Florida Senate - 2011 SB 1502 By Senator Simmons 22-00286B-11 20111502__ 1 A bill to be entitled 2 An act relating to an ad valorem tax exemption for 3 deployed servicemembers; creating s. 196.173, F.S.; 4 providing for certain servicemembers who receive a 5 homestead exemption and who are deployed in a military 6 operation designated by the Legislature to receive an 7 additional ad valorem tax exemption; specifying the 8 calculation to be used in determining the exemption 9 amount; requiring that a servicemember apply to the 10 property appraiser to receive the exemption in the 11 year following the year of a qualifying deployment; 12 providing for the application forms to be prescribed 13 by the Department of Revenue and furnished to an 14 applicant by the property appraiser; requiring that a 15 property appraiser consider applications for an 16 exemption within a certain time; requiring the 17 Secretary of the Senate and the Clerk of the House of 18 Representatives to transmit a copy of a concurrent 19 resolution designating qualifying military operations 20 to the Department of Revenue; requiring the Department 21 of Revenue to notify property appraisers and tax 22 collectors of the designated military operations; 23 requiring the Department of Military Affairs to submit 24 a report annually of military operations to the 25 President of the Senate, the Speaker of the House of 26 Representatives, and the tax committees of each house 27 of the Legislature; providing a definition; 28 authorizing the Department of Revenue to adopt 29 emergency rules; amending s. 194.011, F.S.; requiring 30 a person appealing the denial of a deployed service 31 member exemption to the value adjustment board to file 32 the appeal within a certain time; amending s. 196.011, 33 F.S.; providing requirements for the forms used for 34 claims for the exemption for deployed servicemembers; 35 authorizing the Department of Revenue to adopt 36 emergency rules; providing for application of the act 37 to qualifying deployments in the 2010 calendar year; 38 providing for the act to apply to tax rolls beginning 39 in 2011; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Section 196.173, Florida Statutes, is created to 44 read: 45 196.173 Exemption for deployed servicemembers.— 46 (1) A servicemember who receives a homestead exemption may 47 receive an additional ad valorem tax exemption on that homestead 48 property as provided in this section. 49 (2) The exemption is available to servicemembers who were 50 deployed during the preceding calendar year on active duty 51 outside the continental United States, Alaska, or Hawaii in 52 support of military operations designated by the Legislature in 53 a concurrent resolution. 54 (3) The amount of the exemption is equal to the taxable 55 value of the homestead of the servicemember on January 1 of the 56 year in which the exemption is sought multiplied by the number 57 of days that the servicemember was on a qualifying deployment in 58 the preceding calendar year and divided by the number of days in 59 that year. 60 (4) An eligible servicemember who seeks to claim the 61 additional tax exemption as provided in this section must file 62 an application for exemption with the property appraiser on or 63 before March 1 of the year following the year of the qualifying 64 deployment. The application for the exemption must be made on a 65 form prescribed by the department and furnished by the property 66 appraiser. The form must require a servicemember to include or 67 attach proof of a qualifying deployment, the dates of that 68 deployment, and other information necessary to verify 69 eligibility for and the amount of the exemption. 70 (5) The property appraiser shall consider each application 71 for a deployed servicemember exemption within 30 days after 72 receipt or within 30 days after receiving notice of the 73 designation of qualifying deployments by the Legislature, 74 whichever is later. A property appraiser who finds that the 75 taxpayer is entitled to the exemption shall approve the 76 application and file the application in the permanent records. A 77 property appraiser who finds that the taxpayer is not entitled 78 to the exemption shall send a notice of disapproval no later 79 than July 1, citing the reason for disapproval. The original 80 notice of disapproval shall be sent to the taxpayer and shall 81 advise the taxpayer of the right to appeal the decision to the 82 value adjustment board and shall inform the taxpayer of the 83 procedure for filing such an appeal. 84 (6) The Secretary of the Senate and the Clerk of the House 85 of Representatives shall immediately transmit to the department 86 a copy of any concurrent resolution in which the Legislature 87 designates a military operation that may qualify a servicemember 88 for the ad valorem tax exemption under this section. Upon 89 receipt of the concurrent resolution, the department shall 90 notify all property appraisers and tax collectors in this state 91 of the designated military operations. 92 (7) By January 15 of each year, the Department of Military 93 Affairs shall submit to the President of the Senate, the Speaker 94 of the House of Representatives, and the tax committees of each 95 house of the Legislature a report of all known and unclassified 96 military operations outside the continental United States, 97 Alaska, or Hawaii for which servicemembers based in the 98 continental United States have been deployed during the previous 99 calendar year. The report must include: 100 (a) The official and common names of the military 101 operations; 102 (b) The general location and purpose of each military 103 operation; 104 (c) The number of servicemembers deployed to each military 105 operation; 106 (d) The number of servicemembers deployed to each military 107 operation who were based in this state at the time of 108 deployment, including the number by county of residence or 109 military base, if known; 110 (e) The date each military operation commenced; 111 (f) The date each military operation terminated, unless the 112 operation is ongoing; and 113 (g) Any other relevant information. 114 (8) As used in this section, the term “servicemember” means 115 a member or former member of any branch of the United States 116 military or military reserves, the United States Coast Guard or 117 its reserves, or the Florida National Guard. 118 Section 2. Paragraph (d) of subsection (3) of section 119 194.011, Florida Statutes, is amended to read: 120 194.011 Assessment notice; objections to assessments.— 121 (3) A petition to the value adjustment board must be in 122 substantially the form prescribed by the department. 123 Notwithstanding s. 195.022, a county officer may not refuse to 124 accept a form provided by the department for this purpose if the 125 taxpayer chooses to use it. A petition to the value adjustment 126 board shall describe the property by parcel number and shall be 127 filed as follows: 128 (d) The petition may be filed, as to valuation issues, at 129 any time during the taxable year on or before the 25th day 130 following the mailing of notice by the property appraiser as 131 provided in subsection (1). With respect to an issue involving 132 the denial of an exemption, an agricultural or high-water 133 recharge classification application, an application for 134 classification as historic property used for commercial or 135 certain nonprofit purposes, or a deferral, the petition must be 136 filed at any time during the taxable year on or before the 30th 137 day following the mailing of the notice by the property 138 appraiser under s. 193.461, s. 193.503, s. 193.625, s. 196.173, 139 or s. 196.193 or notice by the tax collector under s. 197.253. 140 Section 3. Paragraph (b) of subsection (1) of section 141 196.011, Florida Statutes, is amended to read: 142 196.011 Annual application required for exemption.— 143 (1) 144 (b) The form to apply for an exemption under s. 196.031, s. 145 196.081, s. 196.091, s. 196.101, s. 196.173, or s. 196.202 must 146 include a space for the applicant to list the social security 147 number of the applicant and of the applicant’s spouse, if any. 148 If an applicant files a timely and otherwise complete 149 application, and omits the required social security numbers, the 150 application is incomplete. In that event, the property appraiser 151 shall contact the applicant, who may refile a complete 152 application by April 1. Failure to file a complete application 153 by that date constitutes a waiver of the exemption privilege for 154 that year, except as provided in subsection (7) or subsection 155 (8). 156 Section 4. The Department of Revenue is authorized and all 157 conditions are deemed met, to adopt emergency rules pursuant to 158 ss. 120.536(1) and 120.54, Florida Statutes, to administer the 159 provisions of this act. The emergency rules shall remain in 160 effect for 6 months after the rules are adopted and the rules 161 may be renewed during the pendency of procedures to adopt 162 permanent rules addressing the subject of the emergency rules. 163 Section 5. Notwithstanding the application deadline in s. 164 196.173(4), Florida Statutes, the deadline for an eligible 165 servicemember to file a claim for an additional ad valorem tax 166 exemption for a qualifying deployment during the 2010 calendar 167 year is June 1, 2011. Any applicant who seeks to claim the 168 additional exemption and who fails to file an application by 169 June 1 must file an application for the exemption with the 170 property appraiser on or before the 25th day following the 171 mailing by the property appraiser of the notices required under 172 s. 194.011(1), Florida Statutes. Upon receipt of sufficient 173 evidence, as determined by the property appraiser, demonstrating 174 the applicant was unable to apply for the exemption in a timely 175 manner or otherwise demonstrating extenuating circumstances 176 judged by the property appraiser to warrant granting the 177 exemption, the property appraiser may grant the exemption. If 178 the applicant fails to produce sufficient evidence demonstrating 179 the applicant was unable to apply for the exemption in a timely 180 manner or otherwise demonstrating extenuating circumstances as 181 judged by the property appraiser, the applicant may file, 182 pursuant to s. 194.011(3), Florida Statutes, a petition with the 183 value adjustment board requesting that the exemption be granted. 184 Such petition must be filed during the taxable year on or before 185 the 25th day following the mailing of the notice by the property 186 appraiser as provided in s. 194.011(1), Florida Statutes. 187 Notwithstanding the provisions of s. 194.013, Florida Statutes, 188 the applicant must pay a nonrefundable fee of $15 upon filing 189 the petition. Upon reviewing the petition, if the applicant is 190 qualified to receive the exemption and demonstrates particular 191 extenuating circumstances judged by the value adjustment board 192 to warrant granting the exemption, the value adjustment board 193 may grant the exemption for the current year. 194 Section 6. Notwithstanding the deadline in s. 196.173(7), 195 Florida Statutes, for the Department of Military Affairs to 196 submit a report of military operations, the department shall 197 submit the report of military operations for the 2010 calendar 198 year within 15 days after this act becomes a law. 199 Section 7. This act shall take effect upon becoming a law, 200 and first applies to ad valorem tax rolls for 2011.