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





                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Carlton moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 1, line 13,

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16  insert:

17         Section 1.  Section 196.1975, Florida Statutes, is

18  amended to read:

19         196.1975  Exemption for property used by nonprofit

20  homes for the aged.--Nonprofit homes for the aged are exempt

21  to the extent that they meet the following criteria:

22         (1)  The applicant must be a corporation not for profit

23  pursuant to the provisions of chapter 617 or a Florida limited

24  partnership, the sole general partner of which is a

25  corporation not for profit pursuant to the provisions of

26  chapter 617, and the corporation not for profit must have been

27  exempt as of January 1 of the year for which exemption from ad

28  valorem property taxes is requested from federal income

29  taxation by having qualified as an exempt charitable

30  organization under the provisions of s. 501(c)(3) of the

31  Internal Revenue Code of 1954 or of the corresponding section

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                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No.    





 1  of a subsequently enacted federal revenue act.

 2         (2)  A facility will not qualify as a "home for the

 3  aged" unless at least 75 percent of the occupants are over the

 4  age of 62 years or totally and permanently disabled.  For

 5  homes for the aged which are exempt from paying income taxes

 6  to the United States as specified in subsection (1), licensing

 7  by the Agency for Health Care Administration is required for

 8  ad valorem tax exemption hereunder only if the home:

 9         (a)  Furnishes medical facilities or nursing services

10  to its residents, or

11         (b)  Qualifies as an assisted living facility under

12  part III of chapter 400.

13         (3)  Those portions of the home for the aged which are

14  devoted exclusively to the conduct of religious services or

15  the rendering of nursing or medical services are exempt from

16  ad valorem taxation.

17         (4)(a)  After removing the assessed value exempted in

18  subsection (3), units or apartments in homes for the aged

19  shall be exempt only to the extent that residency in the

20  existing unit or apartment of the applicant home is reserved

21  for or restricted to or occupied by persons who have resided

22  in the applicant home and in good faith made this state their

23  permanent residence as of January 1 of the year in which

24  exemption is claimed and who also meet the requirements set

25  forth in one of the following subparagraphs:

26         1.  Persons who have gross incomes of not more than

27  $7,200 per year and who are 62 years of age or older.

28         2.  Couples, one of whom must be 62 years of age or

29  older, having a combined gross income of not more than $8,000

30  per year, or the surviving spouse thereof, who lived with the

31  deceased at the time of the deceased's death in a home for the

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                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No.    





 1  aged.

 2         3.  Persons who are totally and permanently disabled

 3  and who have gross incomes of not more than $7,200 per year.

 4         4.  Couples, one or both of whom are totally and

 5  permanently disabled, having a combined gross income of not

 6  more than $8,000 per year, or the surviving spouse thereof,

 7  who lived with the deceased at the time of the deceased's

 8  death in a home for the aged.

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10  However, the income limitations do not apply to totally and

11  permanently disabled veterans, provided they meet the

12  requirements of s. 196.081.

13         (b)  The maximum income limitations permitted in this

14  subsection shall be adjusted, effective January 1, 1977, and

15  on each succeeding year, by the percentage change in the

16  average cost-of-living index in the period January 1 through

17  December 31 of the immediate prior year compared with the same

18  period for the year prior to that.  The index is the average

19  of the monthly consumer price index figures for the stated

20  12-month period, relative to the United States as a whole,

21  issued by the United States Department of Labor.

22         (5)  Nonprofit housing projects which are financed by a

23  mortgage loan made or insured by the United States Department

24  of Housing and Urban Development under s. 202, s. 202 with a

25  s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the National

26  Housing Act, as amended, and which are subject to the income

27  limitations established by that department shall be exempt

28  from ad valorem taxation.

29         (6)  For the purposes of this section, gross income

30  includes social security benefits payable to the person or

31  couple or assigned to an organization designated specifically

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                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No.    





 1  for the support or benefit of that person or couple.

 2         (7)  It is hereby declared to be the intent of the

 3  Legislature that subsection (3) implements the ad valorem tax

 4  exemption authorized in the third sentence of s. 3(a), Art.

 5  VII, State Constitution, and the remaining subsections

 6  implement s. 6(e), Art. VII, State Constitution, for purposes

 7  of granting such exemption to homes for the aged.

 8         (8)  Physical occupancy on January 1 is not required in

 9  those instances in which a home restricts occupancy to persons

10  meeting the income requirements specified in this section.

11  Those portions of a such property failing to meet those

12  requirements shall qualify for an alternative exemption as

13  provided in subsection (9). In a home in which at least 25

14  percent of the units or apartments of the home are restricted

15  to or occupied by persons meeting the income requirements

16  specified in this section, the common areas of that home are

17  exempt from taxation.

18         (9)(a)  Each unit or apartment of a home for the aged

19  not exempted in subsection (3) or subsection (4), which is

20  operated by a not for profit corporation and is owned by such

21  corporation or leased by such corporation from a health

22  facilities authority pursuant to part III of chapter 154 or an

23  industrial development authority pursuant to part III of

24  chapter 159, and which property is used by such home for the

25  aged for the purposes for which it was organized, is exempt

26  from all ad valorem taxation, except for assessments for

27  special benefits, to the extent of $25,000 of assessed

28  valuation of such property for each apartment or unit:

29         1.  Which is used by such home for the aged for the

30  purposes for which it was organized; and

31         2.  Which is occupied, on January 1 of the year in

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                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No.    





 1  which exemption from ad valorem property taxation is

 2  requested, by a person who resides therein and in good faith

 3  makes the same his or her permanent home.

 4         (b)  Each corporation home applying for an exemption

 5  under paragraph (a) of this subsection or paragraph (4)(a)

 6  must file with the annual application for exemption an

 7  affidavit from each person who occupies a unit or apartment

 8  for which an exemption under either of those paragraphs that

 9  paragraph is claimed stating that the person resides therein

10  and in good faith makes that unit or apartment his or her

11  permanent residence.

12         (10)  Homes for the aged, or life care communities,

13  however designated, which are financed through the sale of

14  health facilities authority bonds or bonds of any other public

15  entity, whether on a sale-leaseback basis, a sale-repurchase

16  basis, or other financing arrangement, or which are financed

17  without public-entity bonds, are exempt from ad valorem

18  taxation only in accordance with the provisions of this

19  section.

20         (11)  Any portion of such property used for nonexempt

21  purposes may be valued and placed upon the tax rolls

22  separately from any portion entitled to exemption pursuant to

23  this chapter.

24         (12)  When it becomes necessary for the property

25  appraiser to determine the value of a unit, he or she shall

26  include in such valuation the proportionate share of the

27  common areas, including the land, fairly attributable to such

28  unit, based upon the value of such unit in relation to all

29  other units in the home, unless the common areas are otherwise

30  exempted by subsection (8).

31         (13)  Sections 196.195 and 196.196 do not apply to this

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                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No.    





 1  section.

 2         Section 2.  Section 196.2002, Florida Statutes, is

 3  created to read:

 4         196.2002  Exemption for s. 501(c)(12) not-for-profit

 5  water and wastewater systems.--Property of any not-for-profit

 6  water and wastewater corporation that holds a current

 7  exemption from federal income tax under s. 501(c)(12) of the

 8  Internal Revenue Code, as amended, shall be exempt from ad

 9  valorem taxation if the sole or primary function of the

10  corporation is to construct, maintain, or operate a water or

11  wastewater system in this state.

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13  (Redesignate subsequent sections.)

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16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page 1, line 2, after the semicolon

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20  insert:

21         amending s. 196.1975, F.S., which provides

22         exemptions for nonprofit homes for the aged;

23         specifying that the exemption applicable to

24         such homes whose residents meet certain income

25         limitations applies to individual units or

26         apartments of such homes; providing for

27         application of a residency affidavit

28         requirement to applicants for such exemption;

29         revising language with respect to qualification

30         for the alternative exemption provided by said

31         section for those portions of a home which do

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                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No.    





 1         not meet the income limitations; providing that

 2         s. 196.195, F.S., which provides requirements

 3         and criteria for determining the profit or

 4         nonprofit status of an applicant for exemption,

 5         and s. 196.196, F.S., which provides criteria

 6         for determining whether property is entitled to

 7         a charitable, religious, scientific, or

 8         literary exemption, do not apply to said

 9         section; creating s. 196.2002, F.S.; exempting

10         certain not-for-profit water and wastewater

11         systems from ad valorem taxation;

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