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Fla. Stat.
§196.011
(1)(a) Every person or organization who,
on January 1, has the legal title to real or personal property, except
inventory, which is entitled by law to exemption from taxation as a result of
its ownership and use shall, on or before March 1 of each year, file an
application for exemption with the county property appraiser, listing and
describing the property for which exemption is claimed and certifying its
ownership and use. The Department of Revenue shall prescribe the forms upon
which the application is made. Failure to make application, when required, on or
before March 1 of any year shall constitute a waiver of the exemption privilege
for that year, except as provided in subsection (7) or subsection
(8).
(b) The form to apply for an
exemption under s. 196.031, s. 196.081, s. 196.091, s.
196.101, or s. 196.202 must include a space for the applicant to list the social
security number of the applicant and of the applicant's spouse, if any. If an
applicant files a timely and otherwise complete application, and omits the
required social security numbers, the application is incomplete. In that event,
the property appraiser shall contact the applicant, who may refile a complete
application by April 1. Failure to file a complete application by that date
constitutes a waiver of the exemption privilege for that year, except as
provided in subsection (7) or subsection (8).
(2)
However, application for exemption will not be required on public roads
rights-of-way and borrow pits owned, leased, or held for exclusive governmental
use and benefit or on property owned and used exclusively by a municipality for
municipal or public purposes in order for such property to be released from all
ad valorem taxation.
(3) It shall not be necessary to make
annual application for exemption on houses of public worship, the lots on which
they are located, personal property located therein or
thereon, parsonages, burial grounds and tombs owned by houses of public worship,
individually owned burial rights not held for speculation, or other such
property not rented or hired out for other than religious or educational
purposes at any time; household goods and personal effects of permanent
residents of this state; and property of the state or any county, any
municipality, any school district, or community college district
thereof.
(4) When any property has been determined to be fully exempt
from taxation because of its exclusive use for religious, literary, scientific,
or charitable purposes and the application for its exemption has met the
criteria of s. 196.195, the property appraiser may accept, in lieu of the annual
application for exemption, a statement certified under oath that there has been
no change in the ownership and use of the property.
(5) The
owner of property that received an exemption in the prior year, or a property
owner who filed an original application that was denied in the prior year solely
for not being timely filed, may reapply on a short form as provided by the department. The short form shall require the applicant to
affirm that the use of the property and his or her status as a permanent
resident have not changed since the initial application.
(6) Once an
original application for tax exemption has been granted, in each succeeding year
on or before February 1, the property appraiser shall mail a renewal application
to the applicant, and the property appraiser shall accept from each such
applicant a renewal application on a form to be prescribed by the Department of
Revenue. Such renewal application shall be accepted as evidence of exemption by
the property appraiser unless he or she denies the application. Upon denial, the
property appraiser shall serve, on or before July 1 of each year, a notice
setting forth the grounds for denial on the applicant by first-class mail. Any
applicant objecting to such denial may file a petition as provided for in s.
194.011(3).
(7) The value adjustment board shall
grant any exemption for an otherwise eligible applicant if the applicant can
clearly document that failure to apply by March 1 was the result of postal
error.
(8) Any applicant who is qualified to
receive any exemption under subsection (1) and who fails to file an application
by March 1, may file an application for the exemption and may file, pursuant to
s. 194.011(3), a petition with the value adjustment board requesting that the
exemption be granted. Such petition may be filed at any time during the taxable
year on or before the 25th day following the mailing of the notice by the
property appraiser as provided in s. 194.011(1). Notwithstanding the provisions
of s. 194.013, such person must pay a nonrefundable fee of $15 upon filing the
petition. Upon reviewing the petition, if the person is qualified to receive the
exemption and demonstrates particular extenuating circumstances judged by the
property appraiser or the value adjustment board to warrant granting the
exemption, the property appraiser or the value adjustment board may grant the
exemption.
(9)(a) A county may, at the request of
the property appraiser and by a majority vote of its governing body, waive the
requirement that an annual application or statement be made for exemption of
property within the county after an initial application is made and the
exemption granted. The waiver under this subsection of the
annual application or statement requirement applies to all exemptions under this
chapter except the exemption under s. 196.1995. Notwithstanding such waiver,
refiling of an application or statement shall be required when any property
granted an exemption is sold or otherwise disposed of, when the ownership
changes in any manner, when the applicant for homestead exemption ceases to use
the property as his or her homestead, or when the status of the owner changes so
as to change the exempt status of the property. In its deliberations on whether
to waive the annual application or statement requirement, the governing body
shall consider the possibility of fraudulent exemption claims which may occur
due to the waiver of the annual application requirement. It is the duty of the
owner of any property granted an exemption who is not required to file an annual
application or statement to notify the property appraiser promptly whenever the
use of the property or the status or condition of the owner changes so as to
change the exempt status of the property. If any property owner fails to so
notify the property appraiser and the property appraiser determines that for any
year within the prior 10 years the owner was not entitled to receive such
exemption, the owner of the property is subject to the taxes exempted as a
result of such failure plus 15 percent interest per annum and a penalty of 50
percent of the taxes exempted. Except for homestead exemptions controlled by s.
196.161, it is the duty of the property appraiser making such
determination to record in the public records of the county a notice of tax lien
against any property owned by that person or entity in the county, and such
property must be identified in the notice of tax lien. Such property is subject
to the payment of all taxes and penalties. Such lien when filed shall attach to
any property, identified in the notice of tax lien, owned by the person who
illegally or improperly received the exemption. Should such person no longer own
property in that county, but own property in some other county or counties in
the state, it shall be the duty of the property appraiser to record a notice of
tax lien in such other county or counties, identifying the property owned by
such person or entity in such county or counties, and it shall become a lien
against such property in such county or counties.
(b) For any exemption under
s. 196.101(2), the statement concerning gross income must be filed with the
property appraiser not later than March 1 of every year.
(c) If an exemption for
which the annual application is waived pursuant to this subsection will be denied by the property appraiser in the
absence of the refiling of the application, notification of an intent to deny
the exemption shall be mailed to the owner of the property prior to February 1.
If the property appraiser fails to timely mail such notice, the application
deadline for such property owner pursuant to subsection (1) shall be extended to
28 days after the date on which the property appraiser mails such
notice.
(10) At the option of the property appraiser and
notwithstanding any other provision of this section, initial or original
applications for homestead exemption for the succeeding year may be accepted and
granted after March 1. Reapplication on a short form as authorized by subsection
(5) shall be required if the county has not waived the requirement of an annual
application. Once the initial or original application and reapplication have
been granted, the property may qualify for the exemption in each succeeding year
pursuant to the provisions of subsection (6) or subsection
(9).
(11) For exemptions enumerated in paragraph (1)(b), granted
for the 2001 tax year and thereafter, social security numbers of the applicant
and the applicant's spouse, if any, are required and must be
submitted to the department. Applications filed pursuant to subsection (5) or
subsection (6) may be required to include social security numbers of the
applicant and the applicant's spouse, if any, and shall include such information
if filed for the 2001 tax year or thereafter. For counties where the annual
application requirement has been waived, property appraisers may require
refiling of an application to obtain such information.
(12)
Notwithstanding subsection (1), when the owner of property otherwise entitled to
a religious exemption from ad valorem taxation fails to timely file an
application for exemption, and because of a misidentification of property
ownership on the property tax roll the owner is not properly notified of the tax
obligation by the property appraiser and the tax collector, the owner of the
property may file an application for exemption with the property appraiser. The
property appraiser must consider the application, and if he or she determines
the owner of the property would have been entitled to the exemption had the
property owner timely applied, the property appraiser must grant the exemption.
Any taxes assessed on such property shall be canceled, and if paid, refunded.
Any tax certificates outstanding on such property shall be
canceled and refund made pursuant to s. 197.432(10).
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