Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 764 Ì451138)Î451138 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/06/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Baxley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (b) of subsection (1) of section 6 196.011, Florida Statutes, is amended to read: 7 196.011 Annual application required for exemption.— 8 (1) 9 (b) The form to apply for an exemption under s. 196.031, s. 10 196.081, s. 196.091, s. 196.101, 196.102, s. 196.173, or s. 11 196.202 must include a space for the applicant to list the 12 social security number of the applicant and of the applicant’s 13 spouse, if any. If an applicant files a timely and otherwise 14 complete application, and omits the required social security 15 numbers, the application is incomplete. In that event, the 16 property appraiser shall contact the applicant, who may refile a 17 complete application by April 1. Failure to file a complete 18 application by that date constitutes a waiver of the exemption 19 privilege for that year, except as provided in subsection (7) or 20 subsection (8). 21 Section 2. Section 196.102, Florida Statutes, is created to 22 read: 23 196.102 Exemption for certain totally and permanently 24 disabled first responders and their surviving spouses.— 25 (1) As used in this section, and not applicable to the 26 payment of benefits under s. 112.19 or s. 112.191, the term: 27 (a) “Disabled” means a physical or cognitive impairment 28 that constitutes or results in a substantial impediment to 29 employment as a first responder. The term does not include a 30 chronic condition or chronic disease, unless the injury 31 sustained in the line of duty was the sole cause of the chronic 32 condition or chronic disease. 33 (b) “First responder” means a law enforcement officer or 34 correctional officer as defined in s. 943.10, a firefighter as 35 defined in s. 633.102, or an emergency medical technician or 36 paramedic as defined in s. 401.23 who is a full-time paid 37 employee, part-time paid employee, or unpaid volunteer. 38 (c) “Cardiac event” means a heart attack, stroke or 39 vascular rupture. 40 (d) “In the line of duty” means: 41 1. While engaging in activities within the course and scope 42 of employment as a first responder; 43 2. While performing an activity relating to fire 44 suppression and prevention; 45 3. While responding to a hazardous material emergency; 46 4. While performing rescue activity; 47 5. While providing emergency medical services; 48 6. While performing disaster relief activity; 49 7. While otherwise engaging in emergency response activity; 50 or 51 8. While engaging in a training exercise related to any of 52 the events or activities enumerated in this paragraph if the 53 training has been authorized by the employing entity. 54 (2) Any real estate that is owned and used as a homestead 55 by a person who is totally and permanently disabled as a result 56 of an injury or injuries sustained in the line of duty while 57 serving as a first responder is exempt from taxation if the 58 first responder is a permanent resident of this state on January 59 1 of the tax year for which the exemption is being claimed. (3) 60 The following documents, if provided Certification to the 61 property appraiser of the county where the property is located, 62 serve as prima facie evidence that the first responder is 63 entitled to the exemption: 64 (a) A certificate of total and permanent disability, in the 65 form set forth in subsection (7), from two licensed physicians 66 of this state who are professionally unrelated, attesting to the 67 applicant’s total and permanent disability. 68 (b) A certificate from the organization that employed the 69 first responder at the time that the injury or injuries 70 occurred. The employer certificate must contain, at a minimum, 71 the information identified in subsection (8). The employer 72 certificate shall be supplemented with extant documentation of 73 the incident or event that caused the injury, such as an 74 accident or incident report. The first responder may deliver the 75 original employer certificate to the property appraiser’s office 76 or the first responder’s employer may directly transmit the 77 employer certificate to the applicable property appraiser. 78 79 Total and permanent disability that results from a cardiac event 80 does not qualify for the exemption provided in this section 81 unless the cardiac event occurs no later than 24 hours after the 82 first responder performed non-routine stressful or strenuous 83 physical activity in the line of duty and the first responder 84 provides the employer with competent medical evidence showing 85 that: 86 1. The non-routine stressful or strenuous activity directly 87 and proximately caused the cardiac event that gave rise to the 88 first responder’s total and permanent disability; and 89 2. The cardiac event was not caused by pre-existing 90 vascular disease. 91 (4)(a) Any real estate owned and used as a homestead by the 92 surviving spouse of a first responder who dies but who had been 93 receiving a tax exemption under subsection (2), is exempt from 94 taxation. 95 (b) The tax exemption provided in paragraph (a) applies as 96 long as the surviving spouse holds the legal or beneficial title 97 to the homestead, permanently resides thereon as specified in s. 98 196.031, and does not remarry. If the surviving spouse sells the 99 property, an exemption not to exceed the amount granted under 100 the most recent ad valorem tax roll may be transferred to the 101 new residence if it is used as the surviving spouse’s primary 102 residence and he or she does not remarry. 103 (5) A first responder may apply for the exemption before 104 producing the necessary documentation described in paragraphs 105 (3)(a) or (b). Upon receipt of the documentation, the exemption 106 shall be granted as of the date of the original application and 107 the excess taxes paid shall be refunded. Any refund of excess 108 taxes paid shall be limited to those paid during the 4-year 109 period of limitation set forth in s. 197.182(1)(e). 110 (6) The provisions of s. 196.011(9) waiving the requirement 111 that an annual application be submitted to the property 112 appraiser and providing lien authority are applicable to 113 applications submitted pursuant to this section. 114 (7) The physician’s certification shall read as follows: 115 116 PHYSICIAN’S CERTIFICATION OF 117 TOTAL AND PERMANENT DISABILITY 118 119 I, (name of physician), a physician licensed pursuant to chapter 120 458 or chapter 459, Florida Statutes, hereby certify that Mr.___ 121 Mrs.___ Miss___ Ms.___ (applicant name and social security 122 number), is totally and permanently disabled, due to the 123 following mental or physical condition(s): 124 125 It is my professional belief that the above-named condition(s) 126 render Mr.___ Mrs.___ Miss___ Ms.___ (applicant name) totally 127 and permanently disabled, and that the foregoing statements are 128 true, correct, and complete to the best of my knowledge and 129 professional belief. 130 131 Signature________________ 132 Address (print) _________ 133 Date_____________________ 134 Florida Board of Medicine or Osteopathic Medicine license number 135 Issued on ____________________. 136 (8) An employer for whom the first responder worked at the 137 time of the injury must provide a certificate that, at a 138 minimum, attests and includes: 139 (a) The title of the person signing the certificate. 140 (b) The name and address of the employing entity. 141 (c) A description of the incident which caused the injury 142 or injuries. 143 (d) A statement that the first responder’s injury or 144 injuries were: 145 1. Directly and proximately caused by service in the line 146 of duty. 147 2. Without willful negligence on the part of the first 148 responder. 149 3. The sole cause of the first responder’s total and 150 permanent disability. 151 (9) Any person who knowingly or willfully gives false 152 information for the purpose of claiming homestead exemption as 153 set forth in this section is guilty of a misdemeanor of the 154 first degree, punishable as provided in s. 775.082 or by fine of 155 not more than $5,000, or both. 156 (10) The Department of Revenue may, and all conditions are 157 deemed to be met to, adopt emergency rules pursuant to ss. 158 120.536(1) and 120.54 to administer the application process for 159 the 2017 calendar year. This subsection is repealed on August 160 30, 2018. 161 (11) The Department of Revenue may adopt rules to 162 administer this section. 163 (12) Notwithstanding the provisions of ss. 196.011 and 164 196.102 the deadline for a first responder to file an 165 application with the property appraiser for an exemption under 166 s. 196.102 for the 2017 tax year is August 1, 2017. The property 167 appraiser may grant an application for an exemption that is 168 filed untimely if: 169 (a) The applicant is qualified for the exemption; and 170 (b) The applicant produces sufficient evidence, as 171 determined by the property appraiser, which demonstrates that 172 the applicant was unable to apply for the exemption in a timely 173 manner or otherwise demonstrates extenuating circumstances that 174 warrant granting the exemption. 175 (13) If the property appraiser denies an application under 176 subsection (12), the deadline to serve notice setting forth the 177 grounds for denial as provided in s. 196.011(6)(a) is extended 178 to 30 days after the date on which the application for exemption 179 is submitted. A denied applicant may file a petition with the 180 value adjustment board as set forth in s. 194.011(3). The 181 petition must be filed on or before the 25th day after the 182 mailing by the property appraiser during the 2017 calendar year 183 of the notice required under s. 194.011(1). Notwithstanding s. 184 194.013, the eligible first responder is not required to pay a 185 filing fee for such petition. Upon review of the petition, the 186 value adjustment board shall grant the exemption if it 187 determines the applicant is qualified and has demonstrated the 188 existence of extenuating circumstances warranting the exemption. 189 Section 3. This act operates prospectively to the 2017 tax 190 roll and does not provide a basis for relief from an assessment 191 of taxes not paid or create a right to a refund of taxes paid 192 before January 1, 2017. 193 Section 4. This act shall take effect upon becoming a law. 194 195 ================= T I T L E A M E N D M E N T ================ 196 And the title is amended as follows: 197 Delete everything before the enacting clause 198 and insert: 199 A bill to be entitled 200 An act relating to ad valorem taxation; amending s. 201 196.011, F.S.; specifying the information to be 202 included in an application for certain tax exemptions; 203 creating s. 196.102, F.S.; providing definitions; 204 providing an exemption from ad valorem taxation for 205 certain first responders under specified conditions; 206 providing an exemption from ad valorem taxation for 207 certain surviving spouses of first responders who have 208 died; specifying the documentation required to receive 209 the exemption; granting rulemaking authority; 210 specifying procedures for receiving a tax exemption 211 for 2017;specifying procedures for denials of tax 212 exemptions; providing applicability; providing an 213 effective date.