Florida Senate - 2012                             CS for SB 1058
       
       
       
       By the Committee on Military Affairs, Space, and Domestic
       Security; and Senator Norman
       
       
       
       583-02476-12                                          20121058c1
    1                        A bill to be entitled                      
    2         An act relating to homestead property tax exemptions;
    3         providing a short title; amending s. 196.081, F.S.;
    4         exempting from taxation the homestead property of the
    5         surviving spouse of a first responder who dies in the
    6         line of duty; providing definitions for “first
    7         responder” and “line of duty”; providing construction
    8         with respect the applicable tax roll and the date of
    9         death; providing an appropriation; providing effective
   10         dates, one of which is contingent.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. This act may be cited as the “Fallen Heroes
   15  Family Tax Relief Act.”
   16         Section 2. Section 196.081, Florida Statutes, is amended to
   17  read:
   18         196.081 Exemption for certain permanently and totally
   19  disabled veterans and for surviving spouses of veterans;
   20  exemption for surviving spouses of first responders who die in
   21  the line of duty.—
   22         (1) Any real estate that is owned and used as a homestead
   23  by a veteran who was honorably discharged with a service
   24  connected total and permanent disability and for whom a letter
   25  from the United States Government or United States Department of
   26  Veterans Affairs or its predecessor has been issued certifying
   27  that the veteran is totally and permanently disabled is exempt
   28  from taxation, if the veteran is a permanent resident of this
   29  state on January 1 of the tax year for which exemption is being
   30  claimed or was a permanent resident of this state on January 1
   31  of the year the veteran died.
   32         (2) The production by a veteran or the spouse or surviving
   33  spouse of a letter of total and permanent disability from the
   34  United States Government or United States Department of Veterans
   35  Affairs or its predecessor before the property appraiser of the
   36  county in which property of the veteran lies is prima facie
   37  evidence of the fact that the veteran or the surviving spouse is
   38  entitled to the exemption.
   39         (3) If the totally and permanently disabled veteran
   40  predeceases his or her spouse and if, upon the death of the
   41  veteran, the spouse holds the legal or beneficial title to the
   42  homestead and permanently resides thereon as specified in s.
   43  196.031, the exemption from taxation carries over to the benefit
   44  of the veteran’s spouse until such time as he or she remarries
   45  or sells or otherwise disposes of the property. If the spouse
   46  sells the property, an exemption not to exceed the amount
   47  granted from the most recent ad valorem tax roll may be
   48  transferred to his or her new residence, as long as it is used
   49  as his or her primary residence and he or she does not remarry.
   50         (4)(a) Any real estate that is owned and used as a
   51  homestead by the surviving spouse of a veteran who died from
   52  service-connected causes while on active duty as a member of the
   53  United States Armed Forces and for whom a letter from the United
   54  States Government or United States Department of Veterans
   55  Affairs or its predecessor has been issued certifying that the
   56  veteran who died from service-connected causes while on active
   57  duty is exempt from taxation if the veteran was a permanent
   58  resident of this state on January 1 of the year in which the
   59  veteran died.
   60         (a)(b) The production of the letter by the surviving spouse
   61  which of a letter that was issued as required under paragraph
   62  (a) and that attests to the veteran’s death while on active duty
   63  is prima facie evidence of the fact that the surviving spouse is
   64  entitled to the an exemption under paragraph (a).
   65         (b)(c) The tax exemption that applies under paragraph (a)
   66  to the surviving spouse carries over to the benefit of the
   67  veteran’s surviving spouse as long as the spouse holds the legal
   68  or beneficial title to the homestead, permanently resides
   69  thereon as specified in s. 196.031, and does not remarry. If the
   70  surviving spouse sells the property, an exemption not to exceed
   71  the amount granted under from the most recent ad valorem tax
   72  roll may be transferred to his or her new residence as long as
   73  it is used as his or her primary residence and he or she does
   74  not remarry.
   75         (5) Any real estate that is owned and used as a homestead
   76  by the surviving spouse of a first responder who died in the
   77  line of duty while employed by the state or any political
   78  subdivision of the state, including authorities and special
   79  districts, and for whom a letter from the state or appropriate
   80  political subdivision of the state, or other authority or
   81  special district, has been issued which legally recognizes and
   82  certifies that the first responder died in the line of duty
   83  while employed as a first responder is exempt from taxation if
   84  the first responder and his or her surviving spouse were
   85  permanent residents of this state on January 1 of the year in
   86  which the first responder died.
   87         (a) The production of the letter by the surviving spouse
   88  which attests to the first responder’s death in the line of duty
   89  is prima facie evidence that the surviving spouse is entitled to
   90  the exemption.
   91         (b) The tax exemption carries over to the benefit of the
   92  first responder’s surviving spouse as long as the spouse holds
   93  the legal or beneficial title to the homestead, permanently
   94  resides thereon as specified in s. 196.031, and does not
   95  remarry. If the surviving spouse sells the property, an
   96  exemption not to exceed the amount granted under the most recent
   97  ad valorem tax roll may be transferred to his or her new
   98  residence if it is used as his or her primary residence and he
   99  or she does not remarry.
  100         (c) As used in this subsection only, and not applicable to
  101  the payment of benefits under s. 112.19 or s. 112.191, the term:
  102         1.“First responder” means a law enforcement officer or
  103  correctional officer as defined in s. 943.10, a firefighter as
  104  defined in s. 633.30, or an emergency medical technician or
  105  paramedic as defined in s. 401.23 who is a full-time paid
  106  employee, part-time paid employee, or unpaid volunteer.
  107         2. “In the line of duty” means:
  108         a. While engaging in law enforcement;
  109         b. While performing an activity relating to fire
  110  suppression and prevention;
  111         c. While responding to a hazardous material emergency;
  112         d. While performing rescue activity;
  113         e. While providing emergency medical services;
  114         f. While performing disaster relief activity;
  115         g. While otherwise engaging in emergency response activity;
  116  or
  117         h. While engaging in a training exercise related to any of
  118  the events or activities enumerated in this subparagraph if the
  119  training has been authorized by the employing entity.
  120  
  121  A heart attack or stroke that causes death or causes an injury
  122  resulting in death must occur within 24 hours after an event or
  123  activity enumerated in this subparagraph and must be directly
  124  and proximately caused by the event or activity in order to be
  125  considered as having occurred in the line of duty.
  126         Section 3. Construction.—
  127         (1) The revisions to s. 196.081, Florida Statutes, made by
  128  this act operate prospectively to the 2013 tax roll and do not
  129  provide a basis for relief from an assessment of taxes not paid
  130  or create a right to a refund of taxes paid before January 1,
  131  2013.
  132         (2) The provisions of s. 196.081(5), Florida Statutes, as
  133  created by this act apply to the homestead exemption of the
  134  surviving spouse of a first responder whose deaths occurs
  135  before, on, or after the effective date of this act.
  136         Section 4. Effective July 1, 2012, the sum of $100,302 in
  137  nonrecurring funds is appropriated from the General Revenue Fund
  138  to the Department of State for purposes of publishing, as
  139  required under s. 5(d), Article XI of the State Constitution,
  140  the proposed constitutional amendment contained in Committee
  141  Substitute for Senate Joint Resolution 1056, or a similar joint
  142  resolution having substantially the same specific intent and
  143  purpose.
  144         Section 5. Except as otherwise expressly provided in this
  145  act and except for this section, which shall take effect July 1,
  146  2012, this act shall take effect on the same date that CS for
  147  SJR 1056, or a similar joint resolution having substantially the
  148  same specific intent and purpose, takes effect if approved by
  149  the electors at the general election held in November 2012 or at
  150  an earlier special election specifically authorized by law for
  151  that purpose.