HB 7115

1
A bill to be entitled
2An act relating to ad valorem taxation of homestead
3property; creating s. 196.082, F.S.; requiring that
4certain disabled veterans receive a discount from ad
5valorem taxes levied on homestead property; providing
6conditions under which the discount applies; providing
7application procedures; imposing requirements upon
8property appraisers who deny such an application;
9providing for an appeal to the value adjustment board;
10authorizing reapplication in a subsequent year; providing
11requirements for property appraisers in applying the
12discount; amending s. 196.011, F.S.; authorizing the
13governing body of a county to waive the requirement that
14an annual application be made for a veteran's disability
15discount; requiring a veteran receiving such a discount to
16notify the property appraiser of any changes in the use of
17the property or in the degree of disability; providing
18penalties for noncompliance; amending s. 192.0105, F.S.;
19conforming a cross-reference; providing for retroactive
20operation; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Section 196.082, Florida Statutes, is created
25to read:
26     196.082  Discounts for disabled veterans.--
27     (1)  Each veteran who is age 65 or older and is partially
28or totally permanently disabled shall receive a discount from
29the amount of the ad valorem tax otherwise owed on homestead
30property 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
33of entering the military service of the United States; and
34     (c)  The veteran was honorably discharged upon separation
35from military service.
36     (2)  The discount shall be in a percentage equal to the
37percentage of the veteran's permanent, service-connected
38disability as determined by the United States Department of
39Veterans Affairs.
40     (3)  To qualify for the discount granted under this
41section, an applicant must submit to the county property
42appraiser by March 1:
43     (a)  Proof of residency at the time of entering military
44service;
45     (b)  An official letter from the United States Department
46of Veterans Affairs that states the percentage of the veteran's
47service-connected disability and evidence that reasonably
48identifies 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
51discount will apply.
52
53Any applicant who is qualified to receive a discount under this
54section and fails to file an application by March 1 may file an
55application for the discount and may file, pursuant to s.
56194.011(3), a petition with the value adjustment board
57requesting that the discount be granted. Such application and
58petition shall be subject to the same procedures as for
59exemptions set forth in s. 196.011(8).
60     (4)  If the property appraiser denies the request for a
61discount, the property appraiser shall notify the applicant, in
62writing, stating the reasons for denial on or before July 1 of
63the year for which the application was filed. The applicant may
64reapply for the discount in a subsequent year pursuant to the
65procedure provided in this section. All notifications must
66specify the right to appeal to the value adjustment board and
67the procedures to follow in obtaining such an appeal under s.
68196.193(5).
69     (5)  The property appraiser shall apply the discount by
70reducing the taxable value of such property before certifying
71the tax roll to the tax collector.
72     (a)  The property appraiser shall first ascertain all other
73applicable exemptions, including exemptions provided pursuant to
74local option, and deduct all other exemptions from the assessed
75value.
76     (b)  The percentage discount portion of the remaining value
77that is attributable to service-connected disabilities shall be
78subtracted to yield the discounted taxable value.
79     (c)  The resulting taxable value shall be included in the
80certification for use by taxing authorities in setting millage.
81     (d)  The property appraiser shall place the discounted
82amount on the tax roll when it is extended.
83     Section 2.  Subsection (9) of section 196.011, Florida
84Statutes, is amended to read:
85     196.011  Annual application required for exemption.--
86     (9)(a)  A county may, at the request of the property
87appraiser and by a majority vote of its governing body, waive
88the requirement that an annual application or statement be made
89for exemption of property within the county after an initial
90application is made and the exemption granted. The waiver under
91this subsection of the annual application or statement
92requirement applies to all exemptions under this chapter except
93the exemption under s. 196.1995. Notwithstanding such waiver,
94refiling of an application or statement shall be required when
95any property granted an exemption is sold or otherwise disposed
96of, when the ownership changes in any manner, when the applicant
97for homestead exemption ceases to use the property as his or her
98homestead, or when the status of the owner changes so as to
99change the exempt status of the property. In its deliberations
100on whether to waive the annual application or statement
101requirement, the governing body shall consider the possibility
102of fraudulent exemption claims which may occur due to the waiver
103of the annual application requirement. It is the duty of the
104owner of any property granted an exemption who is not required
105to file an annual application or statement to notify the
106property appraiser promptly whenever the use of the property or
107the status or condition of the owner changes so as to change the
108exempt status of the property. If any property owner fails to so
109notify the property appraiser and the property appraiser
110determines that for any year within the prior 10 years the owner
111was not entitled to receive such exemption, the owner of the
112property is subject to the taxes exempted as a result of such
113failure plus 15 percent interest per annum and a penalty of 50
114percent of the taxes exempted. Except for homestead exemptions
115controlled by s. 196.161, it is the duty of the property
116appraiser making such determination to record in the public
117records of the county a notice of tax lien against any property
118owned by that person or entity in the county, and such property
119must be identified in the notice of tax lien. Such property is
120subject to the payment of all taxes and penalties. Such lien
121when filed shall attach to any property, identified in the
122notice of tax lien, owned by the person who illegally or
123improperly received the exemption. Should such person no longer
124own property in that county, but own property in some other
125county or counties in the state, it shall be the duty of the
126property appraiser to record a notice of tax lien in such other
127county or counties, identifying the property owned by such
128person or entity in such county or counties, and it shall become
129a lien against such property in such county or counties.
130     (b)  A county may, at the request of the property appraiser
131and by a majority vote of the governing body of the county,
132waive the requirement that an annual application be made for the
133veteran's disability discount granted pursuant to s. 6(g), Art.
134VII of the State Constitution after an initial application is
135made and the discount is granted. A disabled veteran receiving a
136discount for which annual application has been waived shall
137notify the property appraiser promptly whenever the use of the
138property or the percentage of disability to which the veteran is
139entitled changes. If a disabled veteran fails to notify the
140property appraiser and the property appraiser determines that
141for any year within the prior 10 years the veteran was not
142entitled to receive all or a portion of such discount, the
143penalties and processes in paragraph (a) relating to the failure
144to notify the property appraiser of ineligibility for an
145exemption shall apply.
146     (c)(b)  For any exemption under s. 196.101(2), the
147statement concerning gross income must be filed with the
148property appraiser not later than March 1 of every year.
149     (d)(c)  If an exemption for which the annual application is
150waived pursuant to this subsection will be denied by the
151property appraiser in the absence of the refiling of the
152application, notification of an intent to deny the exemption
153shall be mailed to the owner of the property prior to February
1541. If the property appraiser fails to timely mail such notice,
155the application deadline for such property owner pursuant to
156subsection (1) shall be extended to 28 days after the date on
157which the property appraiser mails such notice.
158     Section 3.  Paragraph (c) of subsection (2) of section
159192.0105, Florida Statutes, is amended to read:
160     192.0105  Taxpayer rights.--There is created a Florida
161Taxpayer's Bill of Rights for property taxes and assessments to
162guarantee that the rights, privacy, and property of the
163taxpayers of this state are adequately safeguarded and protected
164during tax levy, assessment, collection, and enforcement
165processes administered under the revenue laws of this state. The
166Taxpayer's Bill of Rights compiles, in one document, brief but
167comprehensive statements that summarize the rights and
168obligations of the property appraisers, tax collectors, clerks
169of the court, local governing boards, the Department of Revenue,
170and taxpayers. Additional rights afforded to payors of taxes and
171assessments imposed under the revenue laws of this state are
172provided in s. 213.015. The rights afforded taxpayers to assure
173that their privacy and property are safeguarded and protected
174during tax levy, assessment, and collection are available only
175insofar as they are implemented in other parts of the Florida
176Statutes or rules of the Department of Revenue. The rights so
177guaranteed to state taxpayers in the Florida Statutes and the
178departmental rules include:
179     (2)  THE RIGHT TO DUE PROCESS.--
180     (c)  The right to file a petition for exemption or
181agricultural classification with the value adjustment board when
182an application deadline is missed, upon demonstration of
183particular extenuating circumstances for filing late (see ss.
184193.461(3)(a) and 196.011(1), (7), (8), and (9)(d)(c)).
185     Section 4.  This act shall take effect upon becoming a law
186and shall operate retroactively to December 7, 2006.


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