SB 562 — Homestead Exemptions

Florida Senate - 2019 CS for SB 562 By Senatorthe DiazCommittee 36-00746-19on 2019562__Community AAffairs; bill to be entitled An act relating to homestead exemptions;

and Senator Diaz 578-02718-19 2019562c1 A bill to be entitled An act relating to homestead assessments;

196.076,193.626, F.S.;

providing ana additional homestead exemptionassessment fromlimitation for the purpose of school district levies forto certain persons age 65 years or older;

authorizing persons entitled to and receiving a certain homestead exemption to apply for and receive the additionallimitation; exemption;

authorizing specified other persons to receive the exemption;limitation;

22 Section 1. Section 196.076,193.626, Florida Statutes, is created to read:

196.076 Exemption193.626 Homestead fromassessment limitation for school district levieslevy purposes for certain persons age 65 years or older.— (1) Any(1) For realpurposes estateof thatschool isdistrict levies, the assessed value of real estate used as a homestead by a person age 65 years or older who has legal or equitable title to the property and who has held legal or equitable title to the property and maintained permanent residence thereon for at least 25 years isshall exemptnot fromincrease schoolabove districtthe levies.assessed value on the January 1 immediately following the date the property owner becomes eligible for treatment under this section.

196.031 may apply for and receive anthe additionalassessment homesteadlimitation exemptionprovided pursuantunder to this section.

(3) If title is held jointly with right of survivorship, the person residing on the property and otherwise qualifying may receive the entire amount of the exemptionassessment limitation provided under this section.

(4) If a property appraiser determines thatthat, for any year within the immediately previous 10 yearsyears, a person who was not entitled to the homesteadassessment exemptionlimitation under this section was granted such anlimitation, exemption, the property appraiser shall serve upon the owner a notice of intent to record in the public records of the county a notice of tax lien against any property owned by that person in the county, andwhich that property must be identified in the notice of tax lien.

Any property that is owned by the taxpayer and that is situated in this state is subject to the taxes exemptedlimited by the improper homesteadassessment exemption,limitation, plus a penalty of 50 percent of the unpaid taxes for each year and interest at a rate of 15 percent per annum.

However, if such anassessment exemptionlimitation is improperly granted as a result of a clerical error or omission by the property appraiser, the person who improperly received the exemptionlimitation may not be assessed athe penalty and interest.

Before any such lien mayis be filed, the owner must be given 30 days within which to pay the taxes, penalties, and interest.

Section(5) This 2. Sectionsection 196.076, Florida Statutes, as created by this act, first applies to the 2021 property tax roll.

Section 3. This2. This act shall take effect on the effective date of the amendment to the State Constitution proposed by SJR 344 or a similar joint resolution having substantially the same specific intent and purpose, if such amendment to the State Constitution is approved at the general election held in November 2020.2020 or at an earlier special election specifically authorized by law for that purpose.