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) IfIn the eventthe homestead of the wheelchair veteran 86 was or is held with the veteran's spouse as an estate by the 87 entirety, and ifin the eventthe 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.