Florida Senate - 2012                                    SB 1058
       
       
       
       By Senator Norman
       
       
       
       
       12-00284A-12                                          20121058__
    1                        A bill to be entitled                      
    2         An act relating to homestead property tax exemptions;
    3         providing a short title; amending s. 196.081, F.S.;
    4         requiring the surviving spouse of a military veteran
    5         who dies from service-connected causes while on active
    6         duty to be a permanent resident of this state on a
    7         specified date in order for the surviving spouse’s
    8         homestead to be exempt from taxation; providing
    9         definitions; exempting from taxation the homestead
   10         property of a surviving spouse of a first responder
   11         who dies in the line of duty under certain
   12         circumstances; providing construction, including
   13         application with respect to certain deaths preceding
   14         the effective date of the act; providing a contingent
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as the “Fallen Heroes
   20  Family Tax Relief Act.”
   21         Section 2. Section 196.081, Florida Statutes, is amended to
   22  read:
   23         196.081 Exemption for certain permanently and totally
   24  disabled veterans and for surviving spouses of veterans;
   25  exemption for surviving spouses of first responders who die in
   26  the line of duty.—
   27         (1) Any real estate that is owned and used as a homestead
   28  by a veteran who was honorably discharged with a service
   29  connected total and permanent disability and for whom a letter
   30  from the United States Government or United States Department of
   31  Veterans Affairs or its predecessor has been issued certifying
   32  that the veteran is totally and permanently disabled is exempt
   33  from taxation, if the veteran is a permanent resident of this
   34  state on January 1 of the tax year for which exemption is being
   35  claimed or was a permanent resident of this state on January 1
   36  of the year the veteran died.
   37         (2) The production by a veteran or the spouse or surviving
   38  spouse of a letter of total and permanent disability from the
   39  United States Government or United States Department of Veterans
   40  Affairs or its predecessor before the property appraiser of the
   41  county in which property of the veteran lies is prima facie
   42  evidence of the fact that the veteran or the surviving spouse is
   43  entitled to the exemption.
   44         (3) If the totally and permanently disabled veteran
   45  predeceases his or her spouse and if, upon the death of the
   46  veteran, the spouse holds the legal or beneficial title to the
   47  homestead and permanently resides thereon as specified in s.
   48  196.031, the exemption from taxation carries over to the benefit
   49  of the veteran’s spouse until such time as he or she remarries
   50  or sells or otherwise disposes of the property. If the spouse
   51  sells the property, an exemption not to exceed the amount
   52  granted from the most recent ad valorem tax roll may be
   53  transferred to his or her new residence, as long as it is used
   54  as his or her primary residence and he or she does not remarry.
   55         (4)(a) Any real estate that is owned and used as a
   56  homestead by the surviving spouse of a veteran who died from
   57  service-connected causes while on active duty as a member of the
   58  United States Armed Forces and for whom a letter from the United
   59  States Government or United States Department of Veterans
   60  Affairs or its predecessor has been issued certifying that the
   61  veteran who died from service-connected causes while on active
   62  duty is exempt from taxation if the veteran and his or her
   63  surviving spouse were was a permanent residents resident of this
   64  state on January 1 of the year in which the veteran died.
   65         (b) The production by the surviving spouse of a letter that
   66  was issued as required under paragraph (a) and that attests the
   67  veteran’s death while on active duty is prima facie evidence of
   68  the fact that the surviving spouse is entitled to an exemption
   69  under paragraph (a).
   70         (c) The tax exemption that applies under paragraph (a) to
   71  the surviving spouse carries over to the benefit of the
   72  veteran’s surviving spouse as long as the spouse holds the legal
   73  or beneficial title to the homestead, permanently resides
   74  thereon as specified in s. 196.031, and does not remarry. If the
   75  surviving spouse sells the property, an exemption not to exceed
   76  the amount granted from the most recent ad valorem tax roll may
   77  be transferred to his or her new residence as long as it is used
   78  as his or her primary residence and he or she does not remarry.
   79         (5)(a) As used in this subsection, the term:
   80         1. “First responder” means a law enforcement officer or
   81  correctional officer as defined in s. 943.10, a firefighter as
   82  defined in s. 633.30, or an emergency medical technician or
   83  paramedic as defined in s. 401.23 who is a full-time paid
   84  employee, part-time paid employee, or unpaid volunteer.
   85         2. “In the line of duty” means:
   86         a. While engaging in law enforcement;
   87         b. While performing an activity relating to fire
   88  suppression and prevention;
   89         c. While responding to a hazardous material emergency;
   90         d. While performing rescue activity;
   91         e. While providing emergency medical services;
   92         f. While performing disaster relief activity;
   93         g. While otherwise engaging in emergency response activity;
   94  or
   95         h. While engaging in a training exercise related to any of
   96  the events or activities enumerated in this subparagraph if the
   97  training has been authorized by the employing entity.
   98  
   99  A heart attack or stroke that causes death or causes an injury
  100  resulting in death must occur within 24 hours after an event or
  101  activity enumerated in this subparagraph and must be directly
  102  and proximately caused by the event or activity in order to be
  103  considered as having occurred in the line of duty.
  104         (b) Any real estate that is owned and used as a homestead
  105  by the surviving spouse of a first responder who died in the
  106  line of duty while employed by the state or any political
  107  subdivision of the state, including authorities and special
  108  districts, and for whom a letter from the state or appropriate
  109  political subdivision of the state or other authority or special
  110  district has been issued legally recognizing and certifying that
  111  the individual died in the line of duty while employed as a
  112  first responder is exempt from taxation if the individual and
  113  his or her surviving spouse were permanent residents of this
  114  state on January 1 of the year in which the individual died.
  115         (c) The production by the surviving spouse of a letter that
  116  was issued as required under paragraph (b) and that attests the
  117  individual’s death in the line of duty is prima facie evidence
  118  of the fact that the surviving spouse is entitled to an
  119  exemption under paragraph (b).
  120         (d) The tax exemption that applies under paragraph (b) to
  121  the surviving spouse carries over to the benefit of the
  122  individual’s surviving spouse as long as the spouse holds the
  123  legal or beneficial title to the homestead, permanently resides
  124  thereon as specified in s. 196.031, and does not remarry. If the
  125  surviving spouse sells the property, an exemption not to exceed
  126  the amount granted from the most recent ad valorem tax roll may
  127  be transferred to his or her new residence as long as it is used
  128  as his or her primary residence and he or she does not remarry.
  129         Section 3. Construction.—
  130         (1) The revisions to section 196.081, Florida Statutes,
  131  under this act operate prospectively to tax rolls submitted to
  132  the Department of Revenue by each county tax collector beginning
  133  January 2013 and each January thereafter and do not provide a
  134  basis for relief from or assessment of taxes not paid or for
  135  determining any denial of or a right to a refund of taxes paid
  136  before the effective date of this act.
  137         (2) The revisions to paragraph (a) of subsection (4) of
  138  section 196.081, Florida Statutes, under this act apply to the
  139  homestead exemptions of surviving spouses of veterans whose
  140  deaths occur after the effective date of this act and do not
  141  affect the homestead exemptions of surviving spouses of veterans
  142  whose deaths occurred before the effective date of this act.
  143         (3) The provisions of subsection (5) of section 196.081,
  144  Florida Statutes, created under this act apply to the homestead
  145  exemptions of surviving spouses of first responders whose deaths
  146  occur before, on, or after the effective date of this act.
  147         Section 4. This act shall take effect upon the approval of
  148  Senate Joint Resolution ___, or a similar joint resolution
  149  having substantially the same specific intent and purpose, at
  150  the general election to be held in November 2012 or at an
  151  earlier special election specifically authorized by law for that
  152  purpose.