House Bill 0453

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    Florida House of Representatives - 2000                 HB 453

        By Representative Peaden






  1                      A bill to be entitled

  2         An act relating to the Homestead Property Tax

  3         Deferral Act; amending ss. 197.252 and 197.263,

  4         F.S.; providing that a person who has attained

  5         age 65 and who has been entitled to homestead

  6         exemption on his or her homestead for 25 years

  7         may defer the ad valorem taxes and non-ad

  8         valorem assessments on the homestead under said

  9         act in their entirety; providing that the

10         limitation on the amount of taxes and

11         assessments that may be deferred does not apply

12         to such persons; amending s. 197.254, F.S.;

13         revising the annual notice to taxpayers to

14         conform; reenacting s. 197.301, F.S., which

15         provides penalties for filing incorrect

16         information, to incorporate the amendment to s.

17         197.252, F.S., in a reference thereto;

18         providing an effective date.

19

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

21

22         Section 1.  Section 197.252, Florida Statutes, is

23  amended to read:

24         197.252  Homestead tax deferral.--

25         (1)  Any person who is entitled to claim homestead tax

26  exemption under the provisions of s. 196.031(1) may elect to

27  defer payment of a portion of the combined total of the ad

28  valorem taxes and any non-ad valorem assessments which would

29  be covered by a tax certificate sold under this chapter levied

30  on that person's homestead by filing an annual application for

31  tax deferral with the county tax collector on or before

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    Florida House of Representatives - 2000                 HB 453

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  1  January 31 following the year in which the taxes and non-ad

  2  valorem assessments are assessed.  Any applicant who is

  3  entitled to receive the homestead tax exemption but has waived

  4  it for any reason shall furnish, with the application for tax

  5  deferral, a certificate of eligibility to receive the

  6  exemption.  Such certificate shall be prepared by the county

  7  property appraiser upon request of the taxpayer.  It shall be

  8  the burden of each applicant to affirmatively demonstrate

  9  compliance with the requirements of this section.

10         (2)(a)  Approval of an application for tax deferral

11  shall defer that portion of the combined total of ad valorem

12  taxes and any non-ad valorem assessments which would be

13  covered by a tax certificate sold under this chapter otherwise

14  due and payable on the applicant's homestead pursuant to s.

15  197.333 which exceeds 5 percent of the applicant's household's

16  income for the prior calendar year.  If any such applicant's

17  household income for the prior calendar year is less than

18  $10,000, approval of such application shall defer such ad

19  valorem taxes plus non-ad valorem assessments in their

20  entirety.

21         (b)1.  In the event the applicant is entitled to claim

22  the increased exemption by reason of age and residency as

23  provided in s. 196.031(3)(a), approval of such application

24  shall defer that portion of such ad valorem taxes plus non-ad

25  valorem assessments which exceeds 3 percent of the applicant's

26  household's income for the prior calendar year.  If any such

27  applicant's household income for the prior calendar year is

28  less than $10,000, or is less than $12,000 if such applicant

29  is 70 years of age or older, approval of such application

30  shall defer such ad valorem taxes plus non-ad valorem

31  assessments in their entirety.

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  1         2.  If the applicant is entitled to claim the increased

  2  exemption by reason of age and residency as provided in s.

  3  196.031(3)(a) and has been entitled to claim homestead

  4  exemption under s. 196.031 on the same homestead for the

  5  preceding 25 years, approval of such application shall defer

  6  such ad valorem taxes plus non-ad valorem assessments in their

  7  entirety.

  8         (c)  The household income of an applicant who applies

  9  for a tax deferral before the end of the calendar year in

10  which the taxes and non-ad valorem assessments are assessed

11  shall be for the current year, adjusted to reflect estimated

12  income for the full calendar year period. The estimate of a

13  full year's household income shall be made by multiplying the

14  household income received to the date of application by a

15  fraction, the numerator being 365 and the denominator being

16  the number of days expired in the calendar year to the date of

17  application.

18         (3)  No tax deferral shall be granted:

19         (a)  If the total amount of deferred taxes, non-ad

20  valorem assessments, and interest plus the total amount of all

21  other unsatisfied liens on the homestead exceeds 85 percent of

22  the assessed value of the homestead; however, this paragraph

23  does not apply to applicants qualified under subparagraph

24  (2)(b)2., or

25         (b)  If the primary mortgage financing on the homestead

26  is for an amount which exceeds 70 percent of the assessed

27  value of the homestead.

28         (4)  The amount of taxes, non-ad valorem assessments,

29  and interest deferred pursuant to this act shall accrue

30  interest at a rate equal to the semiannually compounded rate

31  of one-half of 1 percent plus the average yield to maturity of

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  1  the long-term fixed-income portion of the Florida Retirement

  2  System investments as of the end of the quarter preceding the

  3  date of the sale of the deferred payment tax certificates;

  4  however, the interest rate may not exceed 9.5 percent.

  5         (5)  The taxes, non-ad valorem assessments, and

  6  interest deferred pursuant to this act shall constitute a

  7  prior lien and shall attach as of the date and in the same

  8  manner and be collected as other liens for taxes, as provided

  9  for under this chapter, but such deferred taxes, non-ad

10  valorem assessments, and interest shall only be due, payable,

11  and delinquent as provided in this act.

12         Section 2.  Subsection (1) of section 197.254, Florida

13  Statutes, is amended to read:

14         197.254  Annual notification to taxpayer.--

15         (1)  The tax collector shall notify the taxpayer of

16  each parcel appearing on the real property assessment roll of

17  the right to defer payment of taxes and non-ad valorem

18  assessments pursuant to ss. 197.242-197.312.  Such notice

19  shall be printed on the back of envelopes used for mailing the

20  notice of taxes provided for by s. 197.322(3).  Such notice of

21  the right to defer payment of taxes and non-ad valorem

22  assessments shall read:

23

24                   NOTICE TO TAXPAYERS ENTITLED

25                      TO HOMESTEAD EXEMPTION

26

27  "If your income is low enough to meet certain conditions, or

28  if you are at least 65 years of age and have been entitled to

29  homestead exemption on your homestead for the last 25 years,

30  you may qualify for a deferred tax payment plan on homestead

31

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  1  property.  An application to determine eligibility is

  2  available in the county tax collector's office."

  3         Section 3.  Subsection (4) of section 197.263, Florida

  4  Statutes, is amended to read:

  5         197.263  Change in ownership or use of property.--

  6         (4)  During any year in which the total amount of

  7  deferred taxes, interest, and all other unsatisfied liens on

  8  the homestead exceeds 85 percent of the assessed value of the

  9  homestead, the tax collector shall immediately notify the

10  owner of the property on which taxes and interest have been

11  deferred that the portion of taxes and interest which exceeds

12  85 percent of the assessed value of the homestead shall be due

13  and payable within 30 days of receipt of the notice.  Failure

14  to pay the amount due shall cause the total amount of deferred

15  taxes and interest to become delinquent. This subsection does

16  not apply if the owner is entitled to tax deferral under s.

17  197.252(2)(b)2.

18         Section 4.  For the purpose of incorporating the

19  amendment to section 197.252, Florida Statutes, in a reference

20  thereto, section 197.301, Florida Statutes, is reenacted to

21  read:

22         197.301  Penalties.--

23         (1)  The following penalties shall be imposed on any

24  person who willfully files information required under s.

25  197.252 or s. 197.263 which is incorrect:

26         (a)  Such person shall pay the total amount of taxes

27  and interest deferred, which amount shall immediately become

28  due;

29         (b)  Such person shall be disqualified from filing a

30  homestead tax deferral application for the next 3 years; and

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    Florida House of Representatives - 2000                 HB 453

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  1         (c)  Such person shall pay a penalty of 25 percent of

  2  the total amount of taxes and interest deferred.

  3         (2)  Any person against whom the penalties prescribed

  4  in this section have been imposed may appeal the penalties

  5  imposed to the value adjustment board within 30 days after

  6  said penalties are imposed.

  7         Section 5.  This act shall take effect upon becoming a

  8  law.

  9

10            *****************************************

11                          HOUSE SUMMARY

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      Provides that a person who has attained age 65 and who
13    has been entitled to homestead exemption on his or her
      homestead for 25 years may defer the ad valorem taxes and
14    non-ad valorem assessments on the homestead under the
      Homestead Property Tax Deferral Act in their entirety.
15    Specifies that provisions of the act which limit the
      deferred amount, plus all other unsatisfied liens, to 85
16    percent of the assessed value of the homestead, do not
      apply to such persons.
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