HB 0139A 2003
   
1 A bill to be entitled
2          An act relating to homestead exemption; amending s.
3    196.131, F.S.; providing a value-based sliding scale of
4    criminal penalties for claiming homestead exemption if the
5    funds for the homestead were unlawfully obtained from the
6    performance of a fraudulent act; providing for
7    construction of the act in pari materia with laws enacted
8    during the 2003 Regular Session of the Legislature;
9    providing an effective date.
10         
11          Be It Enacted by the Legislature of the State of Florida:
12         
13          Section 1. Section 196.131, Florida Statutes, is amended
14    to read:
15          196.131 Homestead exemptions; claims.--
16          (1) At the time each taxpayer files claim for homestead
17    exemption, the property appraiser shall deliver to the taxpayer
18    a receipt over his or her signature, or that of a duly
19    authorized deputy, which shall appropriately identify the
20    property covered in the application, shall bear date as of the
21    day such application is received by the property appraiser, and
22    shall include any serial number or other identifying data
23    desired by said property appraiser. The possession of such
24    receipt shall constitute conclusive proof of the timely filing
25    of such application.
26          (2) Any person who knowingly and willfully gives false
27    information for the purpose of claiming homestead exemption as
28    provided for in this chapter commitsis guilty ofa misdemeanor
29    of the first degree, punishable as provided in s. 775.082 or by
30    fine not exceeding $5,000, or both.
31          (3) Any person who knowingly and willfully claims
32    homestead exemption on a home which has been paid for, in part
33    or in whole, with funds which are unlawfully obtained through
34    the performance of a fraudulent act commits, if the assessed
35    value of the homestead is:
36          (a) At least $200,000 but less than $500,000, a felony of
37    the third degree;
38          (b) At least $500,000 but less than $1.5 million, a felony
39    of the second degree; or
40          (c) At least $1.5 million, a felony of the first degree,
41         
42          punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
43          Section 2. If any law amended by this act was also amended
44    by a law enacted at the 2003 Regular Session of the Legislature,
45    such laws shall be construed as if they had been enacted at the
46    same session of the Legislature, and full effect shall be given
47    to each if possible.
48          Section 3. This act shall take effect July 1, 2003.