Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2482
                        Barcode 241326
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: 11/RCS          .                    
       04/19/2007 06:41 PM         .                    
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11  The Committee on Finance and Tax (Geller) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 83, line 21 and 22, delete those lines
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17  and insert:  
18         Section 42.  Refund of property taxes upon destruction
19  or damage related to tornadoes.--
20         (1)  As used in this section, the term "house or other
21  residential building or structure" does not include amenities
22  that are not essential to use and occupancy, such as detached
23  utility buildings, bulkheads, fences, detached carports,
24  swimming pools, or other similar items or property.
25         (2)  If a house or other residential building or
26  structure on land was damaged or destroyed between January 1,
27  2007, and February 15, 2007, due to a tornado and, as a
28  result, the house or other residential building or structure,
29  or some self-sufficient unit within the residential building
30  or structure, cannot be used and occupied for 60 days or more,
31  upon application filed with the property appraiser, the 2007
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    11:34 AM   04/18/07                            s2482c-ft31-j01

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2482 Barcode 241326 1 property taxes may be partially refunded in the following 2 manner: 3 (a) The owner must file an application with the 4 property appraiser before June 1, 2008. Failure to file an 5 application before that date constitutes a waiver of any claim 6 for partial refund under this section. 7 (b) The application must identify the property that 8 was destroyed or damaged and specify the date the destruction 9 or damage occurred and the number of months in 2007 of loss of 10 use and occupancy. 11 (c) The application must be verified under oath under 12 penalty of perjury. 13 (d) Upon receipt of the application, the property 14 appraiser shall investigate the statements contained therein 15 to determine whether the applicant is entitled to a partial 16 refund under this section. If the property appraiser 17 determines that the applicant is entitled to a partial refund, 18 he or she shall issue an official written statement to the tax 19 collector which contains: 20 1. The number of months in 2007 that the house or 21 other residential building or structure, or some 22 self-sufficient unit within the residential building or 23 structure, was not capable of use and occupancy. In 24 calculating the number of months, the property appraiser shall 25 consider each 30-day period as a month. Partial periods of 15 26 days or less may not be considered, but partial periods of 16 27 days to 29 days shall be calculated as a 30-day period. 28 2. The value of the house or other residential 29 building or structure before the damage or destruction, as 30 determined by the property appraiser. 31 3. Total taxes due on the house or other residential 2 11:34 AM 04/18/07 s2482c-ft31-j01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2482 Barcode 241326 1 building or structure as reduced, based on the ratio that the 2 number of months of loss of use and occupancy bears to 12. 3 4. The amount of refund in taxes. 4 (e) Upon receipt of the written statement from the 5 property appraiser, the tax collector shall refund taxes on 6 the property shown on the tax collection roll in the amount of 7 refund shown by the property appraiser. 8 (f) By September 1, 2008, the tax collector shall 9 notify the board of county commissioners and the Department of 10 Revenue of the total reduction in taxes for all property that 11 received a partial refund of taxes under this section for the 12 preceding tax year. 13 (3) This section takes effect upon this act becoming a 14 law and expires October 1, 2008. 15 Section 43. Except as otherwise expressly provided in 16 this act and except for this section, which shall take effect 17 upon becoming a law, this act shall take effect July 1, 2007. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 On page 7, after the semicolon, 23 24 insert: 25 providing for refunds of certain property taxes 26 for residential property damaged or destroyed 27 by a tornado during a specified period; 28 29 30 31 3 11:34 AM 04/18/07 s2482c-ft31-j01