HB 0029A

1
A bill to be entitled
2An act relating to partial ad valorem tax abatement;
3providing for partial abatement of taxes on residential
4property rendered uninhabitable by a named tropical
5system; providing application requirements; providing
6procedures; providing duties of property appraisers in
7determining uninhabitability; requiring the property
8appraiser to issue a statement to the tax collector
9specifying certain information under certain
10circumstances; providing duties of tax collectors;
11providing definitions; requiring the Legislature to
12appropriate sufficient amounts to counties and
13municipalities to hold them harmless from reductions in ad
14valorem taxes; providing for future repeal; providing for
15retroactive operation; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Abatement of taxes upon uninhabitability caused
20by a named tropical system.--
21     (1)  If a house or other residential building or structure
22on land is rendered uninhabitable due to a named tropical
23system, upon application filed with the property appraiser,
24taxes may be partially abated in the following manner:
25     (a)  Application must be filed by the owner with the
26property appraiser before March 1 following the tax year in
27which the residential building or structure became uninhabitable
28due to a named tropical system. Failure to file such application
29before March 1 constitutes a waiver of any claim for partial
30abatement under this section.
31     (b)  The application must identify the property rendered
32uninhabitable by a named tropical system and specify the date
33the uninhabitability occurred and the number of months of lost
34occupancy.
35     (c)  The application must be accompanied by a certificate
36of condemnation issued by the county or municipality in which
37the structure is located and must be verified under oath under
38penalty of perjury.
39     (d)  Upon receipt of the application, the property
40appraiser shall investigate the statements contained in the
41application to determine whether the applicant is entitled to a
42partial abatement under this section. If the property appraiser
43determines that the applicant is entitled to such partial
44abatement, the property appraiser shall issue an official
45written statement to the tax collector which contains:
46     1.  The number of months the building or structure was
47uninhabitable. In calculating the number of months, the property
48appraiser shall consider each 30-day period as a month. Partial
4930-day periods of 15 days or less may not be considered, but
50partial periods of 16 days to 29 days are to be calculated as a
5130-day period.
52     2.  The value of the building or structure before it became
53uninhabitable, as determined by the property appraiser.
54     3.  Total taxes due on the building or structure as
55reduced, based on the ratio that the number of months of lost
56occupancy bears to 12.
57     4.  The amount of reduction in taxes.
58     (e)  Upon receipt of the written statement from the
59property appraiser, the tax collector shall reduce the taxes on
60the property shown on the tax collection roll to the amount
61shown by the property appraiser to be due.
62     (f)  By May 1, the tax collector shall notify the board of
63county commissioners and the Department of Revenue of the total
64reduction in taxes for all property that received a partial
65abatement of taxes under this section.
66     (g)  As used in this section:
67     1.  "Uninhabitable" means that the building or structure
68cannot be used for the purpose for which it was constructed
69during a period of 60 days or more and has been condemned by the
70county or municipality of address.
71     2.  "House or other residential building or structure" does
72not include amenities not essential to use and occupancy, such
73as detached utility buildings, bulkheads, fences, detached
74carports, swimming pools, or other similar items or property.
75     (2)  This section is repealed July 1, 2005.
76     Section 2.  The Legislature shall appropriate to each
77county and municipality an amount sufficient to hold the
78counties and municipalities harmless from reductions in ad
79valorem taxes resulting from implementing this act.
80     Section 3.  This act shall take effect upon becoming a law
81and shall operate retroactively to January 1, 2004, and shall
82apply to ad valorem taxes levied in 2004.


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