Florida Senate - 2023                              CS for SB 672
       
       
        
       By the Committee on Finance and Tax; and Senator Avila
       
       
       
       
       
       593-02812-23                                           2023672c1
    1                        A bill to be entitled                      
    2         An act relating to homestead property tax exemptions;
    3         amending s. 196.081, F.S.; specifying that certain
    4         permanently and totally disabled veterans or their
    5         surviving spouses are entitled to, rather than may
    6         receive, a prorated refund of ad valorem taxes paid
    7         under certain circumstances; making clarifying changes
    8         relating to the transfer of homestead tax exemptions
    9         by surviving spouses of certain veterans and first
   10         responders; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (b) of subsection (1), subsection (3),
   15  paragraph (b) of subsection (4), and paragraph (b) of subsection
   16  (6) of section 196.081, Florida Statutes, are amended to read:
   17         196.081 Exemption for certain permanently and totally
   18  disabled veterans and for surviving spouses of veterans;
   19  exemption for surviving spouses of first responders who die in
   20  the line of duty.—
   21         (1)
   22         (b) If legal or beneficial title to property is acquired
   23  between January 1 and November 1 of any year by a veteran or his
   24  or her surviving spouse receiving an exemption under this
   25  section on another property for that tax year, the veteran or
   26  his or her surviving spouse is entitled to may receive a refund,
   27  prorated as of the date of transfer, of the ad valorem taxes
   28  paid for the newly acquired property if he or she applies for
   29  and receives an exemption under this section for the newly
   30  acquired property in the next tax year. If the property
   31  appraiser finds that the applicant is entitled to an exemption
   32  under this section for the newly acquired property, the property
   33  appraiser shall immediately make such entries upon the tax rolls
   34  of the county that are necessary to allow the prorated refund of
   35  taxes for the previous tax year.
   36         (3) If the totally and permanently disabled veteran
   37  predeceases his or her spouse and if, upon the death of the
   38  veteran, the spouse holds the legal or beneficial title to the
   39  homestead and permanently resides thereon as specified in s.
   40  196.031, the exemption from taxation carries over to the benefit
   41  of the veteran’s spouse until such time as he or she remarries
   42  or sells or otherwise disposes of the property. If the spouse
   43  sells the property, the spouse may transfer an exemption not to
   44  exceed the amount granted from the most recent ad valorem tax
   45  roll may be transferred to his or her new residence, as long as
   46  it is used as his or her primary residence and he or she does
   47  not remarry.
   48         (4) Any real estate that is owned and used as a homestead
   49  by the surviving spouse of a veteran who died from service
   50  connected causes while on active duty as a member of the United
   51  States Armed Forces and for whom a letter from the United States
   52  Government or United States Department of Veterans Affairs or
   53  its predecessor has been issued certifying that the veteran who
   54  died from service-connected causes while on active duty is
   55  exempt from taxation if the veteran was a permanent resident of
   56  this state on January 1 of the year in which the veteran died.
   57         (b) The tax exemption carries over to the benefit of the
   58  veteran’s surviving spouse as long as the spouse holds the legal
   59  or beneficial title to the homestead, permanently resides
   60  thereon as specified in s. 196.031, and does not remarry. If the
   61  surviving spouse sells the property, the spouse may transfer an
   62  exemption not to exceed the amount granted under the most recent
   63  ad valorem tax roll may be transferred to his or her new
   64  residence as long as it is used as his or her primary residence
   65  and he or she does not remarry.
   66         (6) Any real estate that is owned and used as a homestead
   67  by the surviving spouse of a first responder who died in the
   68  line of duty while employed by the state or any political
   69  subdivision of the state, including authorities and special
   70  districts, and for whom a letter from the state or appropriate
   71  political subdivision of the state, or other authority or
   72  special district, has been issued which legally recognizes and
   73  certifies that the first responder died in the line of duty
   74  while employed as a first responder is exempt from taxation if
   75  the first responder and his or her surviving spouse were
   76  permanent residents of this state on January 1 of the year in
   77  which the first responder died.
   78         (b) The tax exemption applies as long as the surviving
   79  spouse holds the legal or beneficial title to the homestead,
   80  permanently resides thereon as specified in s. 196.031, and does
   81  not remarry. If the surviving spouse sells the property, the
   82  spouse may transfer an exemption not to exceed the amount
   83  granted under the most recent ad valorem tax roll may be
   84  transferred to his or her new residence if it is used as his or
   85  her primary residence and he or she does not remarry.
   86         Section 2. This act shall take effect July 1, 2023.