Florida Senate - 2018                                    SB 1600
       
       
        
       By Senator Passidomo
       
       
       
       
       
       28-00768-18                                           20181600__
    1                        A bill to be entitled                      
    2         An act relating to ad valorem taxation; creating s.
    3         196.2003, F.S.; providing definitions; providing for
    4         certain property damaged or destroyed by a natural
    5         disaster in 2017 to receive an abatement of certain
    6         property taxes; specifying procedures for a property
    7         owner to use in applying for an abatement of taxes;
    8         requiring a property appraiser to investigate the
    9         statements contained in applications that are
   10         submitted; specifying procedures for a property
   11         appraiser to use in notifying the tax collector when
   12         an applicant is entitled to an abatement; providing
   13         duties of the tax collector relating to determining
   14         the amount of the disaster relief credit; requiring
   15         the tax collector to reduce taxes in a specified
   16         manner; requiring the tax collector to notify the
   17         Department of Revenue and certain local governing
   18         boards of the reduction in taxes; prohibiting
   19         uninhabitable residential improvements from having any
   20         value placed thereon; providing retroactive
   21         applicability; providing for expiration; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 196.2003, Florida Statutes, is created
   27  to read:
   28         196.2003Abatement of taxes for residential improvements
   29  damaged or destroyed by a natural disaster.
   30         (1)As used in this section, the term:
   31         (a)“Damage differential” means the product arrived at by
   32  multiplying the percent change in value by a ratio, the
   33  numerator of which is the number of months the residential
   34  improvement was rendered uninhabitable, and the denominator of
   35  which is 12.
   36         (b)“Disaster relief credit” means the product arrived at
   37  by multiplying the damage differential by the amount of timely
   38  paid taxes that were initially levied in the year the natural
   39  disaster occurred.
   40         (c)“Natural disaster” means:
   41         1.An event for which the Governor has declared a state of
   42  emergency under s. 252.36; or
   43         2.A sinkhole as defined in s. 627.706.
   44         (d)“Percent change in value” means the percentage
   45  difference between a residential parcel’s just value as of
   46  January 1, 2017, and its postdisaster just value.
   47         (e)“Postdisaster just value” means the just value of a
   48  residential parcel reflecting the destruction and damage caused
   49  by a natural disaster.
   50         (f)“Residential improvement” means a residential dwelling
   51  or house, but does not include a structure that is not essential
   52  to the use and occupancy of the residential dwelling or house,
   53  including, but not limited to, a detached utility building,
   54  detached carport, detached garage, bulkhead, fence, or swimming
   55  pool.
   56         (g)“Uninhabitable” means the loss of use or occupancy of a
   57  residential improvement for the purpose for which it was
   58  constructed, as evidenced by documentation, including, but not
   59  limited to, utility bills, insurance information, contractors’
   60  statements, building permit applications, or building inspection
   61  certificates of occupancy.
   62         (2)If a residential improvement is rendered uninhabitable
   63  due to damage or destruction to the property caused by a natural
   64  disaster during the 2017 calendar year, taxes initially levied
   65  in 2019 may be abated in the following manner:
   66         (a)The property owner must file an application with the
   67  property appraiser as soon as practicable after the damage or
   68  destruction occurs, but no later than March 1, 2019. A property
   69  owner who fails to file an application by March 1, 2019, waives
   70  a claim for abatement of taxes from that natural disaster.
   71         (b)The application must identify the residential parcel on
   72  which the residential improvement was damaged or destroyed by
   73  the natural disaster, the natural disaster that caused the
   74  damage or destruction, the date the damage or destruction
   75  occurred, and the number of months the property was
   76  uninhabitable during the 2017 calendar year.
   77         (c)The application must be verified under oath and is
   78  subject to penalty of perjury.
   79         (d)Upon receipt of the application, the property appraiser
   80  shall investigate the statements contained in the application to
   81  determine if the applicant is entitled to an abatement of taxes.
   82  If the property appraiser determines that the applicant is
   83  entitled to an abatement, the property appraiser must issue an
   84  official written statement to the tax collector by April 1,
   85  2019, which provides:
   86         1.The number of months during the calendar year that the
   87  residential improvement was uninhabitable. In calculating the
   88  number of months, a period of at least 16 days is considered a
   89  full month.
   90         2.The just value of the residential parcel, as determined
   91  by the property appraiser on January 1, 2017.
   92         3.The postdisaster just value of the residential parcel,
   93  as determined by the property appraiser.
   94         4.The percent change in value applicable to the
   95  residential parcel.
   96         (3)Upon receipt of the written statement from the property
   97  appraiser, the tax collector shall calculate the damage
   98  differential and disaster relief credit pursuant to this
   99  section. The tax collector shall reduce the taxes initially
  100  levied on the residential parcel by an amount equal to the
  101  disaster relief credit. If the value of the credit exceeds the
  102  taxes levied in 2019, the remaining value of the credit shall be
  103  applied to taxes due in subsequent years until the value of the
  104  credit is exhausted.
  105         (4)No later than May 1, 2019, the tax collector shall
  106  notify:
  107         (a)The Department of Revenue of the total reduction in
  108  taxes for all properties that received an abatement pursuant to
  109  this section.
  110         (b)The governing board of each affected local government
  111  of the reduction in that local government’s taxes which will
  112  occur pursuant to this section.
  113         (5)For purposes of this section, residential improvements
  114  that are uninhabitable shall have no value placed thereon.
  115         (6)This section applies retroactively to January 1, 2017,
  116  and expires January 1, 2021.
  117         Section 2. This act shall take effect upon becoming a law.