Sec. 102-301. - Reduction in accordance with Florida Constitution and statutes.
Sec. 102-302. - Applicable only to construction or reconstruction after January 7, 2003.
Sec. 102-304. - Failure to file.
Sec. 102-305. - Application of assessment reduction.
Sec. 102-306. - Approval by property appraiser.
Sec. 102-307. - Revocation; penalty.
Sec. 102-301. - Reduction in accordance with Florida Constitution and statutes.
In accordance with section 4(e), article VII of the Florida Constitution and F.S. § 193.703, the assessed value of homestead property may be annually reduced in accordance with the provisions of this article and applicable Florida Statutes, if the property has increased in value resulting from the construction or reconstruction of the property for the purpose of providing living quarters for one or more natural or adoptive parents or grandparents of the owner of the property or of the owner's spouse and if at least one of the parents or grandparents for whom the living quarters are provided resides thereon and is at least 62 years of age.
(Ord. No. 06-15, § 1, 6-20-06)
Sec. 102-302. - Applicable only to construction or reconstruction after January 7, 2003.
The reduction in assessed value provided by this article shall only apply to construction or reconstruction to an existing homestead that occurred after January 7, 2003, and is completed prior to January 1 of the year for which the reduction in assessed value is sought. The reduction in assessed value shall only apply for taxable years during which at least one such parent or grandparent maintains his or her primary place of residence in such living quarters within the homestead property of the owner. As used herein, the term "construction" means all types of construction governed by the Florida Building Code; the term "reconstruction" means all types of reconstruction governed by the Florida Building Code; and the "primary place of residence" shall have the same meaning as "permanent residency" for establishing homestead exemption pursuant to F.S. § 196.031. The property appraiser may rely upon the factors listed in F.S. § 196.015, in determining whether the property is the primary place of residence for the applicant's parent or grandparent.
(Ord. No. 06-15, § 1, 6-20-06)
Every person claiming the additional reduction in assessed value available pursuant to this article must file an application therefore with the county property appraiser on or before March 1 of each year for which such reduction in assessment is claimed. Such application shall include all information and sworn affidavits necessary for the property appraiser to determine entitlement to the requested reduction and shall be in the manner and form prescribed by the county property appraiser and/or the state department of revenue. In order to receive the requested reduction in assessment, applicants must annually and timely file with the property appraiser all applications and supporting documentation.
(Ord. No. 06-15, § 1, 6-20-06)
Sec. 102-304. - Failure to file.
Failure to file the application and required supporting documentation by March 1st in any given year shall constitute a waiver of the reduction in assessment for that year.
(Ord. No. 06-15, § 1, 6-20-06)
Sec. 102-305. - Application of assessment reduction.
The assessment reduction herein provided shall only apply under the following circumstances:
(1)
A completed application has been timely filed with the property appraiser.
(2)
All required supporting information has been filed with the property appraiser.
(3)
The construction or reconstruction was substantially complete in the year prior to the January 1 in which the qualifying parent(s) or grandparent(s) first occupies the constructed or reconstructed living quarters.
(4)
At least one qualifying parent or grandparent maintains his or her primary place of residence in the constructed or reconstructed living quarters during the taxable year for which the reduction is claimed.
(5)
The construction or reconstruction is consistent with local land development regulations, ordinances, and the Florida Building Code.
(6)
The property to which the assessment reduction applies must qualify for a homestead exemption at the time the construction or reconstruction is substantially complete and each year thereafter.
(7)
The assessment reduction shall be applied to the assessed value of the homestead property as calculated pursuant to article VII, section 4(c), Florida Constitution.
(Ord. No. 06-15, § 1, 6-20-06)
Sec. 102-306. - Approval by property appraiser.
If the property appraiser has received a timely filed application with all supporting documentation and is satisfied that the property is entitled to a reduction in assessment under this article, F.S. § 193.703, other applicable Florida Statutes, and the Florida Administrative Code, the property appraiser shall approve the application, and, to the extent herein authorized, the value of such residential improvements used as qualifying living quarters shall be excluded from the value of the property for purposes of ad valorem taxation. The value excluded shall not exceed the lesser of:
(1)
The increase in assessed value resulting from construction or reconstruction of the property for its use as living quarters; or
(2)
Twenty percent of the total assessed value of the property as improved.
(Ord. No. 06-15, § 1, 6-20-06)
Sec. 102-307. - Revocation; penalty.
If the owner of homestead property for which such a reduction in assessed value has been granted provided any false statement or information in the application or supporting documentation, the reduction shall be revoked, the owner shall be subject to a civil penalty of not more than $1,000.00, and the owner and/or the owner's family shall be disqualified from receiving any reduction in assessed value pursuant to the provisions of this article for a period of five years.
(Ord. No. 06-15, § 1, 6-20-06)
As provided in F.S. § 193.703 when the property owner no longer qualifies for the reduction in assessed value for living quarters of parents or grandparents, the previously excluded just value of such improvements as of the first January 1 after the improvements were substantially completed shall be added back to the assessed value of the property.
(Ord. No. 06-15, § 1, 6-20-06)
The reduction in assessment herein authorized shall be available commencing with the year 2007 tax roll. Applications must be filed annually with the county property appraiser between January 1 and March 1 of the year for which the assessment reduction is sought.
(Ord. No. 06-15, § 1, 6-20-06)