eLaws of Florida

  SECTION 196.173. Exemption for deployed servicemembers.  


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  • 1(1) 2A servicemember who receives a homestead exemption may receive an additional ad valorem tax exemption on that homestead property as provided in this section.
    26227(2) 28The exemption is available to servicemembers who were deployed during the preceding calendar year on active duty outside the continental United States, Alaska, or Hawaii in support of any of the following military operations:
    62(a) 63Operation Joint Task Force Bravo, which began in 1995.
    72(b) 73Operation Joint Guardian, which began on June 12, 1999.
    82(c) 83Operation Noble Eagle, which began on September 15, 2001.
    92(d) 93Operations in the Balkans, which began in 2004.
    101(e) 102Operation Nomad Shadow, which began in 2007.
    109(f) 110Operation U.S. Airstrikes Al Qaeda in Somalia, which began in January 2007.
    122(g) 123Operation Copper Dune, which began in 2009.
    130(h) 131Operation Georgia Deployment Program, which began in August 2009.
    140(i) 141Operation Spartan Shield, which began in June 2011.
    149(j) 150Operation Observant Compass, which began in October 2011.
    158(k) 159Operation Inherent Resolve, which began on August 8, 2014.
    168(l) 169Operation Atlantic Resolve, which began in April 2014.
    177(m) 178Operation Freedom’s Sentinel, which began on January 1, 2015.
    187(n) 188Operation Resolute Support, which began in January 2015.
    196(o) 197Operation Juniper Shield, which began in February 2007.
    205(p) 206Operation Pacific Eagle, which began in September 2017.
    214(q) 215Operation Martillo, which began in January 2012.

    222The Department of Revenue shall notify all property appraisers and tax collectors in this state of the designated military operations.

    242(3) 243The exemption is also available to servicemembers who were deployed during the preceding calendar year on active duty outside the continental United States, Alaska, or Hawaii in support of a subordinate operation to a main operation designated in subsection (2).
    283(4) 284By January 15 of each year, the Department of Military Affairs shall submit to the President of the Senate, the Speaker of the House of Representatives, and the tax committees of each house of the Legislature a report of all known and unclassified military operations outside the continental United States, Alaska, or Hawaii for which servicemembers based in the continental United States have been deployed during the previous calendar year. The report must include:
    358(a) 359The official and common names of the military operations;
    368(b) 369The general location and purpose of each military operation;
    378(c) 379The date each military operation commenced; and
    386(d) 387The date each military operation terminated, unless the operation is ongoing.
    398(5) 399The amount of the exemption is equal to the taxable value of the homestead of the servicemember on January 1 of the year in which the exemption is sought multiplied by the number of days that the servicemember was on a qualifying deployment in the preceding calendar year and divided by the number of days in that year.
    457(6)(a) 458An eligible servicemember who seeks to claim the additional tax exemption as provided in this section must file an application for exemption with the property appraiser on or before March 1 of the year following the year of the qualifying deployment. The application for the exemption must be made on a form prescribed by the department and furnished by the property appraiser. The form must require a servicemember to include or attach proof of a qualifying deployment, the dates of that deployment, and other information necessary to verify eligibility for and the amount of the exemption.
    554(b) 555An application may be filed on behalf of an eligible servicemember by his or her spouse if the homestead property to which the exemption applies is held by the entireties or jointly with the right of survivorship, by a person who has been designated by the servicemember to take actions on his or her behalf pursuant to chapter 709, or by the personal representative of the servicemember’s estate.
    623(7) 624The property appraiser shall consider each application for a deployed servicemember exemption within 30 days after receipt or within 30 days after receiving notice of the designation of qualifying deployments by the Legislature, whichever is later. A property appraiser who finds that the taxpayer is entitled to the exemption shall approve the application and file the application in the permanent records. A property appraiser who finds that the taxpayer is not entitled to the exemption shall send a notice of disapproval no later than July 1, citing the reason for disapproval. The original notice of disapproval shall be sent to the taxpayer and shall advise the taxpayer of the right to appeal the decision to the value adjustment board and shall inform the taxpayer of the procedure for filing such an appeal.
    756(8) 757As used in this section, the term “servicemember” means a member or former member of any branch of the United States military or military reserves, the United States Coast Guard or its reserves, or the Florida National Guard.
History.-s. 1, ch. 2011-93; s. 3, ch. 2012-159; s. 24, ch. 2012-193; s. 1, ch. 2016-26; s. 15, ch. 2018-118; s. 7, ch. 2020-10.

Note

Note.-Section 9, ch. 2020-10, provides that:

“Application deadline for additional ad valorem tax exemption for specified deployments.-

“(1) Notwithstanding the filing deadlines contained in s. 196.173(6), Florida Statutes, the deadline for an applicant to file an application with the property appraiser for an additional ad valorem tax exemption under s. 196.173, Florida Statutes, for the 2020 tax roll is June 1, 2020.

“(2) If an application is not timely filed under subsection (1), a property appraiser may grant the exemption if:

“(a) The applicant files an application for the exemption on or before the 25th day after the property appraiser mails the notice required under s. 194.011(1), Florida Statutes;

“(b) The applicant is qualified for the exemption; and

“(c) The applicant produces sufficient evidence, as determined by the property appraiser, which demonstrates that the applicant was unable to apply for the exemption in a timely manner or otherwise demonstrates extenuating circumstances that warrant granting the exemption.

“(3) If the property appraiser denies an application under subsection (2), the applicant may file, pursuant to s. 194.011(3), Florida Statutes, a petition with the value adjustment board which requests that the exemption be granted. Such petition must be filed on or before the 25th day after the property appraiser mails the notice required under s. 194.011(1), Florida Statutes. Notwithstanding s. 194.013, Florida Statutes, the eligible servicemember is not required to pay a filing fee for such petition. Upon reviewing the petition, the value adjustment board may grant the exemption if the applicant is qualified for the exemption and demonstrates extenuating circumstances, as determined by the board, which warrant granting the exemption.

“(4) This section shall take effect upon this act becoming a law and applies to the 2020 ad valorem tax roll.”

2Note.-Section 8, ch. 2020-10, provides that “[t]he amendment made by this act to s. 196.173(2), Florida Statutes, first applies to the 2020 ad valorem tax roll.”

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