Florida Senate - 2016                                    SB 1622
       
       
        
       By Senator Abruzzo
       
       25-01634-16                                           20161622__
    1                        A bill to be entitled                      
    2         An act relating to homestead property tax exemptions;
    3         amending s. 196.081, F.S.; exempting from taxation the
    4         homestead property of the parent or parents of an
    5         unmarried veteran who died from service-connected
    6         causes while on active duty as a member of the United
    7         States Armed Forces; providing that the production of
    8         a certain letter attesting to the veteran’s death
    9         while on active duty is prima facie evidence for
   10         entitlement to the exemption; providing that the tax
   11         exemption carries over or transfers under certain
   12         circumstances; providing construction with respect to
   13         the applicable tax roll and the date of death;
   14         providing effective dates, one of which is contingent.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 196.081, Florida Statutes, is amended to
   19  read:
   20         196.081 Exemption for certain permanently and totally
   21  disabled veterans and for surviving spouses of veterans;
   22  exemption for surviving spouses of first responders who die in
   23  the line of duty; exemption for the parents of unmarried
   24  veterans who died from service-connected causes.—
   25         (1) Any real estate that is owned and used as a homestead
   26  by a veteran who was honorably discharged with a service
   27  connected total and permanent disability and for whom a letter
   28  from the United States Government or United States Department of
   29  Veterans Affairs or its predecessor has been issued certifying
   30  that the veteran is totally and permanently disabled is exempt
   31  from taxation, if the veteran is a permanent resident of this
   32  state on January 1 of the tax year for which exemption is being
   33  claimed or was a permanent resident of this state on January 1
   34  of the year the veteran died.
   35         (2) The production by a veteran or the spouse or surviving
   36  spouse of a letter of total and permanent disability from the
   37  United States Government or United States Department of Veterans
   38  Affairs or its predecessor before the property appraiser of the
   39  county in which property of the veteran lies is prima facie
   40  evidence of the fact that the veteran or the surviving spouse is
   41  entitled to the exemption.
   42         (3) If the totally and permanently disabled veteran
   43  predeceases his or her spouse and if, upon the death of the
   44  veteran, the spouse holds the legal or beneficial title to the
   45  homestead and permanently resides thereon as specified in s.
   46  196.031, the exemption from taxation carries over to the benefit
   47  of the veteran’s spouse until such time as he or she remarries
   48  or sells or otherwise disposes of the property. If the spouse
   49  sells the property, an exemption not to exceed the amount
   50  granted from the most recent ad valorem tax roll may be
   51  transferred to his or her new residence, as long as it is used
   52  as his or her primary residence and he or she does not remarry.
   53         (4) Any real estate that is owned and used as a homestead
   54  by the surviving spouse of a veteran who died from service
   55  connected causes while on active duty as a member of the United
   56  States Armed Forces and for whom a letter from the United States
   57  Government or United States Department of Veterans Affairs or
   58  its predecessor has been issued certifying that the veteran who
   59  died from service-connected causes while on active duty is
   60  exempt from taxation if the veteran was a permanent resident of
   61  this state on January 1 of the year in which the veteran died.
   62         (a) The production of the letter by the surviving spouse
   63  which attests to the veteran’s death while on active duty is
   64  prima facie evidence that the surviving spouse is entitled to
   65  the exemption.
   66         (b) The tax exemption 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 the most recent ad valorem tax roll may
   72  be transferred to his or her new residence as long as it is used
   73  as his or her primary residence and he or she does not remarry.
   74         (5) An applicant for the exemption under this section may
   75  apply for the exemption before receiving the necessary
   76  documentation from the United States Government or the United
   77  States Department of Veterans Affairs or its predecessor. Upon
   78  receipt of the documentation, the exemption shall be granted as
   79  of the date of the original application, and the excess taxes
   80  paid shall be refunded. Any refund of excess taxes paid shall be
   81  limited to those paid during the 4-year period of limitation set
   82  forth in s. 197.182(1)(e).
   83         (6) Any real estate that is owned and used as a homestead
   84  by the surviving spouse of a first responder who died in the
   85  line of duty while employed by the state or any political
   86  subdivision of the state, including authorities and special
   87  districts, and for whom a letter from the state or appropriate
   88  political subdivision of the state, or other authority or
   89  special district, has been issued which legally recognizes and
   90  certifies that the first responder died in the line of duty
   91  while employed as a first responder is exempt from taxation if
   92  the first responder and his or her surviving spouse were
   93  permanent residents of this state on January 1 of the year in
   94  which the first responder died.
   95         (a) The production of the letter by the surviving spouse
   96  which attests to the first responder’s death in the line of duty
   97  is prima facie evidence that the surviving spouse is entitled to
   98  the exemption.
   99         (b) The tax exemption applies as long as the surviving
  100  spouse holds the legal or beneficial title to the homestead,
  101  permanently resides thereon as specified in s. 196.031, and does
  102  not remarry. If the surviving spouse sells the property, an
  103  exemption not to exceed the amount granted under the most recent
  104  ad valorem tax roll may be transferred to his or her new
  105  residence if it is used as his or her primary residence and he
  106  or she does not remarry.
  107         (c) As used in this subsection only, and not applicable to
  108  the payment of benefits under s. 112.19 or s. 112.191, the term:
  109         1. “First responder” means a law enforcement officer or
  110  correctional officer as defined in s. 943.10, a firefighter as
  111  defined in s. 633.102, or an emergency medical technician or
  112  paramedic as defined in s. 401.23 who is a full-time paid
  113  employee, part-time paid employee, or unpaid volunteer.
  114         2. “In the line of duty” means:
  115         a. While engaging in law enforcement;
  116         b. While performing an activity relating to fire
  117  suppression and prevention;
  118         c. While responding to a hazardous material emergency;
  119         d. While performing rescue activity;
  120         e. While providing emergency medical services;
  121         f. While performing disaster relief activity;
  122         g. While otherwise engaging in emergency response activity;
  123  or
  124         h. While engaging in a training exercise related to any of
  125  the events or activities enumerated in this subparagraph if the
  126  training has been authorized by the employing entity.
  127  
  128  A heart attack or stroke that causes death or causes an injury
  129  resulting in death must occur within 24 hours after an event or
  130  activity enumerated in this subparagraph and must be directly
  131  and proximately caused by the event or activity in order to be
  132  considered as having occurred in the line of duty.
  133         (7)Any real estate that is owned and used as a homestead
  134  by the parent or parents of an unmarried veteran who died from
  135  service-connected causes while on active duty as a member of the
  136  United States Armed Forces and for whom a letter from the United
  137  States Government or United States Department of Veterans
  138  Affairs or its predecessor has been issued certifying that the
  139  veteran who died from service-connected causes while on active
  140  duty is exempt from taxation if the veteran was a permanent
  141  resident of this state on January 1 of the year in which the
  142  veteran died.
  143         (a) The production of the letter by the veteran’s parent or
  144  parents which attests to the veteran’s death while on active
  145  duty is prima facie evidence that the parent or parents are
  146  entitled to the exemption.
  147         (b) The tax exemption carries over to the benefit of the
  148  veteran’s parent or parents as long as the parent or parents
  149  hold legal or beneficial title to the homestead and permanently
  150  reside thereon as specified in s. 196.031. If the parent or
  151  parents sell the property, an exemption not to exceed the amount
  152  granted under the most recent ad valorem tax roll may be
  153  transferred to the new residence as long as it is used as the
  154  primary residence.
  155         Section 2. Construction.—
  156         (1) The revisions to s. 196.081, Florida Statutes, made by
  157  this act operate prospectively to the 2017 tax roll and do not
  158  provide a basis for relief from an assessment of taxes not paid
  159  or create a right to a refund of taxes paid before January 1,
  160  2017.
  161         (2) The provisions of s. 196.081(7), Florida Statutes, as
  162  created by this act, apply to the homestead exemption of the
  163  parent or parents of an unmarried veteran whose death occurs
  164  before, on, or after the effective date of this act.
  165         Section 3. Except as otherwise expressly provided in this
  166  act and except for this section, which shall take effect July 1,
  167  2016, this act shall take effect on the same date that SJR ____,
  168  or a similar joint resolution having substantially the same
  169  specific intent and purpose, takes effect if approved by the
  170  electors at the general election held in November 2016 or at an
  171  earlier special election specifically authorized by law for that
  172  purpose.