1 | A bill to be entitled |
2 | An act relating to ad valorem taxation of homestead |
3 | property; creating s. 196.082, F.S.; requiring that |
4 | certain disabled veterans receive a discount from ad |
5 | valorem taxes levied on homestead property; providing |
6 | conditions under which the discount applies; providing |
7 | application procedures; imposing requirements upon |
8 | property appraisers who deny such an application; |
9 | providing for an appeal to the value adjustment board; |
10 | authorizing reapplication in a subsequent year; providing |
11 | requirements for property appraisers in applying the |
12 | discount; amending s. 196.011, F.S.; authorizing the |
13 | governing body of a county to waive the requirement that |
14 | an annual application be made for a veteran's disability |
15 | discount; requiring a veteran receiving such a discount to |
16 | notify the property appraiser of any changes in the use of |
17 | the property or in the degree of disability; providing |
18 | penalties for noncompliance; amending s. 192.0105, F.S.; |
19 | conforming a cross-reference; providing for retroactive |
20 | operation; providing an effective date. |
21 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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24 | Section 1. Section 196.082, Florida Statutes, is created |
25 | to read: |
26 | 196.082 Discounts for disabled veterans.-- |
27 | (1) Each veteran who is age 65 or older and is partially |
28 | or totally permanently disabled shall receive a discount from |
29 | the amount of the ad valorem tax otherwise owed on homestead |
30 | property the veteran owns and resides in if: |
31 | (a) The disability was combat related; |
32 | (b) The veteran was a resident of this state at the time |
33 | of entering the military service of the United States; and |
34 | (c) The veteran was honorably discharged upon separation |
35 | from military service. |
36 | (2) The discount shall be in a percentage equal to the |
37 | percentage of the veteran's permanent, service-connected |
38 | disability as determined by the United States Department of |
39 | Veterans Affairs. |
40 | (3) To qualify for the discount granted under this |
41 | section, an applicant must submit to the county property |
42 | appraiser by March 1: |
43 | (a) Proof of residency at the time of entering military |
44 | service; |
45 | (b) An official letter from the United States Department |
46 | of Veterans Affairs that states the percentage of the veteran's |
47 | service-connected disability and evidence that reasonably |
48 | identifies the disability as being combat related; |
49 | (c) A copy of the veteran's honorable discharge; and |
50 | (d) Proof of age as of January 1 of the year to which the |
51 | discount will apply. |
52 |
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53 | Any applicant who is qualified to receive a discount under this |
54 | section and fails to file an application by March 1 may file an |
55 | application for the discount and may file, pursuant to s. |
56 | 194.011(3), a petition with the value adjustment board |
57 | requesting that the discount be granted. Such application and |
58 | petition shall be subject to the same procedures as for |
59 | exemptions set forth in s. 196.011(8). |
60 | (4) If the property appraiser denies the request for a |
61 | discount, the property appraiser shall notify the applicant, in |
62 | writing, stating the reasons for denial on or before July 1 of |
63 | the year for which the application was filed. The applicant may |
64 | reapply for the discount in a subsequent year pursuant to the |
65 | procedure provided in this section. All notifications must |
66 | specify the right to appeal to the value adjustment board and |
67 | the procedures to follow in obtaining such an appeal under s. |
68 | 196.193(5). |
69 | (5) The property appraiser shall apply the discount by |
70 | reducing the taxable value of such property before certifying |
71 | the tax roll to the tax collector. |
72 | (a) The property appraiser shall first ascertain all other |
73 | applicable exemptions, including exemptions provided pursuant to |
74 | local option, and deduct all other exemptions from the assessed |
75 | value. |
76 | (b) The percentage discount portion of the remaining value |
77 | that is attributable to service-connected disabilities shall be |
78 | subtracted to yield the discounted taxable value. |
79 | (c) The resulting taxable value shall be included in the |
80 | certification for use by taxing authorities in setting millage. |
81 | (d) The property appraiser shall place the discounted |
82 | amount on the tax roll when it is extended. |
83 | Section 2. Subsection (9) of section 196.011, Florida |
84 | Statutes, is amended to read: |
85 | 196.011 Annual application required for exemption.-- |
86 | (9)(a) A county may, at the request of the property |
87 | appraiser and by a majority vote of its governing body, waive |
88 | the requirement that an annual application or statement be made |
89 | for exemption of property within the county after an initial |
90 | application is made and the exemption granted. The waiver under |
91 | this subsection of the annual application or statement |
92 | requirement applies to all exemptions under this chapter except |
93 | the exemption under s. 196.1995. Notwithstanding such waiver, |
94 | refiling of an application or statement shall be required when |
95 | any property granted an exemption is sold or otherwise disposed |
96 | of, when the ownership changes in any manner, when the applicant |
97 | for homestead exemption ceases to use the property as his or her |
98 | homestead, or when the status of the owner changes so as to |
99 | change the exempt status of the property. In its deliberations |
100 | on whether to waive the annual application or statement |
101 | requirement, the governing body shall consider the possibility |
102 | of fraudulent exemption claims which may occur due to the waiver |
103 | of the annual application requirement. It is the duty of the |
104 | owner of any property granted an exemption who is not required |
105 | to file an annual application or statement to notify the |
106 | property appraiser promptly whenever the use of the property or |
107 | the status or condition of the owner changes so as to change the |
108 | exempt status of the property. If any property owner fails to so |
109 | notify the property appraiser and the property appraiser |
110 | determines that for any year within the prior 10 years the owner |
111 | was not entitled to receive such exemption, the owner of the |
112 | property is subject to the taxes exempted as a result of such |
113 | failure plus 15 percent interest per annum and a penalty of 50 |
114 | percent of the taxes exempted. Except for homestead exemptions |
115 | controlled by s. 196.161, it is the duty of the property |
116 | appraiser making such determination to record in the public |
117 | records of the county a notice of tax lien against any property |
118 | owned by that person or entity in the county, and such property |
119 | must be identified in the notice of tax lien. Such property is |
120 | subject to the payment of all taxes and penalties. Such lien |
121 | when filed shall attach to any property, identified in the |
122 | notice of tax lien, owned by the person who illegally or |
123 | improperly received the exemption. Should such person no longer |
124 | own property in that county, but own property in some other |
125 | county or counties in the state, it shall be the duty of the |
126 | property appraiser to record a notice of tax lien in such other |
127 | county or counties, identifying the property owned by such |
128 | person or entity in such county or counties, and it shall become |
129 | a lien against such property in such county or counties. |
130 | (b) A county may, at the request of the property appraiser |
131 | and by a majority vote of the governing body of the county, |
132 | waive the requirement that an annual application be made for the |
133 | veteran's disability discount granted pursuant to s. 6(g), Art. |
134 | VII of the State Constitution after an initial application is |
135 | made and the discount is granted. A disabled veteran receiving a |
136 | discount for which annual application has been waived shall |
137 | notify the property appraiser promptly whenever the use of the |
138 | property or the percentage of disability to which the veteran is |
139 | entitled changes. If a disabled veteran fails to notify the |
140 | property appraiser and the property appraiser determines that |
141 | for any year within the prior 10 years the veteran was not |
142 | entitled to receive all or a portion of such discount, the |
143 | penalties and processes in paragraph (a) relating to the failure |
144 | to notify the property appraiser of ineligibility for an |
145 | exemption shall apply. |
146 | (c)(b) For any exemption under s. 196.101(2), the |
147 | statement concerning gross income must be filed with the |
148 | property appraiser not later than March 1 of every year. |
149 | (d)(c) If an exemption for which the annual application is |
150 | waived pursuant to this subsection will be denied by the |
151 | property appraiser in the absence of the refiling of the |
152 | application, notification of an intent to deny the exemption |
153 | shall be mailed to the owner of the property prior to February |
154 | 1. If the property appraiser fails to timely mail such notice, |
155 | the application deadline for such property owner pursuant to |
156 | subsection (1) shall be extended to 28 days after the date on |
157 | which the property appraiser mails such notice. |
158 | Section 3. Paragraph (c) of subsection (2) of section |
159 | 192.0105, Florida Statutes, is amended to read: |
160 | 192.0105 Taxpayer rights.--There is created a Florida |
161 | Taxpayer's Bill of Rights for property taxes and assessments to |
162 | guarantee that the rights, privacy, and property of the |
163 | taxpayers of this state are adequately safeguarded and protected |
164 | during tax levy, assessment, collection, and enforcement |
165 | processes administered under the revenue laws of this state. The |
166 | Taxpayer's Bill of Rights compiles, in one document, brief but |
167 | comprehensive statements that summarize the rights and |
168 | obligations of the property appraisers, tax collectors, clerks |
169 | of the court, local governing boards, the Department of Revenue, |
170 | and taxpayers. Additional rights afforded to payors of taxes and |
171 | assessments imposed under the revenue laws of this state are |
172 | provided in s. 213.015. The rights afforded taxpayers to assure |
173 | that their privacy and property are safeguarded and protected |
174 | during tax levy, assessment, and collection are available only |
175 | insofar as they are implemented in other parts of the Florida |
176 | Statutes or rules of the Department of Revenue. The rights so |
177 | guaranteed to state taxpayers in the Florida Statutes and the |
178 | departmental rules include: |
179 | (2) THE RIGHT TO DUE PROCESS.-- |
180 | (c) The right to file a petition for exemption or |
181 | agricultural classification with the value adjustment board when |
182 | an application deadline is missed, upon demonstration of |
183 | particular extenuating circumstances for filing late (see ss. |
184 | 193.461(3)(a) and 196.011(1), (7), (8), and (9)(d)(c)). |
185 | Section 4. This act shall take effect upon becoming a law |
186 | and shall operate retroactively to December 7, 2006. |