House Bill 0291

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    Florida House of Representatives - 1999                 HB 291

        By Representative Villalobos






  1                      A bill to be entitled

  2         An act relating to homestead exemption;

  3         creating s. 196.075, F.S.; authorizing boards

  4         of county commissioners and municipal governing

  5         authorities to grant by ordinance an additional

  6         homestead exemption for persons 65 and older

  7         whose household income does not exceed a

  8         specified amount; providing definitions;

  9         providing requirements for such ordinances;

10         providing a contingent effective date.

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

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14         Section 1.  Section 196.075, Florida Statutes, is

15  created to read:

16         196.075  Additional homestead exemption for persons 65

17  and older.--

18         (1)  As used in this section:

19         (a)  "Household" means a person or group of persons

20  living together in a room or group of rooms as a housing unit,

21  but the term does not include persons boarding in or renting a

22  portion of the dwelling.

23         (b)  "Income" means the adjusted gross income, as

24  defined in s. 62 of the United States Internal Revenue Code,

25  of all members of a household.

26         (2)  Pursuant to s. 6(f), Art. VII of the State

27  Constitution, the board of county commissioners of any county

28  or the governing authority of any municipality may adopt an

29  ordinance to allow an additional homestead exemption of up to

30  $25,000 for any person who has the legal or equitable title to

31  real estate and maintains thereon the permanent residence of

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    Florida House of Representatives - 1999                 HB 291

    509-160-99






  1  the owner, who has attained age 65, and whose household income

  2  does not exceed $20,000.

  3         (3)  An ordinance granting additional homestead

  4  exemption as authorized by this section must meet the

  5  following requirements:

  6         (a)  It must be adopted pursuant to the procedures for

  7  adoption of a nonemergency ordinance specified in chapter 125

  8  by a board of county commissioners, or chapter 166 by a

  9  municipal governing authority.

10         (b)  It must specify that the exemption applies only to

11  taxes levied by the unit of government granting the exemption.

12         (c)  It must specify the amount of the exemption, which

13  shall not exceed $25,000.

14         (d)  It must provide for an annual adjustment on

15  January 1 of the income limitation specified in subsection (2)

16  by the percentage change in the Consumer Price Index for All

17  Urban Consumers, U.S. City Average, all items 1967=100, or

18  successor reports for the preceding calendar year as initially

19  reported by the United States Department of Labor, Bureau of

20  Labor Statistics.

21         (e)  It must require that a taxpayer claiming the

22  exemption annually submit to the property appraiser, not later

23  than March 1, a sworn statement of household income on a form

24  prescribed by the Department of Revenue. The department shall

25  require by rule that the filing of such statement be

26  accompanied by copies of federal income tax returns for the

27  prior year, wage and earnings statements (W-2 forms), and

28  other documents it deems necessary, for each member of the

29  household. The taxpayer's statement shall attest to the

30  accuracy of such copies.

31         (f)  It must take effect on January 1.

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    Florida House of Representatives - 1999                 HB 291

    509-160-99






  1         (4)  The board of county commissioners or municipal

  2  governing authority shall notify the property appraiser of the

  3  adoption of an ordinance under this section no later than

  4  December 1 of the year prior to the year the exemption will

  5  take effect. If the ordinance is repealed, the board of county

  6  commissioners or municipal governing authority shall notify

  7  the property appraiser no later than December 1 of the year

  8  prior to the year the exemption expires.

  9         Section 2.  This act shall take effect January 1, 2000,

10  if an amendment to the State Constitution which authorizes, or

11  removes impediment to, enactment by the Legislature of the

12  provisions of this act, is approved by the electors at the

13  general election held in November 1998.

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16                          HOUSE SUMMARY

17
      Authorizes boards of county commissioners and municipal
18    governing authorities to grant by ordinance an additional
      homestead exemption of up to $25,000 for persons 65 and
19    older whose household income does not exceed $20,000,
      adjusted annually for changes in the Consumer Price
20    Index. Takes effect contingent upon approval of a
      constitutional amendment authorizing such an exemption.
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