Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1026
                        Barcode 113860
                            CHAMBER ACTION
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11  The Committee on Community Affairs (Haridopolos) recommended
12  the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 196.082, Florida Statutes, is
19  created to read:
20         196.082  Discounts for disabled veterans.--
21         (1)  Each veteran who is age 65 or older and is
22  partially or totally permanently disabled shall receive a
23  discount from the amount of the ad valorem tax otherwise owed
24  on homestead property that the veteran owns and resides in if:
25         (a)  The disability was combat-related;
26         (b)  The veteran was a resident of this state at the
27  time of entering the military service of the United States;
28  and
29         (c)  The veteran was honorably discharged upon
30  separation from military service.
31         (2)  The discount shall be in a percentage equal to the
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1026 Barcode 113860 1 percentage of the veteran's permanent, service-connected 2 disability as determined by the United States Department of 3 Veterans Affairs. 4 (3) To qualify for the discount granted under this 5 section, an applicant must submit to the county property 6 appraiser by March 1: 7 (a) Proof of residency at the time of entering 8 military service; 9 (b) An official letter from the United States 10 Department of Veterans Affairs which states the percentage of 11 the veteran's service-connected disability and evidence that 12 reasonably identifies the disability as combat-related; and 13 (c) A copy of the veteran's honorable discharge. 14 (4) If the property appraiser denies the request for a 15 discount, the appraiser must notify the applicant in writing, 16 stating the reasons for denial, on or before July 1 of the 17 year for which the application was filed. The applicant may 18 reapply for the discount in a subsequent year using the 19 procedure in this section. All notifications must specify the 20 right to appeal to the value adjustment board and the 21 procedures to follow in obtaining such an appeal under s. 22 196.193(5). 23 (5) The property appraiser shall apply the discount by 24 reducing the taxable value before certifying the tax roll to 25 the tax collector. 26 (a) The property appraiser shall first ascertain all 27 other applicable exemptions, including exemptions provided 28 pursuant to local option, and deduct all other exemptions from 29 the assessed value. 30 (b) The percentage discount portion of the remaining 31 value which is attributable to service-connected disabilities 2 12:51 PM 02/20/07 s1026c-ca26-j04
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1026 Barcode 113860 1 shall be subtracted to yield the discounted taxable value. 2 (c) The resulting taxable value shall be included in 3 the certification for use by taxing authorities in setting 4 millage. 5 (d) The property appraiser shall place the discounted 6 amount on the tax roll when it is extended. 7 Section 2. Subsection (9) of section 196.011, Florida 8 Statutes, is amended to read: 9 196.011 Annual application required for exemption.-- 10 (9)(a) A county may, at the request of the property 11 appraiser and by a majority vote of its governing body, waive 12 the requirement that an annual application or statement be 13 made for exemption of property within the county after an 14 initial application is made and the exemption granted. The 15 waiver under this subsection of the annual application or 16 statement requirement applies to all exemptions under this 17 chapter except the exemption under s. 196.1995. 18 Notwithstanding such waiver, refiling of an application or 19 statement shall be required when any property granted an 20 exemption is sold or otherwise disposed of, when the ownership 21 changes in any manner, when the applicant for homestead 22 exemption ceases to use the property as his or her homestead, 23 or when the status of the owner changes so as to change the 24 exempt status of the property. In its deliberations on whether 25 to waive the annual application or statement requirement, the 26 governing body shall consider the possibility of fraudulent 27 exemption claims which may occur due to the waiver of the 28 annual application requirement. It is the duty of the owner of 29 any property granted an exemption who is not required to file 30 an annual application or statement to notify the property 31 appraiser promptly whenever the use of the property or the 3 12:51 PM 02/20/07 s1026c-ca26-j04
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1026 Barcode 113860 1 status or condition of the owner changes so as to change the 2 exempt status of the property. If any property owner fails to 3 so notify the property appraiser and the property appraiser 4 determines that for any year within the prior 10 years the 5 owner was not entitled to receive such exemption, the owner of 6 the property is subject to the taxes exempted as a result of 7 such failure plus 15 percent interest per annum and a penalty 8 of 50 percent of the taxes exempted. Except for homestead 9 exemptions controlled by s. 196.161, it is the duty of the 10 property appraiser making such determination to record in the 11 public records of the county a notice of tax lien against any 12 property owned by that person or entity in the county, and 13 such property must be identified in the notice of tax lien. 14 Such property is subject to the payment of all taxes and 15 penalties. Such lien when filed shall attach to any property, 16 identified in the notice of tax lien, owned by the person who 17 illegally or improperly received the exemption. Should such 18 person no longer own property in that county, but own property 19 in some other county or counties in the state, it shall be the 20 duty of the property appraiser to record a notice of tax lien 21 in such other county or counties, identifying the property 22 owned by such person or entity in such county or counties, and 23 it shall become a lien against such property in such county or 24 counties. 25 (b) A county may, at the request of the property 26 appraiser and by a majority vote of its governing body, waive 27 the requirement that an annual application be made for the 28 veteran's disability discount granted pursuant to s. 6(g), 29 Art. VII of the State Constitution after an initial 30 application is made and the discount granted. It is the duty 31 of the disabled veteran receiving a discount for which annual 4 12:51 PM 02/20/07 s1026c-ca26-j04
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1026 Barcode 113860 1 application has been waived to notify the property appraiser 2 promptly whenever the use of the property or the percentage of 3 disability to which the veteran is entitled changes. If a 4 disabled veteran fails to notify the property appraiser and 5 the property appraiser determines that for any year within the 6 prior 10 years the veteran was not entitled to receive all or 7 a portion of such discount, the penalties and processes in 8 paragraph (a) relating to the failure to notify the property 9 appraiser of ineligibility for an exemption shall apply. 10 (c)(b) For any exemption under s. 196.101(2), the 11 statement concerning gross income must be filed with the 12 property appraiser not later than March 1 of every year. 13 (d)(c) If an exemption for which the annual 14 application is waived pursuant to this subsection will be 15 denied by the property appraiser in the absence of the 16 refiling of the application, notification of an intent to deny 17 the exemption shall be mailed to the owner of the property 18 prior to February 1. If the property appraiser fails to 19 timely mail such notice, the application deadline for such 20 property owner pursuant to subsection (1) shall be extended to 21 28 days after the date on which the property appraiser mails 22 such notice. 23 Section 3. This act shall take effect upon becoming a 24 law and shall apply retroactively to December 7, 2006. 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 Delete everything before the enacting clause 30 31 and insert: 5 12:51 PM 02/20/07 s1026c-ca26-j04
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1026 Barcode 113860 1 A bill to be entitled 2 An act relating to the ad valorem taxation of 3 homestead property; creating s. 196.082, F.S.; 4 implementing s. (6)(g), Art. VII of the State 5 Constitution; providing that certain disabled 6 veterans must receive a discount from the 7 amount of the ad valorem tax levied on their 8 homestead property; providing conditions under 9 which the discount applies; providing 10 application procedures; imposing requirements 11 upon a property appraiser who denies such an 12 application; providing for an appeal to the 13 value adjustment board; allowing reapplication 14 in a subsequent year; providing requirements 15 for the property appraiser in applying the 16 discount; amending s. 196.011, F.S.; 17 authorizing the governing body of a county to 18 waive the requirement that an annual 19 application be made for a veteran's disability 20 discount; requiring a veteran who receives such 21 a discount to notify the property appraiser of 22 any changes in the use of the property or in 23 his or her degree of disability; providing 24 penalties for noncompliance; providing for 25 retroactivity; providing an effective date. 26 27 28 29 30 31 6 12:51 PM 02/20/07 s1026c-ca26-j04