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.