Florida Senate - 2023                                     SB 672
       
       
        
       By Senator Avila
       
       
       
       
       
       39-01415-23                                            2023672__
    1                        A bill to be entitled                      
    2         An act relating to homestead property tax exemptions;
    3         amending s. 196.081, F.S.; requiring, rather than
    4         authorizing, a property appraiser to grant the
    5         homestead property tax exemption for certain
    6         permanently and totally disabled veterans or their
    7         surviving spouses if certain conditions are met;
    8         requiring, rather than authorizing, the transfer of
    9         the exemption to a surviving spouse’s new residence
   10         under certain circumstances; requiring, rather than
   11         authorizing, the transfer of the homestead tax
   12         exemption for surviving spouses of certain first
   13         responders who died in the line of duty to the
   14         surviving spouse’s new residence under certain
   15         circumstances; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (b) of subsection (1), subsection (3),
   20  paragraph (b) of subsection (4), and paragraph (b) of subsection
   21  (6) of section 196.081, Florida Statutes, are amended to read:
   22         196.081 Exemption for certain permanently and totally
   23  disabled veterans and for surviving spouses of veterans;
   24  exemption for surviving spouses of first responders who die in
   25  the line of duty.—
   26         (1)
   27         (b) If legal or beneficial title to property is acquired
   28  between January 1 and November 1 of any year by a veteran or his
   29  or her surviving spouse receiving an exemption under this
   30  section on another property for that tax year, the veteran or
   31  his or her surviving spouse shall may receive a refund, prorated
   32  as of the date of transfer, of the ad valorem taxes paid for the
   33  newly acquired property if he or she applies for and receives an
   34  exemption under this section for the newly acquired property in
   35  the next tax year. If the property appraiser finds that the
   36  applicant is entitled to an exemption under this section for the
   37  newly acquired property, the property appraiser shall
   38  immediately make such entries upon the tax rolls of the county
   39  that are necessary to allow the prorated refund of taxes for the
   40  previous tax year.
   41         (3) If the totally and permanently disabled veteran
   42  predeceases his or her spouse and if, upon the death of the
   43  veteran, the spouse holds the legal or beneficial title to the
   44  homestead and permanently resides thereon as specified in s.
   45  196.031, the exemption from taxation carries over to the benefit
   46  of the veteran’s spouse until such time as he or she remarries
   47  or sells or otherwise disposes of the property. If the spouse
   48  sells the property, an exemption not to exceed the amount
   49  granted from the most recent ad valorem tax roll shall may be
   50  transferred to his or her new residence, as long as it is used
   51  as his or her primary residence and he or she does not remarry.
   52         (4) Any real estate that is owned and used as a homestead
   53  by the surviving spouse of a veteran who died from service
   54  connected causes while on active duty as a member of the United
   55  States Armed Forces and for whom a letter from the United States
   56  Government or United States Department of Veterans Affairs or
   57  its predecessor has been issued certifying that the veteran who
   58  died from service-connected causes while on active duty is
   59  exempt from taxation if the veteran was a permanent resident of
   60  this state on January 1 of the year in which the veteran died.
   61         (b) The tax exemption carries over to the benefit of the
   62  veteran’s surviving spouse as long as the spouse holds the legal
   63  or beneficial title to the homestead, permanently resides
   64  thereon as specified in s. 196.031, and does not remarry. If the
   65  surviving spouse sells the property, an exemption not to exceed
   66  the amount granted under the most recent ad valorem tax roll
   67  shall may be transferred to his or her new residence as long as
   68  it is used as his or her primary residence and he or she does
   69  not remarry.
   70         (6) Any real estate that is owned and used as a homestead
   71  by the surviving spouse of a first responder who died in the
   72  line of duty while employed by the state or any political
   73  subdivision of the state, including authorities and special
   74  districts, and for whom a letter from the state or appropriate
   75  political subdivision of the state, or other authority or
   76  special district, has been issued which legally recognizes and
   77  certifies that the first responder died in the line of duty
   78  while employed as a first responder is exempt from taxation if
   79  the first responder and his or her surviving spouse were
   80  permanent residents of this state on January 1 of the year in
   81  which the first responder died.
   82         (b) The tax exemption applies as long as the surviving
   83  spouse holds the legal or beneficial title to the homestead,
   84  permanently resides thereon as specified in s. 196.031, and does
   85  not remarry. If the surviving spouse sells the property, an
   86  exemption not to exceed the amount granted under the most recent
   87  ad valorem tax roll shall may be transferred to his or her new
   88  residence if it is used as his or her primary residence and he
   89  or she does not remarry.
   90         Section 2. This act shall take effect July 1, 2023.