HB 231, Second Engrossed



  1         (f) By September 1 the tax collector shall notify the

  2  board of county commissioners and the Department of Revenue of

  3  the total reduction in taxes for all property that received a

  4  partial refund of taxes under this section for the preceding

  5  tax year.

  6         (g)  As used in this section:

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

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

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

10  period of 60 days or more.

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

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

13  such as detached utility buildings, bulkheads, fences,

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

15  property.

16         (2)  This section expires October 1, 2000.

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

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

19  apply only to ad valorem taxes levied in 1998 and 1999.

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