Florida Senate - 2008 SB 1548
By Senator Saunders
37-03032-08 20081548__
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A bill to be entitled
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An act relating to property appraisers; amending s.
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193.023, F.S.; revising authority of the property
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appraiser to inspect property for assessment purposes;
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amending s. 196.011, F.S.; revising required time
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limitations for filing applications for homestead
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exemptions; revising procedural requirements for property
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appraiser approval of such exemptions; amending s.
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196.015, F.S.; revising factors for consideration by
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property appraisers in determining permanent residency for
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homestead exemption purposes; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (2) of section 193.023, Florida
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Statutes, is amended to read:
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193.023 Duties of the property appraiser in making
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assessments.--
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(2) In making his or her assessment of the value of real
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property, the property appraiser is required to physically
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inspect the property at least once every 5 years. Where
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geographically suitable, and at the discretion of the property
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appraiser, the property appraiser may use image technology in
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lieu of physical inspection to ensure that the tax roll meets all
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requirements of the law, and may review image technology, as the
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property appraiser deems necessary, to ensure that the tax roll
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meets all the requirements of law. However, the property
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appraiser shall physically inspect any parcel of taxable real
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property upon the request of the taxpayer or owner.
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Section 2. Subsection (8) of section 196.011, Florida
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Statutes, is amended to read:
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196.011 Annual application required for exemption.--
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(8) Any applicant who is qualified to receive any exemption
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under subsection (1) and who fails to file an application by
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March 1, must may file an application for the exemption with the
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property appraiser on or before the 25th day following the
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mailing by the property appraiser of the notices required under
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s. 194.011(1). Upon receipt of sufficient evidence, as determined
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by the property appraiser, demonstrating the applicant was unable
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to apply for the exemption in a timely manner or otherwise
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demonstrating extenuating circumstances judged by the property
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appraiser to warrant granting the exemption, the property
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appraiser may grant the exemption. If the applicant fails to
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produce sufficient evidence demonstrating the applicant was
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unable to apply for the exemption in a timely manner or otherwise
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demonstrating extenuating circumstances as judged by the property
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appraiser, the applicant and may file, pursuant to s. 194.011(3),
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a petition with the value adjustment board requesting that the
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exemption be granted. Such petition must may be filed at any time
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during the taxable year on or before the 25th day following the
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mailing of the notice by the property appraiser as provided in s.
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person must pay a nonrefundable fee of $15 upon filing the
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petition. Upon reviewing the petition, if the person is qualified
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to receive the exemption and demonstrates particular extenuating
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circumstances judged by the property appraiser or the value
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adjustment board to warrant granting the exemption, the property
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appraiser or the value adjustment board may grant the exemption
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for the current year.
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Section 3. Section 196.015, Florida Statutes, is amended to
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read:
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196.015 Permanent residency; factual determination by
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property appraiser.--Intention to establish a permanent residence
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in this state is a factual determination to be made, in the first
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instance, by the property appraiser. Although any one factor is
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not conclusive of the establishment or nonestablishment of
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permanent residence, the following are relevant factors that may
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be considered by the property appraiser in making his or her
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determination as to the intent of a person claiming a homestead
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exemption to establish a permanent residence in this state:
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(1) A formal declaration declarations of domicile by the
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applicant recorded in the public records of the county in which
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the exemption is being sought.
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(2) Evidence of the location where the applicant's
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dependent children are registered for school Informal statements
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of the applicant.
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(3) The place of employment of the applicant.
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(4) The previous permanent residency by the applicant in a
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state other than Florida or in another country and the date non-
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Florida residency was terminated.
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(5) Proof of voter registration in this state with the
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voter-identification-card address of the applicant matching the
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address of the physical location where the exemption is being
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sought The place where the applicant is registered to vote.
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(6) A valid Florida driver's license and evidence of
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relinquishment of driver's licenses from any other states The
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place of issuance of a driver's license to the applicant.
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(7) The place of Issuance of a Florida license tag on any
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motor vehicle owned by the applicant.
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(8) The address as listed on federal income tax returns
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filed by the applicant.
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(9) The location where the applicant's bank statements and
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checking accounts are registered.
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(10) Proof of payment for utilities at the property for
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which permanent residency is being claimed.
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Section 4. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.