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.