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.