Senate Bill sb0008Aer

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    2004 Legislature                  CS for SB 8-A, 1st Engrossed



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  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         Department of Revenue by a specified date;

21         requiring the Department of Revenue to

22         determine the total reimbursement payments;

23         providing a definition; authorizing an

24         applicant to file a petition with the value

25         adjustment board if the application for

26         reimbursement is not fully granted; requiring

27         that the department retain funds for the

28         purpose of paying claims that are subsequently

29         granted by a value adjustment board; providing

30         a penalty for giving false information;

31         requiring that undeliverable reimbursement


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    2004 Legislature                  CS for SB 8-A, 1st Engrossed



 1         checks be forwarded to the certifying property

 2         appraiser; providing appropriations; providing

 3         for certifying forward unexpended funds;

 4         providing for reimbursement of the state sales

 5         tax paid on the purchase of a mobile home to

 6         replace a mobile home that experienced major

 7         damage from a named tropical storm; requiring

 8         that application for such reimbursement be made

 9         with the property appraiser; providing

10         application requirements; requiring that the

11         property owner provide documentation of damage

12         to the mobile home; requiring each property

13         appraiser to determine an applicant's

14         entitlement to reimbursement and the

15         reimbursement amount; limiting the

16         reimbursement amount; requiring property

17         appraisers to submit reimbursement lists to the

18         Department of Revenue by a specified date;

19         requiring the Department of Revenue to

20         determine the total reimbursement payments;

21         providing definitions; authorizing an applicant

22         to file a petition with the value adjustment

23         board if the application for reimbursement is

24         not fully granted; requiring that the

25         department retain funds for the purpose of

26         paying claims that are subsequently granted by

27         a value adjustment board; providing a penalty

28         for giving false information; providing an

29         appropriation; providing that the Legislature

30         intends for payments made under the act to be

31         considered disaster relief for purposes of the


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    2004 Legislature                  CS for SB 8-A, 1st Engrossed



 1         Internal Revenue Code; providing an effective

 2         date.

 3  

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

 5  

 6         Section 1.  Reimbursement for ad valorem taxes levied

 7  on residential property rendered uninhabitable due to a named

 8  tropical system.--

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

10  structure that has been granted the homestead exemption under

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

12  rendered uninhabitable due to a named tropical system during

13  2004, the ad valorem taxes levied for that house or other

14  residential building for the 2004 tax year shall be partially

15  reimbursed in the following manner:

16         (a)  An application must be filed by the owner, on or

17  before March 1, 2005, with the property appraiser in the

18  county where the property is located. Failure to file such

19  application on or before March 1, 2005, constitutes a waiver

20  of any claim for partial reimbursement under this section. The

21  application must be filed in the manner and form prescribed by

22  the property appraiser.

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

24  identify the property rendered uninhabitable by a named

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

26  of days the property was uninhabitable after the damage

27  occurred. Documentation supporting the claim that the property

28  was uninhabitable must accompany the application. Such

29  documentation may include, but is not limited to, utility

30  bills, insurance information, contractors' statements,

31  


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    2004 Legislature                  CS for SB 8-A, 1st Engrossed



 1  building permit applications, or building inspection

 2  certificates of occupancy.

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

 4  appraiser shall investigate the statements contained therein

 5  to determine whether the applicant is entitled to a partial

 6  reimbursement under this section. If the property appraiser

 7  determines that the applicant is entitled to such

 8  reimbursement, the property appraiser shall calculate the

 9  reimbursement amount. The reimbursement shall be an amount

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

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

12  the number of days the property was uninhabitable after the

13  damage occurred in 2004 divided by 366. However, the amount of

14  reimbursement may not exceed $1,500.

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

16  property owners entitled to a partial reimbursement. The list

17  shall be submitted to the Department of Revenue no later than

18  April 1, 2005, through an electronic, web-based application

19  provided by the department.

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

21  property appraisers, the Department of Revenue shall disburse

22  reimbursement checks from its Administrative Trust Fund in the

23  amounts and to the persons indicated in the reimbursement

24  lists received from the property appraisers. Before disbursing

25  any reimbursement checks, the Department of Revenue shall

26  determine the total of all reimbursement requests submitted by

27  the property appraisers. If the total amount of reimbursement

28  requested exceeds the amount available for that purpose, the

29  department shall reduce all reimbursement checks by a

30  percentage sufficient to reduce total reimbursement payments

31  


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    2004 Legislature                  CS for SB 8-A, 1st Engrossed



 1  to an amount equal to the appropriation, less any amount

 2  retained pursuant to paragraph (2)(c).

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

 4  means that a building or structure cannot be used during a

 5  period of 60 days or more for the purpose for which it was

 6  constructed. However, if a property owner is living in an

 7  uninhabitable structure because alternative living quarters

 8  are unavailable, the owner is eligible for reimbursement as

 9  provided in this section.

10         (2)(a)  The property appraiser shall notify the

11  applicant by mail if the property appraiser determines that

12  the applicant is not entitled to receive the reimbursement

13  that he or she applied for under this section. Such

14  notification must be made on or before April 1, 2005. If an

15  applicant's application for reimbursement is not fully

16  granted, the applicant may file a petition with the value

17  adjustment board for review of that decision. The petition

18  must be filed with the value adjustment board on or before the

19  30th day following the mailing of the notice by the property

20  appraiser.

21         (b)  The value adjustment board shall consider these

22  petitions as expeditiously as possible at the same time it is

23  considering denials of homestead exemptions pursuant to

24  sections 194.032 and 196.151, Florida Statutes.

25         (c)  By May 10, 2005, the property appraiser shall

26  notify the Department of Revenue of the total amount of

27  reimbursements denied for which a petition with the value

28  adjustment board has been filed. The Department of Revenue

29  shall retain an amount equal to the total amount of claims

30  which had petitions filed with the value adjustment board, or

31  $1 million, whichever is less. This retained amount shall be


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    2004 Legislature                  CS for SB 8-A, 1st Engrossed



 1  used for the purpose of paying those claims that were denied

 2  by the property appraiser but granted by a value adjustment

 3  board. The Department of Revenue shall distribute the

 4  remaining funds in accordance with the provisions of paragraph

 5  (1)(e) to those property owners whose applications for

 6  reimbursement were granted by the property appraiser.

 7         (d)  The Department of Revenue may not pay claims for

 8  reimbursement from the retained funds until all appeals to the

 9  value adjustment board have become final. If reimbursements

10  made under paragraph (1)(e) were reduced by the Department of

11  Revenue, reimbursements granted by the value adjustment boards

12  shall be reduced by the same percentage. If the total adjusted

13  reimbursements approved by the value adjustment boards exceeds

14  the amount retained by the department for paying these

15  reimbursements, the department shall further reduce all

16  reimbursement checks by a percentage sufficient to reduce

17  total reimbursement payments to an amount equal to the amount

18  retained.

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

20  information for the purpose of claiming reimbursement under

21  this section commits a misdemeanor of the first degree,

22  punishable as provided in section 775.082, Florida Statutes,

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

24         Section 2.  The Department of Revenue shall forward all

25  undeliverable reimbursement checks to the certifying property

26  appraiser for subsequent delivery attempts.

27         Section 3.  The sum of $70,000 is appropriated from the

28  General Revenue Fund to the Administrative Trust Fund of the

29  Department of Revenue for the purpose of administering this

30  act.

31  


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    2004 Legislature                  CS for SB 8-A, 1st Engrossed



 1         Section 4.  Notwithstanding the provisions of section

 2  216.301, Florida Statutes, to the contrary and in accordance

 3  with section 216.351, Florida Statutes, the Executive Office

 4  of the Governor shall, on July 1, certify forward all

 5  unexpended funds appropriated pursuant to this act.

 6         Section 5.  The sum of $20 million is appropriated from

 7  the General Revenue Fund to the Administrative Trust Fund of

 8  the Department of Revenue for purposes of paying a partial

 9  reimbursement of property taxes as provided in this act.

10         Section 6.  Reimbursement for sales taxes paid on

11  mobile homes purchased to replace mobile homes damaged by a

12  named tropical system.--

13         (1)  If a mobile home is purchased to replace a mobile

14  home that experienced major damage from a named tropical

15  system, and if the damaged mobile home was the permanent

16  residence of a permanent resident of this state, the state

17  sales tax paid on the purchase of the replacement mobile home

18  shall be reimbursed in the following manner:

19         (a)  An application must be filed on or before May 1,

20  2005, by the owner with the property appraiser in the county

21  where the damaged mobile home was located. Failure to file

22  such application on or before May 1, 2005, constitutes a

23  waiver of any claim for reimbursement under this section. The

24  application must be filed in the manner and form prescribed by

25  the property appraiser.

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

27  identify the mobile home that experienced major damage from a

28  named tropical system and the date the damage occurred.

29  Documentation of major damage and a copy of the invoice for

30  the replacement mobile home must accompany the application.

31  Such documentation may include, but is not limited to,


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    2004 Legislature                  CS for SB 8-A, 1st Engrossed



 1  insurance information or information from the Federal

 2  Emergency Management Agency or the American Red Cross

 3  attesting to the major damage of the mobile home.

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

 5  appraiser shall investigate the statements contained therein

 6  to determine whether the applicant is entitled to

 7  reimbursement under this section. If the property appraiser

 8  determines that the applicant is entitled to reimbursement,

 9  the property appraiser shall calculate the reimbursement

10  amount. The reimbursement shall be an amount equal to the

11  state sales tax paid on the purchase price of the replacement

12  mobile home, as determined by the tax tables of the Department

13  of Revenue, which amount may not exceed $1,500.

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

15  mobile home owners entitled to reimbursement. The list shall

16  be submitted to the Department of Revenue by June 1, 2005,

17  through an electronic, web-based application provided by the

18  department.

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

20  property appraisers, the Department of Revenue shall disburse

21  reimbursement checks from its Administrative Trust Fund in the

22  amounts and to the persons indicated in the reimbursement

23  lists received from the property appraisers. Before disbursing

24  any reimbursement checks, the Department of Revenue shall

25  determine the total of all reimbursement requests submitted by

26  the property appraisers. If the total amount of reimbursement

27  requested exceeds the amount available for that purpose, the

28  department shall reduce all reimbursement checks by a

29  percentage sufficient to reduce total reimbursement payments

30  to an amount equal to the appropriation, less any amount

31  retained pursuant to paragraph (2)(c).


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    2004 Legislature                  CS for SB 8-A, 1st Engrossed



 1         (f)  As used in this section, the term:

 2         1.  "Major damage" means that a mobile home is more

 3  than 50-percent destroyed or that a mobile home cannot be

 4  inhabited and cannot be repaired for less than the amount of

 5  its value before the named tropical system.

 6         2.  "Mobile home" means a mobile home as defined in

 7  section 320.01(2)(a), Florida Statutes, a manufactured home as

 8  defined in section 320.01(2)(b), Florida Statutes, or a

 9  trailer as defined in section 320.08(10), Florida Statutes.

10         3.  "Permanent residence" and "permanent resident" have

11  the same meanings as provided in section 196.012, Florida

12  Statutes.

13         (2)(a)  The property appraiser shall notify the

14  applicant by mail if the property appraiser determines that

15  the applicant is not entitled to receive the reimbursement

16  that he or she applied for under this section. Such

17  notification must be made on or before June 1, 2005. If an

18  applicant's application for reimbursement is not fully

19  granted, the applicant may file a petition with the value

20  adjustment board for review of that decision. The petition

21  must be filed with the value adjustment board on or before the

22  30th day following the mailing of the notice by the property

23  appraiser.

24         (b)  The value adjustment board shall consider these

25  petitions as expeditiously as possible at the same time it is

26  considering denials of homestead exemptions pursuant to

27  sections 194.032 and 196.151, Florida Statutes.

28         (c)  By July 10, 2005, the property appraiser shall

29  notify the Department of Revenue of the total amount of

30  reimbursements denied for which a petition with the value

31  adjustment board has been filed. The Department of Revenue


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    2004 Legislature                  CS for SB 8-A, 1st Engrossed



 1  shall retain an amount equal to the total amount of claims

 2  which had petitions filed with the value adjustment board, or

 3  $665,000, whichever is less. This retained amount shall be

 4  used for the purpose of paying those claims that were denied

 5  by the property appraiser but granted by a value adjustment

 6  board. The Department of Revenue shall distribute the

 7  remaining funds in accordance with the provisions of paragraph

 8  (1)(e) to those mobile home owners whose applications for

 9  reimbursement were granted by the property appraiser.

10         (d)  The Department of Revenue may not pay claims for

11  reimbursement from the retained funds until all appeals to the

12  value adjustment board have become final. If reimbursements

13  made under paragraph (1)(e) were reduced by the Department of

14  Revenue, reimbursements granted by the value adjustment boards

15  shall be reduced by the same percentage. If the total adjusted

16  reimbursements approved by the value adjustment boards exceeds

17  the amount retained by the department for paying these

18  reimbursements, the department shall further reduce all

19  reimbursement checks by a percentage sufficient to reduce

20  total reimbursement payments to an amount equal to the amount

21  retained.

22         (3)  Any person who claims reimbursement under section

23  1 of this act is not eligible for the reimbursement provided

24  by this section.

25         (4)  Any person who knowingly and wilfully gives false

26  information for the purpose of claiming reimbursement under

27  this section commits a misdemeanor of the first degree,

28  punishable as provided in section 775.082, Florida Statutes,

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

30         Section 7.  The sum of $15 million is appropriated from

31  the General Revenue fund to the Administrative Trust Fund of


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    2004 Legislature                  CS for SB 8-A, 1st Engrossed



 1  the Department of Revenue for the purposes of paying sales tax

 2  reimbursements as provided in this act.

 3         Section 8.  It is the intent of the Legislature that

 4  payments made to residents under this act shall be considered

 5  disaster-relief assistance within the meaning of section 139

 6  of the Internal Revenue Code.

 7         Section 9.  This act shall take effect upon becoming a

 8  law.

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