Florida Senate - 2009                                    SB 2138
       
       
       
       By Senator Dean
       
       
       
       
       3-00210-09                                            20092138__
    1                        A bill to be entitled                      
    2         An act relating to disabled veterans; amending ss.
    3         196.081 and 196.091, F.S.; exempting homesteads owned
    4         by disabled veterans from non-ad valorem assessments;
    5         providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Section 196.081, Florida Statutes, is amended to
   10  read:
   11         196.081 Exemption for certain permanently and totally
   12  disabled veterans and for surviving spouses of veterans.—
   13         (1) Any real estate that is owned and used as a homestead
   14  by a veteran who was honorably discharged with a service
   15  connected total and permanent disability and for whom a letter
   16  from the United States Government or United States Department of
   17  Veterans Affairs or its predecessor has been issued certifying
   18  that the veteran is totally and permanently disabled is exempt
   19  from taxation and non-ad valorem assessments, if the veteran is
   20  a permanent resident of this state on January 1 of the tax year
   21  for which exemption is being claimed or was a permanent resident
   22  of this state on January 1 of the year the veteran died.
   23         (2) The production by a veteran or the spouse or surviving
   24  spouse of a letter of total and permanent disability from the
   25  United States Government or United States Department of Veterans
   26  Affairs or its predecessor before the property appraiser of the
   27  county in which property of the veteran lies is prima facie
   28  evidence of the fact that the veteran or the surviving spouse is
   29  entitled to the exemption.
   30         (3) If the totally and permanently disabled veteran
   31  predeceases his or her spouse and if, upon the death of the
   32  veteran, the spouse holds the legal or beneficial title to the
   33  homestead and permanently resides thereon as specified in s.
   34  196.031, the exemption from taxation carries over to the benefit
   35  of the veteran's spouse until such time as he or she remarries
   36  or sells or otherwise disposes of the property. If the spouse
   37  sells the property, an exemption not to exceed the amount
   38  granted from the most recent ad valorem tax roll may be
   39  transferred to his or her new residence, as long as it is used
   40  as his or her primary residence and he or she does not remarry.
   41         (4)(a) Any real estate that is owned and used as a
   42  homestead by the surviving spouse of a veteran who died from
   43  service-connected causes while on active duty as a member of the
   44  United States Armed Forces and for whom a letter from the United
   45  States Government or United States Department of Veterans
   46  Affairs or its predecessor has been issued certifying that the
   47  veteran who died from service-connected causes while on active
   48  duty is exempt from taxation if the veteran was a permanent
   49  resident of this state on January 1 of the year in which the
   50  veteran died.
   51         (b) The production by the surviving spouse of a letter that
   52  was issued as required under paragraph (a) and that attests the
   53  veteran's death while on active duty is prima facie evidence of
   54  the fact that the surviving spouse is entitled to an exemption
   55  under paragraph (a).
   56         (c) The tax exemption that applies under paragraph (a) to
   57  the surviving spouse carries over to the benefit of the
   58  veteran's surviving spouse as long as the spouse holds the legal
   59  or beneficial title to the homestead, permanently resides
   60  thereon as specified in s. 196.031, and does not remarry. If the
   61  surviving spouse sells the property, an exemption not to exceed
   62  the amount granted from the most recent ad valorem tax roll may
   63  be transferred to his or her new residence as long as it is used
   64  as his or her primary residence and he or she does not remarry.
   65         Section 2. Section 196.091, Florida Statutes, is amended to
   66  read:
   67         196.091 Exemption for disabled veterans confined to
   68  wheelchairs.—
   69         (1) Any real estate used and owned as a homestead by an ex
   70  servicemember who has been honorably discharged with a service
   71  connected total disability and who has a certificate from the
   72  United States Government or United States Department of Veterans
   73  Affairs or its predecessor, or its successors, certifying that
   74  the ex-servicemember is receiving or has received special
   75  pecuniary assistance due to disability requiring specially
   76  adapted housing and required to use a wheelchair for his or her
   77  transportation is exempt from taxation and non-ad valorem
   78  assessments.
   79         (2) The production by an ex-servicemember of a certificate
   80  of disability from the United States Government or the United
   81  States Department of Veterans Affairs or its predecessor before
   82  the property appraiser of the county wherein his or her property
   83  lies is prima facie evidence of the fact that he or she is
   84  entitled to such exemptions.
   85         (3) If In the event the homestead of the wheelchair veteran
   86  was or is held with the veteran's spouse as an estate by the
   87  entirety, and if in the event the veteran did or shall
   88  predecease his or her spouse, the exemption from taxation shall
   89  carry over to the benefit of the veteran's spouse, provided the
   90  spouse continues to reside on such real estate and uses it as
   91  his or her domicile or until such time as he or she remarries or
   92  sells or otherwise disposes of the property.
   93         Section 3. This act shall take effect January 1, 2010.