HB 0059 2004
   
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 through
6    the performance of a fraudulent act; providing an
7    effective date.
8         
9          Be It Enacted by the Legislature of the State of Florida:
10         
11          Section 1. Section 196.131, Florida Statutes, is amended
12    to read:
13          196.131 Homestead exemptions; claims; receipt; false
14    information; use of funds from fraudulent acts; penalties.--
15          (1) At the time each taxpayer files claim for homestead
16    exemption, the property appraiser shall deliver to the taxpayer
17    a receipt over his or her signature, or that of a duly
18    authorized deputy, which shall appropriately identify the
19    property covered in the application, shall bear date as of the
20    day such application is received by the property appraiser, and
21    shall include any serial number or other identifying data
22    desired by said property appraiser. The possession of such
23    receipt shall constitute conclusive proof of the timely filing
24    of such application.
25          (2) Any person who knowingly and willfully gives false
26    information for the purpose of claiming homestead exemption as
27    provided for in this chapter commits is guilty ofa misdemeanor
28    of the first degree, punishable as provided in s. 775.082 or by
29    fine not exceeding $5,000, or both.
30          (3) Any person who knowingly and willfully claims
31    homestead exemption on a home which has been paid for, in part
32    or in whole, with funds which are unlawfully obtained through
33    the performance of a fraudulent act commits, if the assessed
34    value of the homestead is:
35          (a) At least $200,000 but less than $500,000, a felony of
36    the third degree;
37          (b) At least $500,000 but less than $1.5 million, a felony
38    of the second degree; or
39          (c) At least $1.5 million, a felony of the first degree,
40         
41          punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
42          Section 2. This act shall take effect July 1, 2004.