HB 0047A

1
A bill to be entitled
2An act relating to partial ad valorem tax reimbursement;
3providing for partial reimbursement of taxes on homestead
4residential property rendered uninhabitable by a named
5tropical system; providing application requirements;
6providing procedures; providing duties of property
7appraisers in determining uninhabitability; requiring that
8a property owner provide documentation that the property
9was uninhabitable; requiring each property appraiser to
10determine an applicant's entitlement to reimbursement and
11the reimbursement amount; providing a formula for
12calculating the reimbursement amount; limiting the
13reimbursement amount; requiring property appraisers to
14submit reimbursement lists to the Chief Financial Officer
15by a specified date; requiring the Chief Financial Officer
16to calculate reimbursements in conformance with the amount
17appropriated and disburse reimbursement checks
18accordingly; providing an appropriation; providing for
19future repeal; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Reimbursement of taxes upon uninhabitability
24caused by a named tropical system.--
25     (1)  If a house or other residential building or structure
26on land that has been granted the homestead exemption under s.
27196.031, Florida Statutes, is rendered uninhabitable due to a
28named tropical system, upon application filed with the property
29appraiser, taxes may be partially reimbursed in the following
30manner:
31     (a)  Application must be filed by the owner with the
32property appraiser before March 1 following the tax year in
33which the residential building or structure became uninhabitable
34due to a named tropical system. Failure to file such application
35before March 1 constitutes a waiver of any claim for partial
36reimbursement under this section.
37     (b)  The application must identify the property rendered
38uninhabitable by a named tropical system and specify the date
39the uninhabitability occurred and the number of months of lost
40occupancy. Documentation supporting the claim that the property
41was uninhabitable must accompany the application. Such
42documentation may include, but is not limited to, utility bills,
43insurance information, contractors' statements, building permit
44applications, or building inspection certificates of occupancy.
45     (c)  Upon receipt of the application, the property
46appraiser shall investigate the statements contained in the
47application to determine whether the applicant is entitled to a
48partial reimbursement under this section. If the property
49appraiser determines that the applicant is entitled to such
50partial reimbursement, the property appraiser shall calculate
51the reimbursement amount. The reimbursement shall be an amount
52equal to the total ad valorem taxes levied on the homestead
53property for the 2004 tax year, multiplied by a ratio equal to
54the number of days the property was uninhabitable in 2004
55divided by 366. However, the amount of reimbursement may not
56exceed $1,500.
57     (d)  The property appraiser shall compile a list of
58property owners entitled to a partial reimbursement. The list
59shall be submitted to the Chief Financial Officer by April 1,
602005, in the manner and form prescribed by the Chief Financial
61Officer.
62     (e)  Upon receipt of the reimbursement lists from the
63property appraisers, the Chief Financial Officer shall disburse
64reimbursement checks from general revenue in the amounts and to
65the persons indicated in the reimbursement lists received from
66the property appraisers. Before disbursing any reimbursement
67checks, the Chief Financial Officer shall determine the total of
68all reimbursement requests submitted by the property appraisers.
69If the total amount of reimbursement requested exceeds the
70amount appropriated for that purpose in section 2, the Chief
71Financial Officer shall reduce all reimbursement checks by a
72percentage sufficient to reduce total reimbursement payments to
73an amount equal to the appropriation.
74     (f)  By May 1, the tax collector shall notify the board of
75county commissioners and the Department of Revenue of the total
76reduction in taxes for all property that received a partial
77reimbursement of taxes under this section.
78     (g)  As used in this section, the term "uninhabitable"
79means that the building or structure cannot be used for the
80purpose for which it was constructed during a period of 15 days
81or more. However, if a property owner is living in an
82uninhabitable structure because alternative living quarters are
83unavailable, the owner is eligible for reimbursement as provided
84in this section.
85     (2)  This section is repealed July 1, 2005.
86     Section 2.  The sum of $50 million is appropriated from the
87General Revenue Fund to the Department of Financial Services for
88purposes of paying a partial reimbursement of property taxes as
89provided in this act.
90     Section 3.  This act shall take effect upon becoming a law.


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