Senate Bill sb0008A

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    Florida Senate - 2004                                   SB 8-A

    By Senator Atwater





    41-474F-05

  1                      A bill to be entitled

  2         An act relating to relief for persons whose

  3         primary residences were damaged by a named

  4         tropical system; providing for reimbursement of

  5         a portion of the ad valorem tax levied on a

  6         house or other residential building if the

  7         building is rendered uninhabitable due to a

  8         named tropical system; requiring that

  9         application for such reimbursement be made with

10         the property appraiser; providing application

11         requirements; requiring that the property owner

12         provide documentation that the property was

13         uninhabitable; requiring each property

14         appraiser to determine an applicant's

15         entitlement to reimbursement and the

16         reimbursement amount; providing a formula for

17         calculating the reimbursement amount; limiting

18         the reimbursement amount; requiring property

19         appraisers to submit reimbursement lists to the

20         Chief Financial Officer by a specified date;

21         requiring the Chief Financial Officer to

22         calculate reimbursements in conformance with

23         the amount appropriated and disperse

24         reimbursement checks accordingly; providing a

25         definition; providing a penalty for giving

26         false information; providing an appropriation;

27         providing an effective date.

28  

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

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    Florida Senate - 2004                                   SB 8-A
    41-474F-05




 1         Section 1.  Reimbursement for ad valorem taxes levied

 2  on residential property rendered uninhabitable due to a named

 3  tropical system.--

 4         (1)  If a house or other residential building or

 5  structure that has been granted the homestead exemption under

 6  section 196.031, Florida Statutes, is damaged so that it is

 7  rendered uninhabitable due to a named tropical system during

 8  2004, the ad valorem taxes levied for that house or other

 9  residential building for the 2004 tax year shall be partially

10  reimbursed in the following manner:

11         (a)  An application must be filed by the owner with the

12  property appraiser in the county where the property is located

13  on or before March 1, 2005. Failure to file such application

14  on or before March 1, 2005, constitutes a waiver of any claim

15  for partial reimbursement under this section. The application

16  must be filed in the manner and form prescribed by the

17  property appraiser.

18         (b)  The application, attested to under oath, must

19  identify the property rendered uninhabitable by a named

20  tropical system, the date the damage occurred, and the number

21  of days the property was uninhabitable. Documentation

22  supporting the claim that the property was uninhabitable must

23  accompany the application. Such documentation may include, but

24  is not limited to, utility bills, insurance information,

25  contractors' statements, building permit applications, or

26  building inspection certificates of occupancy.

27         (c)  Upon receipt of the application, the property

28  appraiser shall investigate the statements contained therein

29  to determine whether the applicant is entitled to a partial

30  reimbursement under this section. If the property appraiser

31  determines that the applicant is entitled to such

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    Florida Senate - 2004                                   SB 8-A
    41-474F-05




 1  reimbursement, the property appraiser shall calculate the

 2  reimbursement amount. The reimbursement shall be an amount

 3  equal to the total ad valorem taxes levied on the homestead

 4  property for the 2004 tax year, multiplied by a ratio equal to

 5  the number of days the property was uninhabitable in 2004

 6  divided by 366. However, the amount of reimbursement may not

 7  exceed $2,000.

 8         (d)  The property appraiser shall compile a list of

 9  property owners entitled to a partial reimbursement. The list

10  shall be submitted to the Chief Financial Officer by April 1,

11  2005, in the manner and form prescribed by the Chief Financial

12  Officer.

13         (e)  Upon receipt of the reimbursement lists from the

14  property appraisers, the Chief Financial Officer shall

15  disperse reimbursement checks from general revenue in the

16  amounts and to the persons indicated in the reimbursement

17  lists received from the property appraisers. Before dispersing

18  any reimbursement checks, the Chief Financial Officer shall

19  determine the total of all reimbursement requests submitted by

20  the property appraisers. If the total amount of reimbursement

21  requested exceeds the amount appropriated for that purpose in

22  section 2., the Chief Financial Officer shall reduce all

23  reimbursement checks by a percentage sufficient to reduce

24  total reimbursement payments to an amount equal to the

25  appropriation.

26         (f)  As used in this section, the term "uninhabitable"

27  means that a building or structure cannot be used for the

28  purpose for which it was constructed during a period of 60

29  days or more. However, if a property owner is living in an

30  uninhabitable structure because alternative living quarters

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    Florida Senate - 2004                                   SB 8-A
    41-474F-05




 1  are unavailable, the owner is eligible for reimbursement as

 2  provided in this section.

 3         (2)  Any person who knowingly and willfully gives false

 4  information for the purpose of claiming reimbursement under

 5  this section commits a misdemeanor of the first degree,

 6  punishable as provided in section 775.082, Florida Statutes,

 7  or by a fine not exceeding $5,000, or both.

 8         Section 2.  The sum of $20 million is appropriated from

 9  the General Revenue Fund to the Department of Financial

10  Services for purposes of paying a partial reimbursement of

11  property taxes as provided in this act.

12         Section 3.  This act shall take effect upon becoming a

13  law.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Provides for property owners to receive reimbursement for
      property tax levied on certain uninhabitable residential
18    properties due to a named tropical system. Provides
      application requirements for the reimbursement. Requires
19    that the property owner provide documentation. Requires
      the property appraisers to determine an applicant's
20    entitlement to reimbursement. Limits the reimbursement
      amounts. Requires the Chief Financial Officer to
21    calculate reimbursements in conformance with the amount
      appropriated and to disperse reimbursement checks
22    accordingly. (See bill for details.)

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