Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1254
       
       
       
       
       
       
                                Ì977590BÎ977590                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2021           .                                
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       The Committee on Finance and Tax (Bean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 158 - 251
    4  and insert:
    5  assessment limitations in subsections (3) and (4), when:
    6         a. The square footage of the property as changed or
    7  improved does not exceed 110 percent of the square footage of
    8  the property before the damage or destruction; or.
    9         b.Additionally, the property’s assessed value shall not
   10  increase if The total square footage of the property as changed
   11  or improved does not exceed 1,500 square feet. Changes,
   12  additions, or improvements that do not cause the total to exceed
   13  110 percent of the total square footage of the property before
   14  the damage or destruction or that do not cause the total to
   15  exceed 1,500 total square feet shall be reassessed as provided
   16  under subsection (3).
   17         2. The property’s assessed value must shall be increased by
   18  the just value of that portion of the changed or improved
   19  property which is in excess of 110 percent of the square footage
   20  of the property before the damage or destruction or of that
   21  portion exceeding 1,500 square feet.
   22  
   23  Changes, additions, or improvements assessed pursuant to this
   24  paragraph shall be reassessed pursuant to subsection (3) in
   25  subsequent years.
   26         3. Property damaged or destroyed by misfortune or calamity
   27  which, after being changed or improved, has a square footage of
   28  less than 100 percent of the property’s total square footage
   29  before the damage or destruction shall be assessed pursuant to
   30  subsection (8).
   31         4. This paragraph applies to changes, additions, or
   32  improvements commenced within 3 years after the January 1
   33  following the damage or destruction of the property.
   34         Section 3. Paragraph (b) of subsection (6) of section
   35  193.1555, Florida Statutes, is amended to read:
   36         193.1555 Assessment of certain residential and
   37  nonresidential real property.—
   38         (6)
   39         (b)1. Changes, additions, or improvements that replace all
   40  or a portion of nonresidential real property, including
   41  ancillary improvements, damaged or destroyed by misfortune or
   42  calamity must be assessed upon substantial completion as
   43  provided in this paragraph. Such assessment must be calculated
   44  using shall not increase the nonresidential real property’s
   45  assessed value as of the January 1 immediately before the date
   46  on which the damage or destruction was sustained, subject to the
   47  assessment limitations in subsections (3) and (4), when:
   48         a. The square footage of the property as changed or
   49  improved does not exceed 110 percent of the square footage of
   50  the property before the damage or destruction; and
   51         b. The changes, additions, or improvements do not change
   52  the property’s character or use. Changes, additions, or
   53  improvements that do not cause the total to exceed 110 percent
   54  of the total square footage of the property before the damage or
   55  destruction and do not change the property’s character or use
   56  shall be reassessed as provided under subsection (3).
   57         2. The property’s assessed value must shall be increased by
   58  the just value of that portion of the changed or improved
   59  property which is in excess of 110 percent of the square footage
   60  of the property before the damage or destruction.
   61  
   62  Changes, additions, or improvements assessed pursuant to this
   63  paragraph must be reassessed pursuant to subsection (3) in
   64  subsequent years.
   65         3. Property damaged or destroyed by misfortune or calamity
   66  which, after being changed or improved, has a square footage of
   67  less than 100 percent of the property’s total square footage
   68  before the damage or destruction shall be assessed pursuant to
   69  subsection (8).
   70         4. This paragraph applies to changes, additions, or
   71  improvements commenced within 3 years after the January 1
   72  following the damage or destruction of the property.
   73         Section 4. For the purpose of incorporating the amendments
   74  made by this act to sections 193.155, 193.1554, and 193.1555,
   75  Florida Statutes, in references thereto, section 193.1557,
   76  Florida Statutes, is reenacted to read:
   77         193.1557 Assessment of certain property damaged or
   78  destroyed by Hurricane Michael.—For property damaged or
   79  destroyed by Hurricane Michael in 2018, s. 193.155(4)(b), s.
   80  193.1554(6)(b), or s. 193.1555(6)(b) applies to changes,
   81  additions, or improvements commenced within 5 years after
   82  January 1, 2019. This section applies to the 2019-2023 tax rolls
   83  and shall stand repealed on December 31, 2023.
   84         Section 5. The amendments made by this act to sections
   85  193.155(4), 193.1554, and 193.1555, Florida Statutes, are
   86  remedial and clarifying in nature, but the amendments may not
   87  affect any assessment for tax rolls before 2021 unless the
   88  assessment is under review by a value adjustment board or a
   89  Florida court as of the effective date of this act. If changes,
   90  additions, or improvements that replaced all or a portion of
   91  property damaged or destroyed by misfortune or calamity were not
   92  assessed in accordance with this act as of the January 1
   93  immediately after they were substantially completed, the
   94  property appraiser must determine the assessment for the year
   95  they were substantially completed and recalculate the just and
   96  assessed value for each subsequent year so that the 2021 tax
   97  roll and subsequent tax rolls will be corrected.
   98         Section 6. This act applies to assessments made on or after
   99  
  100  ================= T I T L E  A M E N D M E N T ================
  101  And the title is amended as follows:
  102         Delete line 44
  103  and insert:
  104         thereto; providing construction; requiring the
  105         property appraiser to determine assessments for
  106         certain changes, additions, or improvements for the
  107         year they were substantially completed and recalculate
  108         the just and assessed value for subsequent years under
  109         certain circumstances; providing applicability;
  110         providing an