Senate Bill sb2198

    Florida Senate - 2004                                  SB 2198

    By Senator Saunders





    37-1767-04                                           See HB 59

  1                      A bill to be entitled

  2         An act relating to homestead exemption;

  3         amending s. 196.131, F.S.; providing a

  4         value-based sliding scale of criminal penalties

  5         for claiming homestead exemption if the funds

  6         for the homestead were unlawfully obtained

  7         through the performance of a fraudulent act;

  8         providing an effective date.

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

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12         Section 1.  Section 196.131, Florida Statutes, is

13  amended to read:

14         196.131  Homestead exemptions; claims; receipt; false

15  information; use of funds from fraudulent acts; penalties.--

16         (1)  At the time each taxpayer files claim for

17  homestead exemption, the property appraiser shall deliver to

18  the taxpayer a receipt over his or her signature, or that of a

19  duly 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,

22  and 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 commits is guilty of a

29  misdemeanor of the first degree, punishable as provided in s.

30  775.082 or by fine not exceeding $5,000, or both.

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    Florida Senate - 2004                                  SB 2198
    37-1767-04                                           See HB 59




 1         (3)  Any person who knowingly and willfully claims

 2  homestead exemption on a home that has been paid for, in part

 3  or in whole, with funds that are unlawfully obtained through

 4  the performance of a fraudulent act commits, if the assessed

 5  value of the homestead is:

 6         (a)  At least $200,000 but less than $500,000, a felony

 7  of the third degree;

 8         (b)  At least $500,000 but less than $1.5 million, a

 9  felony of the second degree; or

10         (c)  At least $1.5 million, a felony of the first

11  degree,

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13  punishable as provided in s. 775.082, s. 775.083, or s.

14  775.084.

15         Section 2.  This act shall take effect July 1, 2004.

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