Bill Text: FL S1716 | 2023 | Regular Session | Introduced


Bill Title: Homestead Tax Exemptions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-05-05 - Died in Community Affairs [S1716 Detail]

Download: Florida-2023-S1716-Introduced.html
       Florida Senate - 2023                                    SB 1716
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-01206-23                                            20231716__
    1                        A bill to be entitled                      
    2         An act relating to homestead tax exemptions; amending
    3         ss. 196.011, 196.075, and 196.161, F.S.; revising the
    4         interest rate and penalty that applies to property
    5         owners who unlawfully received a homestead exemption;
    6         amending s. 196.061, F.S.; revising criteria under
    7         which the rental of homestead property is considered
    8         abandonment for tax exemption purposes; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (9) of section
   14  196.011, Florida Statutes, is amended to read:
   15         196.011 Annual application required for exemption.—
   16         (9)(a) A county may, at the request of the property
   17  appraiser and by a majority vote of its governing body, waive
   18  the requirement that an annual application or statement be made
   19  for exemption of property within the county after an initial
   20  application is made and the exemption granted. The waiver under
   21  this subsection of the annual application or statement
   22  requirement applies to all exemptions under this chapter except
   23  the exemption under s. 196.1995. Notwithstanding such waiver,
   24  refiling of an application or statement shall be required when
   25  any property granted an exemption is sold or otherwise disposed
   26  of, when the ownership changes in any manner, when the applicant
   27  for homestead exemption ceases to use the property as his or her
   28  homestead, or when the status of the owner changes so as to
   29  change the exempt status of the property. In its deliberations
   30  on whether to waive the annual application or statement
   31  requirement, the governing body shall consider the possibility
   32  of fraudulent exemption claims which may occur due to the waiver
   33  of the annual application requirement. The owner of any property
   34  granted an exemption who is not required to file an annual
   35  application or statement shall notify the property appraiser
   36  promptly whenever the use of the property or the status or
   37  condition of the owner changes so as to change the exempt status
   38  of the property. If any property owner fails to so notify the
   39  property appraiser and the property appraiser determines that
   40  for any year within the prior 10 years the owner was not
   41  entitled to receive such exemption, the owner of the property is
   42  subject to the taxes exempted as a result of such failure plus
   43  payment of interest at the rate as set forth in s. 213.235 of
   44  the unpaid taxes for each year, and a penalty of three times the
   45  interest rate set forth in s. 213.235, not to exceed 50 percent
   46  of the unpaid taxes for each year 15 percent interest per annum
   47  and a penalty of 50 percent of the taxes exempted. Except for
   48  homestead exemptions controlled by s. 196.161, the property
   49  appraiser making such determination shall record in the public
   50  records of the county a notice of tax lien against any property
   51  owned by that person or entity in the county, and such property
   52  must be identified in the notice of tax lien. Such property is
   53  subject to the payment of all taxes and penalties. Such lien
   54  when filed shall attach to any property, identified in the
   55  notice of tax lien, owned by the person who illegally or
   56  improperly received the exemption. If such person no longer owns
   57  property in that county but owns property in some other county
   58  or counties in the state, the property appraiser shall record a
   59  notice of tax lien in such other county or counties, identifying
   60  the property owned by such person or entity in such county or
   61  counties, and it shall become a lien against such property in
   62  such county or counties.
   63         Section 2. Subsection (1) of section 196.061, Florida
   64  Statutes, is amended to read:
   65         196.061 Rental of homestead to constitute abandonment.—
   66         (1) The rental of all or substantially all of a dwelling
   67  previously claimed to be a homestead for tax purposes
   68  constitutes shall constitute the abandonment of such dwelling as
   69  a homestead, and the abandonment continues until the dwelling is
   70  physically occupied by the owner. However, such abandonment of
   71  the homestead after January 1 of any year does not affect the
   72  homestead exemption for tax purposes for that particular year
   73  unless the property is rented for more than 30 days per calendar
   74  year for 2 consecutive years. The rental of a portion of a
   75  dwelling claimed to be a homestead for tax purposes while the
   76  dwelling is physically occupied by the owner does not constitute
   77  the abandonment in whole or in part of the dwelling as a
   78  homestead.
   79         Section 3. Subsection (9) of section 196.075, Florida
   80  Statutes, is amended to read:
   81         196.075 Additional homestead exemption for persons 65 and
   82  older.—
   83         (9) If the property appraiser determines that for any year
   84  within the immediately previous 10 years a person who was not
   85  entitled to the additional homestead exemption under this
   86  section was granted such an exemption, the property appraiser
   87  shall serve upon the owner a notice of intent to record in the
   88  public records of the county a notice of tax lien against any
   89  property owned by that person in the county, and that property
   90  must be identified in the notice of tax lien. Any property that
   91  is owned by the taxpayer and is situated in this state is
   92  subject to the taxes exempted by the improper homestead
   93  exemption, plus payment of interest at the rate as set forth in
   94  s. 213.235 of the unpaid taxes for each year, and a penalty of
   95  three times the interest rate set forth in s. 213.235, not to
   96  exceed 50 percent of the unpaid taxes for each year and interest
   97  at a rate of 15 percent per annum. However, if such an exemption
   98  is improperly granted as a result of a clerical mistake or
   99  omission by the property appraiser, the person who improperly
  100  received the exemption may not be assessed a penalty and
  101  interest. Before any such lien may be filed, the owner must be
  102  given 30 days within which to pay the taxes, penalties, and
  103  interest. Such a lien is subject to the procedures and
  104  provisions set forth in s. 196.161(3).
  105         Section 4. Paragraph (a) of subsection (1) of section
  106  196.161, Florida Statutes, is amended to read:
  107         196.161 Homestead exemptions; lien imposed on property of
  108  person claiming exemption although not a permanent resident.—
  109         (1)(a) When the estate of any person is being probated or
  110  administered in another state under an allegation that such
  111  person was a resident of that state and the estate of such
  112  person contains real property situate in this state upon which
  113  homestead exemption has been allowed pursuant to s. 196.031 for
  114  any year or years within 10 years immediately prior to the death
  115  of the deceased, then within 3 years after the death of such
  116  person the property appraiser of the county where the real
  117  property is located shall, upon knowledge of such fact, record a
  118  notice of tax lien against the property among the public records
  119  of that county, and the property shall be subject to the payment
  120  of all taxes exempt thereunder, plus payment of interest at the
  121  rate as set forth in s. 213.235 of the unpaid taxes for each
  122  year, and a penalty of three times the interest rate set forth
  123  in s. 213.235, not to exceed 50 percent of the unpaid taxes for
  124  each year, plus 15 percent interest per year, unless the circuit
  125  court having jurisdiction over the ancillary administration in
  126  this state determines that the decedent was a permanent resident
  127  of this state during the year or years an exemption was allowed,
  128  whereupon the lien shall not be filed or, if filed, shall be
  129  canceled of record by the property appraiser of the county where
  130  the real estate is located.
  131         Section 5. This act shall take effect July 1, 2023.

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