Florida Senate - 2016 CS for CS for SB 488
By the Committees on Finance and Tax; and Community Affairs; and
Senator Flores
593-02543A-16 2016488c2
1 A bill to be entitled
2 An act relating to a county and municipality homestead
3 tax exemption; amending s. 196.075, F.S.; revising the
4 homestead tax exemption that may be adopted by a
5 county or municipality by ordinance for the assessed
6 value of property with a just value less than $250,000
7 which is owned by persons age 65 or older who meet
8 certain residence and income requirements; specifying
9 that just value shall be determined in the first tax
10 year that the owner applies and is eligible for the
11 exemption; providing for a refund of overpaid taxes in
12 prior years; providing retroactive applicability;
13 providing a contingent effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (2) of section 196.075, Florida
18 Statutes, is amended to read:
19 196.075 Additional homestead exemption for persons 65 and
20 older.—
21 (2) In accordance with s. 6(d), Art. VII of the State
22 Constitution, the board of county commissioners of any county or
23 the governing authority of any municipality may adopt an
24 ordinance to allow either or both of the following additional
25 homestead exemptions:
26 (a) Up to $50,000 for a any person who has the legal or
27 equitable title to real estate and maintains thereon the
28 permanent residence of the owner, who has attained age 65, and
29 whose household income does not exceed $20,000.; or
30 (b) The amount of the assessed value of the property for a
31 any person who has the legal or equitable title to real estate
32 with a just value less than $250,000, as determined in the first
33 tax year that the owner applies and is eligible for the
34 exemption, and who has maintained thereon the permanent
35 residence of the owner for at least 25 years, who has attained
36 age 65, and whose household income does not exceed the income
37 limitation prescribed in paragraph (a), as calculated in
38 subsection (3).
39 Section 2. For purposes of s. 196.075(2)(b), Florida
40 Statutes, as amended by this act, the just value determination
41 for a person who received the exemption under s. 196.075(2)(b),
42 Florida Statutes, before the effective date of this act shall be
43 the just value as determined in the first tax year that the
44 owner applied and was eligible for the exemption before the
45 effective date of this act. Such person may reapply for the
46 exemption in subsequent years, regardless of the current just
47 value of his or her homestead property.
48 Section 3. For purposes of s. 196.075(2)(b), Florida
49 Statutes, as amended by this act, a person who received the
50 exemption under s. 196.075(2)(b), Florida Statutes, before the
51 effective date of this act may apply to the tax collector for a
52 refund, pursuant to s. 197.182, Florida Statutes, for any prior
53 year in which the exemption was denied solely because the just
54 value of the homestead property was greater than $250,000. The
55 refund for any year shall be equal to the difference between the
56 previous tax liability for that year without the exemption and
57 the tax liability with the exemption.
58 Section 4. This act shall take effect on the same date that
59 CS/SJR 492 or a similar joint resolution having substantially
60 the same specific intent and purpose takes effect, if such joint
61 resolution is approved by the electors at the general election
62 to be held in November 2016, and shall apply retroactively to
63 the 2013 tax roll for any person who received the exemption
64 under s. 196.075(2)(b) before the effective date of this act.