HB 465

1	A bill to be entitled
2	An act relating to homestead tax deferrals; amending s.
3	197.252, F.S.; authorizing homestead property owners to
4	elect to defer a portion of increased ad valorem taxes and
5	non-ad valorem assessments resulting from property
6	improvements; providing a methodology and a limitation;
7	providing application requirements and procedures;
8	providing for granting a deferral upon approval of an
9	application; amending s. 197.254, F.S.; requiring annual
10	notification to taxpayers entitled to homestead exemption;
11	specifying a notice statement; amending s. 197.263, F.S.;
12	limiting application of requirement that deferred taxes
13	and interest be due and payable under certain
14	circumstances; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsections (1), (2), and (3) of section
19	197.252, Florida Statutes, are amended to read:
20	197.252  Homestead tax deferral.-
21	(1)(a)1.  Any person who is entitled to claim homestead tax
22	exemption under the provisions of s. 196.031(1) may elect to
23	defer payment of a portion of the combined total of the ad
24	valorem taxes and any non-ad valorem assessments which would be
25	covered by a tax certificate sold under this chapter levied on
26	that person's homestead by filing an annual application for tax
27	deferral with the county tax collector on or before January 31
28	following the year in which the taxes and non-ad valorem
29	assessments are assessed.
30	2.  Any person who is entitled to claim homestead tax
31	exemption under the provisions of s. 196.031(1) and who has made
32	structural improvements to the homestead property resulting in
33	an increase in the valuation of the property may elect to defer
34	payment of up to $25,000 of the combined total of the ad valorem
35	taxes and any non-ad valorem assessments derived solely from the
36	increase in valuation resulting from such improvements, which
37	taxes and assessments would be covered by a tax certificate sold
38	under this chapter levied on that person's homestead by filing
39	an annual application for tax deferral with the county tax
40	collector on or before January 31 following the year in which
41	the taxes and non-ad valorem assessments are assessed. The
42	amount of the deferral shall be determined by subtracting the
43	valuation of the property in the year before the improvements
44	were completed from the valuation of the property as improved.
45	The amount of the deferral may not exceed $25,000.
46	(b)  Any applicant who is entitled to receive the homestead
47	tax exemption but has waived it for any reason shall furnish,
48	with the application for tax deferral, a certificate of
49	eligibility to receive the exemption. Such certificate shall be
50	prepared by the county property appraiser upon request of the
51	taxpayer. It shall be the burden of each applicant to
52	affirmatively demonstrate compliance with the requirements of
53	this section.
54	(2)(a)  For purposes of a deferral under subparagraph
55	(1)(a)1.:
56	1.  Approval of an application for tax deferral shall defer
57	that portion of the combined total of ad valorem taxes and any
58	non-ad valorem assessments which would be covered by a tax
59	certificate sold under this chapter otherwise due and payable on
60	the applicant's homestead pursuant to s. 197.333 which exceeds 5
61	percent of the applicant's household's income for the prior
62	calendar year. If any such applicant's household income for the
63	prior calendar year is less than $10,000, approval of such
64	application shall defer such ad valorem taxes plus non-ad
65	valorem assessments in their entirety.
66	2.(b)  If the applicant is 65 years of age or older,
67	approval of the application shall defer that portion of the ad
68	valorem taxes plus non-ad valorem assessments which exceeds 3
69	percent of the applicant's household income for the prior
70	calendar year. If any applicant's household income for the prior
71	calendar year is less than $10,000, or is less than the amount
72	of the household income designated for the additional homestead
73	exemption pursuant to s. 196.075, and the applicant is 65 years
74	of age or older, approval of the application shall defer the ad
75	valorem taxes plus non-ad valorem assessments in their entirety.
76	3.(c)  The household income of an applicant who applies for
77	a tax deferral before the end of the calendar year in which the
78	taxes and non-ad valorem assessments are assessed shall be for
79	the current year, adjusted to reflect estimated income for the
80	full calendar year period. The estimate of a full year's
81	household income shall be made by multiplying the household
82	income received to the date of application by a fraction, the
83	numerator being 365 and the denominator being the number of days
84	expired in the calendar year to the date of application.
85	(b)  For purposes of a deferral under subparagraph
86	(1)(a)2., approval of an application for tax deferral shall
87	defer up to $25,000 of the combined total of ad valorem taxes
88	and any non-ad valorem assessments derived solely from the
89	increase in valuation resulting from such improvements, which
90	taxes and assessments would be covered by a tax certificate sold
91	under this chapter otherwise due and payable on the applicant's
92	homestead pursuant to s. 197.333. The amount of the deferral
93	shall be as determined under subparagraph (1)(a)2.
94	(3)  A No tax deferral granted under subparagraph (1)(a)1.
95	may not shall be granted:
96	(a)  If the total amount of deferred taxes, non-ad valorem
97	assessments, and interest plus the total amount of all other
98	unsatisfied liens on the homestead exceeds 85 percent of the
99	assessed value of the homestead;, or
100	(b)  If the primary mortgage financing on the homestead is
101	for an amount which exceeds 70 percent of the assessed value of
102	the homestead.
103	Section 2.  Subsection (1) of section 197.254, Florida
104	Statutes, is amended to read:
105	197.254  Annual notification to taxpayer.-
106	(1)  The tax collector shall notify the taxpayer of each
107	parcel appearing on the real property assessment roll of the
108	right to defer payment of taxes and non-ad valorem assessments
109	pursuant to ss. 197.242-197.312. Such notice shall be printed on
110	the back of envelopes used for mailing the notice of taxes
111	provided for by s. 197.322(3).
112	(a)  For purposes of a deferral under s. 197.252(1)(a)1.,
113	such notice of the right to defer payment of taxes and non-ad
114	valorem assessments shall read:
115	NOTICE TO TAXPAYERS ENTITLED
116	TO HOMESTEAD EXEMPTION
117	"If your income is low enough to meet certain conditions, you
118	may qualify for a deferred tax payment plan on homestead
119	property. An application to determine eligibility is available
120	in the county tax collector's office."
121	(b)  For purposes of a deferral under s. 197.252(1)(a)2.,
122	such notice of the right to defer payment of taxes and non-ad
123	valorem assessments shall read:
124	NOTICE TO TAXPAYERS ENTITLED
125	TO HOMESTEAD EXEMPTION
126	"If you have made improvements to your homestead property
127	resulting in an increase in the valuation of the property, you
128	may qualify to defer up to $25,000 of the ad valorem taxes and
129	non-ad valorem assessments on the homestead property derived
130	solely from the increase in valuation resulting from the
131	improvements. An application to determine eligibility is
132	available in the county tax collector's office."
133	Section 3.  Subsection (4) of section 197.263, Florida
134	Statutes, is amended to read:
135	197.263  Change in ownership or use of property.-
136	(4)  For purposes of a deferral under s. 197.252(1)(a)1.,
137	during any year in which the total amount of deferred taxes,
138	interest, and all other unsatisfied liens on the homestead
139	exceeds 85 percent of the assessed value of the homestead, the
140	tax collector shall immediately notify the owner of the property
141	on which taxes and interest have been deferred that the portion
142	of taxes and interest which exceeds 85 percent of the assessed
143	value of the homestead shall be due and payable within 30 days
144	of receipt of the notice. Failure to pay the amount due shall
145	cause the total amount of deferred taxes and interest to become
146	delinquent.
147	Section 4.  This act shall take effect July 1, 2010.

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