House Bill 0089

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    Florida House of Representatives - 1999                  HB 89

        By Representatives Wiles and Posey






  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 forest fire; providing procedures

  6         and requirements; providing for retroactive

  7         application and expiration; providing an

  8         effective date.

  9

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

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12         Section 1.  Refund of taxes upon destruction or damage

13  caused by forest fires.--

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

15  structure on land is destroyed or damaged due to a forest fire

16  so that such house or other residential building or structure

17  is not capable of being used and occupied, upon application

18  filed with the property appraiser, taxes may be partially

19  refunded in the following manner:

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

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

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

23  file such application before July 1 constitutes a waiver of

24  any claim for partial refund under this section.

25         (b)  The application must identify the property

26  destroyed or damaged by forest fire and specify the date the

27  destruction or damage occurred and the number of months of

28  loss of use and occupancy.

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

30  penalty of perjury.

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






    Florida House of Representatives - 1999                  HB 89

    589-117-99






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

  2  appraiser shall investigate the statements contained therein

  3  to determine whether the applicant is entitled to a partial

  4  refund under this section. If the property appraiser

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

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

  7  collector which contains:

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

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

10  number of months, the property appraiser shall consider each

11  30-day period as a month. Partial periods of 15 days or less

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

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

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

15  damage or destruction, as determined by the property

16  appraiser.

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

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

19  of use and occupancy bears to 12.

20         4.  The amount of refund in taxes.

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

22  property appraiser, the tax collector shall refund taxes on

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

24  refund shown by the property appraiser.

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

26  notify the board of county commissioners and the Department of

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

28  received a partial refund of taxes under this section.

29         (g)  As used in this section:

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

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

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






    Florida House of Representatives - 1999                  HB 89

    589-117-99






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

  2  period of 60 days or more.

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

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

  5  such as detached utility buildings, bulkheads, fences,

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

  7  property.

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

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

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

11  apply only to ad valorem taxes levied in 1998.

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14                          HOUSE SUMMARY

15
      Provides for a partial refund of ad valorem taxes levied
16    in 1998 on residential property destroyed or damaged by
      forest fire, based on the number of months the property
17    was not capable of use and occupancy.

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