1 | Representative(s) Patterson offered the following: |
2 |
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3 | Amendment to Substitute Amendment (887735) |
4 | Remove lines 17-220, and insert: |
5 | building for the 2007 tax year shall be partially reimbursed in |
6 | the following manner: |
7 | (a) An application must be filed by the owner, on or |
8 | before February 1 of the year following the year in which the |
9 | tornado occurred, with the property appraiser in the county |
10 | where the property is located. Failure to file such application |
11 | on or before the applicable deadline constitutes a waiver of any |
12 | claim for partial reimbursement under this section. The |
13 | application must be filed in the manner and form prescribed by |
14 | the property appraiser. |
15 | (b) The application, attested to under oath, must identify |
16 | the property rendered uninhabitable by a tornado, the date the |
17 | damage occurred, and the number of days the property was |
18 | uninhabitable after the damage occurred. Documentation |
19 | supporting the claim that the property was uninhabitable must |
20 | accompany the application. Such documentation may include, but |
21 | is not limited to, utility bills, insurance information, |
22 | contractors' statements, building permit applications, or |
23 | building inspection certificates of occupancy. |
24 | (c) Upon receipt of the application, the property |
25 | appraiser shall investigate the statements contained in the |
26 | application to determine whether the applicant is entitled to a |
27 | partial reimbursement under this section. If the property |
28 | appraiser determines that the applicant is entitled to such |
29 | reimbursement, the property appraiser shall calculate the |
30 | reimbursement amount. The reimbursement shall be an amount equal |
31 | to the total ad valorem taxes levied on the homestead property |
32 | for the applicable tax year, multiplied by a ratio equal to the |
33 | number of days the property was uninhabitable after the damage |
34 | occurred in the applicable year divided by 365. However, the |
35 | amount of reimbursement may not exceed $1,500. |
36 | (d) The property appraiser shall compile a list of |
37 | property owners entitled to a partial reimbursement. The list |
38 | shall be submitted to the Department of Revenue no later than |
39 | March 1 of the year following the year in which the tornado |
40 | occurred through an electronic, web-based application provided |
41 | by the department. |
42 | (e) Upon receipt of the reimbursement lists from the |
43 | property appraisers, the department shall disburse reimbursement |
44 | checks from its Administrative Trust Fund in the amounts and to |
45 | the persons indicated in the reimbursement lists received from |
46 | the property appraisers. Before disbursing any reimbursement |
47 | checks, the department shall determine the total amount of all |
48 | reimbursement requests submitted by the property appraisers. If |
49 | the total amount of reimbursements requested exceeds the amount |
50 | available for that purpose, the department shall reduce all |
51 | reimbursement checks by a percentage sufficient to reduce total |
52 | reimbursement payments to an amount equal to the appropriation, |
53 | less any amount retained pursuant to paragraph (2)(c). |
54 | (f) As used in this section, the term "uninhabitable" |
55 | means a building or structure cannot be used during a period of |
56 | 60 days or more for the purpose for which it was constructed. |
57 | However, if a property owner is living in an uninhabitable |
58 | structure because alternative living quarters are unavailable, |
59 | the owner is eligible for reimbursement as provided in this |
60 | section. |
61 | (2)(a) The property appraiser shall notify the applicant |
62 | by mail if the property appraiser determines that the applicant |
63 | is not entitled to receive the reimbursement that he or she |
64 | applied for under this section. Such notification shall be made |
65 | on or before March 1 of the year following the year in which the |
66 | tornado occurred. If an applicant's application for |
67 | reimbursement is not fully granted, the applicant may file a |
68 | petition with the value adjustment board for review of that |
69 | decision. The petition must be filed with the value adjustment |
70 | board on or before the 30th day after the mailing of the notice |
71 | by the property appraiser. |
72 | (b) The value adjustment board shall consider these |
73 | petitions as expeditiously as possible. |
74 | (c) By April 1 of the year following the year in which the |
75 | tornado occurred, the property appraiser shall notify the |
76 | department of the total amount of reimbursements denied for |
77 | which a petition with the value adjustment board has been filed. |
78 | The department shall retain an amount equal to the total amount |
79 | of claims for which petitions had been filed with the value |
80 | adjustment board or $922,500, whichever is less. The retained |
81 | amount shall be used for the purpose of paying those claims that |
82 | were denied by the property appraiser but granted by a value |
83 | adjustment board. The department shall distribute the remaining |
84 | funds in accordance with the provisions of paragraph (1)(e) to |
85 | those property owners whose applications for reimbursement were |
86 | granted by the property appraiser. |
87 | (d) The department may not pay claims for reimbursement |
88 | from the retained funds until all appeals to the value |
89 | adjustment board have become final. The property appraiser for |
90 | each county submitting a list of homeowners entitled to |
91 | reimbursement under this section shall notify the department |
92 | after all appeals to the value adjustment board of that county |
93 | have become final. If reimbursements made under paragraph (1)(e) |
94 | were reduced by the department, reimbursements granted by value |
95 | adjustment boards shall be reduced by the same percentage. |
96 | (3) Any person who knowingly and willfully gives false |
97 | information for the purpose of claiming reimbursement under this |
98 | section commits a misdemeanor of the first degree, punishable as |
99 | provided in s. 775.082, Florida Statutes, or by a fine not |
100 | exceeding $5,000, or both. |
101 | Section 39. Reimbursement for sales taxes paid on mobile |
102 | homes purchased to replace mobile homes damaged by a tornado.-- |
103 | (1) If a mobile home is purchased to replace a mobile home |
104 | that experienced major damage from a tornado that occurred on |
105 | December 25, 2006, or February 2, 2007, and if the damaged |
106 | mobile home was the permanent residence of a permanent resident |
107 | of this state, the state sales tax paid on the purchase of the |
108 | replacement mobile home shall be reimbursed in the following |
109 | manner: |
110 | (a) An application must be filed on or before October 1, |
111 | 2007, by the owner with the property appraiser in the county |
112 | where the damaged mobile home was located. Failure to file such |
113 | application on or before October 1, 2007, constitutes a waiver |
114 | of any claim for reimbursement under this section. The |
115 | application must be filed in the manner and form prescribed by |
116 | the property appraiser. |
117 | (b) The application, attested to under oath, must identify |
118 | the mobile home that experienced major damage from a tornado |
119 | that occurred on December 25, 2006, or February 2, 2007, and the |
120 | date the damage occurred. Documentation of major damage and a |
121 | copy of the invoice for the replacement mobile home must |
122 | accompany the application. Such documentation may include, but |
123 | is not limited to, insurance information or information from the |
124 | Federal Emergency Management Agency or the American Red Cross |
125 | attesting to the major damage of the mobile home. |
126 | (c) Upon receipt of the application, the property |
127 | appraiser shall investigate the statements contained in the |
128 | application to determine whether the applicant is entitled to |
129 | reimbursement under this section. If the property appraiser |
130 | determines that the applicant is entitled to reimbursement, the |
131 | property appraiser shall calculate the reimbursement amount. The |
132 | reimbursement shall be an amount equal to the state sales tax |
133 | paid on the purchase price of the replacement mobile home, as |
134 | determined by the tax tables of the Department of Revenue, which |
135 | amount may not exceed $1,500. |
136 | (d) The property appraiser shall compile a list of mobile |
137 | home owners entitled to reimbursement under this section. The |
138 | list shall be submitted to the Department of Revenue by November |
139 | 1, 2007, through an electronic, web-based application provided |
140 | by the department. |
141 | (e) Upon receipt of the reimbursement lists from the |
142 | property appraisers, the department shall disburse reimbursement |
143 | checks from its Administrative Trust Fund in the amounts and to |
144 | the persons indicated in the reimbursement lists received from |
145 | the property appraisers. Before disbursing any reimbursement |
146 | checks, the department shall determine the total amount of all |
147 | reimbursement requests submitted by the property appraisers. If |
148 | the total amount of reimbursements requested exceeds the amount |
149 | available for that purpose, the department shall reduce all |
150 | reimbursement checks by a percentage sufficient to reduce total |
151 | reimbursement payments to an amount equal to the appropriation, |
152 | less any amount retained pursuant to paragraph (2)(c). |
153 | (f) As used in this section, the term: |
154 | 1. "Major damage" means that a mobile home is more than |
155 | 50-percent destroyed or that a mobile home cannot be inhabited |
156 | and cannot be repaired for less than the amount of its value |
157 | before the December 25, 2006, or February 2, 2007, tornado. |
158 | 2. "Mobile home" means a mobile home as defined in s. |
159 | 320.01(2)(a), Florida Statutes, a manufactured home as defined |
160 | in s. 320.01(2)(b), Florida Statutes, or a trailer as defined in |
161 | s. 320.08(10), Florida Statutes. |
162 | 3. "Permanent residence" and "permanent resident" have the |
163 | same meanings as provided in s. 196.012, Florida Statutes. |
164 | (2)(a) The property appraiser shall notify the applicant |
165 | by mail if the property appraiser determines that the applicant |
166 | is not entitled to receive the reimbursement that he or she |
167 | applied for under this section. Such notification shall be made |
168 | on or before November 1, 2007. If an applicant's application for |
169 | reimbursement is not fully granted, the applicant may file a |
170 | petition with the value adjustment board for review of that |
171 | decision. The petition must be filed with the value adjustment |
172 | board on or before the 30th day after the mailing of the notice |
173 | by the property appraiser. |
174 | (b) The value adjustment board shall consider these |
175 | petitions as expeditiously as possible. |
176 | (c) By December 1, 2007, the property appraiser shall |
177 | notify the department of the total amount of reimbursements |
178 | denied for which a petition with the value adjustment board has |
179 | been filed. The department shall retain an amount equal to the |
180 | total amount of claims for which petitions had been filed with |
181 | the value adjustment board, or $309,000, whichever is less. The |
182 | retained amount shall be used for the purpose of paying claims |
183 | that were denied by the property appraiser but granted by a |
184 | value adjustment board. The department shall distribute the |
185 | remaining funds in accordance with the provisions of paragraph |
186 | (1)(e) to mobile home owners whose applications for |
187 | reimbursement were granted by the property appraiser. |
188 | (d) The department may not pay claims for reimbursement |
189 | from the retained funds until all appeals to the value |
190 | adjustment board have become final. The property appraiser for |
191 | each county submitting a list of homeowners entitled to |
192 | reimbursement under this section shall notify the department |
193 | after all appeals to the value adjustment board of that county |
194 | have become final. If reimbursements made under paragraph (1)(e) |
195 | were reduced by the department, reimbursements granted by value |
196 | adjustment boards shall be reduced by the same percentage. |
197 | (3) Any person who claims reimbursement under section 38 |
198 | of this act is not eligible for the reimbursement provided by |
199 | this section. |
200 | (4) Any person who knowingly and willfully gives false |
201 | information for the purpose of claiming a reimbursement under |
202 | this section commits a misdemeanor of the first degree, |
203 | punishable as provided in s. 775.082, Florida Statutes, or by a |
204 | fine not exceeding $5,000, or both. |
205 | Section 40. Notwithstanding the provisions of s. 216.301, |
206 | Florida Statutes, and in accordance with s. 216.351, Florida |
207 | Statutes, the Executive Office of the Governor shall, on July 1, |
208 | 2008, certify forward all unexpended funds appropriated pursuant |