Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for SB 1588
238948
Senate
Floor: 2/AD/2R
4/10/2008 12:26 PM
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House
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Senator Haridopolos moved the following amendment:
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Senate Amendment (with title amendment)
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Delete line(s) 342-483
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and insert:
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(e) For purposes of receiving an assessment reduction
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pursuant to this subsection, a person entitled to assessment
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under this section may abandon his or her homestead even though
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it remains his or her primary residence by notifying the property
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appraiser of the county where the homestead is located. This
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notification must be in writing and delivered at the same time as
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or before timely filing a new application for homestead exemption
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on the property.
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(f)(e) In order to have his or her homestead property
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assessed under this subsection, a person must file a form
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provided by the department as an attachment to the application
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for homestead exemption. The form, which must include a sworn
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statement attesting to the applicant's entitlement to assessment
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under this subsection, shall be considered sufficient
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documentation for applying for assessment under this subsection.
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provide to the property appraiser a copy of his or her notice of
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proposed property taxes for an eligible prior homestead or other
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similar documentation at the same time he or she applies for the
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homestead exemption, and must sign a sworn statement, on a form
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prescribed by the department, attesting to his or her entitlement
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to the assessment. The department shall require by rule that the
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required form documentation be submitted with the application for
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homestead exemption application under the timeframes and
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processes set forth in chapter 196 to the extent practicable, and
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that the filing of the statement be supported by copies of such
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notices.
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(g)1. If the previous homestead was located in a different
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county than the new homestead, the property appraiser in the
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county where the new homestead is located must transmit a copy of
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the completed form together with a completed application for
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homestead exemption to the property appraiser in the county where
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the previous homestead was located. If the previous homesteads of
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applicants for transfer were in more than one county, each
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applicant from a different county must submit a separate form.
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2. The property appraiser in the county where the previous
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homestead was located must return information to the property
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appraiser in the county where the new homestead is located by
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April 1 or within 2 weeks after receipt of the completed
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application from that property appraiser, whichever is later. As
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part of the information returned, the property appraiser in the
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county where the previous homestead was located must provide
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sufficient information concerning the previous homestead to allow
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the property appraiser in the county where the new homestead is
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located to calculate the amount of the assessment limitation
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difference which may be transferred and must certify whether the
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previous homestead was abandoned and has been or will be
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reassessed at just value or reassessed according to the
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provisions of this subsection as of the January 1 following its
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abandonment.
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3. Based on the information provided on the form from the
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property appraiser in the county where the previous homestead was
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located, the property appraiser in the county where the new
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homestead is located shall calculate the amount of the assessment
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limitation difference which may be transferred and apply the
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difference to the January 1 assessment of the new homestead.
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4. All property appraisers having information-sharing
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agreements with the department are authorized to share
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confidential tax information with each other pursuant to s.
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195.084, including social security numbers and linked information
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on the forms provided pursuant to this section.
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5. The transfer of any limitation is not final until any
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values on the assessment roll on which the transfer is based are
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final. If such values are final after tax notice bills have been
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sent, the property appraiser shall make appropriate corrections
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and a corrected tax notice bill shall be sent. Any values that
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are under administrative or judicial review shall be noticed to
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the tribunal or court for accelerated hearing and resolution so
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that the intent of this subsection may be carried out.
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6. If the property appraiser in the county where the
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previous homestead was located has not provided information
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sufficient to identify the previous homestead and the assessment
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limitation difference is transferable, the taxpayer may file an
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action in circuit court in that county seeking to establish that
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the property appraiser must provide such information.
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7. If the information from the property appraiser in the
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county where the previous homestead was located is provided after
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the procedures in this section are exercised, the property
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appraiser in the county where the new homestead is located shall
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make appropriate corrections and a corrected tax notice and tax
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bill shall be sent.
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8. This subsection does not authorize the consideration or
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adjustment of the just, assessed, or taxable value of the
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previous homestead property.
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9. The property appraiser in the county where the new
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homestead is located shall promptly notify a taxpayer if the
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information received, or available, is insufficient to identify
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the previous homestead and the amount of the assessment
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limitation difference which is transferable. Such notification
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shall be sent on or before July 1 as specified in s. 196.151.
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10. The taxpayer may correspond with the property appraiser
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in the county where the previous homestead was located to further
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seek to identify the homestead and the amount of the assessment
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limitation difference which is transferable.
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11. If the property appraiser in the county where the
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previous homestead was located supplies sufficient information to
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the property appraiser in the county where the new homestead is
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located, such information shall be considered timely if provided
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in time for inclusion on the notice of proposed property taxes
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sent pursuant to ss. 194.011 and 200.065(1).
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12. If the property appraiser has not received information
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sufficient to identify the previous homestead and the amount of
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the assessment limitation difference which is transferable before
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mailing the notice of proposed property taxes, the taxpayer may
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file a petition with the value adjustment board in the county
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where the new homestead is located.
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(h) Any person who is qualified to have his or her property
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assessed under this subsection and who fails to file an
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application by March 1 may file an application for assessment
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under this subsection and may, pursuant to s. 194.011(3), file a
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petition with the value adjustment board requesting that an
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assessment under this subsection be granted. Such petition may be
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filed at any time during the taxable year on or before the 25th
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day following the mailing of the notice by the property appraiser
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as provided in s. 194.011(1). Notwithstanding s. 194.013, such
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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 assessment under this subsection and demonstrates
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particular extenuating circumstances judged by the property
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appraiser or the value adjustment board to warrant granting the
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assessment, the property appraiser or the value adjustment board
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may grant an assessment under this subsection. For the 2008
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assessments, all petitioners for assessment under this subsection
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shall be considered to have demonstrated particular extenuating
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circumstances.
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(i) Any person who is qualified to have his or her property
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assessed under this subsection and who fails to timely file an
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application for his or her new homestead in the first year
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following eligibility may file in a subsequent year. The
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assessment reduction shall be applied to assessed value in the
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year the transfer is first approved, and refunds of tax may not
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be made for previous years.
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(j) The property appraisers of the state shall, as soon as
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete line(s) 15-17
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and insert:
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assessed at less than just value;
4/9/2008 2:16:00 PM 26-07095-08
CODING: Words stricken are deletions; words underlined are additions.