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.
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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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