Florida Senate - 2017                                     SB 390
       
       
        
       By Senator Hutson
       
       7-00480A-17                                            2017390__
    1                        A bill to be entitled                      
    2         An act relating to reimbursement of certain taxes;
    3         providing definitions; authorizing partial
    4         reimbursement of ad valorem taxes paid on homestead
    5         properties that are rendered uninhabitable from damage
    6         inflicted by a hurricane during 2016; requiring that
    7         application for such reimbursement be made with the
    8         property appraiser by a specified date; providing
    9         application requirements; requiring that the property
   10         owner provide documentation that the property was
   11         uninhabitable; requiring each property appraiser to
   12         determine an owner’s entitlement to reimbursement and
   13         the reimbursement amount using a specified formula;
   14         limiting the reimbursement amount; authorizing an
   15         owner to file a petition with the value adjustment
   16         board if the application for reimbursement is not
   17         fully granted; requiring property appraisers to submit
   18         reimbursement lists to the Department of Revenue by a
   19         specified date; requiring that the department retain
   20         funds for the purpose of paying claims that are
   21         subsequently granted by a value adjustment board;
   22         requiring the department to determine the total
   23         reimbursement payments and to disburse checks from a
   24         specified trust fund; prohibiting knowingly and
   25         willingly giving false information for the purpose of
   26         claiming reimbursement; providing a criminal penalty;
   27         requiring that undeliverable reimbursement checks be
   28         forwarded to the certifying property appraiser;
   29         providing appropriations; providing for certifying
   30         forward unexpended funds; providing for reimbursement
   31         of the state sales tax paid on the purchase of a
   32         mobile home to replace a mobile home that experienced
   33         major damage from a hurricane during 2016; requiring
   34         that application for such reimbursement be made with
   35         the property appraiser; providing application
   36         requirements; requiring that the owner provide
   37         documentation of damage to the mobile home; requiring
   38         each property appraiser to determine an owner’s
   39         entitlement to reimbursement; requiring the department
   40         to calculate reimbursement amounts; limiting the
   41         reimbursement amount; requiring property appraisers to
   42         submit reimbursement lists to the department by a
   43         specified date; authorizing an owner to file a
   44         petition with the value adjustment board if the
   45         application for reimbursement is not fully granted;
   46         requiring that the department retain funds for the
   47         purpose of paying claims that are subsequently granted
   48         by a value adjustment board; requiring the department
   49         to determine the total reimbursement payments;
   50         providing a criminal penalty for a specified
   51         prohibited act; providing an appropriation; providing
   52         legislative intent; providing an effective date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Partial reimbursement for ad valorem taxes paid
   57  on residential property rendered uninhabitable due to a
   58  hurricane during 2016.—
   59         (1)As used in this section, the term “uninhabitable” means
   60  a residential structure that cannot be used for a period of 60
   61  days or more for the purpose for which it was constructed as a
   62  result of damage from a hurricane during 2016. However, if a
   63  property owner lives in an uninhabitable structure because
   64  alternative living quarters are unavailable, the owner is
   65  eligible for a partial reimbursement as provided in this
   66  section.
   67         (2)(a)If a residential structure has been granted a
   68  homestead exemption under s. 196.031, Florida Statutes, and the
   69  structure is rendered uninhabitable as a result of damage from a
   70  hurricane during 2016, the ad valorem taxes paid for that
   71  residential structure for the 2016 tax year shall be partially
   72  reimbursed as set forth in this section.
   73         (b)An owner must file a notarized application on or before
   74  March 1, 2018, with the property appraiser of the county in
   75  which the uninhabitable structure is located. Failure to file
   76  such application on or before March 1, 2018, constitutes a
   77  waiver of any claim for reimbursement under this section. The
   78  application must be filed in the manner and form prescribed by
   79  the property appraiser and must, at a minimum, identify the
   80  uninhabitable structure, the date the damage occurred, and the
   81  number of days the property was uninhabitable. Documentation
   82  supporting the claim that the property was uninhabitable must
   83  accompany the application. Such documentation may include
   84  utility bills, insurance information, contractors’ statements,
   85  building permit applications, and building code inspections or
   86  certificates of occupancy.
   87         (3)(a)Upon receipt of the application, the property
   88  appraiser shall review the documentation contained therein to
   89  determine whether the owner is entitled to a partial
   90  reimbursement under this section. If the property appraiser
   91  determines that the owner is entitled to reimbursement, the
   92  property appraiser must calculate the reimbursement amount. The
   93  reimbursement shall be an amount equal to the total ad valorem
   94  taxes paid on the homestead property for the 2016 tax year,
   95  multiplied by a ratio equal to the number of days the property
   96  was uninhabitable after the damage occurred during 2016 divided
   97  by 366. However, the amount of reimbursement may not exceed
   98  $1,500.
   99         (b)The property appraiser shall compile a list of property
  100  owners entitled to a partial reimbursement and shall specify the
  101  amount each property owner shall receive. The list shall be
  102  submitted to the Department of Revenue by April 1, 2018, through
  103  an online application provided by the department.
  104         (4)(a)The property appraiser shall notify an owner by mail
  105  if the property appraiser determines that the owner is not
  106  entitled to receive the reimbursement for which the owner
  107  applied. Such notification must be made on or before April 1,
  108  2018. If an owner’s application for reimbursement is not fully
  109  granted, the owner may file a petition with the value adjustment
  110  board for review of that decision. The petition must be filed
  111  with the value adjustment board within 30 days after the mailing
  112  of the notice by the property appraiser.
  113         (b)The value adjustment board must review the petitions as
  114  expeditiously as possible at the same time the board is
  115  considering denials of homestead exemptions pursuant to ss.
  116  194.032 and 196.151, Florida Statutes.
  117         (c)By May 10, 2018, the property appraiser shall notify
  118  the department of the total dollar amount of reimbursements
  119  denied for which petitions with the value adjustment board have
  120  been filed.
  121         (5)(a)Upon receipt of the reimbursement lists from the
  122  property appraisers, but before disbursing any reimbursement
  123  checks, the department shall set aside a dollar amount equal to
  124  the total amount of money requested in petitions that were filed
  125  with value adjustment boards, or $700,000, whichever is less.
  126  Thereafter, the department shall calculate the total dollar
  127  value of all approved reimbursement requests submitted by the
  128  property appraisers and shall distribute reimbursement checks in
  129  accordance with paragraph (3)(a) to property owners whose
  130  applications for reimbursement were approved by the property
  131  appraiser. If the total amount of reimbursements requested
  132  exceeds the amount available for that purpose, the department
  133  shall reduce all reimbursement checks by a percentage sufficient
  134  to reduce total reimbursement payments to an amount equal to the
  135  appropriation, less any amount retained to pay for requests made
  136  in petitions that were filed with value adjustment boards.
  137         (b)The retained amount set aside pursuant to paragraph (a)
  138  shall be used to pay claims that the property appraiser denied
  139  but which the value adjustment boards granted. The department
  140  may not pay claims for reimbursement from this retained amount
  141  until all appeals to the value adjustment boards are final. If
  142  reimbursements made under paragraph (a) were reduced by the
  143  department, reimbursements granted by the value adjustment
  144  boards shall be reduced by the same percentage. If the total
  145  adjusted reimbursements approved by the value adjustment boards
  146  exceed the amount retained by the department for paying these
  147  reimbursements, the department shall reduce these reimbursement
  148  checks by a percentage sufficient to reduce total reimbursement
  149  payments to an amount equal to the amount retained.
  150         (c)The department shall disburse reimbursement checks from
  151  its Administrative Trust Fund to the persons indicated in the
  152  reimbursement lists and shall forward all undeliverable
  153  reimbursement checks to the certifying property appraiser for
  154  subsequent delivery attempts.
  155         (6)A person who knowingly and willfully gives false
  156  information for the purpose of claiming reimbursement under this
  157  section commits a misdemeanor of the first degree, punishable as
  158  provided in s. 775.082, Florida Statutes, or by a fine not
  159  exceeding $5,000, or both.
  160         Section 2. Reimbursement for sales taxes paid to replace
  161  mobile homes damaged by a hurricane during 2016.—
  162         (1)As used in this section, the term:
  163         (a)“Major damage” means that a mobile home that, as a
  164  result of damage from a hurricane during 2016, is more than 50
  165  percent destroyed and cannot be repaired or made habitable for
  166  less than the amount of its value before the hurricane during
  167  2016.
  168         (b)“Mobile home” means a mobile home as defined in s.
  169  320.01(2)(a), Florida Statutes, a manufactured home as defined
  170  in s. 320.01(2)(b), Florida Statutes, or a trailer as defined in
  171  s. 320.08(10), Florida Statutes.
  172         (c)“Permanent residence” and “permanent resident” have the
  173  same meanings as provided in s. 196.012, Florida Statutes.
  174         (2)If a mobile home is purchased to replace a mobile home
  175  that experienced major damage and the mobile home was the
  176  permanent residence of a permanent resident of this state, the
  177  state sales tax paid on the purchase of the replacement mobile
  178  home shall be reimbursed in the following manner:
  179         (a)A notarized application must be filed on or before May
  180  1, 2018, by the owner with the property appraiser of the county
  181  in which the damaged mobile home was located. Failure to file
  182  such application on or before May 1, 2018, constitutes a waiver
  183  of any claim for reimbursement under this section. The
  184  application must be filed in the manner and form prescribed by
  185  the property appraiser.
  186         (b)The application must identify the mobile home that
  187  experienced major damage and the date the damage occurred.
  188  Documentation attesting to major damage of the mobile home, a
  189  copy of the invoice for the replacement mobile home, and a copy
  190  of the invoice for the installation of the replacement mobile
  191  home in the state must accompany the application. Documentation
  192  attesting to the major damage may include insurance information,
  193  information from the Federal Emergency Management Agency, and
  194  information from the American Red Cross.
  195         (3)Upon receipt of the application, the property appraiser
  196  shall investigate the documentation contained therein to verify
  197  the mobile home experienced major damage and shall calculate the
  198  reimbursement amount by calculating an amount equal to the state
  199  sales tax paid on the purchase price of the replacement mobile
  200  home, as determined by the tax tables of the Department of
  201  Revenue. However, the amount of reimbursement may not exceed
  202  $1,500 for any individual mobile home. The property appraiser
  203  shall compile a list of owners entitled to reimbursement and
  204  shall submit the reimbursement list to the Department of Revenue
  205  by June 1, 2018, through an online application provided by the
  206  department.
  207         (4)(a)The property appraiser shall notify the owner by
  208  mail if the property appraiser determines that the owner is not
  209  entitled to receive the reimbursement that he or she applied for
  210  under this section. Such notification must be made on or before
  211  June 1, 2018. The owner may file a petition with the value
  212  adjustment board for review of that decision. The petition must
  213  be filed with the value adjustment board within 30 days after
  214  the mailing of the notice by the property appraiser.
  215         (b)The value adjustment board shall consider these
  216  petitions as expeditiously as possible at the same time the
  217  board considers denials of homestead exemptions pursuant to ss.
  218  194.032 and 196.151, Florida Statutes.
  219         (c)By July 10, 2018, the property appraiser shall notify
  220  the department of the total number of applications which were
  221  denied but for which petitions with the value adjustment board
  222  have been filed. The department shall determine the total dollar
  223  value of all petitions which were filed with the value
  224  adjustment boards.
  225         (5)(a)Upon receipt of the reimbursement lists from the
  226  property appraisers, but before disbursing any reimbursement
  227  checks, the department shall set aside a dollar amount equal to
  228  the total amount of money requested in the petitions that were
  229  filed with the value adjustment boards, or $500,000, whichever
  230  is less. Thereafter, the department shall calculate the total
  231  dollar value of all approved reimbursement requests submitted by
  232  the property appraisers and shall distribute reimbursement
  233  checks in accordance with the provisions of subsection (3) to
  234  owners whose applications for reimbursement were granted by the
  235  property appraiser. If the total amount of reimbursements
  236  requested exceeds the amount available for that purpose, the
  237  department shall reduce all reimbursement checks by a percentage
  238  sufficient to reduce total reimbursement payments to an amount
  239  equal to the appropriation, less any amount retained to pay for
  240  requests made in petitions that were filed with value adjustment
  241  boards.
  242         (b)The retained amount set aside under paragraph (a) shall
  243  be used to pay those claims that were denied by the property
  244  appraiser but which the value adjustment boards granted. The
  245  department may not pay claims for reimbursement from this
  246  retained amount until all appeals to the value adjustment boards
  247  are final. If reimbursements made under paragraph (a) were
  248  reduced by the department, reimbursements granted by the value
  249  adjustment boards shall be reduced by the same percentage. If
  250  the total adjusted reimbursements approved by the value
  251  adjustment boards exceed the amount retained by the department
  252  for paying these reimbursements, the department shall further
  253  reduce all reimbursement checks by a percentage sufficient to
  254  reduce these reimbursement payments to an amount equal to the
  255  amount retained.
  256         (c)The department shall disburse reimbursement checks from
  257  its Administrative Trust Fund to the persons indicated in the
  258  reimbursement lists and shall forward all undeliverable
  259  reimbursement checks to the certifying property appraiser for
  260  subsequent delivery attempts.
  261         (6)A person who receives reimbursement under section 1 is
  262  not eligible for the reimbursement provided by this section.
  263         (7)A person who knowingly and willfully gives false
  264  information for the purpose of claiming reimbursement under this
  265  section commits a misdemeanor of the first degree, punishable as
  266  provided in s. 775.082, Florida Statutes, or by a fine not
  267  exceeding $5,000, or both.
  268         Section 3. The sum of $4 million is appropriated from the
  269  General Revenue Fund to the Administrative Trust Fund of the
  270  Department of Revenue for purposes of providing reimbursements
  271  under section 1 of this act.
  272         Section 4. The sum of $2 million is appropriated from the
  273  General Revenue Fund to the Administrative Trust Fund of the
  274  Department of Revenue for purposes of providing state sales tax
  275  reimbursements under section 2 of this act.
  276         Section 5. The sum of $60,000 is appropriated from the
  277  General Revenue Fund to the Administrative Trust Fund of the
  278  Department of Revenue for purposes of administering this act.
  279         Section 6. Notwithstanding the provisions of s. 216.301,
  280  Florida Statutes, to the contrary and in accordance with s.
  281  216.351, Florida Statutes, the Executive Office of the Governor
  282  shall, on July 1, certify forward all unexpended funds
  283  appropriated pursuant to this act.
  284         Section 7. It is the intent of the Legislature that
  285  payments made to residents under this act be considered
  286  disaster-relief assistance within the meaning of s. 139 of the
  287  Internal Revenue Code.
  288         Section 8. This act shall take effect July 1, 2017.