Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 488
       
       
       
       
       
       
                                Ì5621945Î562194                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/25/2016           .                                
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       The Committee on Finance and Tax (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 196.075, Florida
    6  Statutes, is amended to read:
    7         196.075 Additional homestead exemption for persons 65 and
    8  older.—
    9         (2) In accordance with s. 6(d), Art. VII of the State
   10  Constitution, the board of county commissioners of any county or
   11  the governing authority of any municipality may adopt an
   12  ordinance to allow either or both of the following additional
   13  homestead exemptions:
   14         (a) Up to $50,000 for a any person who has the legal or
   15  equitable title to real estate and maintains thereon the
   16  permanent residence of the owner, who has attained age 65, and
   17  whose household income does not exceed $20,000.; or
   18         (b) The amount of the assessed value of the property for a
   19  any person who has the legal or equitable title to real estate
   20  with a just value less than $250,000, as determined in the first
   21  tax year that the owner applies and is eligible for the
   22  exemption, and who has maintained thereon the permanent
   23  residence of the owner for at least 25 years, who has attained
   24  age 65, and whose household income does not exceed the income
   25  limitation prescribed in paragraph (a), as calculated in
   26  subsection (3).
   27         Section 2. For purposes of s. 196.075(2)(b), Florida
   28  Statutes, as amended by this act, the just value determination
   29  for a person who received the exemption under s. 196.075(2)(b),
   30  Florida Statutes, before the effective date of this act shall be
   31  the just value as determined in the first tax year that the
   32  owner applied and was eligible for the exemption before the
   33  effective date of this act. Such person may reapply for the
   34  exemption in subsequent years, regardless of the current just
   35  value of his or her homestead property.
   36         Section 3. For purposes of s. 196.075(2)(b), Florida
   37  Statutes, as amended by this act, a person who received the
   38  exemption under s. 196.075(2)(b), Florida Statutes, before the
   39  effective date of this act may apply to the tax collector for a
   40  refund, pursuant to s. 197.182, Florida Statutes, for any prior
   41  year in which the exemption was denied solely because the just
   42  value of the homestead property was greater than $250,000. The
   43  refund for any year shall be equal to the difference between the
   44  previous tax liability for that year without the exemption and
   45  the tax liability with the exemption.
   46         Section 4. This act shall take effect on the same date that
   47  CS/SJR 492 or a similar joint resolution having substantially
   48  the same specific intent and purpose takes effect, if such joint
   49  resolution is approved by the electors at the general election
   50  to be held in November 2016, and shall apply retroactively to
   51  the 2013 tax roll for any person who received the exemption
   52  under s. 196.075(2)(b) before the effective date of this act.
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete everything before the enacting clause
   57  and insert:
   58                        A bill to be entitled                      
   59         An act relating to a county and municipality homestead
   60         tax exemption; amending s. 196.075, F.S.; revising the
   61         homestead tax exemption that may be adopted by a
   62         county or municipality by ordinance for the assessed
   63         value of property with a just value less than $250,000
   64         which is owned by persons age 65 or older who meet
   65         certain residence and income requirements; specifying
   66         that just value shall be determined in the first tax
   67         year that the owner applies and is eligible for the
   68         exemption; providing for a refund of overpaid taxes in
   69         prior years; providing retroactive applicability;
   70         providing a contingent effective date.