Senate Bill sb0146

    Florida Senate - 2006        (Corrected Copy)           SB 146

    By Senator Saunders





    37-62-06

  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         applicable to a claimant who knowingly and

  6         willfully gives false information for the

  7         purpose of claiming a homestead exemption if

  8         the funds for the homestead were obtained by

  9         the commission of a fraudulent act; providing

10         an effective date.

11  

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

13  

14         Section 1.  Section 196.131, Florida Statutes, is

15  amended to read:

16         196.131  Homestead exemptions; claims; receipt; false

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

18         (1)  At the time each taxpayer files claim for a

19  homestead exemption, the property appraiser shall deliver to

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

21  duly authorized deputy, which shall appropriately identify the

22  property covered in the application, shall bear date as of the

23  day such application is received by the property appraiser,

24  and shall include any serial number or other identifying data

25  desired by the said property appraiser. The possession of such

26  receipt shall constitute conclusive proof of the timely filing

27  of such application.

28         (2)  A person who knowingly and willfully gives false

29  information for the purpose of claiming a homestead exemption

30  as provided for in this chapter commits is guilty of a

31  

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






    Florida Senate - 2006        (Corrected Copy)           SB 146
    37-62-06




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

 2  775.082 or by fine not exceeding $5,000, or both.

 3         (3)(a)  A person who violates subsection (2) by

 4  knowingly and willfully giving false information concerning a

 5  home that has been paid for by the claimant, in whole or in

 6  part, with funds obtained by the commission of a fraudulent

 7  act commits:

 8         1.  A felony of the third degree, punishable as

 9  provided in s. 775.082, s. 775.083, or s. 775.084, if the

10  assessed value of the homestead is at least $200,000 but less

11  than $500,000.

12         2.  A felony of the second degree, punishable as

13  provided in s. 775.082, s. 775.083, or s. 775.084, if the

14  assessed value of the homestead is at least $500,000 but less

15  than $1.5 million.

16         3.  A felony of the first degree, punishable as

17  provided in s. 775.082, s. 775.083, or s. 775.084, if the

18  assessed value of the homestead is at least $1.5 million.

19         (b)  By October 1, 2006, the Department of Revenue

20  shall amend the application forms for the homestead exemption,

21  by rule, to the extent necessary to administer this

22  subsection.

23         Section 2.  This act shall take effect October 1, 2006.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Provides a value-based scale of criminal penalties that
      apply to a person who knowingly and willfully gives false
28    information in claiming a homestead exemption if funds
      used to pay for the homestead were obtained by a
29    fraudulent act.

30  

31  

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