Florida Senate - 2011 CS for CS for SB 1502 By the Committees on Budget; and Military Affairs, Space, and Domestic Security; and Senators Simmons, Dean, and Altman 576-04624-11 20111502c2 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 certain 6 military operations to receive an additional ad 7 valorem tax exemption; designating qualifying military 8 operations; requiring the Department of Revenue to 9 notify property appraisers and tax collectors of the 10 designated military operations; requiring the 11 Department of Military Affairs to submit a report 12 annually of military operations to the President of 13 the Senate, the Speaker of the House of 14 Representatives, and the tax committees of each house 15 of the Legislature; specifying the calculation to be 16 used in determining the exemption amount; requiring 17 that a servicemember apply to the property appraiser 18 to receive the exemption in the year following the 19 year of a qualifying deployment; providing for the 20 application forms to be prescribed by the Department 21 of Revenue and furnished to an applicant by the 22 property appraiser; requiring that a property 23 appraiser consider applications for an exemption 24 within a certain time; providing a definition; 25 amending s. 194.011, F.S.; requiring a person 26 appealing the denial of a deployed servicemember 27 exemption to the value adjustment board to file the 28 appeal within a certain time; amending s. 196.011, 29 F.S.; providing requirements for the forms used for 30 claims for the exemption for deployed servicemembers; 31 authorizing the Department of Revenue to adopt 32 emergency rules; providing for application of the act 33 to qualifying deployments in the 2010 calendar year; 34 providing for the act to apply to tax rolls beginning 35 in 2011; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Section 196.173, Florida Statutes, is created to 40 read: 41 196.173 Exemption for deployed servicemembers.— 42 (1) A servicemember who receives a homestead exemption may 43 receive an additional ad valorem tax exemption on that homestead 44 property as provided in this section. 45 (2) The exemption is available to servicemembers who were 46 deployed during the preceding calendar year on active duty 47 outside the continental United States, Alaska, or Hawaii in 48 support of: 49 (a) Operation Enduring Freedom, which began on October 7, 50 2001; 51 (b) Operation Iraqi Freedom, which began on March 19, 2003, 52 and ended on August 31, 2010; or 53 (c) Operation New Dawn, which began on September 1, 2010. 54 55 The Department of Revenue shall notify all property appraisers 56 and tax collectors in this state of the designated military 57 operations. 58 (3) By January 15 of each year, the Department of Military 59 Affairs shall submit to the President of the Senate, the Speaker 60 of the House of Representatives, and the tax committees of each 61 house of the Legislature a report of all known and unclassified 62 military operations outside the continental United States, 63 Alaska, or Hawaii for which servicemembers based in the 64 continental United States have been deployed during the previous 65 calendar year. The report must include: 66 (a) The official and common names of the military 67 operations; 68 (b) The general location and purpose of each military 69 operation; 70 (c) The date each military operation commenced; and 71 (d) The date each military operation terminated, unless the 72 operation is ongoing. 73 (4) The amount of the exemption is equal to the taxable 74 value of the homestead of the servicemember on January 1 of the 75 year in which the exemption is sought multiplied by the number 76 of days that the servicemember was on a qualifying deployment in 77 the preceding calendar year and divided by the number of days in 78 that year. 79 (5)(a) An eligible servicemember who seeks to claim the 80 additional tax exemption as provided in this section must file 81 an application for exemption with the property appraiser on or 82 before March 1 of the year following the year of the qualifying 83 deployment. The application for the exemption must be made on a 84 form prescribed by the department and furnished by the property 85 appraiser. The form must require a servicemember to include or 86 attach proof of a qualifying deployment, the dates of that 87 deployment, and other information necessary to verify 88 eligibility for and the amount of the exemption. 89 (b) An application may be filed on behalf of an eligible 90 servicemember by his or her spouse if the homestead property to 91 which the exemption applies is held by the entireties or jointly 92 with the right of survivorship, by a person who has been 93 designated by the servicemember to take actions on his or her 94 behalf pursuant to chapter 709, or by the personal 95 representative of the servicemember’s estate. 96 (6) The property appraiser shall consider each application 97 for a deployed servicemember exemption within 30 days after 98 receipt or within 30 days after receiving notice of the 99 designation of qualifying deployments by the Legislature, 100 whichever is later. A property appraiser who finds that the 101 taxpayer is entitled to the exemption shall approve the 102 application and file the application in the permanent records. A 103 property appraiser who finds that the taxpayer is not entitled 104 to the exemption shall send a notice of disapproval no later 105 than July 1, citing the reason for disapproval. The original 106 notice of disapproval shall be sent to the taxpayer and shall 107 advise the taxpayer of the right to appeal the decision to the 108 value adjustment board and shall inform the taxpayer of the 109 procedure for filing such an appeal. 110 (7) As used in this section, the term “servicemember” means 111 a member or former member of any branch of the United States 112 military or military reserves, the United States Coast Guard or 113 its reserves, or the Florida National Guard. 114 Section 2. Paragraph (d) of subsection (3) of section 115 194.011, Florida Statutes, is amended to read: 116 194.011 Assessment notice; objections to assessments.— 117 (3) A petition to the value adjustment board must be in 118 substantially the form prescribed by the department. 119 Notwithstanding s. 195.022, a county officer may not refuse to 120 accept a form provided by the department for this purpose if the 121 taxpayer chooses to use it. A petition to the value adjustment 122 board shall describe the property by parcel number and shall be 123 filed as follows: 124 (d) The petition may be filed, as to valuation issues, at 125 any time during the taxable year on or before the 25th day 126 following the mailing of notice by the property appraiser as 127 provided in subsection (1). With respect to an issue involving 128 the denial of an exemption, an agricultural or high-water 129 recharge classification application, an application for 130 classification as historic property used for commercial or 131 certain nonprofit purposes, or a deferral, the petition must be 132 filed at any time during the taxable year on or before the 30th 133 day following the mailing of the notice by the property 134 appraiser under s. 193.461, s. 193.503, s. 193.625, s. 196.173, 135 or s. 196.193 or notice by the tax collector under s. 197.253. 136 Section 3. Paragraph (b) of subsection (1) of section 137 196.011, Florida Statutes, is amended to read: 138 196.011 Annual application required for exemption.— 139 (1) 140 (b) The form to apply for an exemption under s. 196.031, s. 141 196.081, s. 196.091, s. 196.101, s. 196.173, or s. 196.202 must 142 include a space for the applicant to list the social security 143 number of the applicant and of the applicant’s spouse, if any. 144 If an applicant files a timely and otherwise complete 145 application, and omits the required social security numbers, the 146 application is incomplete. In that event, the property appraiser 147 shall contact the applicant, who may refile a complete 148 application by April 1. Failure to file a complete application 149 by that date constitutes a waiver of the exemption privilege for 150 that year, except as provided in subsection (7) or subsection 151 (8). 152 Section 4. The Department of Revenue is authorized, and all 153 conditions are deemed met, to adopt emergency rules pursuant to 154 ss. 120.536(1) and 120.54, Florida Statutes, to administer the 155 provisions of this act. The emergency rules shall remain in 156 effect for 6 months after the rules are adopted and the rules 157 may be renewed during the pendency of procedures to adopt 158 permanent rules addressing the subject of the emergency rules. 159 Section 5. Notwithstanding the application deadline in s. 160 196.173(5), Florida Statutes, the deadline for an eligible 161 servicemember to file a claim for an additional ad valorem tax 162 exemption for a qualifying deployment during the 2010 calendar 163 year is June 1, 2011. Any applicant who seeks to claim the 164 additional exemption and who fails to file an application by 165 June 1 must file an application for the exemption with the 166 property appraiser on or before the 25th day following the 167 mailing by the property appraiser of the notices required under 168 s. 194.011(1), Florida Statutes. Upon receipt of sufficient 169 evidence, as determined by the property appraiser, demonstrating 170 that the applicant was unable to apply for the exemption in a 171 timely manner or otherwise demonstrating extenuating 172 circumstances judged by the property appraiser to warrant 173 granting the exemption, the property appraiser may grant the 174 exemption. If the applicant fails to produce sufficient evidence 175 demonstrating that the applicant was unable to apply for the 176 exemption in a timely manner or otherwise demonstrating 177 extenuating circumstances as judged by the property appraiser, 178 the applicant may file, pursuant to s. 194.011(3), Florida 179 Statutes, a petition with the value adjustment board requesting 180 that the exemption be granted. Such petition must be filed 181 during the taxable year on or before the 25th day following the 182 mailing of the notice by the property appraiser as provided in 183 s. 194.011(1), Florida Statutes. Notwithstanding the provisions 184 of s. 194.013, Florida Statutes, the applicant must pay a 185 nonrefundable fee of $15 upon filing the petition. Upon 186 reviewing the petition, if the applicant is qualified to receive 187 the exemption and demonstrates particular extenuating 188 circumstances judged by the value adjustment board to warrant 189 granting the exemption, the value adjustment board may grant the 190 exemption for the current year. 191 Section 6. This act shall take effect upon becoming a law, 192 and first applies for ad valorem tax rolls for 2011.