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Florida Hurricane Victims May Qualify for Property Tax Refunds Thanks to Florida Statutes § 197.319

Hurricane Milton was a devastating blow to our community, leaving many homeowners facing significant property damage and financial hardship. As we approach the 30-day mark since the storm, there’s some good news: property tax relief may be available for those whose homes were rendered uninhabitable.

Florida Statute § 197.319 enables some homeowners to receive a refund of a portion of their property taxes, offering a lifeline to homeowners affected by catastrophic events like hurricanes, fires, and floods. Bottom line: if your home was uninhabitable for at least 30 consecutive days due to Hurricane Milton, you may qualify for a property tax refund.

What is a Catastrophic Event?

Florida Statutes § 197.319(1)(a) defines “catastrophic event” to be “an event of misfortune or calamity that renders one or more residential improvements uninhabitable. The term does not include an event caused, directly or indirectly, by the property owner with the intent to damage or destroy the residential improvement.”

Here’s a breakdown of the key points:

  • Eligibility:
    • Residential properties: Both homestead and non-homestead properties are eligible, but not commercial property.
    • Uninhabitable for 30 days or more: The property must be rendered uninhabitable for at least 30 consecutive days due to the catastrophic event.
    • Catastrophic event: This includes severe weather events like hurricanes, tornadoes, and floods, as well as non-weather events such as fires and explosions.
  • Refund Process:
    • Application: Property owners must file an application for refund with the property appraiser by March 1 of the year following the catastrophic event.
    • Damage assessment: The property appraiser will assess the damage to the property and determine the extent of the uninhabitable period.
    • Refund calculation: The tax collector will calculate the refund amount based on the number of days the property was uninhabitable and the applicable property tax rate.
    • Refund issuance: The refund will be issued to the property owner.

Important Note:

  • This law applies to catastrophic events occurring in 2023 and thereafter.
  • Specific details and eligibility requirements may vary, so it’s advisable to consult with your local property appraiser or tax collector’s office for accurate information.
  • Under the law, a residential improvement does not include a structure that is not essential to the use and occupancy of the residential dwelling or house, including, but not limited to, a detached utility building, detached carport, detached garage, bulkhead, fence, or swimming pool, and does not include land.”

How Do You Calculate Your Potential Catastrophic Event Tax Refund?

Let’s look at a simplified hypothetical situation.

Imagine a home valued at $450,000 that was rendered uninhabitable for 120 days due to a hurricane. After the storm, the property’s value dropped to $200,000. The annual property taxes on this home were $3,000.

Here’s how to calculate the refund:

  1. Calculate the value loss:
    • Value loss: $450,000 – $200,000 = $250,000
    • Percentage of value loss: ($250,000 / $450,000) * 100% ≈ 55.56%
  2. Calculate the percentage of uninhabitable days:
    • Percentage of uninhabitable days: (120 days / 365 days) * 100% ≈ 32.88%
  3. Calculate the damage differential:
    • Damage differential: 55.56% * 32.88% ≈ 18.28%
  4. Calculate the refund amount:
    • Refund amount: $3,000 (amount of annual taxes) * 18.28% ≈ $548.40

So, in this hypothetical scenario, the homeowner would receive a refund of approximately $548.40.

Remember – this is just an example…

  • Exact calculations may vary based on specific property values, tax rates, and the duration of the uninhabitable period.
  • Consult with your local property appraiser or tax collector’s office for accurate information and assistance with the application process.
  • Deadlines apply: Be sure to file your claim by the specified deadline to ensure you receive your refund.

Take Action Now.

By understanding this process, you can estimate your potential refund and take the necessary steps to claim your rightful tax relief. Don’t miss out on this potential property tax relief. Contact your local property appraiser’s office for specific information and to begin the application process.

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