SENATE AMENDMENT
    Bill No. CS for SB 1576
    Amendment No. ___   Barcode 743206
                            CHAMBER ACTION
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11  Senators Saunders and Carlton moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 18, between lines 28 and 29,
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16  insert:  
17         Section 9.  Effective upon this act becoming a law and
18  applicable to the tax year 2001 and thereafter, section
19  196.1975, Florida Statutes, is amended to read:
20         196.1975  Exemption for property used by nonprofit
21  homes for the aged.--Nonprofit homes for the aged are exempt
22  to the extent that they meet the following criteria:
23         (1)  The applicant must be a corporation not for profit
24  pursuant to chapter 617 or a Florida limited partnership, the
25  sole general partner of which is a corporation not for profit
26  pursuant to chapter 617, and the corporation not for profit
27  must have been exempt as of January 1 of the year for which
28  exemption from ad valorem property taxes is requested from
29  federal income taxation by having qualified as an exempt
30  charitable organization under the provisions of s. 501(c)(3)
31  of the Internal Revenue Code of 1954 or of the corresponding
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SENATE AMENDMENT Bill No. CS for SB 1576 Amendment No. ___ Barcode 743206 1 section of a subsequently enacted federal revenue act. 2 (2) A facility will not qualify as a "home for the 3 aged" unless at least 75 percent of the occupants are over the 4 age of 62 years or totally and permanently disabled. For 5 homes for the aged which are exempt from paying income taxes 6 to the United States as specified in subsection (1), licensing 7 by the Agency for Health Care Administration is required for 8 ad valorem tax exemption hereunder only if the home: 9 (a) Furnishes medical facilities or nursing services 10 to its residents, or 11 (b) Qualifies as an assisted living facility under 12 part III of chapter 400. 13 (3) Those portions of the home for the aged which are 14 devoted exclusively to the conduct of religious services or 15 the rendering of nursing or medical services are exempt from 16 ad valorem taxation. 17 (4)(a) After removing the assessed value exempted in 18 subsection (3), units or apartments in homes for the aged 19 shall be exempt only to the extent that residency in the 20 existing unit or apartment of the applicant home is reserved 21 for or restricted to or the unit or apartment is occupied by 22 persons who have resided in the applicant home and in good 23 faith made this state their permanent residence as of January 24 1 of the year in which exemption is claimed and who also meet 25 the requirements set forth in one of the following 26 subparagraphs: 27 1. Persons who have gross incomes of not more than 28 $7,200 per year and who are 62 years of age or older. 29 2. Couples, one of whom must be 62 years of age or 30 older, having a combined gross income of not more than $8,000 31 per year, or the surviving spouse thereof, who lived with the 2 10:24 AM 04/30/01 s1576c1c-25202
SENATE AMENDMENT Bill No. CS for SB 1576 Amendment No. ___ Barcode 743206 1 deceased at the time of the deceased's death in a home for the 2 aged. 3 3. Persons who are totally and permanently disabled 4 and who have gross incomes of not more than $7,200 per year. 5 4. Couples, one or both of whom are totally and 6 permanently disabled, having a combined gross income of not 7 more than $8,000 per year, or the surviving spouse thereof, 8 who lived with the deceased at the time of the deceased's 9 death in a home for the aged. 10 11 However, the income limitations do not apply to totally and 12 permanently disabled veterans, provided they meet the 13 requirements of s. 196.081. 14 (b) The maximum income limitations permitted in this 15 subsection shall be adjusted, effective January 1, 1977, and 16 on each succeeding year, by the percentage change in the 17 average cost-of-living index in the period January 1 through 18 December 31 of the immediate prior year compared with the same 19 period for the year prior to that. The index is the average 20 of the monthly consumer price index figures for the stated 21 12-month period, relative to the United States as a whole, 22 issued by the United States Department of Labor. 23 (5) Nonprofit housing projects that which are financed 24 by a mortgage loan made or insured by the United States 25 Department of Housing and Urban Development under s. 202, s. 26 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the 27 National Housing Act, as amended, and that which are subject 28 to the income limitations established by that department are 29 shall be exempt from ad valorem taxation. 30 (6) For the purposes of this section, gross income 31 includes social security benefits payable to the person or 3 10:24 AM 04/30/01 s1576c1c-25202
SENATE AMENDMENT Bill No. CS for SB 1576 Amendment No. ___ Barcode 743206 1 couple or assigned to an organization designated specifically 2 for the support or benefit of that person or couple. 3 (7) It is hereby declared to be the intent of the 4 Legislature that subsection (3) implements the ad valorem tax 5 exemption authorized in the third sentence of s. 3(a), Art. 6 VII, State Constitution, and the remaining subsections 7 implement s. 6(e), Art. VII, State Constitution, for purposes 8 of granting such exemption to homes for the aged. 9 (8) Physical occupancy on January 1 is not required in 10 those instances in which a home restricts occupancy to persons 11 meeting the income requirements specified in this section. 12 Those portions of a such property failing to meet those 13 requirements shall qualify for an alternative exemption as 14 provided in subsection (9). In a home in which at least 25 15 percent of the units or apartments of the home are restricted 16 to or occupied by persons meeting the income requirements 17 specified in this section, the common areas of that home are 18 exempt from taxation. 19 (9)(a) Each unit or apartment of a home for the aged 20 not exempted in subsection (3) or subsection (4), which is 21 operated by a not for profit corporation and is owned by such 22 corporation or leased by such corporation from a health 23 facilities authority pursuant to part III of chapter 154 or an 24 industrial development authority pursuant to part III of 25 chapter 159, and which property is used by such home for the 26 aged for the purposes for which it was organized, is exempt 27 from all ad valorem taxation, except for assessments for 28 special benefits, to the extent of $25,000 of assessed 29 valuation of such property for each apartment or unit: 30 1. Which is used by such home for the aged for the 31 purposes for which it was organized; and 4 10:24 AM 04/30/01 s1576c1c-25202
SENATE AMENDMENT Bill No. CS for SB 1576 Amendment No. ___ Barcode 743206 1 2. Which is occupied, on January 1 of the year in 2 which exemption from ad valorem property taxation is 3 requested, by a person who resides therein and in good faith 4 makes the same his or her permanent home. 5 (b) Each corporation home applying for an exemption 6 under paragraph (a) of this subsection or paragraph (4)(a) 7 must file with the annual application for exemption an 8 affidavit from each person who occupies a unit or apartment 9 for which an exemption under either of those paragraphs that 10 paragraph is claimed stating that the person resides therein 11 and in good faith makes that unit or apartment his or her 12 permanent residence. 13 (10) Homes for the aged, or life care communities, 14 however designated, which are financed through the sale of 15 health facilities authority bonds or bonds of any other public 16 entity, whether on a sale-leaseback basis, a sale-repurchase 17 basis, or other financing arrangement, or which are financed 18 without public-entity bonds, are exempt from ad valorem 19 taxation only in accordance with the provisions of this 20 section. 21 (11) Any portion of such property used for nonexempt 22 purposes may be valued and placed upon the tax rolls 23 separately from any portion entitled to exemption pursuant to 24 this chapter. 25 (12) When it becomes necessary for the property 26 appraiser to determine the value of a unit, he or she shall 27 include in such valuation the proportionate share of the 28 common areas, including the land, fairly attributable to such 29 unit, based upon the value of such unit in relation to all 30 other units in the home, unless the common areas are otherwise 31 exempted by subsection (8). 5 10:24 AM 04/30/01 s1576c1c-25202
SENATE AMENDMENT Bill No. CS for SB 1576 Amendment No. ___ Barcode 743206 1 (13) Sections 196.195 and 196.196 do not apply to this 2 section. 3 4 (Redesignate subsequent sections.) 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 On page 2, line 1, after the semicolon, 10 11 insert: 12 amending s. 196.1975, F.S., relating to 13 exemptions for nonprofit homes for the aged; 14 specifying that the exemption applicable to 15 such homes the residents of which meet certain 16 income limitations applies to individual units 17 or apartments of such homes; providing for 18 application of a residency affidavit 19 requirement to applicants for such an 20 exemption; clarifying provisions relating to 21 qualification for the alternative exemption 22 provided by that section for those portions of 23 a home in which the residents do not meet the 24 income limitations; providing that s. 196.195, 25 F.S., relating to requirements and criteria for 26 determining the profit or nonprofit status of 27 an applicant for exemption, and s. 196.196, 28 F.S., relating to criteria for determining 29 whether property is entitled to a charitable, 30 religious, scientific, or literary exemption, 31 do not apply to that section; 6 10:24 AM 04/30/01 s1576c1c-25202