Florida Senate - 2004                        SENATOR AMENDMENT
    Bill No. CS for SB 8-A
                        Barcode 545212
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  1/F/2R         .                    
       12/16/2004 09:28 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Siplin moved the following amendment:
12  
13         Senate Amendment 
14         On page 5, line 5, through
15            page 10, line 26 delete those lines
16  
17  and insert:  period of 15 days or more for the purpose for
18  which it was constructed. However, if a property owner is
19  living in an uninhabitable structure because alternative
20  living quarters are unavailable, the owner is eligible for
21  reimbursement as provided in this section.
22         (2)(a)  The property appraiser shall notify the
23  applicant by mail if the property appraiser determines that
24  the applicant is not entitled to receive the reimbursement
25  that he or she applied for under this section. Such
26  notification must be made on or before April 1, 2005. If an
27  applicant's application for reimbursement is not fully
28  granted, the applicant may file a petition with the value
29  adjustment board for review of that decision. The petition
30  must be filed with the value adjustment board on or before the
31  30th day following the mailing of the notice by the property
                                  1
    6:44 PM   12/15/04                            s0008Ac1b-19-by4

Florida Senate - 2004 SENATOR AMENDMENT Bill No. CS for SB 8-A Barcode 545212 1 appraiser. 2 (b) The value adjustment board shall consider these 3 petitions as expeditiously as possible at the same time it is 4 considering denials of homestead exemptions pursuant to 5 sections 194.032 and 196.151, Florida Statutes. 6 (c) By May 10, 2005, the property appraiser shall 7 notify the Department of Revenue of the total amount of 8 reimbursements denied for which a petition with the value 9 adjustment board has been filed. The Department of Revenue 10 shall retain an amount equal to the total amount of claims 11 which had petitions filed with the value adjustment board, or 12 $1 million, whichever is less. This retained amount shall be 13 used for the purpose of paying those claims that were denied 14 by the property appraiser but granted by a value adjustment 15 board. The Department of Revenue shall distribute the 16 remaining funds in accordance with the provisions of paragraph 17 (1)(e) to those property owners whose applications for 18 reimbursement were granted by the property appraiser. 19 (d) The Department of Revenue may not pay claims for 20 reimbursement from the retained funds until all appeals to the 21 value adjustment board have become final. If reimbursements 22 made under paragraph (1)(e) were reduced by the Department of 23 Revenue, reimbursements granted by the value adjustment boards 24 shall be reduced by the same percentage. If the total adjusted 25 reimbursements approved by the value adjustment boards exceeds 26 the amount retained by the department for paying these 27 reimbursements, the department shall further reduce all 28 reimbursement checks by a percentage sufficient to reduce 29 total reimbursement payments to an amount equal to the amount 30 retained. 31 (3) Any person who knowingly and willfully gives false 2 6:44 PM 12/15/04 s0008Ac1b-19-by4
Florida Senate - 2004 SENATOR AMENDMENT Bill No. CS for SB 8-A Barcode 545212 1 information for the purpose of claiming reimbursement under 2 this section commits a misdemeanor of the first degree, 3 punishable as provided in section 775.082, Florida Statutes, 4 or by a fine not exceeding $5,000, or both. 5 Section 2. The Department of Revenue shall forward all 6 undeliverable reimbursement checks to the certifying property 7 appraiser for subsequent delivery attempts. 8 Section 3. The sum of $70,000 is appropriated from the 9 General Revenue Fund to the Administrative Trust Fund of the 10 Department of Revenue for the purpose of administering this 11 act. 12 Section 4. Notwithstanding the provisions of section 13 216.301, Florida Statutes, to the contrary and in accordance 14 with section 216.351, Florida Statutes, the Executive Office 15 of the Governor shall, on July 1, certify forward all 16 unexpended funds appropriated pursuant to this act. 17 Section 5. The sum of $20 million is appropriated from 18 the General Revenue Fund to the Administrative Trust Fund of 19 the Department of Revenue for purposes of paying a partial 20 reimbursement of property taxes as provided in this act. 21 Section 6. Reimbursement for sales taxes paid on 22 mobile homes purchased to replace mobile homes damaged by a 23 named tropical system.-- 24 (1) If a mobile home is purchased to replace a mobile 25 home that experienced major damage from a named tropical 26 system, and if the damaged mobile home was the permanent 27 residence of a permanent resident of this state, the state 28 sales tax paid on the purchase of the replacement mobile home 29 shall be reimbursed in the following manner: 30 (a) An application must be filed on or before May 1, 31 2005, by the owner with the property appraiser in the county 3 6:44 PM 12/15/04 s0008Ac1b-19-by4
Florida Senate - 2004 SENATOR AMENDMENT Bill No. CS for SB 8-A Barcode 545212 1 where the damaged mobile home was located. Failure to file 2 such application on or before May 1, 2005, constitutes a 3 waiver of any claim for reimbursement under this section. The 4 application must be filed in the manner and form prescribed by 5 the property appraiser. 6 (b) The application, attested to under oath, must 7 identify the mobile home that experienced major damage from a 8 named tropical system and the date the damage occurred. 9 Documentation of major damage and a copy of the invoice for 10 the replacement mobile home must accompany the application. 11 Such documentation may include, but is not limited to, 12 insurance information or information from the Federal 13 Emergency Management Agency or the American Red Cross 14 attesting to the major damage of the mobile home. 15 (c) Upon receipt of the application, the property 16 appraiser shall investigate the statements contained therein 17 to determine whether the applicant is entitled to 18 reimbursement under this section. If the property appraiser 19 determines that the applicant is entitled to reimbursement, 20 the property appraiser shall calculate the reimbursement 21 amount. The reimbursement shall be an amount equal to the 22 state sales tax paid on the purchase price of the replacement 23 mobile home, as determined by the tax tables of the Department 24 of Revenue, which amount may not exceed $1,500. 25 (d) The property appraiser shall compile a list of 26 mobile home owners entitled to reimbursement. The list shall 27 be submitted to the Department of Revenue by June 1, 2005, 28 through an electronic, web-based application provided by the 29 department. 30 (e) Upon receipt of the reimbursement lists from the 31 property appraisers, the Department of Revenue shall disburse 4 6:44 PM 12/15/04 s0008Ac1b-19-by4
Florida Senate - 2004 SENATOR AMENDMENT Bill No. CS for SB 8-A Barcode 545212 1 reimbursement checks from its Administrative Trust Fund in the 2 amounts and to the persons indicated in the reimbursement 3 lists received from the property appraisers. Before disbursing 4 any reimbursement checks, the Department of Revenue shall 5 determine the total of all reimbursement requests submitted by 6 the property appraisers. If the total amount of reimbursement 7 requested exceeds the amount available for that purpose, the 8 department shall reduce all reimbursement checks by a 9 percentage sufficient to reduce total reimbursement payments 10 to an amount equal to the appropriation, less any amount 11 retained pursuant to paragraph (2)(c). 12 (f) As used in this section, the term: 13 1. "Major damage" means that a mobile home is more 14 than 50-percent destroyed or that a mobile home cannot be 15 inhabited and cannot be repaired for less than the amount of 16 its value before the named tropical system. 17 2. "Permanent residence" and "permanent resident" have 18 the same meanings as provided in section 196.012, Florida 19 Statutes. 20 (2)(a) The property appraiser shall notify the 21 applicant by mail if the property appraiser determines that 22 the applicant is not entitled to receive the reimbursement 23 that he or she applied for under this section. Such 24 notification must be made on or before June 1, 2005. If an 25 applicant's application for reimbursement is not fully 26 granted, the applicant may file a petition with the value 27 adjustment board for review of that decision. The petition 28 must be filed with the value adjustment board on or before the 29 30th day following the mailing of the notice by the property 30 appraiser. 31 (b) The value adjustment board shall consider these 5 6:44 PM 12/15/04 s0008Ac1b-19-by4
Florida Senate - 2004 SENATOR AMENDMENT Bill No. CS for SB 8-A Barcode 545212 1 petitions as expeditiously as possible at the same time it is 2 considering denials of homestead exemptions pursuant to 3 sections 194.032 and 196.151, Florida Statutes. 4 (c) By July 10, 2005, the property appraiser shall 5 notify the Department of Revenue of the total amount of 6 reimbursements denied for which a petition with the value 7 adjustment board has been filed. The Department of Revenue 8 shall retain an amount equal to the total amount of claims 9 which had petitions filed with the value adjustment board, or 10 $665,000, whichever is less. This retained amount shall be 11 used for the purpose of paying those claims that were denied 12 by the property appraiser but granted by a value adjustment 13 board. The Department of Revenue shall distribute the 14 remaining funds in accordance with the provisions of paragraph 15 (1)(e) to those mobile home owners whose applications for 16 reimbursement were granted by the property appraiser. 17 (d) The Department of Revenue may not pay claims for 18 reimbursement from the retained funds until all appeals to the 19 value adjustment board have become final. If reimbursements 20 made under paragraph (1)(e) were reduced by the Department of 21 Revenue, reimbursements granted by the value adjustment boards 22 shall be reduced by the same percentage. If the total adjusted 23 reimbursements approved by the value adjustment boards exceeds 24 the amount retained by the department for paying these 25 reimbursements, the department shall further reduce all 26 reimbursement checks by a percentage sufficient to reduce 27 total reimbursement payments to an amount equal to the amount 28 retained. 29 (3) Any person who claims reimbursement under section 30 1 of this act is not eligible for the reimbursement provided 31 by this section. 6 6:44 PM 12/15/04 s0008Ac1b-19-by4
Florida Senate - 2004 SENATOR AMENDMENT Bill No. CS for SB 8-A Barcode 545212 1 (4) Any person who knowingly and wilfully gives false 2 information for the purpose of claiming reimbursement under 3 this section commits a misdemeanor of the first degree, 4 punishable as provided in section 775.082, Florida Statutes, 5 or by a fine not exceeding $5,000, or both. 6 Section 7. The sum of $50 million is appropriated from 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 6:44 PM 12/15/04 s0008Ac1b-19-by4