Florida Senate - 2016                       CS for CS for SB 488
       
       
        
       By the Committees on Finance and Tax; and Community Affairs; and
       Senator Flores
       
       593-02543A-16                                          2016488c2
    1                        A bill to be entitled                      
    2         An act relating to a county and municipality homestead
    3         tax exemption; amending s. 196.075, F.S.; revising the
    4         homestead tax exemption that may be adopted by a
    5         county or municipality by ordinance for the assessed
    6         value of property with a just value less than $250,000
    7         which is owned by persons age 65 or older who meet
    8         certain residence and income requirements; specifying
    9         that just value shall be determined in the first tax
   10         year that the owner applies and is eligible for the
   11         exemption; providing for a refund of overpaid taxes in
   12         prior years; providing retroactive applicability;
   13         providing a contingent effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (2) of section 196.075, Florida
   18  Statutes, is amended to read:
   19         196.075 Additional homestead exemption for persons 65 and
   20  older.—
   21         (2) In accordance with s. 6(d), Art. VII of the State
   22  Constitution, the board of county commissioners of any county or
   23  the governing authority of any municipality may adopt an
   24  ordinance to allow either or both of the following additional
   25  homestead exemptions:
   26         (a) Up to $50,000 for a any person who has the legal or
   27  equitable title to real estate and maintains thereon the
   28  permanent residence of the owner, who has attained age 65, and
   29  whose household income does not exceed $20,000.; or
   30         (b) The amount of the assessed value of the property for a
   31  any person who has the legal or equitable title to real estate
   32  with a just value less than $250,000, as determined in the first
   33  tax year that the owner applies and is eligible for the
   34  exemption, and who has maintained thereon the permanent
   35  residence of the owner for at least 25 years, who has attained
   36  age 65, and whose household income does not exceed the income
   37  limitation prescribed in paragraph (a), as calculated in
   38  subsection (3).
   39         Section 2. For purposes of s. 196.075(2)(b), Florida
   40  Statutes, as amended by this act, the just value determination
   41  for a person who received the exemption under s. 196.075(2)(b),
   42  Florida Statutes, before the effective date of this act shall be
   43  the just value as determined in the first tax year that the
   44  owner applied and was eligible for the exemption before the
   45  effective date of this act. Such person may reapply for the
   46  exemption in subsequent years, regardless of the current just
   47  value of his or her homestead property.
   48         Section 3. For purposes of s. 196.075(2)(b), Florida
   49  Statutes, as amended by this act, a person who received the
   50  exemption under s. 196.075(2)(b), Florida Statutes, before the
   51  effective date of this act may apply to the tax collector for a
   52  refund, pursuant to s. 197.182, Florida Statutes, for any prior
   53  year in which the exemption was denied solely because the just
   54  value of the homestead property was greater than $250,000. The
   55  refund for any year shall be equal to the difference between the
   56  previous tax liability for that year without the exemption and
   57  the tax liability with the exemption.
   58         Section 4. This act shall take effect on the same date that
   59  CS/SJR 492 or a similar joint resolution having substantially
   60  the same specific intent and purpose takes effect, if such joint
   61  resolution is approved by the electors at the general election
   62  to be held in November 2016, and shall apply retroactively to
   63  the 2013 tax roll for any person who received the exemption
   64  under s. 196.075(2)(b) before the effective date of this act.