Florida Senate - 2009                                     SB 800
       
       
       
       By Senator Baker
       
       
       
       
       20-00886-09                                            2009800__
    1                        A bill to be entitled                      
    2         An act relating to property appraisers; amending s.
    3         193.023, F.S.; revising property appraisers' authority
    4         to inspect property for assessment purposes; amending
    5         s. 196.011, F.S.; revising required time limitations
    6         for filing applications for homestead exemptions;
    7         revising procedural requirements for property
    8         appraiser approval of such exemptions; amending s.
    9         196.015, F.S.; revising factors for consideration by
   10         property appraisers in determining permanent residency
   11         for homestead exemption purposes; providing an
   12         effective date.
   13         
   14  Be It Enacted by the Legislature of the State of Florida:
   15         
   16         Section 1. Subsection (2) of section 193.023, Florida
   17  Statutes, is amended to read:
   18         193.023 Duties of the property appraiser in making
   19  assessments.—
   20         (2) In making his or her assessment of the value of real
   21  property, the property appraiser is required to physically
   22  inspect the property at least once every 5 years. Where
   23  geographically suitable, and at the discretion of the property
   24  appraiser, the property appraiser may use image technology in
   25  lieu of physical inspection, and may review image technology, as
   26  the property appraiser deems necessary, to ensure that the tax
   27  roll meets all the requirements of law. However, the property
   28  appraiser shall physically inspect any parcel of taxable real
   29  property upon the request of the taxpayer or owner.
   30         Section 2. Subsection (8) of section 196.011, Florida
   31  Statutes, is amended to read:
   32         196.011 Annual application required for exemption.—
   33         (8) Any applicant who is qualified to receive any exemption
   34  under subsection (1) and who fails to file an application by
   35  March 1, must may file an application for the exemption with the
   36  property appraiser on or before the 25th day following the
   37  mailing by the property appraiser of the notices required under
   38  s. 194.011(1). Upon receipt of sufficient evidence, as
   39  determined by the property appraiser, demonstrating the
   40  applicant was unable to apply for the exemption in a timely
   41  manner or otherwise demonstrating extenuating circumstances
   42  judged by the property appraiser to warrant granting the
   43  exemption, the property appraiser may grant the exemption. If
   44  the applicant fails to produce sufficient evidence demonstrating
   45  the applicant was unable to apply for the exemption in a timely
   46  manner or otherwise demonstrating extenuating circumstances as
   47  judged by the property appraiser, the applicant and may file,
   48  pursuant to s. 194.011(3), a petition with the value adjustment
   49  board requesting that the exemption be granted. Such petition
   50  must may be filed at any time during the taxable year on or
   51  before the 25th day following the mailing of the notice by the
   52  property appraiser as provided in s. 194.011(1). Notwithstanding
   53  the provisions of s. 194.013, such person must pay a
   54  nonrefundable fee of $15 upon filing the petition. Upon
   55  reviewing the petition, if the person is qualified to receive
   56  the exemption and demonstrates particular extenuating
   57  circumstances judged by the property appraiser or the value
   58  adjustment board to warrant granting the exemption, the property
   59  appraiser or the value adjustment board may grant the exemption
   60  for the current year.
   61         Section 3. Section 196.015, Florida Statutes, is amended to
   62  read:
   63         196.015 Permanent residency; factual determination by
   64  property appraiser.—Intention to establish a permanent residence
   65  in this state is a factual determination to be made, in the
   66  first instance, by the property appraiser. Although any one
   67  factor is not conclusive of the establishment or
   68  nonestablishment of permanent residence, the following are
   69  relevant factors that may be considered by the property
   70  appraiser in making his or her determination as to the intent of
   71  a person claiming a homestead exemption to establish a permanent
   72  residence in this state:
   73         (1) A formal declaration declarations of domicile by the
   74  applicant recorded in the public records of the county in which
   75  the exemption is being sought.
   76         (2) Evidence of the location where the applicant's
   77  dependent children are registered for school Informal statements
   78  of the applicant.
   79         (3) The place of employment of the applicant.
   80         (4) The previous permanent residency by the applicant in a
   81  state other than Florida or in another country and the date non
   82  Florida residency was terminated.
   83         (5) Proof of voter registration in this state with the
   84  voter-identification-card address of the applicant, or other
   85  official correspondence from the county supervisor of elections
   86  providing proof of voter registration, matching the address of
   87  the physical location where the exemption is being sought The
   88  place where the applicant is registered to vote.
   89         (6) A valid Florida driver's license or Florida
   90  identification card and evidence of relinquishment of driver's
   91  licenses from any other states The place of issuance of a
   92  driver's license to the applicant.
   93         (7) The place of Issuance of a Florida license tag on any
   94  motor vehicle owned by the applicant.
   95         (8) The address as listed on federal income tax returns
   96  filed by the applicant.
   97         (9) The location where the applicant's bank statements and
   98  checking accounts are registered.
   99         (10) Proof of payment for utilities at the property for
  100  which permanent residency is being claimed.
  101         Section 4. This act shall take effect July 1, 2009.