Senate Bill 0384

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    Florida Senate - 1999                                   SB 384

    By Senators Gutman and Meek





    34-423A-99

  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; defining the terms

  9         "household" and "income"; providing

10         requirements for the ordinances; providing a

11         penalty; providing an effective date.

12

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

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15         Section 1.  Section 196.075, Florida Statutes, is

16  created to read:

17         196.075  Additional homestead exemption for persons 65

18  and older.--

19         (1)  As used in this section, the term:

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

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

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

23  portion of the dwelling. When the household includes a husband

24  and wife and they file a joint income tax return, their income

25  is the joint income as reported to the Internal Revenue

26  Service, if they file separate income tax returns, their

27  income is the total of the two separate returns.

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

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

30  of all members of a household.

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    Florida Senate - 1999                                   SB 384
    34-423A-99




  1         (2)  In accordance with s. 6(f), Art. VII of the State

  2  Constitution, the board of county commissioners of any county

  3  or the governing authority of any municipality may adopt an

  4  ordinance to allow an additional homestead exemption of up to

  5  $25,000 for any person who has the legal or equitable title to

  6  real estate and maintains thereon the permanent residence of

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

  8  does not exceed $20,000.

  9         (3)  Beginning January 1, 2001, the $20,000 income

10  limitation will be increased by the percentage change in the

11  Consumer Price Index for All Urban Consumers, U.S. City

12  Average, all items 1967=100, or successor reports for the

13  preceding calendar year as initially reported by the United

14  States Department of Labor, Bureau of Labor Statistics.

15         (4)  An ordinance granting additional homestead

16  exemption as authorized by this section must meet the

17  following requirements:

18         (a)  It must be adopted under the procedures for

19  adoption of a nonemergency ordinance specified in chapter 125

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

21  municipal governing authority.

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

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

24  Unless otherwise specified, this exemption will apply to all

25  tax levies of the county or municipality granting the

26  exemption.

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

28  may not exceed $25,000.

29         (d)  It must require that a taxpayer claiming the

30  exemption annually submit to the property appraiser, not later

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

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    Florida Senate - 1999                                   SB 384
    34-423A-99




  1  prescribed by the Department of Revenue. The property

  2  appraiser may not grant the exemption without the required

  3  documentation.

  4         (5)  The board of county commissioners or municipal

  5  governing authority must deliver a copy of any ordinance

  6  adopted under this section to the property appraiser no later

  7  than December 1 of the year prior to the year the exemption

  8  will take effect. If the ordinance is repealed, the board of

  9  county commissioners or municipal governing authority shall

10  notify the property appraiser no later than December 1 of the

11  year prior to the year the exemption expires.

12         (6)  It is a felony of the third degree, punishable as

13  provided in s. 775.082, s. 775.083, or 775.084, to file a

14  false statement of eligibility for an additional homestead

15  exemption under this section.

16         Section 2.  This act shall take effect July 1, 1999.

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19                          SENATE SUMMARY

20
      Authorizes boards of county commissioners and municipal
21    governing authorities to grant by ordinance an additional
      homestead exemption of up to $25,000 for persons 65 and
22    older whose household income does not exceed $20,000,
      adjusted annually for changes in the Consumer Price
23    Index.

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