Senate Bill sb2014

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    Florida Senate - 2002                                  SB 2014

    By Senator Futch





    18-1079-02                                              See HB

  1                      A bill to be entitled

  2         An act relating to the additional homestead

  3         exemption for persons 65 and older; amending s.

  4         196.075, F.S., which allows counties and

  5         municipalities to grant such exemption;

  6         providing requirements with respect to the

  7         taxpayer's statement of household income and

  8         supporting documents; revising the submission

  9         date for such documents; authorizing random

10         audits of such statements; providing

11         requirements with respect to release of tax

12         information to the property appraiser;

13         providing penalties and providing for a lien

14         for improperly taking such an exemption;

15         providing for notice and procedures relating to

16         such a lien; providing an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Subsection (5) of section 196.075, Florida

21  Statutes, is amended, and subsection (9) is added to that

22  section, to read:

23         196.075  Additional homestead exemption for persons 65

24  and older.--

25         (5)  The department must require by rule that the

26  filing of the statement be supported by copies of any federal

27  income tax returns for the prior year, any wage and earnings

28  statements (W-2 forms), any request for an extension of time

29  to file returns, and any other documents it finds necessary,

30  for each member of the household, to be submitted by April 15

31  for inspection by the property appraiser June 1. The

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    Florida Senate - 2002                                  SB 2014
    18-1079-02                                              See HB




  1  taxpayer's sworn statement shall attest to the accuracy of the

  2  documents and grant permission to allow review of the

  3  documents if requested by the property appraiser. Once the

  4  documents have been inspected by the property appraiser, they

  5  shall be returned to the taxpayer or otherwise destroyed. The

  6  property appraiser is authorized to generate random audits of

  7  the taxpayers' sworn statements to ensure the accuracy of the

  8  household income reported. If so selected for audit, a

  9  taxpayer shall execute Internal Revenue Service Form 8821 or

10  4506, which authorizes the Internal Revenue Service to release

11  tax information to the property appraiser's office. All

12  reviews conducted in accordance with this section shall be

13  completed on or before June 1 such copies. The property

14  appraiser may not grant or renew the exemption if without the

15  required documentation requested is not provided.

16         (9)  If the property appraiser determines that for any

17  year within the immediately previous 10 years a person who was

18  not entitled to the additional homestead exemption under this

19  section was granted such an exemption, the property appraiser

20  shall serve upon the owner a notice of intent to record in the

21  public records of the county a notice of tax lien against any

22  property owned by that person in the county, and that property

23  must be identified in the notice of tax lien. Any property

24  that is owned by the taxpayer and is situated in this state is

25  subject to the taxes exempted by the improper homestead

26  exemption, plus a penalty of 50 percent of the unpaid taxes

27  for each year and interest at a rate of 15 percent per annum.

28  However, if such an exemption is improperly granted as a

29  result of a clerical mistake or omission by the property

30  appraiser, the person who improperly received the exemption

31  may not be assessed a penalty and interest. Before any such

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2014
    18-1079-02                                              See HB




  1  lien may be filed, the owner must be given 30 days within

  2  which to pay the taxes, penalties, and interest. Such a lien

  3  is subject to the procedures and provisions set forth in s.

  4  196.161(3).

  5         Section 2.  This act shall take effect January 1, 2003.

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  8                          SENATE SUMMARY

  9
      Provides requirements with respect to the taxpayer's
10    statement of household income and supporting documents
      required in connection with the additional homestead
11    exemption for persons 65 and older which counties and
      municipalities may grant. Revises the submission date for
12    such documents. Authorizes random audits of such
      statements and provides requirements with respect to
13    release of tax information to the property appraiser.
      Provides for penalties and a lien on property for
14    taxpayers who improperly take this exemption. Provides
      for notice and procedures relating to such a lien.
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CODING: Words stricken are deletions; words underlined are additions.