§ 11.6-5. Reduction in assessed value of homestead property for providing living quarters for parents or grandparents.

(a)

Definitions. For purposes of this section, the following terms shall have the meanings indicated below:

Construction means all types of construction governed by the county's building code.

Primary place of residence shall have the same meaning as "permanent residency" for establishing homestead exemption pursuant to Section 196.031, Florida Statutes. The property appraiser may rely on the factors listed in Section 196.015, Florida Statutes, in determining whether the property is the primary place of residence.

Property appraiser means the Polk County property appraiser.

Reconstruction means all types of reconstruction governed by Polk County's building code and land development codes.

(b)

Reduction of assessed value of homestead property. Effective January 1, 2007, there is hereby granted to the owner of homestead property a reduction in the assessed value of that property equal to any increases in the assessed value of the property which results 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 that property, or the owner's spouse, if at least one of the parents or grandparents for whom the living quarters are provided is at least sixty-two (62) years of age.

(c)

Requirements. The assessment reduction provided herein applies under the following circumstances:

(1)

The construction or reconstruction is substantially complete in the year prior to the January first in which the qualifying parent(s) or grandparent(s) first occupies the constructed or reconstructed living quarters;

(2)

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.

(3)

The assessment reduction shall be applied to the assessed value of the homestead property as calculated pursuant to Section 193.703, Florida Statutes.

(4)

The construction or reconstruction is consistent with applicable local land development regulations.

(5)

The assessment reduction applies only to construction or reconstruction that occurs after January 7, 2007, to existing homestead property.

(c)

Amount of reduction. The amount of the assessment reduction shall not exceed the lesser of the following:

(1)

The increase in assessed value resulting from construction or reconstruction of the property; or

(2)

Twenty (20) per cent of the total assessed value of the property as improved.

(e)

Application. A reduction in assessment may be granted only upon an application filed annually with the property appraiser. An applicant is required to complete forms required by the property appraiser, including any affidavit regarding the age of the qualifying parent or grandparent and whether the living quarters are being used as the qualifying parent's or grandparent's primary place of residence for the year in which the reduction is sought. The application must be made before March first of the year for which the reduction is to be granted.

(f)

Termination. 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 first after the construction or reconstruction was substantially completed shall be added back to the assessed value of the property.

(g)

Penalty. If the owner of homestead property for which such a reduction in assessed value has been granted under this section is found to have made any willfully false statement in the application for the reduction, the assessed value reduction shall be revoked by the property appraiser, the owner is subject to a civil penalty of not more than one thousand dollars ($1,000.00), and the owner shall be disqualified from receiving any such reduction for a period of five (5) years.

(h)

Administration. This section will be interpreted in accordance with Florida Department of Revenue Administrative Rules as promulgated in the Florida Administrative Code.

(i)

Conflicting Provisions. Special acts of the Florida legislature applicable only to unincorporated areas of Polk County, county ordinances and county resolutions, or parts thereof, in conflict with this section are hereby superseded by this section to the extent of such conflict.

(Ord. No. 06-083, § I—VIII, 11-21-06)